Jury Selection Begins In Isiah Harassment Suit

http://www.realgm.com/src_wiretap_archives/47936/20070906/jury_selection_begins_in_isiah_harassment_suit/

Jury selection begins against Isiah Thomas

BY KEN BERGER | kenneth.berger@newsday.com
10:59 PM EDT, September 5, 2007

While the Knicks are still more than a month away from their first preseason game, Isiah Thomas is virtually assured of being in court Monday to begin defending himself against a sexual harassment lawsuit that promises to dominate headlines.

Sources on both sides of the case against Thomas and Madison Square Garden continued to reject the possibility of a settlement Wednesday. Barring unforeseen developments, jury selection will begin at 9:30 a.m. Monday at U.S. District Court in Manhattan.

Despite the awesome potential for the dirty laundry and secrets of the Knicks and the Garden to be aired in public, the case is virtually 100 percent assured of going to trial, the sources said.

Attorneys for both the Garden and plaintiff Anucha Browne Sanders declined to comment Wednesday on numerous pretrial rulings this week by U.S. District Judge Gerard E. Lynch.

While there was no overwhelming significance to Lynch's rulings on six motions by Browne Sanders and seven by Thomas and MSG, Lynch surprised both sides by reversing a previous ruling that suggested evidence of settlement negotiations should be admissible as evidence.

In an opinion filed Tuesday, Lynch granted Browne Sanders' motion to exclude evidence of settlement talks. Lynch ruled that the Garden and Thomas could not use Browne Sanders' 2006 offer to settle the lawsuit for about $6 million in making their case that her harassment and retaliation claims were "frivolous" and made "in bad faith."

Thomas, the Knicks' coach and president, and Browne Sanders each suffered setbacks in Lynch's other rulings. For example, Lynch ruled that the Equal Employment Opportunity Commission's determination that there was probable cause that Browne Sanders was harassed would not be admissible. Lynch ruled against Thomas in deciding that Browne Sanders' diary writings and comments to relatives and friends about the alleged harassment would be admissible -- though only to show Browne Sanders' state of mind.

Browne Sanders, a former MSG executive, is suing Thomas and the Garden for at least $10.3 million, alleging that Thomas sexually harassed her and that she was fired for complaining about it.

Opening arguments are expected to begin Monday after a jury is selected from a pool of about 100 potential jurors.