WILLIAM KENNEDY SMITH LAWSUIT

Read a copy of the William Kennedy Smith lawsuit today at the Smoking Gun.com. Interesting pleading. Have to admit - I probably wouldn't have filed this lawsuit. Way too many facts that have to be explained away to a jury. By way of background, the plaintiff alleges she and Smith worked together from 1997 through late 1999. One January evening in 1999, plaintiff and some friends went out to celebrate a birthday. Smith, it is alleged, showed up uninvited. The complaint says that Smith "encouraged" the plaintiff and others to drink excessive amounts of alcohol, which he purchased. Hardly a shock there - on any given night in bars across America, lots of guys in bars are encouraging young women to drink excessive amounts of alcohol. The women can always turn down the booze with a simple "No thanks, I don't want another drink" or get up and walk out.

After dinner, plaintiff and her companions decided to go to another bar - and Smith was not invited. But he jumps in the cab anyway and off they go to another bar. Couple of issues starting to percolate here. Plaintiff apparently admits having lots to drink at the first bar. She then goes to another bar and drinks some more. She has all but admitted that she was intoxicated - so one defense will likely be that her version of events can't be trusted because she was drunk. I'm assuming that Mr. O'Reilly has touched base with her friends from that evening who will corroborate her testimony.

And I am a little troubled by the suggestion that she couldn't get rid of Smith. From what I recall, most women can lose an overly attentive guy in any variety of ways. Hell, I'm still waiting for one date to return from the ladies room - she's been in there since 1988. Fact is, she and Kennedy continued drinking for a couple of hours after plaintiff's friends had left. Plaintiff alleges that during that time, Smith "continued" purchasing drinks for plaintiff "causing" her intoxication. Those facts are a bit troubling as well. Again, why didn't she stop drinking and just go home? The defense is likely going to portray this as just another regrettable evening brought about by heavy drinking. Then the bar closes. According to the complaint, Smith demands they share a cab, though they live in different directions. The cab goes to his house and according to the complaint, he forcefully directs plaintiff into his home and ultimately into hi bedroom where he allegedly assaults her.

Only two people know for sure what went on that night. The allegations are far too serious to dismiss out of hand. And there are additional allegations that Smith had harassed other women at the CIR. Those facts, if true, could prove troubling to Smith.

But there are other facts that have come to light that raise questions about the plaintiff's case and her motives. For example, it appears by all accounts that although plaintiff advised some friends and co-workers, she never contacted the police. The defense will suggest that anybody who was assaulted as she alleges would certainly go to the police. And then there is the fact that she and Smith apparently dated for some time after this occurred. That is a particularly tough fact to get around. I know her explanation is that it wasn't a tender, loving relationship, but one where she was "dominated" for sexual purposes. She was seeing a famous, wealthy, accomplished man, some 20 years her senior. Of course it was about sex.

And then there's the argument about her motives. She's out of work, broke and has lots of debt. A large settlement or verdict would take some of that pressure off.

Smith has hired Dan Webb to represent him. Webb is one of the best trial lawyers in Chicago, if not the country. He is no stranger to high-profile cases. I think Smith is sending a signal that he intends to fight this thing all the way. Plaintiff is in for a bruising battle. I hope she knows what she is getting into.