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Libel Suit May Put Gov. on the Spot

Alleged groping victim seeks Schwarzenegger deposition about e-mail his camp sent to media.

March 22, 2004|Greg Krikorian, Times Staff Writer

Less than 24 hours before last October's recall election, a petite stuntwoman named Rhonda Miller stood before a row of television cameras in Los Angeles and alleged that Arnold Schwarzenegger had twice sexually assaulted her on movie sets.

But before her charges made the evening news, the campaign of Arnold Schwarzenegger had dismissed Miller's accusation and raised a claim of its own, suggesting in an e-mail that reporters should see whether Miller had a criminal record.

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Now, in a libel suit that has drawn little attention since Schwarzenegger's election as governor, he faces a courtroom battle that raises new questions about his campaign's handling of sexual harassment allegations. And if Miller's attorneys have their way, Schwarzenegger will be questioned under oath about whether he played any role in releasing the e-mail.

In the suit, the 53-year-old Miller alleges that the governor and his close advisors sought to soil her reputation after she accused him of sexual harassment. That effort, she said, was highlighted by an e-mail that invited reporters to check Miller's name on an Internet site of Los Angeles Superior Court criminal records.

As reporters discovered, there were plenty of Los Angeles criminal records for women with the name Rhonda Miller, but not one with the same birth date as the Miller who had accused Schwarzenegger. Even so, supporters of the governor immediately attacked her character on radio and television talk shows.

Miller's attorneys insist that Schwarzenegger and his campaign knew she had no criminal history but raised the topic of court records with the hope they could entice reporters into investigating Miller.

Court records show that Schwarzenegger was briefed by his aides about Miller's charges shortly after she appeared at the news conference. He has said in a sworn deposition that the e-mail was "created and disseminated" by the campaign "without my knowledge or consent."

Attorneys for Schwarzenegger and the campaign have urged that the libel suit be dismissed. But before ruling on that request, Los Angeles Superior Court Judge Robert L. Hess will hear arguments today on a motion by Miller's attorneys to depose the governor and his aides to seek proof that Miller was intentionally defamed by the campaign.

The motion is significant, both legally and politically. If Miller's attorneys are able to question the governor and others under oath, they could be asked about how the decision was made to send out the e-mail.

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