SAN FRANCISCO — A lawyer for a woman who accused Irish dance entertainer Michael Flatley of rape committed extortion when he threatened to go public with the allegation unless the "Riverdance" star paid him at least $1 million, the California Supreme Court ruled unanimously Thursday.
"That the threats were couched in legalese does not disguise their essential character as extortion," Justice Carlos R. Moreno wrote for the court.
The ruling permits Flatley to pursue a lawsuit against former Illinois lawyer D. Dean Mauro for extortion and infliction of emotional distress. Mauro was sued for his work on behalf of Tyna Marie Robertson, who after failing to collect from Flatley accused him of rape in an unsuccessful lawsuit. No criminal charges were ever filed against Flatley.
Bert Fields, who represented Flatley in the case, said celebrities are often targets of false charges, and "a lot of people pay off rather than risk the embarrassment."
"Celebrities are victimized more frequently than you would expect by this kind of thing," Fields said.
James Holmes, a lawyer for Mauro, said he still expects to prevail in the lawsuit. Holmes said the ruling creates a "dilemma" for lawyers, because they are ethically obligated to represent their clients zealously but will now be vulnerable to charges of extortion if they are too aggressive in making demands.
"What happens if they do not put out an aggressive letter on behalf of their client?" Holmes asked.
According to ruling, Flatley said he and Robertson had consensual sex in October 2002 in his hotel suite in Las Vegas, where he was starring in "Lord of the Dance."
Flatley said Robertson was "very friendly" when he met her in Las Vegas earlier, so he gave her the telephone number of his personal secretary.
Robertson later called and arranged to meet with Flatley on Oct. 19, the ruling said. She arrived at the dancer's two-bedroom suite at the Venetian Hotel in Las Vegas and put her belongings in his bedroom.
Flatley said he and Robertson dined together and then returned to his suite, where he took off his clothes and got into bed. He said Robertson went to the bathroom, then reappeared naked, entered his bed and stayed the night.
The dancer said his secretary spent the night in the suite's other room and heard no cry or complaint. The next morning, Robertson entered the common area of the suite and kissed Flatley in his secretary's presence, the dancer said. "Her demeanor was relaxed and happy," the ruling quoted him as saying.
