Friday, April 19, 2024

Dwight Howard’s lawsuit continues as decide denies his movement to dismiss case

A brand new chapter in Dwight Howard’s controversial lawsuit has unfolded, as a decide in Georgie determined to say no his movement to dismiss the case which alleges sexual assault and battery. The go well with, which was filed by Stephen Harper virtually a 12 months in the past, accuses the previous NBA star of injuring him in his own residence in 2021.

The athlete’s attorneys have responded by saying that the encounter was consensual. Nonetheless, the Gwinnett County decide additionally made a ruling to state an exhibit that features sexually specific messages from the alleged sufferer.

“My remark, at the moment, is that we’re glad the courtroom denied Mr. Howard’s movement and sit up for proving our shopper’s case,” mentioned Harper’s legal professional, Olga Izmaylova.

On the opposite facet, one among Dwight’s attorneys is satisfied that the reality will ultimately come out. “Justice will prevail and we absolutely belief in our justice system and the method,” Justin Bailey informed the press. “This order is part of the method. We are going to interact in discovery and can additional show our case, and when the time is correct, we’ll let our future pleadings converse for themselves.”

Again in December, the basketball middle filed a movement to take away the lawsuit by stating that it was “nothing greater than a basic case of unrequited love” and “frivolous” usually.

Howard’s intent to dismiss the case was largely centered on textual content messages exchanged by each males, additionally alleging that a few of the messages had been deleted and others had been doctored. The participant’s camp delivered screenshots of those texts as proof, as that they had not been entered into the file.

“Briefly, the totality of the textual content messages between Mr. Howard and Mr. Harper make it abundantly clear that Mr. Harper’s claims are frivolous, that he was a keen participant within the occasions of July 19, 2021, and the early morning hours of July 20, 2021, and that the touching of his individual had been invited by him,” his attorneys claimed.

Howard’s attorneys defined why this proof ought to’ve been sufficient proof to dismiss the case in opposition to the participant

Though the athlete’s attorneys remorse the judges determination to dismiss their movement, Dwight’s authorized camp defined why they believed the proof they confirmed ought to’ve been sufficient proof.

“Extra importantly, the express messages not solely present consent but additionally that Mr. Harper was initiating a few of the sexual contact. Mr. Harper not solely invited the preliminary expertise, however tried to provoke a second encounter as a result of the primary was so pleasant,” they expressed when sending the proof.

“As it’s undisputed that Mr. Harper consented to the touching between him and Mr. Howard, Mr. Harper’s claims essentially fail, and Mr. Howard is entitled to abstract judgment because the clear consent negates the important component of intent and the claims of Assault, Battery, False Imprisonment, and Intentional Infliction of Emotional Misery fall like a home of playing cards,” the attorneys added.

Again in July, the alleged sufferer first filed a civil go well with in opposition to the basketball participant for damages of assault and battery, false imprisonment and intentional infliction of emotion misery. The police ultimately suspended the case as he by no means gave a proper interview, so there are not any legal expenses in opposition to Howard.

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