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Roethlisberger continues relentless assault on his accuser

Three days after releasing e-mail messages described as the “tip of the investigative iceberg” and publicly demanding that the woman suing Steelers quarterback Ben Roethlisberger abandon her case immediately, Roethlisberger has filed a motion to dismiss the claims against him, support by a 43-page legal brief and 29 exhibits.

We’ve obtained a copy of everything that has been filed.  (And, consequently, the hard drive on the official PFT Commodore 64 is now full.)

Put simply, the attack against the plaintiff is among the most aggressive I’ve seen in nearly 18 years of practicing law.

“Plaintiff is a disturbed and calculating woman,” Roethlisberger’s memorandum states at the outset of the “Introduction” section, “who, together with counsel, fabricated a claim of sexual assault against a two-time Super Bowl winning quarterback to save her job and extort a large monetary payoff.”

Roethlisberger also alleged that the plaintiff and her counsel hinted that criminal charges would be filed absent a settlement.  Roethlisberger, in turn, accuses the plaintiff and her lawyer of committing a felony under Nevada law:  “A person who, with the intent to . . . gain any money . . . threatens directly or indirectly to accuse any person of a crime . . . is guilty of a category B felony . . . .”

Roethlisberger also claims that the plaintiff obtained her U.S. Naturalization through false statements, falsely received disability benefits to cover a leave of absence from work, and has “defiled the sanctity of this Court with unsubstantiated and salacious allegations of sexual assault.”

The memorandum attaches various affidavits that, in Roethlisberger’s view, support the contention that the plaintiff is “an admitted sex addict,” that she was “excited about the prospect of having sex with” Roethlisberger, and that she told one of her co-workers that she was interested in having sex with him.

Though the memo contains no express admission by Roethlisberger that a sexual encounter occurred between Roethlisberger and the plaintiff, he never denies it — and the text of the memorandum strongly implies it:  “Plaintiff boasted that her sex encounter with Mr. Roethlisberger as the ‘best ever’ and that she did not care if it ever happened again because the sex was ‘soooo good.'”

Roethlisberger requests that the plaintiff be required to submit to an “immediate medical examination,” alleging that “there is no question that Plaintiff is unstable mentally.”

So, regardless of the merits of the case (and, frankly, it doesn’t look good at this point for the plaintiff), Roethlisberger’s lawyers are using the “nuts and sluts” defense by calling the plaintiff both a nut and a slut.

That said, it’s their prerogative to attempt to approve either or both things, if they so choose.  There’s a chance it will backfire, however.

But there’s also a chance that the approach will cause her to give up, especially if the contention that her charges have been fabricated is true.

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45 Responses to “Roethlisberger continues relentless assault on his accuser”
  1. GeauxSaints53 says: Aug 22, 2009 12:10 AM

    Nice title there Florio.

  2. BringingTheWood says: Aug 22, 2009 12:14 AM

    Way to go Ben, make those crazy gold digging sluts everywhere think twice before they try to extort their next mark!

  3. i'm president charlie! says: Aug 22, 2009 12:19 AM

    This thread needs more Reba.

  4. nflqb says: Aug 22, 2009 12:32 AM

    What a piece of trash, I would not be surprised if they find out the filthy whore used harrahs to make some xstra cash selling her body in their rooms!~

  5. SaintsBucsPanthersSUKK says: Aug 22, 2009 12:42 AM

    Andrea McNulty is moving to San Diego in hopes of running in to Antonio Cromartie.

  6. Rex Grossman says: Aug 22, 2009 12:44 AM

    Everyone believes him because he is white.

  7. FumbleNuts says: Aug 22, 2009 12:47 AM

    “A person who, with the intent to . . . gain any money . . . threatens directly or indirectly to accuse any person of a crime . . . is guilty of a category B felony . . . .”
    I hope this money grubbing Bimbo and her Pimp-Daddy lawyer are charged and convicted of this crime!

  8. danlinker says: Aug 22, 2009 12:50 AM

    “Roethlisberger continues relentless assault on his accuser”
    Great headline wording there counselor. Nice move. I’ll take it. Pretty funny. Florio, you are such a towel snap victim.

  9. Raider Pride says: Aug 22, 2009 12:56 AM

    Mr. Florio.
    This article needs a better HEADLINE
    I will write for you anytime.
    The Headline Should Have Read….
    “Ben Tries To Close The Barn Door On Lawsuit.”
    Or perhaps…
    “Ben Tries To Put Accuser Out To Pasture.”
    Or my personal favorite….
    “Ben Bashes Broodmare”

  10. Rezen says: Aug 22, 2009 1:03 AM

    Well played, Big Ben!
    signed, OJ Simpson

  11. SixBurghDude says: Aug 22, 2009 1:15 AM

    i’m president charlie! says:
    “This thread needs more Reba.”
    Which one?
    The Steeler fan/IT Director or the ho???
    I got a sneaky suspicion that they’re one in the same!
    Check that, I got a stronger feelin’ on the latter than the former!!!

  12. returner8685 says: Aug 22, 2009 1:32 AM

    the copy in this article was not exactly what i expected to hear after reading the suggestive headline. thanks mike for the huge letdown.

  13. kesc0701 says: Aug 22, 2009 2:50 AM

    After the Kobe Bryant case, why haven’t athletes wised up and become more aware of who they sleep with?

  14. meezle says: Aug 22, 2009 2:57 AM

    Like shaq told kobe
    Ben don’t be rapin people

  15. Philtration says: Aug 22, 2009 3:03 AM

    Come on Steeler fans…. say it.
    It is not a relentless assault if it is consensual.

  16. pomppu says: Aug 22, 2009 3:06 AM

    Oh, you have hard disk for your Commodore 64. Wow! Back in 1986 one with a 10MB storage space cost $899.95. (comparing to the Consumer Price Index, it’s the same as $1,768 today)
    10MB is the same capacity that 60 floppy disks of those times have. And 60 of those were “a bit” cheaper than $899.95.
    Ok, maybe you’ve bought it very recently… The prices may have gone down. Anyway, you are my personal hero now. 🙂

  17. Reba says: Aug 22, 2009 3:12 AM

    Uh, here’s a thought. Are you saying that Roethlisberger is innocent because he says he is? Who died and left him God?
    There has always been an old saying that the best offensive is the greatest defense. Ben’s attorneys are coming out blazing. Worried a little gentlemen? Have you seen the Harrah’s videotapes yet? She has a great reputation at the hotel as an associate too.
    Let me take a look at those emails and see where they originated. Besides, Ben Roethlisberger’s name is not even on the emails… who is Ben Milliken? Uh… reasonable doubt. Besides this is a civil case and all you need a a perponderance of evidence. The only thing is that it’s too bad she didn’t go to the doctor afterward.
    If she is a whore, what does that make Ben? Uh, a whore! He is suppose to be a “winner”…. ACT LIKE IT KID! It is rumored he is the biggest whore in Pittsburgh… and of course girls talk. The rumor is he really needs to get EX-TENZE.

  18. Reba says: Aug 22, 2009 3:34 AM

    Hey Ben,
    Have you ever heard the best defense is a good offense? Your offense is off the hook so obviously you have something to hide. Your attys are all smoke and mirrors. I would LOVE to get my hands on those emails addressed not to Ben Roethlisberger but to a Ben Milliken. Hmmm. What is that IP address sent and received? Boy, I bet I would nail your butt to a wall. Ben is shameless and has a God complex. Ben, who died and left you God? NOBODY! Now someone stepped on your foot. What a Pu@@y! Girls talk also… you should watch those commercials late at night about pills that you can use to assist you in one particular area. I heard you need MUCH help there. LMAO
    I’m a Steeler fan… however not one of yours. Do us a favor and go ride on your motorcycle!!!!

  19. UFL says: Aug 22, 2009 4:08 AM

    Ben, let it go, be the bigger man..
    Men abuse and degrade women everyday. No wonder they hate us.
    Walk away.

  20. Guppy says: Aug 22, 2009 4:13 AM

    Dude, Commodore 64 don’t have hard drives — in fact, a 5.25″ floppy was an upgrade. Your tapes must be pretty full…

  21. Reba says: Aug 22, 2009 4:40 AM

    Ben is guilty and an idiot. The old saying the best defense is a good offense doesn’t work for him on the field nor will it in the courtroom. Too many accusations and legal mombo jumbo for him to be innocent.
    This is a funny ending… most people believe that with men, big hands and big feet mean ….. In Ben’s case big hands and big feet ONLY mean big gloves and big shoes! Poor fella.

  22. Swive says: Aug 22, 2009 6:12 AM

    Wow! Not only destroy the plaintiff, but use the filing as an advertisement for Roethlisberger’s sexual prowess as well. “Big Ben” indeed.
    Nice piece of work…

  23. DanRooney says: Aug 22, 2009 6:38 AM

    Looking at the facts, it’s clear that Ben didn’t rape this woman…
    but isn’t it a crime to have sex with the mentally handicapped? If i were Roflsburger, I’d be worried.

  24. EdgarSnyder says: Aug 22, 2009 6:56 AM

    Backfire? Not sure how it can backfire unless they fabricated all the email and text evidence.
    The suit against BR will be dropped next week. Count on it.

  25. tt0074958 says: Aug 22, 2009 7:29 AM

    You just can’t let it go, can you? You just had to use such a loaded title for this post, didn’t you? And then, you had to go on and sound shocked at how “aggressive” the filing is in this case. Have you ever handled a case of this sort? What is your actual legal experience? Before you make any intimations of legal expertise, perhaps it would be helpful for you to give your detailed background, so we can properly evaluate your opinions.

  26. Marty says: Aug 22, 2009 7:40 AM

    She should say he has a small penis and make him submit to a court order to verify.

  27. gbsparks says: Aug 22, 2009 7:54 AM

    The Commodore 64 did not have a hard drive, just a large floppy disk.

  28. houstonsimpleton says: Aug 22, 2009 7:55 AM

    Ben Roethlisberger, meet Roger Clemens. You sound a lot alike. Ben Clemens? Roger Roethlisberger!! Florio, you may borrow unattributed.

  29. C.Bass says: Aug 22, 2009 8:12 AM

    Why is defending yourself a crime?
    Florio, can you write one story about Ben that doesn’t attack him?

  30. stillworker says: Aug 22, 2009 8:21 AM

    Is Roethlisberger serving as his own attorney?? Isn’t it his lawyers filing these briefs?? It’s a ‘good’ thing you have a back-up career (lol), cuz you suck as a writer…imo. I’m just sayin’……ya know?

  31. PFTiswhatitis says: Aug 22, 2009 8:44 AM

    ah they went with the old “nuts and sluts” defense.

  32. blitzburgh1 says: Aug 22, 2009 9:18 AM

    You should be ashamed of that headline, Florio. By printing it that way, you are implying that Ben not only assaulted her but continues to “relentlessly” assault her in defending himself. It reeks of finding him guilty until proven innocent. No wonder you were welcomed by NBC.

  33. Farves sweet Hair says: Aug 22, 2009 9:21 AM

    Big Ben should stop raping the cheese bugers

  34. The Real Shuxion says: Aug 22, 2009 9:40 AM

    This does not take away from the fact that:
    Ben banged a 4…… not a 10, not a 8 not even an acceptable 6, a freakin 4!!!!

  35. VoxVeritas says: Aug 22, 2009 11:19 AM

    What’s Frankenberger afraid of? He’s trying to tear her down, offering her multiple settlements. Just let the thing go to trial and let the truth come out if you’re clean.

  36. SixBurghDude says: Aug 22, 2009 11:29 AM

    VoxVeritas says:
    What’s Frankenberger afraid of?
    Nothing as much as you seem to be afraid that it’s becoming more & more obvious by the day that he’s done nothing against the law in this case!

  37. i'm president charlie! says: Aug 22, 2009 11:33 AM

    “Plaintiff boasted that her sex encounter with Mr. Roethlisberger as the ‘best ever’ and that she did not care if it ever happened again because the sex was ‘soooo good.'”
    I guess its not the size of the boat, but the motion in the ocean. As a single, 27 year old man Ben and every other man should wait for marriage to have sex because Jebus said so. Not sure if you mentioned this above, but the best defense is a good offense.
    McNulty is already over $300,000 in debt, I wonder why she would sue a guy worth well over $100million?

  38. SixBurghDude says: Aug 22, 2009 11:36 AM

    The Real Shuxion says:
    This does not take away from the fact that:
    Ben banged a 4…… not a 10, not a 8 not even an acceptable 6, a freakin 4!!!!
    Did it ever cross your mind that it was probably hogg-nite?
    You, no doubt being the macho dude you so exude, would know what that’s all about, no???
    You remember that night…don’t lie, afterall how could you forget, no dude ever forgets the night that he proposes!
    The only difference here, as I see it, is that after hogg-nite, Ben didn’t end up with a fiance’!!!
    The REAL suction INDEED……bwhahahahahahahahahaha

  39. Matt says: Aug 22, 2009 12:25 PM

    VoxVeritas says:
    August 22, 2009 11:19 AM
    What’s Frankenberger afraid of? He’s trying to tear her down, offering her multiple settlements. Just let the thing go to trial and let the truth come out if you’re clean.
    Hmm…try to get the settlement dropped now so it doesn’t become a lingering pain in your ass …. or, let it go to trial so it becomes a two-year bitchfest, just to prove the point that you’re clean. It’s a real tough one…I dunno…
    Wait, no – F that. I’m going to try to get her to drop the case now. Why have that loom on your shoulders for the next 24 months? If you’re serious that you wouldn’t try to get the thing dropped now, if you were in his shoes, you’re a fool.

  40. tom coughlin's coat holder says: Aug 22, 2009 12:47 PM

    lawyers posturing…

  41. hitch1969 says: Aug 22, 2009 12:55 PM

    nuts and sluts – made my day.

  42. Florios_a_tool says: Aug 22, 2009 2:26 PM

    Reba needs to get some.
    Fact is she’s just pissed McNulty did, and she hasn’t in years. Bitter man-hater.
    Now get back in the kitchen Reba…

  43. Matt Campbell says: Aug 22, 2009 2:54 PM

    “relentless assault on his accuser”. Think about that for a second. That’s like saying “merciless self-defense” or something of the sort.
    So, a man accused of a crime can’t call into question the accusation or the accuser if the accuser is female and the accusation involves an alleged sex crime. I.e., he should say nothing and offer no defense.
    Maybe one day the author of this article will himself be accused by a woman of a sex-related criminal act. I wonder if he’ll say the same thing about his own case. But I hope that never happens to him because, as you can see, no one thinks you should have a defense. He’s a nymphotrope (see, but that doesn’t mean he deserves to be falsely accused, as that would, by his own thinking, lead inexorably to a prison sentence he wouldn’t deserve. Accusation = guilty. Pray you never find yourself there.

  44. Michaelquerty says: Aug 22, 2009 3:09 PM

    What a jerk, I can’t believe he expects the court system to hold a woman responsible for her actions! This is insanity, what next, True equality with the current bad man, good woman motto on Feminist banners taken down? This is crazy!

  45. TheBaySay says: Aug 22, 2009 5:23 PM

    Whether accusations are true or not, you really have to have everything lined up perfectly if you are an ordinary person accusing someone who can afford to hire top of the line investigators and lawyers and who will have a large portion of the public on his side from the get-go. The woman here may or may not have truth on her side, but often that is a side issue in this type of case anyway. Her chances are slim to none.

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