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Date Posted: - 6:51--pm, ------ 12/22/05 Thu
Author: Heretic
Subject:

She�s going to make some therapist very happy someday!

Woman: Stop TV Comic's Messages; Santa Fean Gets Restraining Order to End Letterman's Talking to Her in "Code"

Albuquerque Journal 12/21/2005

By JEREMY PAWLOSKI AND MARK OSWALD Of the Journal

It probably won't make his Top Ten list.

A temporary restraining order has been granted against David Letterman at the request of a Santa Fe woman who claims the late- night talk show host has been communicating with her using code during his TV programs for years.

Letterman representatives said they know nothing of Colleen Nestler, who applied for the order. A lawyer for Letterman has filed a motion asking that the order be quashed.

"Celebrities deserve protection of their reputation and legal rights when the occasional fan becomes dangerous and deluded," Letterman's motion argues.

Meanwhile, Letterman attorney James Jackoway said in an interview that the "claims asserted (by Nestler) are absurd and frivolous on their face."

"This matter represents an unfortunate abuse of the judicial process and will be handled accordingly."

Attached to Nestler's application is a six-page typed letter alleging a bizarre scheme in which Letterman, fellow talkshow host Regis Philbin and actor Kelsey Grammer -- through the plots of his "Frasi- er" sitcom -- supposedly communicated with Nestler over the years.

Nestler maintains songs performed on "Late Night with David Letterman" and entire "Frasier" episodes were intended to send her messages about an alleged long-distance relationship with Letterman. "Oprah" was one of many code names Letterman used for her, Nestler wrote.

The letter doesn't appear to assert that Nestler and Letterman ever met.

Nestler, in a message left on a Journal answering machine in response to a phone inquiry, said she would not answer any questions and didn't want to be disturbed.

State District Judge Daniel Sanchez, who approved the restraining order, said Tuesday he reviewed Nestler's application before signing off on the temporary restraining order. He said he couldn't comment on specific cases or a plaintiff's capabilities.

"If they make a proper pleading, then I grant it," said Sanchez, referring to the standard form that petitioners fill out to get a temporary restraining order.

The standard order approved by Sanchez orders Letterman to stay at least 100 feet away from Nestler and to not contact her.

Sanchez issued the order Thursday after Nestler submitted an application in which she asked that Letterman be ordered to not even think of her and to "release me from his mental harassment and hammering."

Hearings are routinely scheduled after the orders are issued. The hearing on the Letterman order is set for Jan. 12.

On Monday, Albuquerque lawyer Pat Rogers filed a motion for Letterman seeking to quash the temporary restraining order. The motion argues that Nestler failed to "allege facts sufficient to determine personal jurisdiction over" Letterman and that the court also lacks jurisdiction, since Letterman doesn't live in New Mexico.

The motion notes several times that Nestler has no lawyer in the cases and argues that she should not be able to file these sorts of allegations and should not be allowed to represent herself.

"While Ms. Nestler may deserve compassion and assistance, allowing her to bring claims against Mr. Letterman is not in her interests or in the interests of justice," the motion said.

Rogers argued that Letterman should not have to defend himself against claims without merit.

�WMICentral 2005

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Replies:

I dont know what to think of this..but... -- Sportyangel, - 4:34--pm, ------ 12/30/05 Fri