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Posted: 12/21/2005 9:58:05 AM EDT
news.yahoo.com/s/ap/20051221/ap_on_en_tv/letterman_restraining_order

Letterman Lawyers Fight Restraining Order

SANTA FE, N.M. - Attorneys for television talk show host David Letterman want a judge to quash a restraining order granted to a Santa Fe woman who contends the celebrity used code words to show that he wanted to marry her and train her as his co-host.

A state judge granted a temporary restraining order to Colleen Nestler, who alleged in a request filed last Thursday that Letterman has forced her to go bankrupt and caused her "mental cruelty" and "sleep deprivation" since May 1994.

Nestler requested that Letterman, who tapes his show in New York, stay at least three yards away and not "think of me, and release me from his mental harassment and hammering."

Attorneys for Letterman, in a motion filed Tuesday, contend the order is without merit and asked state District Judge Daniel Sanchez to quash it.

"Celebrities deserve protection of their reputation and legal rights when the occasional fan becomes dangerous or deluded," Albuquerque attorney Pat Rogers wrote in the motion.

Nestler told The Associated Press by telephone Wednesday that she had no comment pending her request for a permanent restraining order "and I pray to God I get it."

Sanchez set a Jan. 12 hearing on the permanent order.

Letterman's longtime Los Angeles attorney, Jim Jackoway, said Nestler's claims were "obviously absurd and frivolous."

"This constitutes an unfortunate abuse of the judicial process," he said.

Nestler's application for a restraining order was accompanied by a six-page typed letter in which she said Letterman used code words, gestures and "eye expressions" to convey his desires for her.

She wrote that she began sending Letterman "thoughts of love" after his show began in 1993, and that he responded in code words and gestures, asking her to come East.

She said he asked her to be his wife during a televised "teaser" for his show by saying, "Marry me, Oprah." Her letter said Oprah was the first of many code names for her, and that the coded vocabulary increased and changed with time.

Her letter does not say why she recently sought a restraining order.

Rogers' motion to quash the order contends the court lacks jurisdiction over Letterman, that Nestler never served him with restraining order papers and that she didn't meet other procedural requirements.

Link Posted: 12/21/2005 10:01:17 AM EDT
Holy shit.

Judge should order her to watch Leno instead of Letterman.

Link Posted: 12/21/2005 10:01:30 AM EDT
So, some asshat judge has already granted a temporary restraining order? Because of mental telepathy? Some judges need to be removed from the bench!

Link Posted: 12/21/2005 10:02:29 AM EDT
crazy people , how did that pass a judges reading it?

Link Posted: 12/21/2005 10:02:39 AM EDT
And people are taking this seriously?

Go Letterman.
Link Posted: 12/21/2005 10:07:29 AM EDT
Does any restraining order automatically mean you have to hand over your guns?
Link Posted: 12/21/2005 10:09:38 AM EDT
What goofy assed judge issued that shit? Telepathy? You've got to be kidding me. Hey judge, wake the fuck up.
Link Posted: 12/21/2005 10:14:39 AM EDT

Originally Posted By Admiral_Crunch:
Does any restraining order automatically mean you have to hand over your guns?



In some states.... yes!

PA is about to add itself to the list.
Link Posted: 12/21/2005 11:05:07 AM EDT
In addition you will always have a red flag even if it was cancelled. You still have to answer yes to the question of having a restraining ordered against you. This story is ridiculous. Can you imagine someone who does not have the luxary of vast sums of money to squash this right away.
Link Posted: 12/21/2005 11:15:33 AM EDT
Wow.

If I weren't such a clumsy, ill-fated, and incompetent boater, this might worry me.
Link Posted: 12/21/2005 11:21:55 AM EDT

Originally Posted By ken_mays:
Wow.

If I weren't such a clumsy, ill-fated, and incompetent boater, this might worry me.



Link Posted: 12/21/2005 11:23:26 AM EDT

Originally Posted By zer04evr:

Originally Posted By ken_mays:
Wow.

If I weren't such a clumsy, ill-fated, and incompetent boater, this might worry me.






+1!
Link Posted: 12/21/2005 11:23:28 AM EDT
nothing new here, many jurisdictions allow TROs without notice and opportunity to be heard so long as the petitioner alleges the required elements for such TRO. *shrug*
Link Posted: 12/21/2005 11:23:51 AM EDT

Originally Posted By pcsutton:
So, some asshat judge has already granted a temporary restraining order? Because of mental telepathy? Some judges need to be removed from the bench!


+1
Link Posted: 12/21/2005 11:24:50 AM EDT

Originally Posted By ken_mays:
Wow.

If I weren't such a clumsy, ill-fated, and incompetent boater, this might worry me.



yeah i know this boating season has been hell on my firearm collection!
Link Posted: 12/21/2005 11:28:25 AM EDT

Originally Posted By ken_mays:
Wow.

If I weren't such a clumsy, ill-fated, and incompetent boater, this might worry me.



Try that one out when they come and let us know how it works for ya!
Link Posted: 12/21/2005 11:28:46 AM EDT
Wow.

Got a bad neighbor who doesn't like you?

"Yeah.. my neighbor every night lights a fire in his backyard.. to cook some sacrifices in order to get me to come over to his house and become his slave"
Link Posted: 12/21/2005 11:29:08 AM EDT
That two timing ass!


Those code words, gestures and eye expressions were meant for me!!
Link Posted: 12/21/2005 11:33:58 AM EDT

Originally Posted By Grunteled:

Originally Posted By Admiral_Crunch:
Does any restraining order automatically mean you have to hand over your guns?



In some states.... yes!

PA is about to add itself to the list.



+1 it is dependant on the state. In Florida you are suppose to hand them over (or sell them to a relative for a dollar)
Link Posted: 12/21/2005 7:38:20 PM EDT
Is that the woman who kept breaking into Letterman's house a few years back?
Link Posted: 12/21/2005 7:41:03 PM EDT

Celebrities deserve protection ......... and legal rights



what about us lowly minions?
Link Posted: 12/21/2005 7:43:37 PM EDT
David Letterman regularly tells me to kill everyone in sight, using code words.

I choose to ignore him.

Link Posted: 12/21/2005 7:50:34 PM EDT
Letterman owns guns?
Link Posted: 12/21/2005 7:52:21 PM EDT

Originally Posted By CRC:
Letterman owns guns?



I think the point is that you can apparently file for restraining orders against people you've never met or talked to who live thousands of miles away from you.
Link Posted: 12/21/2005 7:54:14 PM EDT
Ahhh
Link Posted: 12/21/2005 8:16:24 PM EDT
damnn i can think of several ways to horrible abuse this in the right leftwng judge...
Link Posted: 12/21/2005 10:19:04 PM EDT

Originally Posted By TheSneak:

Originally Posted By CRC:
Letterman owns guns?



I think the point is that you can apparently file for restraining orders against people you've never met or talked to who live thousands of miles away from you.



And until the TRO is cleared up, at minimum you would not be allowed to buy guns due to the federal Brady law. Someone correct me if I'm wrong.
Link Posted: 12/21/2005 10:29:37 PM EDT
Can we file one against all the demorats for infringing on our RKBA?
Link Posted: 12/21/2005 10:31:37 PM EDT

Originally Posted By pcsutton:
So, some asshat judge has already granted a temporary restraining order? Because of mental telepathy? Some judges need to be removed from the bench!




+1
Link Posted: 12/21/2005 10:39:40 PM EDT

Originally Posted By bull_8:
Can we file one against all the demorats for infringing on our RKBA?



I think actually that there is a way to go about it without commiting a crime an being arrested but one of the attorneys here would have to chime in.
You'd have to go against the gov't though and not just one party. I think.
Link Posted: 12/21/2005 10:46:11 PM EDT

Originally Posted By drjarhead:

Originally Posted By bull_8:
Can we file one against all the demorats for infringing on our RKBA?



I think actually that there is a way to go about it without commiting a crime an being arrested but one of the attorneys here would have to chime in.
You'd have to go against the gov't though and not just one party. I think.



Well I say we start out small and do it on a by name basis, beginning with Schumer, Kerry, Fineswine, and Kennedy
Link Posted: 12/21/2005 10:48:15 PM EDT
The Federal Law only applies to ROs for domestic violence issues by my reading. Not sure about individual states.
Link Posted: 12/21/2005 10:50:14 PM EDT

Originally Posted By drjarhead:
The Federal Law only applies to ROs for domestic violence issues by my reading. Not sure about individual states.



Hence why I think we should start filing in our states. What do you think my chances would be of getting a 40 mile limit on them so it would keep them out of Wash, DC?
Link Posted: 12/21/2005 11:16:55 PM EDT

Originally Posted By Admiral_Crunch:
Does any restraining order automatically mean you have to hand over your guns?


No. Only if that block on the Order is filled out by the Court.
Link Posted: 12/22/2005 1:42:23 AM EDT

Originally Posted By taelil:
In addition you will always have a red flag even if it was cancelled. You still have to answer yes to the question of having a restraining ordered against you. This story is ridiculous. Can you imagine someone who does not have the luxary of vast sums of money to squash this right away.

The form doesn't say that . It says a current order . Not any ever .
Link Posted: 12/22/2005 2:02:35 AM EDT
The State of NM is quickly gaining on Kali for who has the most wacko's
Link Posted: 12/22/2005 2:50:09 AM EDT
This is not news to anyone who has been thru a divorce. TROs are ridiculously easy to get. Other side doesn't even have the opportunity to show up and fight it when it is initially granted. In most states, all the requestor has to say is "I feel fear that he MIGHT do something to me..." and BAM! You've got your TRO.

Massachusetts got into trouble a few years ago over this. Seems the judges were signing blank TROs en masse and handing them over to Social Services for the SS to fill out when momma comes in crying..... Think for a minute about how fucked up that is.
Link Posted: 12/22/2005 3:16:29 AM EDT
Link Posted: 12/22/2005 3:21:33 AM EDT

Originally Posted By spartacus2002:
This is not news to anyone who has been thru a divorce. TROs are ridiculously easy to get. Other side doesn't even have the opportunity to show up and fight it when it is initially granted. In most states, all the requestor has to say is "I feel fear that he MIGHT do something to me..." and BAM! You've got your TRO.

Massachusetts got into trouble a few years ago over this. Seems the judges were signing blank TROs en masse and handing them over to Social Services for the SS to fill out when momma comes in crying..... Think for a minute about how fucked up that is.



That's why the Dentist (IIRC) in Texas and the NRA sued. A restraining order is not a charge or conviction of any crime. The Dentist argued that by losing his gun rights to a RO they were violating his constutional right to due process. (Or something like that)

Basically you lose your gun rights (while the order is in effect) but have never been arrested, tried or convicted of any crime. When just about anyone can walk into a court and say you threatend them and get a RO on you is crazy. I know the town I grew up in now investigates issues before they will issue a warrant at least.
Link Posted: 12/22/2005 7:19:09 AM EDT
Could they be fought thru the due process clause?
Due process being the ability to face one's accuser?
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