Stacy Johnson-Klein's Back in Court

December 22, 2008 2:04:21 PM PST
A Fresno Superior Court Judge has some tough decisions to make in the Stacy Johnson Klein sexual harassment and discrimination lawsuit against Fresno State.Should there be a new trial and if no new trial will the $19m dollar jury award stick?

Fresh from her trip to Sacramento Thursday to testify before a senate committee on gender discrimination former Fresno State Basketball Coach Stacy Johnson Klein was back in court for another legal battle.

Not happy with losing its lawsuit last month to Johnson Klein, Fresno State wants a new trial.

Stacy Johnson-Klein: "Still very sad that Fresno State chose this route, very sad that they're choosing to fight like this.... they're very wrong."

But Fresno State attorneys believe the jury was intimidated by the public and the media.

Attorney Mick Marderosian told the judge quote, "The totality of circumstances that occurred throughout this case jeopardized my client's rights to a fair trial."

Specifically Marderosian told the judge three of the jurors were approached during lunch.

I was interviewing people downtown trying to get reaction to an exclusive action news poll regarding the kind of job Fresno State President John Welty was doing.

The jurors were not wearing their official badges and did not identify themselves but they did not comment on the poll.

The judge told Marderosian today my attempt to interview the jurors was inadvertent.

Even if the judge decides there is no reason for a new trial Johnson Klein attorney Warren Paboojian says he still has the authority to examine the jury's award and reduce the $19.1m dollar verdict.

Warren Paboojian: "He has a right to look at the damages and decide based on the evidence whether they're excessive he can sit as the thirteenth juror and do that."

Judge Donald Black has promised a decision in the case by February 8th.


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