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Rusty Hardin

Watson seeks names of accusers

This was going to happen sooner or later.

Attorneys for Texans quarterback Deshaun Watson on Thursday urged several state courts to require the disclosure of the names of the women accusing him of sexual assault and harassment — a move one legal expert called an intimidation tactic.

In a new court filing, defense lawyer Rusty Hardin lambasted the women’s attorney, Tony Buzbee, for holding a “trial by press conference” and making it difficult for Watson to respond to the 22 separate accusations without knowing who filed suit. The anonymous women, most of whom are massage therapists, allege that Watson assaulted or harassed them during sessions in 2020 and 2021 in Texas, California, Georgia or Arizona.

Hardin filed multiple requests Thursday but said he intended to file them in all of the women’s cases.

“Through the spectacle of the last few weeks, Mr. Watson has been unable to responsibly defend himself in the face of overwhelming national media coverage,” Hardin said in the filing for a special exception to the original petition. “Mr. Watson’s counsel cannot in good conscience publicly respond to the specific allegations being made because any response would be based on dangerous speculation about the identity of the accusers.”

[…]

The women are all officially listed as “Jane Doe” in court documents. Two Texas Rules of Civil Procedure prevent plaintiffs from filing civil claims using pseudonyms, Hardin said. One rule requires plaintiffs to state their name if it is known, and the other requires giving the defense fair notice of the claims involved. An exception is made for minors in sex assault cases.

A judge could potentially permit the defense to learn the identities of the plaintiffs but order the names not be released publicly, University of Houston law professor Meredith Duncan said.

Tahira Khan Merritt, a Texas attorney who litigates civil sex assault cases in state and federal court, said judges have discretion as to whether they would allow the case to proceed under a pseudonym. Prohibiting a pseudonym would merely be an intimidation tactic so early in a case, she said.

“The use of pseudonyms is very common across the United States,” Merritt said. “The only reason they would push it is to shut the victim up and discourage others from coming forward.”

Buzbee previously told Hardin he could provide the names if they used a confidentiality order, Hardin said.

As we know, two accusers have come forward publicly, but the others have not. At the court hearings today, they got some of what they wanted.

Two Harris County judges ordered in separate hearings on Friday that Tony Buzbee refile sexual assault and harassment cases against quarterback Deshaun Watson with the names of the accusers made public.

State district Judge Dedra Davis granted defense attorney Rusty Hardin’s request and asked that Buzbee refile a case in her court and disclose one of the women’s names within two days. Buzbee had suggested a private disclosure to Hardin for the women, who were initially all listed as “Jane Doe.”

A second judge, Rabeea Sultan Collier, made the same determination in the cases of three other women late Friday morning. Ten other women agreed to allow Buzbee to release their identities, and the woman in Davis’ court was “emboldened” and told Buzbee not to fight the judge’s decision, he said.

[…]

Hardin told Collier that making names public, while a concern for women’s safety, is also necessary for the defense. Since Solis and one other woman identified themselves during a Tuesday news conference, his team has received information about them from outside parties, he said.

Davis agreed that both parties needed fair treatment and that the women needed to be protected. But she agreed with Hardin that his use of publicizing the case in the media hurt his arguments.

“Everything’s been thrown into the spotlight,” she said. “I understand that you said in private you will allow the accuser to be known but it’s been very public.”

Collier heard arguments about 12 cases, nine of which were moot since the women agreed to have their names released. Solis’ case, the first to be filed, landed in her court, which means it is customary that any consolidation of cases would also move to her courtroom.

Hardin and Buzbee also agreed on a consolidation agreement Friday. All 22 women’s cases will proceed in Collier’s court before trial, but would move back to their original courts for a trial.

OK then. There are still hearings to be had for the remaining women, so we’ll see how that goes. We also now have a preview of the defense.

Deshaun Watson’s attorneys on Friday issued their first extensive defense of the star quarterback, alleging that every sexual act he partook in was consensual.

Rusty Hardin and a team of four women spoke from the Hilton Americas hotel downtown, issuing statements of support to the media and apologizing for remaining quiet as Watson was hit with 22 separate lawsuits of sexual assault and harassment. But the veteran, high-profile defense attorney also prodded reporters to look more closely at the behavior of the women’s lawyer, Tony Buzbee, who he said withheld the names of the anonymous plaintiffs until it was vital that they be made public through an emergency hearing.

[…]

Watson has been receiving two to three massages a week for four years, totaling sometimes to 150 a year, Hardin said. Most of the allegations seem to stem from 2020 and 2021 because the massage industry has changed over the course of the pandemic with the closure of spas and tendency of massage therapists to turn to Instagram for marketing, he said.

Watson, 25, largely operates from Instagram, and he doesn’t have a large team of massage therapists at his disposal through the Texans as many would believe, his attorneys said.

The female attorneys at the press conference clarified that they were not the only people from Hardin’s office on the lawsuits and did not appear to speak for appearances. They were only there because they wholeheartedly believe Watson, they said.

Attorney Leticia Quinones, a sexual assault survivor herself, said that she and other women on the team personally met with Watson and were convinced of his innocence. She urged the public to look at Watson’s “credit history” of good deeds in the community and success in overcoming a rough childhood.

She said Watson has a target on his back after signing a $160 million contract. He’s separately trying to leave the Texans.

“This 25 year old man was thrown in the depths of something he wasn’t accustomed to – money fam and stardom,” Quinones said.

Quinones added however, “I don’t discount anything that a young woman believes happens to her,” and after taking questions, Hardin agreed that “good guys” are capable of doing bad things.

Hardin said he simply wants to move the needle back to the middle in terms of public discourse following weeks of attacks from Buzbee’s team.

I’ve tried not to jump to any conclusions as the plaintiffs have made their accusations, and I’m going to continue to try to stay neutral as the defense begins to speak. There is sure to be a lot more said on all of this. Sean Pendergast has more.

A Watson accuser has come forward

Listen to what she says.

The first of 22 women to file a sexual assault and harassment lawsuit against Texans quarterback Deshaun Watson spoke out on Tuesday, coming forward publicly in response to the defense team’s questions over the accusers’ identities.

At a news conference in attorney Tony Buzbee’s downtown high rise office, licensed massage therapist Ashley Solis shared her experience as a woman who is now struggling in her profession in the aftermath of the alleged assault. Buzbee then distributed pages of documents showing messages that he claims Watson sent to some of his clients, and his associates named a second woman who filed one of the lawsuits.

Solis said she now has difficulty touching patients without shaking, and on several occasions she has had to end sessions early.

“We were all deceived into thinking that Deshaun Watson was a great guy,” Solis said. “Unfortunately we know that good guys can do terrible things.”

Watson’s attorney, Rusty Hardin, released a lengthy statement containing a series of email exchanges allegedly between Buzbee’s camp and a Watson representative, claiming Buzbee sought $100,000 to settle Solis’ allegations just one month before he filed her suit.

“Mr. Buzbee himself repeatedly claimed that the litigation he filed on behalf of other Jane Does ‘isn’t about money,’” Hardin said. “In fact, according to the documentation below, Mr. Buzbee sought $100,000 in hush money.”

Separately, he said Buzbee has not turned over any of the documents he shared with the media. Hardin has previously criticized Buzbee for failing to give him the names of his clients, which he says prevents him from investigating the claims.

See here for the previous update. I would much rather live in a world where no one ever had any reason to accuse Deshaun Watson – or anyone else, for that matter – of any kind of inappropriate sexual behavior. One is allowed to have complicated feelings about all of this. I’m still wrestling with a lot of contradictory emotions and reactions, and I’m a pretty lukewarm Texans fan. While Deshaun Watson and Rusty Hardin have the right to defend his actions and his reputation, Ashley Solis deserves to be treated with respect. She’s already being attacked by trolls, which is a great illustration of why very few women make this kind of accusation lightly, and why most of these plaintiffs have remained nameless so far. Watson and Hardin will get their chance to question her account and her veracity, and we will get to make up our own minds about it, hopefully once all the evidence is in. Let’s all please try not to be jackasses about this.

I mention Watson and Hardin defending Watson’s reputation because that is very much at issue here.

Nike has suspended its business relationship with Texans quarterback Deshaun Watson, who is facing 22 civil lawsuits that allege sexual assault and harassment.

“We are deeply concerned by the disturbing allegations and have suspended Deshaun Watson,” Nike said in a statement e-mailed to the Chronicle. “We will continue to closely monitor the situation.”

Beats by Dre also has terminated its relationship with Deshaun Watson, according to sources not authorized to speak publicly. Watson had a business relationship with Beats by Dre since he was drafted in the first round in 2017 out of Clemson.

Also, Reliant Energy has dropped its relationship with Watson as a brand ambassador is over.

“Reliant is aware of pending civil lawsuits and a criminal investigation involving Deshaun Watson, Houston Texans quarterback,” Reliant said in an email. “Our relationship with Watson as a brand ambassador was scheduled to end this spring prior to these allegations, and there are no plans for future engagements or contracts with him. We take accusations of this nature very seriously. With respect to the legal process, we do not have any further comment on this matter.”

Not hard to understand why these companies took this action. The stakes overall are a lot higher than endorsement deals, but this is a significant development. Sean Pendergast has more.

HPD now investigating Deshaun Watson

Someone filed a report.

Already facing a rash of civil lawsuits, Houston Texans quarterback Deshaun Watson now has been named in a criminal complaint, according to the Houston Police Department.

HPD confirmed it “is now conducting an investigation and will not comment further during the investigative process.”

The probe comes as Texans quarterback faces 21 civil lawsuits from massage therapists or wellness professionals who allege he sexually assaulted or harassed them at various points during massage sessions in 2020 or 2021.

Watson and his attorney, Rusty Hardin, have denied the claims

Hardin, who has publicly chastised Watson’s accusers for not disclosing their names in the litigation, said his team will cooperate with police.

“We welcome this long overdue development,” Hardin said of the investigation. “Now we will learn the identity of at least one accuser.”

Houston attorney Tony Buzbee, who is representing the alleged victims in the civil lawsuits, pushed back against the criticism of the alleged victims, saying they are courageous in coming forward.

“It takes great strength to do what these women are doing,” he said. “We are not only dealing with the future of a star quarterback, we are dealing with the physical health, mental health, safety, and well-being of courageous people who had the fortitude to step forward, although powerless, against the powerful.”

On Friday, Buzbee said that he was aware of the criminal complaint filed Friday morning.

“I will also confirm that other criminal complaints will follow, as previously indicated, in Houston and in other jurisdictions and with other agencies,” he said.

That’s more direct than Buzbee’s previous word salad on the topic. It seems likely we were always headed in this direction, but the story so far has proceeded in an unusual manner, so who really knows. Nothing to do but wait and see what if anything comes of this, and how many other reports get filed.

Will there be any criminal complaints filed against Deshaun Watson?

Maybe? It all depends on what Tony Buzbee means, and Lord only knows about that.

In his latest Instagram post about the sexual assault allegations against Deshaun Watson, Houston attorney Tony Buzbee said Tuesday that he plans to take evidence of the assaults to an investigating agency outside the Houston Police Department.

Buzbee has filed 19 lawsuits on behalf of women who said Watson sexually assaulted or harassed them during massage sessions in 2020 and 2021.

In Buzbee’s post, published around 9 p.m., the attorney said he was initially reluctant to provide information about the alleged crimes, citing his 2019 mayoral bid in which he called for then-Police Chief Art Acevedo’s resignation.

Acevedo recently took a job as police chief of the Miami Police Department. Buzbee, however, said he has since discovered that Watson’s attorney, Rusty Hardin, has a son “who is on of (sic) the exclusive Command Staff of HPD.”

“I am not saying in any way that Deshaun Watson’s lawyer, Mr. Hardin, has a son who has a position that would compromise HPD and its investigation,” Buzbee wrote. “I support his service, along with all Houston police officers—I think the rank and file know that. But, I am saying that me and my clients will go elsewhere to provide our evidence to investigative authorities. Stand by.”

Buzbee said his legal team has been “roundly criticized” for not filing formal complaints with the Houston Police Department. He said the team has “provided info to other organizations” but did not elaborate in the post.

What “other organizations” might those be? Who knows. I’m not going to try to interpret the musings from Tony Buzbee’s galaxy brain. He’s got a strategy and he’s clearly got evidence to back him up – see Sean Pendergast’s analysis of the five most damaging allegations against Watson for an appraisal of that – and he’s gonna do what he’s gonna do. At some point, we’ll see what the endgame that Buzbee has in mind is. In the meantime, the lawsuit count is up to 21. And as of Wednesday, we now have this.

In a concerted attempt to paint Watson in a more favorable light, Watson’s defense released statements Wednesday from 18 women who “are deeply troubled by the accusations” made against Watson and who believe the allegations are “wholly inconsistent with their experiences with him and who they believe him to be.” All 18 women who released statements Wednesday supporting Watson made their identities public.

Watson’s defense attorney Rusty Hardin said these women who have spoken out on Watson’s behalf have collectively worked with the Texans star “more than 130 times over the past five years.”

“These statements show the other side to this story that has been so lacking in the flurry of anonymous complaints filed by opposing counsel,” Hardin said. It’s the most vigorous attempt from Hardin yet to defend Watson, and comes after Hardin claimed last week that at least one of Watson’s accusers had privately attempted to blackmail the quarterback into paying her to keep quiet about what happened during their massage appointment.

Several therapists are quoted, and you can go read what they have to say if you wish. I get where this is coming from – whatever ultimately happens with the allegations and lawsuits, Watson’s reputation has taken a big hit, so some of this is an attempt to mitigate that damage – but the old-school “well, he never did anything untoward around me” defense is, at best, not on point. I would hope by now that we have internalized the idea that a person can behave differently in different contexts and around different people. It’s dangerously close to victim-blaming, and that’s a road we should want to avoid.

Another Watson lawsuit update

The count is now nineteen.

Nineteen women have now accused Texans quarterback Deshaun Watson of sexual assault after three massage therapists filed separate lawsuits Sunday night.

The latest accusations involve women who said Watson assaulted and harassed them during massage sessions at various points in 2020. Watson and his attorney, Rusty Hardin, have denied the allegations. Well-known Houston attorney Tony Buzbee, a former mayoral candidate, is representing the women.

In the latest lawsuit, Buzbee claimed Watson is deleting Instagram messages and contacting some of the women in an attempt to settle. Hardin issued a statement Monday afternoon in response to the allegation.

“Like a lot of people, Deshaun regularly deletes past Instagram messages,” Hardin said. “That said, he has not deleted any messages since March 15th, the day before the first lawsuit was filed. We categorically deny that he has reached out directly to his accusers in an attempt to settle these cases.”

“Opposing counsel’s continued statements that these cases aren’t about money do not square with the facts in at least two of these cases. It is incredibly irresponsible to continue to make these types of false allegations in this avalanche of anonymous lawsuits, particularly while we are still trying to find out who the accusers are. We will address these issues, and others raised in these cases, in our formal response to the court in the coming weeks.”

[…]

“Plaintiffs have not brought these cases for money or attention; instead Plaintiffs seek a change in behavior with regard to Watson, and a change of culture in the NFL,” the 19th lawsuit reads.

See here and here for the previous updates, and click on the story link to see a copy of the latest lawsuit. Deleting material evidence (if indeed Watson has done so) could be a problem, which I presume is why Rusty Hardin is out there denying it. I will be very interested to see what their eventual formal response looks like. Sean Pendergast has more.