Watson’s lawyers request names of women alleging sexual assault
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.”
Hearings are set to occur at 7:30 a.m. and 11 a.m. Friday in separate state civil district courts.
Hardin said he knows only two women’s names, both of whom were identified by Buzbee, during a Tuesday press conference. One of those women, the first to file suit, was the subject of a request for a $100,000 settlement before the litigation was filed, Hardin said.
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.
Hardin added that he felt Buzbee has released “crumbs” of evidence to the public instead of handling the cases in court, allowing the public to rush to judgment.
“Mr. Buzbee is wielding Plaintiff’s anonymity as a sword instead of a shield,” he wrote in the filing.
Watson is requesting a hearing on the matter on an “expedited basis,” according to the filing. His attorneys need to file an answer to at least one lawsuit on April 19, and defense is asking for the woman in that lawsuit to refile her case within two business days. If she doesn’t, Hardin asked the court to strike the woman’s entire petition and dismiss the case permanently.
Watson has categorically denied the claims.