DrJ, I watch Bill O’Reilly (”BOR”), but don’t especially like him as a person (based on how he behaves on air). Thus, I have no inclination to defend him.
That said, I don’t believe the Makris’ complaint after reading it in detail. Either the alleged “facts” are made up or, at best for Makris, are put into false contexts. Maybe, she taped him, but selectively edited what was released about the conversations after she started talking about sex?
Settlement does not imply that a suit is based on a valid claim. BOR and Fox, like most parties to suits, have numerous reasons to settle that have little to do with the validity of the claim.
For one thing, Makris recounts conversation over a dinner with BOR and Makris’ college friend. Suppose that dinner was totally innocent, what will the college friend say? The college friend would almost certainly back Makris’ lies under this possible scenario.
If the college friend wasn’t willing to back Makris’ version, the story of that dinner would NOT even be in the complaint.
Now, if you were an innocent BOR and the plaintiff’s college friend is lined up to back her version, would you a) settle because there is no way to prove your innocence or b) endure years of litigation for an uncertain result with your life turned upside down?
Unfortunately, we can’t know for certain who is telling the truth as there is no stained dress here. It was just conversations with only biased witnesses (Plaintiff, her college friend on one night, and BOR) without any physical transaction.
As for a libel or other defamation claim against Starke, BOR has the same problem as in defending against the initial charges. How can you disprove the content of a conversation or series of conversations? You can’t and thus BOR could not prevail.
As a public figure pressing a libel complaint, BOR would have to prove that 1) he was not a pervert (i.e., the conversations never happened as claimed) and 2) Starke knew that BOR was not a pervert.
If Starke indeed went on BOR’s property, criminal and civil complaints for trespassing are possible. Such complaints are unlikely to yield significant money damages (civil) or any jail time (criminal), but might get BOR a court order to keep Starke from further harassing him.