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Fox moves to fire accuser - Tells judge it's not retaliation
New York Daily News ^ | 10/16/04 | ADAM NICHOLS

Posted on 10/16/2004 1:09:24 AM PDT by kattracks

Scandal-hit Fox News moved yesterday to fire an employee who says she was sexually harassed by Bill O'Reilly - but wants a judge to declare the canning isn't retribution.

Andrea Mackris, 33, said she was served legal papers about her termination by a man lying in wait for her at her Manhattan apartment building.

The documents said Fox had asked a judge to let the TV station dump her from a $93,200-a-year job as associate producer on "The O'Reilly Factor" - and to rule that the firing was not in retaliation for her accusations about the show's host.

Mackris sued O'Reilly and Fox News on Wednesday, saying her boss had made "disgusting" phone calls to her. O'Reilly sued Mackris the same day, alleging extortion.

"I was walking into my apartment and there was a man hiding inside my building," Mackris told CNN's Anderson Cooper last night.

"I don't have a doorman. He had somehow got into my building and he was hiding behind my stairwell. He said, 'Oh, you're her.' He hit me in the chest with the papers and said, 'You're served.'"

"They're threatening me. They're frightening me," Mackris said. "Yes, I'm rattled, but I'm really strong."

Mackris' lawyer Benedict Morelli also was served with the papers.

He said, "They want the right to fire my client and for a court to find that firing nondiscriminatory.

"They will never get that right. They sued their own employee. Have you ever heard of anyone suing their own employee? Can you believe that?

"It'll be considered next week, but there is no way I'll let it happen."

Mackris claims O'Reilly, a best-selling author and writer, started making sexual comments to her back in 2001. She said they escalated after she returned to Fox News after a short stint at CNN this year.

She claims his remarks included telling her to use a vibrator, tales about his sexual conquests and his "amazing" endowment, and three phone sex calls in which he told of fantasies involving her.

In their countersuit, O'Reilly and Fox News say Mackris and her lawyer tried to extort $60 million in return for her dropping the harassment case.

O'Reilly has said he has been instructed not to speak about the issue. His lawyers did not return phone calls yesterday.

Originally published on October 16, 2004



TOPICS: Culture/Society; Front Page News; News/Current Events
KEYWORDS: oreilly
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1 posted on 10/16/2004 1:09:24 AM PDT by kattracks
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To: kattracks

Replace O'Reilly with Larry Elder, Thomas Sowell, Walter Williams, Michelle Malkin, Mark Steyn and Ann Coulter in rotating appearances.


2 posted on 10/16/2004 1:14:34 AM PDT by GeronL (John Kerry believes in a right to privacy and in gay rights............ ask "fair game" Mary Cheney)
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To: kattracks
There are associate producers in Manhattan making half the salary Mackris is. She's got one hell of a scam going already, but it looks like she's gotten too greedy.
3 posted on 10/16/2004 1:14:55 AM PDT by Dont Mention the War (How important a Senator can you be if Dick Cheney's never told you to "go [bleep] yourself"?)
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To: kattracks
delete "rotating" and insert... no no delete "insert" and replace it...

never mind

4 posted on 10/16/2004 1:15:13 AM PDT by GeronL (John Kerry believes in a right to privacy and in gay rights............ ask "fair game" Mary Cheney)
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To: kattracks

Here's how it will play out in the NYC Tabloids: The New York Post is owned by News Corp., which also owns Fox News. They will print all the dirt on the accuser they can find. The New York Daily News is the rival tabloid that would love to see News Corp. humiliated. They will print all the dirt on O'Reilly they can find. The truth will be somewhere in the middle.

Should make for interesting reading, in any event.


5 posted on 10/16/2004 1:15:20 AM PDT by conservative in nyc
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To: kattracks

This has a very strong odor of blackmail to it. If she was so harassed, why'd she leave CNN to return to O'Reilly, when the "harrassment" had been going on since 2002? Why didn't she hang up on him, when he was becoming sexually graphic? It's looking like entrapment, like maybe she led him into becoming sexual in their conversations on purpose, in order to extort millions of dollars, later. I've heard transcripts of O'Reilly speaking on the tapes, but none of the "victim" speaking back, in any context. Why not? If these conversations made her so uncomfortable, we should be able to hear her voice, telling him so.


6 posted on 10/16/2004 1:15:30 AM PDT by jim35 (Jimmy Carter- the first anti-American POTUS. Don't let Kerry become the second.)
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To: kattracks
Well orielly said on his radio show yesterday that he could never run for political office..... only people like bjclinton could escape media scrutiny.
7 posted on 10/16/2004 1:15:52 AM PDT by Just mythoughts
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To: kattracks
I don't see how they can work together under these circumstances. All Fox can do if they must keep her around is to give her other duties or send her home and still pay her. Her continued employment at Fox amounts to a furtherance of the extortion, but she will probably get away with it.

She had better have tapes or other iron clad proof because she will be completely radioactive otherwise. Who would want her around?

8 posted on 10/16/2004 1:15:59 AM PDT by Anti-Bubba182
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To: kattracks

"Have you ever heard of anyone suing their own employee? Can you believe that?"

Happens all the time, the producer or soon to be ex-producer must not be much of a lawyer if this is news to them?

Disclaimer: I have no opinion nor do I care if any of what either party says in either law suit is true or not.


9 posted on 10/16/2004 1:16:13 AM PDT by JLS
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To: GeronL
I would like to see Hugh Hewitt replace O'Reilly.

If O'Reilly is guilty of the charges he faces, he will make Jayson Blair look like a victim of circumstances

10 posted on 10/16/2004 1:18:19 AM PDT by MJY1288
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To: kattracks
"They're threatening me. They're frightening me," Mackris said. "Yes, I'm rattled, but I'm really strong."

She's a flake and probably doing CNN's dirty work. She gets served with papers and that frightens her. Puulllllease!

11 posted on 10/16/2004 1:19:12 AM PDT by Moonman62 (Federal Creed: If it moves tax it. If it keeps moving regulate it. If it stops moving subsidize it.)
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To: kattracks

I am not sure if I believe that article from th eNew York Daily


12 posted on 10/16/2004 1:19:41 AM PDT by Kaslin (Stick a fork in Kerry, he is done)
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To: JLS

I was thinking the EXACT same thing.

Sound to me like Mr. Lawyer is bloviating.


13 posted on 10/16/2004 1:23:31 AM PDT by mn-bush-man
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To: kattracks

and his "amazing" endowment . .<<<
So THAT'S the factor!
Storm-tossed . . .
And then . .
The murmur of the CNN.


14 posted on 10/16/2004 1:27:15 AM PDT by alcuin (getridofthateffinlooselipssinkshipsgesture)
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To: kattracks

Okay - here's my take:

She's a plant. CNN offered her tons of stuff to take O'Reilly down.

I'm not saying Bil didn't or couldn't have made some smarmy comments to her (he's arrogant enough) .. but there's something I've noticed about him and that is .. Bill seems to get very flustered (turns red) or almost embarrassed if the conversation gets too personal. I have my doubts that a person who acts that way is a "phone sex" kind of person. I could be wrong, but I don't think so.

O'Reilly is FOX's #1 program - he's a prime target. The MSM would love to take him down - to make up for their sagging ratings (of course they don't hold themselves accountable for their ratings - it's all FOX's fault).

This gal was a perfect stooge. Evidently somebody at CNN was getting an earful about O'Reilly (whether she was making it up or not - I don't know) .. and then after she's at CNN for a short time .. she decides she wants to go back to FOX - AND WORK FOR THE SAME GUY WHO HAS SUPPOSEDLY BEEN MAKING THE SMARMY COMMENTS - I DON'T THINK SO.

This whole thing stinks of a set-up!!

And .. maybe now O'Reilly will have a little more compassion upon Rush Limbaugh!!


15 posted on 10/16/2004 1:30:32 AM PDT by CyberAnt (Election 2004: This election is for the SOUL OF AMERICA)
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To: kattracks
Mackris sued O'Reilly and Fox News on Wednesday, saying her boss had made "disgusting" phone calls to her. O'Reilly sued Mackris the same day, alleging extortion.

I wonder if she at ANY time told him to stop calling her??????

If not, then that cant really be HARASSMENT, can it? Rather most likely, extorsion?

16 posted on 10/16/2004 1:31:47 AM PDT by stuck_in_new_orleans
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To: CyberAnt

CyberAnt - me thinks you've got it pegged.

As for this:

"I don't have a doorman. He had somehow got into my building and he was hiding behind my stairwell. He said, 'Oh, you're her.' He hit me in the chest with the papers and said, 'You're served.'"

Welcome to the real world sweetheart. As a favor, and honestly, a couple of times just for giggles, I have been a 'process server.' There is a reason they are neccessary, its because they are needed.


17 posted on 10/16/2004 1:37:31 AM PDT by Khurkris (Marriage makes beer taste better.)
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To: kattracks

It's not retaliation, it's ratings.


18 posted on 10/16/2004 1:39:32 AM PDT by etcetera (All men are endowed by their Creator with the inalienable right to shoot back.)
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To: CyberAnt
she decides she wants to go back to FOX - AND WORK FOR THE SAME GUY WHO HAS SUPPOSEDLY BEEN MAKING THE SMARMY COMMENTS

this is the part that doesn't make sense to me either, unless...

there had been mutual sexual bantering, or at least no offense was taken by the "victim" at the time. Then she decides to go to work for CNN, mentions in passing what had taken place with O'Reilly and a plot is hatched.

She can ask for her old job back,pick up where they left off (perhaps with a little encouragement?) and get the goods on O'Reilly. CNN would be very appreciative if she could pull this off.

19 posted on 10/16/2004 1:39:39 AM PDT by kattracks
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To: jim35
Whoa! Are you saying she taped him?? I didn`t know that. Holy smoke, if that`s true he`s mince meat. I read the complaint on thesmokinggun.com and it says he was doing you know what to himself over the phone...Oh maaaaaaaan, if that gets out, forget it, his career is over. He`ll go the way of Marv Albert.

This is weird though, because on Freep only last week I was talking to someone about how lawsuits are so out of control in this country, that if you have money it`s only a matter of time before you get sued and here is just one more example, although I`m sure O'Reilly has been sued before.. I don`t think there is one famous/rich person in this country who hasn`t been sued.

20 posted on 10/16/2004 1:41:50 AM PDT by Imaverygooddriver (I`m a very good driver and I approve this message.)
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