WWW- Nick Nolte’s attorneys wanted to keep evidence out of a rape victim’s premises liability case that would cause the actor unwarranted “annoyance and embarrassment.” Instead, they may have only succeeded in annoying him by inadvertently disclosing that his son Brawley is a co-defendant.
The Jane Doe plaintiff was raped by another guest during a party at Nolte’s Malibu estate in January 2003. In her complaint, she claimed a defendant identified only as Roe One “aided and abetted … in the planning and perpetration” of acts of sexual misconduct, in part by plying her with drugs and alcohol.
Citing their concern for shielding Nolte from embarrassment, the defense recently moved for a protective order that would bar the plaintiff from inquiring about any illegal conduct on the part of Nolte or Roe One.
But the motion and a deposition transcript disclose that Roe One is none other than Brawley Nolte, now 19. The defense has said the disclosure was in error.
“[C]ounsel for defendant Roe One has seen fit to identify Roe One by name,” which the plaintiff considers “a complete waiver of any confidentiality rights he may have had in this matter,” plaintiff’s counsel Philip R. Dunn said in his opposition to the motion.
Worse still for the older Nolte, a Los Angeles County Superior Court judge denied the motion, saying evidence that he allowed minors, including his son, to “drink, do drugs, or commit sexual acts on the premises is highly relevant.”
Although Nolte was not present at his home when the plaintiff was raped, she alleges he created a “dangerous condition” on the property “wherein minors regularly used alcohol and drugs.”
Court documents also reveal that
* There is evidence that the victim was videotaped performing a sex act in Roe One’s bedroom before the rape and he later “showed the videotape to a number of his friends at Malibu High School.”
* A minor who was deposed in May testified that Nolte was “providing a place where if kids were going to [party] … it would be on the property and people were not allowed to drive afterwards. It’s just like kind of a service.”