Kesha and Luke were both defendants in a 2011 civil suit filed by another of the pop star’s ex-managers.
Among the allegations, the former manager claimed that Kesha and Luke had sex. The issue was explored in-depth in a legally-binding deposition, which is basically pre-trial testimony.
Kesha denied having sex with Luke and even testified that he never gave her a date rape drug.
While a deposition doesn’t carry quite as much weight as actual testimony at trial, the information can be used to “impeach” a witness by calling into question their veracity.
Despite her previous testimony, Kesha made exactly the same allegations against Luke in her latest lawsuit which IM reported on Oct. 14.
The deposition in the previous case had been sealed, until Luke’s lawyer Christine Lepera, filed a motion to unseal that was granted by a judge. The lawyer promptly leaked it to gossip site TMZ.
Kesha’s celebrity lawyer Mark Geragos called the maneuver “a pathetic attempt to once again blame the victim,” according to the gossip site.
“Luke walked Kesha down the beach and threatened to destroy Kesha’s life and the lives of her family if she didn’t cover up his sexual assaults,” he added.
But this is no cheap trick, although Kesha may be able to exploit a loophole.
A deposition taken in an earlier action may be used in a later action, according to Rule 32 (8) of the Federal Rules of Civil Procedure.
But it must be “involving the same subject matter between the same parties, or their representatives or successors in interest, to the same extent as if taken in the latter action,” according to the Legal Information Institute at Cornell Law School.
That means Geragos may be able to block admission of the deposition as evidence because Luke was not on the opposing side in the previous case.
But if he fails, Kesha’s case may come down to her word against… her word.
For the latest developments in the case, follow IM on Twitter.