Lawyer: Letterman Suspect Just Shopping Screenplay

Robert "Joe" Halderman, exits Manhattan criminal court, Tuesday, Nov. 10, 2009, in New York....

Robert "Joe" Halderman, exits Manhattan criminal court, Tuesday, Nov. 10, 2009, in New York. Halderman, who was charged with attempted grand larceny in the first degree for trying to extort $2 million from talk show host David Letterman, is trying to get a dismissal. ( AP Photo/ Louis Lanzano)

(AP)

David Letterman was on the receiving end of a sales pitch, not a shakedown, a defense lawyer said Tuesday as he argued that a TV producer accused of extorting the comic was simply peddling a screenplay.

Robert J. "Joe" Halderman's lawyer asked a judge to toss the attempted first-degree grand larceny case, which spurred Letterman to acknowledge his office dalliances in a startling on-air monologue last month. Attorney Gerald Shargel said the $2 million exchange was business, not blackmail.

"This was a commercial transaction. Nothing more," he said.

The first outlines of Halderman's defense spotlighted Letterman's behavior, drawing a sharp response from the "Late Show" host's camp. A lawyer for Letterman said the comic was prepared to testify if the case went to trial.

"It's classic blackmail, no matter how Mr. Halderman's lawyer wants to dress it up," Letterman attorney Daniel J. Horwitz said outside court.

In papers filed Tuesday, Shargel argued that the indictment against Halderman should be dismissed because his conduct wasn't a crime, among other claims. Assistant District Attorney Judy Salwen said she was confident a judge would find the indictment was on solid legal ground.

State Supreme Court Justice Charles Solomon is expected to rule in January.

Halderman acknowledges giving Letterman's driver a package on Sept. 9 that included the supposed screenplay "treatment" — or synopsis — and some "source material."

Authorities say the materials included a letter saying Halderman needed to make "a large chunk of money" and a claim that the screenplay would depict how Letterman's world would "collapse around him" when information about his private life was disclosed. Photos, personal correspondence and portions of a diary also were enclosed, authorities said.

The diary entries were allegedly written by Halderman's former girlfriend and outlined her affair with Letterman.