The Kevin White sex trial: Day 1, aide testifies the Hillsorough commissioner fondled her numerous times

August 18, 2009 at 7:11 am by George Niemann

By George Niemann
PoHo contributor and R-LAND and UCAN activist

(This is installment one, which coincides with day one of the trial. I plan to provide day-to-day coverage of this trial in installments until the day that it goes into the hands of the jurors for deliberation, which is expected to be Friday.)

The civil trial in Ogden v. White began Monday in US District Court-Middle Trial District of Florida-Tampa Division. Judge Richard Lazarra is presiding. Alyssa Ogden is accusing Hillsborough County Commissioner Kevin White of firing her for not agreeing to have a “relationship” with him, thereby creating what she is calling sexual harassment.

White has two lawyers representing him and Hillsborough County has two lawyers representing the county’s interest in defending the case.

Alyssa Ogden, had one lawyer, Ronald Fraley, presenting her case.

The courtroom was large but with a small viewing gallery. The viewing gallery was filled with members of the press on one side and what appeared to be supporters/family of White on the other side, including White’s wife, Jenny.

It took the morning to pick the jurors. Six women and two men are on this jury. It might be that the preponderance of women may give the plaintiff the edge as far as favorable jurors go.

In the afternoon the case began. In his opening statement, Alyssa’s attorney told the jury that his client was so distraught over what happened that she was traumatized and had to seek help from a psychologist to cope with it. The cost of therapy so far is $15,300. The anticipated damages being sought so far is $100,000. He said he would prove that she was hired for one reason — that the commissioner had more interest in her than her ability to answer phones and maintain a schedule.

White’s primary attorney, Steven Wenzel, began his opening statement with the words, “It didn’t happen.” He said he was going to prove that Ogden couldn’t do the job and after she got fired decided to make a sexual harassment case out of it. According to Mr. Wenzel the motivation for this case was money. In an attempt to question her credibility, he says that she had the opportunity but never told County Administrator Bean or County Attorney Renee Lee or Commissioner Rose Ferlita (all strong women that might be supportive of a harassed female employee) of her ordeal.

Then came Ogden’s testimony, which was sizzling.

Some interesting background about Ms. Ogden:
• She was born in 1984 and grew up in Key West.
• As a young girl, she was a cheerleader.
• Her parents were divorced in 1996. Following an injury that left him immobile her father became addicted to pain killers. He committed suicide in 1998
• She has worked on and off for 3 years as a nanny for a Tampa family with an oil business. As a nanny she has traveled with that family to Europe, among other places.

Here are some tidbits from her testimony:
• There were numerous incidents where White fondled her and/or came on to her
• Before hiring her, White told her to meet him at an Outback Restaurant for an interview. She didn’t bring a resume but I guess she didn’t need one. She claims that White told her he was supposed to interview two more people but decided to hire her, and “go with his gut.” He brought her back to county center the same day to meet Cedric McCray, White’s other aide.
• She only asked for $32K as a starting salary, but the salary ended up being $43K.
• She started work on April 2, 2007 but only filled out an application on April 10, 2007.
• Throughout her employ he continued to ask sexual questions of her — such as, what cup size was she; was she a “B” or a “C”? He made numerous comments about her body and made it clear, in her mind, that he was attracted to her.
• He put a chair next to her desk in the office so he could sit next to her as she tried to work. On one occasion when she went to the copy machine and when she returned he was sitting next to her desk. As she approached the desk he grabbed her by the hips and asked her to kiss him and to give him a chance.
• He asked to kiss her on numerous occasions. Each time she refused he would ask her to just give him a chance.
• She said she was afraid to go to lunch with him so she began including her sister, Crystal, to lunches that she had with White. She says White came on to her sister also. He asked her to turn around to give him a good look at her body (he wanted to get a better look at the pants she was wearing). He commented to her sister that her cup size must be at least a “C” or a “D.” He also asked Crystal if she would work for him.
• He made numerous sexual remarks at functions they attended outside the office. Incidents occurred at the Bamboo Club, Jackson’s on Harbor Island, at a Bucs game, at a Lightning game, and at Miguel’s Mexican Restaurant.
• The second week she was working for him he asked her to go to Atlanta on a “business trip” with him. He said she couldn’t tell anybody about it, but that it was important for her career that she go. He told her not to worry about the expense, it would be taken care of.
• The night they got to Atlanta he asked to sleep in her bed. He said the hotel was booked and he couldn’t get a room. She ended up letting him sleep in the room in a separate bed. He had showered in her room and when he came out she pretended to be asleep. He woke her and she refused his advances. She says she didn’t sleep at all that night although he slept across from her.
• She said White’s father asked her to give him a chance. He said that his son was in love with her.
• She also said that Jarvis Glover, a county employee that chauffeurs Pat Bean around all of the time, had told her that White was in love with her..
• White took her to Outback to give her the first work review. He told her that she had great potential but she had to work with him. After she said she wouldn’t have a relationship with him, he told her that he could be a dick and fire her if he had to.
• At a restaurant visited after a public hearing, he told her that he hired with no experience because he thought she’d work with him. And if she didn’t give him a chance, she’d end up regretting it.
• On another occasion at Miguel’s restaurant he told her that there were hundreds of women that would do anything to get the chance to have her job. He told her he would have to find a woman that would work with him.
• Following the firing she began taking sleeping pills and Nyquil. She began having thoughts of suicide.

White’s attorney Steve Wenzel began his cross-examination of Ogden late in the day.

More to come in the next installment, as the trial progresses.

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