NEW ORLEANS (WVUE) - A municipal court judge delivered a setback to a local lawyer caught on video making apparent sexual advances towards a cab driver.
In denying Jennifer Gaubert a new trial on a battery charge Friday, Judge Paul Sens said the video speaks for itself.
Gaubert's attorney based her appeal on a contention that cab driver Hervey Farrell lied on the witness stand about the sex not being consensual.
It is a case that made national headlines based on a two year old video, taken on April 4, 2013. It shows Gaubert apparently making advances towards Farrell in an incident which occurred on a cab ride to her Lakeview home after a Friday afternoon spent drinking at Galatoire's.
Gaubert sat quietly through the twenty minute hearing, as her attorney Julie Tizzard tried to get the new trial.
Tizzard argued that surprise witnesses in the criminal court trial proved that Farrell lied on the stand. Those witnesses testified that they saw Gaubert and Farrell engaged in a sex act while the cab was parked in an alley. Gaubert's attorney said Farrell denied they had consensual sex on the stand and he denied driving in an alleyway.
But city attorney Robert Drouant argued that a case cannot be overturned based on testimony from 'credibility witnesses,' and the judge ruled in his favor.
Gaubert herself spoke publicly about the case for the first time Friday outside municipal court.
"There's no winners or losers in the criminal or civil system, there's just plaintiffs and defendants, and I'm just hoping that the truth reveals itself," she said.
Her attorney, Tizzard, is planning an appeal.
"I think the relevant thing is that Mr. Farrell says he never gave consent to touch him, and never went down the alleyway, and these two new witnesses show that he was completely lying about that," Tizzard said.
Gaubert's defense team is also considering an appeal of her separate conviction earlier this year in criminal court on criminal mischief charges. And the cab driver has also brought a civil lawsuit against Gaubert in federal court.
The litigation still has a long way to go. Farrell's attorney says he is pleased with Sens' ruling, not granting a new trial.