The alleged slap between Marc Cherry and Nicollette Sheridan has been thrown out of the case by a judge in the high profile Desperate Housewives trial.
The judge threw out the battery charge citing a “lack of evidence” -a surprising move given Cherry himself had acknowledged an action did take place. The move means the show’s creator is no longer a defendant in the case.
Cherry said “Obviously I am thrilled by the judge’s decision, but I am going to withhold all comment until the case is resolved.”
In December Sheridan was also forced to drop allegations of physical and emotional abuse.
Sheridan’s lawyer Mark Baute said outside the courtroom that the dismissal is not a big deal for the actress’ case against ABC Studios and ABC. He said the action allows Sheridan to go to the heart of the matter — the wrongful termination claim. “You hit me, and I complained,” Baute said, “and you fired me because of it.”
Meanwhile Michael Reinhart, a construction coordinator for the show’s set, became a surprise witness on behalf of actress Sheridan and recounted that he was inadvertently copied on an email that indicated ABC planned to delete references to the killing off Sheridan’s ‘Edie Britt’ character. He says that email came after Sheridan filed her initial lawsuit against against Cherry, ABC Studios and ABC.
ABC’s VP Litigation Jean Zoeller said on the stand that she would “absolutely not” tell anyone to delete or erase any correspondence or documents related to Nicollette Sheridan being fired.
Reinhart said he deleted the email immediately and court officials are examining the hard drive.