Nikos Hecht motion: Sex suit aims for bad publicity
Aspen developer Nikos Hecht, the target of two civil complaints accusing him of sexual assault, filed a court motion Monday that intends to dismiss one of the cases because it is “littered with immaterial, impertinent and scandalous allegations.”
Tuesday’s filing in Denver federal court was Hecht’s first formal response to a Florida woman’s lawsuit that accuses him of raping her at a resort in Mexico in March 2015.
The woman filed the suit March 10. And on March 23, in the same court, Hecht’s ex-girlfriend sued him for allegedly physically and mentally abusing her, among other claims. Hecht has not entered a formal response to that suit.
This week’s motion, meanwhile, which was filed by Denver attorneys Michael Plachy and Douglas Tumminello, asks the court to strike the March 10 lawsuit on the basis that much of its narrative is not germane to the suit while “highly prejudicial” to Hecht. Refiling the suit, however, is addressed as a possible option, so long as it is a “short and plain statement,” the motion says.
The current suit’s claims are “so vague and ambiguous that (Hecht) cannot reasonably prepare a response,” the motion says, adding the “allegations are a thinly veiled attempt by Plaintiff to create negative publicity for (Hecht), a prominent Aspen resident, in the media.”
Aspen’s two daily newspapers reported about the lawsuit at the time of its filing. Among the woman’s claims is that Hecht raped her at a family get-together at an organic farm.
The rape allegedly happened while Hecht’s children, his then-wife, his father and another Aspen family were among the 21 people at a dinner gathering at the farm, which has a restaurant.
When the party broke up, Hecht invited the woman, who was 66 years old at the time, to take a stroll with him to the gardens, the lawsuit alleges.
“Hecht helped Ms. Dailey, a woman more than 20 years his senior, up the path into the gardens,” the suit says. “Once they were out of the group’s line of sight, he suddenly grabbed the back of Ms. Dailey’s neck with one hand, pulling her forcefully to him,” and then raped her, the suit says. She later found out that her nephew and friend witnessed “at least part of the horrific incident,” the suit says.
The lawsuit also brings up Hecht’s case in Aspen in which he was criminally charged in August for domestic violence against his then girlfriend, the same woman who sued him March 23. Hecht pleaded guilty Feb. 24 to misdemeanor harassment in the Aspen criminal case, which was adjudicated in Pitkin County Court. A judge sentenced him to two years’ probation.
Hecht’s motion says that incident is not relevant to the allegations in the Mexico case.
The motion also says that the suit mixes Mexican law with American law, rendering the woman’s claims “vague and ambiguous.”
David Bovino, the Aspen attorney who filed both suits, declined comment Tuesday.
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