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Virg Bernero doesn't want audio recording used as evidence in sexual harassment case

Virg Bernero
Posted at 8:19 PM, Sep 21, 2021
and last updated 2021-09-21 20:19:06-04

LANSING, Mich. — Former Lansing Mayor Virg Bernero is trying to keep an audio recording of a phone call with Councilwoman Kathie Dunbar from being used against him in a sexual harassment lawsuit filed by his former intern Liz Hart.

In the documents, Hart's attorney claims that, in the recording, Bernero said there was "no question" he had been quote "inappropriate" with Hart and then wondering if Hart had "enjoyed it," that he amitted to "owing an apology" to the women he's "hurt" and admitted that Hart was forced to "put up" with and "endure" his inappropriate conduct.

Hart filed suit against Bernero in June saying he sexually harassed her verbally and physically in 2013 and 2014 while she was an intern for his campaign.

Bernero's attorneys argue that the audio recording in question was "obtained illegally." The documents show it was recorded by political consultant, Emily Dievendorf while Bernero was on the phone with Dunbar.

The defense says Dievendorf recorded the conversation "without consent of all parties involved." Under Michigan law, participants in a conversation are free to record it but third parties must obtain permission.

Both Bernero's attorney and Hart's attorney declined to speak on the matter.

There is a scheduled Zoom conference to decide whether to admit the recording set for Oct. 21.

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