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Marw Albert Trial: 1997

Surprise Witness



Up to this point, Perhach's accusations about Albert's sexual habits had remained uncorroborated. Now, out of the blue, the prosecution produced Patricia Masten, a liaison worker with Hyatt Hotels, who testified that twice she had to fend off Albert's unwanted advances—first in 1993 and again the following year when he had attempted to bite her and force her to engage in oral sex. On the second occasion, she said, Albert had emerged from his hotel bathroom wearing panties and a garter belt. In the struggle to evade his clutches, she accidentally dislodged his toupee. After fleeing Albert's room, Masten had reported the incident immediately to her supervisor.



Roy Black tried to have Masten's testimony suppressed; however, Judge Benjamin Kendrick felt it proved a pattern of behavior on the part of Albert and therefore allowed it to be introduced as evidence.

This decision abruptly changed the course of the trial. By the next day, September 25, a plea bargain had been worked out: Albert agreed to plead guilty to misdemeanor assault and battery, while the felony charge of forcible sodomy would be dropped. Just hours later, NBC fired him.

Sentencing was set for October 24, at which time Albert was given a 12-month suspended sentence and ordered to undergo counseling. A little more than two years later, on December 15, 1999, NBC announced it had rehired Albert.

By modern standards this was a very brief trial, but in terms of rollercoaster emotions and switchback courtroom strategy, it packed more surprises into three days than most trials manage in several months.

Colin Evans

Suggestions for Further Reading

New York Daily News: September 23, 1997, 1; September 24, 1997, 1; September 25, 1997. 1; September 26, 1997. 1.

www.CourtTv.com/verdicts.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1995 to PresentMarw Albert Trial: 1997 - The Tape, Surprise Witness