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Ex-Nanny's Lawsuit Against Rob Lowe: A Shakedown?

This is a rush transcript from "On the Record ," April 16, 2008. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, HOST: Actor Rob Lowe the victim of a shakedown? He says "yes." And who is shaking him down? His family's ex-nanny. Rob Lowe says she is falsely accusing him of sexual assault and other stuff.

But the ex-nanny is fighting back, says her accusations are all true, and she is pulling out a very secret weapon--Gloria Allred. Lawyer Gloria Allred is back with us, and she is representing Rob Lowe's former nanny.

Welcome, Gloria, and, I tell you, you pull out all the stops. Who is your client?

GLORIA ALLRED, ATTORNEY: My client is Jessica Gibson. She was the nanny for Rob Lowe and his wife, for seven years on and off, from the time their two little boys were in preschool.

And she alleges in a cross complaint that we filed that she was sexually harassed, that she was sexually battered, sexually assaulted, and then retaliated against because she protested the sexual harassment.

VAN SUSTEREN: Gloria, I think you are a great lawyer, and I think you're the secret weapon, but I think you've got big trouble, and I will tell you why. I have copies of two emails, one from your client to Rob Lowe and his wife. It says:

"It was just time for my heart to let go. It's not fair to you and the boys. I have nothing but love and respect for your family."

Then she sends another e-mail--"It had nothing to do with you or Rob either," and this is about her leaving her job.

So we have two emails that I do not care how good of a lawyer you are, Gloria, you have problems.

ALLRED: I do not think so, Greta. And wait for the result, because, I will tell you, that those emails can be explained, and they will be explained. But she was trying to appease them at the end.

She quit, I might add, three times, and the first two times, by the way--

VAN SUSTEREN: And she went back. And she had jobs. It was not like she was desperate. She went back when she had other jobs, left those other jobs and went back. This looks like a shakedown, Gloria.

ALLRED: Excuse me, let me tell you why. She went back and she loved the children, because she hoped that things would get better, and also because she needed the job. Those were the first two times--

VAN SUSTEREN: She did not need the job. She had a job at a doctor's office after she left one time, and after the second time she had a job with a family named the Stones. So she had other jobs.

ALLRED: Greta--by the way, they never fired her. So if her character is such an issue for them, why did they trust their two children for seven years to this nanny? They believed she was honest.

VAN SUSTEREN: They believed she was honest, and as soon as she leaves the job, she sends two emails saying you two guys are the greatest people, it had nothing to do with you. And then she says I will settle for $1.5 million, but let's keep it quiet because I don't want anybody to know about it.

Rob Lowe got upset and preemptively came out and slammed her with a lawsuit, and then she ran out and got you. You are her second lawyer, a last ditch effort. Good choice. You are a great lawyer, but you have an uphill battle on this one.

ALLRED: No, I do not.

And I will tell you something--a lot of women, and I will give you an example--battered women, for example, they try to appease their abuser so their abuser does not come after them even after they leave. They tried to take things down so the person will not try to become angry.

And do you know what happens when someone becomes angry? Look what happened when Rob Lowe and his wife became angry when she protested the sexual harassment through her lawyer, presenting them with a lawsuit, showing what they were going to file. They came after her, trashed her on television, and filed a lawsuit against her.

VAN SUSTEREN: And she came out and wanted $1.5 million, and we will do it real quietly, and I will not, basically, go public and say all these things about you.

Gloria, we have to take a break. I took the last word on that, but you're going to stick around.

Actually, we will not take a break. We will just bring in criminal defense attorney Michael Cardoza in San Francisco, and, in Michigan, defense attorney Geoff Fieger.

Geoff--famous people, they have nice, big, fat targets on their back, don't they?

GEOFF FIEGER, DEFENSE ATTORNEY: Yes. And I love Gloria, but you're absolutely right, Greta. Quoting Kenny Rogers, you have to know when to hold them and know when to fold them.

A woman who claims to be sexually abused, who doesn't go to police, who comes back three times, and writes those emails, when credibility is an issue, and she has no physical proof whatsoever, she will never win in court. A jury will reject her--if she gets to the jury, a jury will reject that claim, period, the end.

VAN SUSTEREN: Michael, Gloria looks at it differently via I think she is lucky she has got Gloria. Gloria is a great lawyer, but she can't make a silk purse out of a sow's ear, necessarily. But, anyway, what does a celebrity do when you get a sexual assault allegation? Those are tough ones to take publicly.

MICHAEL CARDOZA, CRIMINAL DEFENSE ATTORNEY: Well, you do one of two things. You have to make a very tough decision. Number one--did you or didn't you do it. Certainly, if you did it, you are going to settle. That is number one--or at least you should settle.

Number two is if you have not done it, do you take it head on. I know there are some people saying look, I do not want you saying those things. They are lies, but I will give you some money.

That's why this thing smacks a little bit of a shakedown. Just give me a million-and-a-half dollars? Come on. I am dying to see Gloria in trial on this one, because if you win this one, Gloria, you are great.

There is no way you are going to win this one in front of a jury. She works, she leaves, she comes back, and she is saying the entire time that she is sexually molested? No, it does not happen that way. And she doesn't go to the police, like Geoff said? A tough row to hoe--you are not going to win this trial.

VAN SUSTEREN: Gloria, I do want to give you the last 20 seconds, because we have hit you pretty hard. She is gone. We lost Gloria. That is one way to really beat her is cutting her audio and her video.

Anyway, panel, as always, thank you. Thank you very much.

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