April 6, 2026

DOCTOR ON THE STAND: KONIG TESTIFIES, SON DROPS BOMBSHELL, JUDGE GUTS LIVELY LAWSUIT

DOCTOR ON THE STAND: KONIG TESTIFIES, SON DROPS BOMBSHELL, JUDGE GUTS LIVELY LAWSUIT
Gerhardt Konig faces cross-examination as his own son tells jurors he confessed — and Blake Lively's case just got a lot smaller.

It has been a brutal week for Gerhardt Konig in a Honolulu courtroom. His son took the stand and told jurors that his own father called him twice to confess — then said he planned to jump off the cliff before police could catch him. A digital forensics detective walked the jury through Christmas Eve Reddit spirals, late-night searches for deadly hiking trails, and a Dropbox folder labeled 'Divorce.' Then Konig himself took the stand, and the prosecutor tore through his story one question at a time. Plus: a federal judge just threw out ten of Blake Lively's thirteen claims against Justin Baldoni. What's left, and what it means for the trial that's still on.

Join our new FB groups page here. Take the poll!

Join the Daily Crime & Justice community on social media! We're building a passionate group of true crime enthusiasts who love diving deep into the most shocking cases in America.
Follow us on Facebook and Instagram by searching "Daily Crime & Justice" on either platform.


You'll get exclusive behind-the-scenes content, breaking news updates on cases we're covering, and early alerts when new episodes drop. Our social media is where Garret Fisher's hottest takes live, including reactions that don't make it into the show.

But more importantly, it's where YOU come in. Share your theories, debate the verdicts, and connect with fellow listeners who are just as obsessed with justice as you are. Did the jury get it right? What questions do you still have? Your comments and insights often shape future episodes.


We cover the trials that matter, but our community makes the conversation unforgettable. Come for Garret's signature cynical commentary, stay for the incredible discussions with thousands of true crime fans who get it.
WEBVTT

1
00:00:03.200 --> 00:00:13.119
Kalaroga Shark Media. Good morning. I'm Garrett Fisher. Monday, April sixth,

2
00:00:13.119 --> 00:00:16.039
twenty twenty six. We've been living inside the Konig trial

3
00:00:16.079 --> 00:00:18.679
for two weeks now. If you've been with us, you

4
00:00:18.760 --> 00:00:22.399
know the shape of this thing. An anesthesiologist his wife,

5
00:00:22.760 --> 00:00:25.320
a birthday hike on a Hawaiian cliff side a rock,

6
00:00:25.519 --> 00:00:28.480
two nurses who ran towards screaming they heard from a trail,

7
00:00:28.920 --> 00:00:31.359
and a man who fled to Maui with blood on

8
00:00:31.440 --> 00:00:35.640
his shirt. Last week, the case shifted after five days

9
00:00:35.640 --> 00:00:41.880
of prosecution witnesses, crime scene evidence, DNA, bodycam footage, Ariel's

10
00:00:41.920 --> 00:00:44.399
testimony from the stand. On the one year anniversary of

11
00:00:44.439 --> 00:00:48.439
the attack, the state called a digital forensics detective who

12
00:00:48.479 --> 00:00:51.880
walked the jury through what Gerhart Koenick was doing alone

13
00:00:51.960 --> 00:00:55.240
on his computer in the dark on Christmas Eve, and

14
00:00:55.320 --> 00:00:59.240
then on Christmas morning, and then over the following weeks,

15
00:00:59.600 --> 00:01:02.679
and then in early March, three weeks before the hike,

16
00:01:02.960 --> 00:01:06.840
when he started searching for trails with cliffs. Then his

17
00:01:07.000 --> 00:01:11.480
son took the stan, his own son, and then Gerhart

18
00:01:11.560 --> 00:01:14.680
Koenig himself took the stan, looked at the jury and

19
00:01:14.760 --> 00:01:19.120
told them he never meant to hurt anyone. Also, this week,

20
00:01:19.439 --> 00:01:22.079
a federal judge in New York handed down a ruling

21
00:01:22.200 --> 00:01:26.799
in the Blake Lively versus Justin Baldoni case that dramatically

22
00:01:26.959 --> 00:01:30.920
changed the shape of that trial. Ten of her thirteen

23
00:01:31.000 --> 00:01:35.159
claims gone. The trial is still on for May. But

24
00:01:35.319 --> 00:01:38.200
what Lively is walking in with now looks very different

25
00:01:38.280 --> 00:01:45.640
from what she filed. Let's get into it. We've given

26
00:01:45.680 --> 00:01:48.560
you the full foundation of this trial, day one through

27
00:01:48.680 --> 00:01:51.359
day five. If you need to catch up, that's five

28
00:01:51.439 --> 00:01:54.920
separate episodes in the archive. Go find them. They're worth

29
00:01:54.959 --> 00:01:57.000
your time. What I want to do today is walk

30
00:01:57.040 --> 00:01:59.519
you through the three days that just closed out last week,

31
00:01:59.640 --> 00:02:04.280
because taken together, day six, seven, and eight are something else.

32
00:02:05.000 --> 00:02:07.519
They are the kind of sequence that either makes or

33
00:02:07.680 --> 00:02:10.840
breaks a case. And depending on which side of that

34
00:02:10.919 --> 00:02:13.919
chair you're sitting on in that courtroom, the week could

35
00:02:13.960 --> 00:02:18.520
not have gone more differently. Let's start with day six, Tuesday,

36
00:02:18.639 --> 00:02:22.520
March thirty. First, the prosecution called Detective Thomas Ainuma from

37
00:02:22.520 --> 00:02:26.560
the Honolulu Police Department's Digital Forensics unit. His job was

38
00:02:26.599 --> 00:02:28.680
to walk the jury through what he found on Gerhart

39
00:02:28.759 --> 00:02:33.039
Koenig's phone, his SIM card, and his laptop look. Digital

40
00:02:33.120 --> 00:02:35.759
forensics testimony can put a jury to sleep in about

41
00:02:35.800 --> 00:02:39.680
seven minutes. It is detailed, it is technical, and it

42
00:02:39.719 --> 00:02:43.360
requires patience. But this detective had something to show them

43
00:02:43.400 --> 00:02:48.680
that required no explanation at all. Christmas Eve, December twenty fourth,

44
00:02:48.840 --> 00:02:52.159
twenty twenty four, at four thirty four in the morning,

45
00:02:52.319 --> 00:02:56.319
Gerhart Koenig's laptop was active. He was on Google Chrome

46
00:02:56.639 --> 00:03:01.520
browsing Reddit. The subreddit was called as one after Infidelity,

47
00:03:01.919 --> 00:03:04.560
and the threads he visited at four thirty four am

48
00:03:04.719 --> 00:03:08.159
four thirty seven, four forty nine, four fifty seven were

49
00:03:08.199 --> 00:03:13.319
titled things like lying again, It's over those who have

50
00:03:13.439 --> 00:03:16.560
been betrayed? Did you fall out of I did a

51
00:03:16.639 --> 00:03:22.599
horrible thing? Christmas morning, December twenty fifth, three twenty five am.

52
00:03:22.639 --> 00:03:27.319
Back on Reddit, same subreddit, wives why did you do it?

53
00:03:27.879 --> 00:03:31.240
And a search from relationship advice because by this point

54
00:03:31.280 --> 00:03:34.039
he had migrated from the infidelity form to a broader

55
00:03:34.120 --> 00:03:37.280
search asking how to trust a spouse who cheated and

56
00:03:37.360 --> 00:03:41.240
then didn't tell the whole story? An anesthesiologist Christmas Eve,

57
00:03:41.680 --> 00:03:45.879
Christmas morning, four in the morning, spiraling through Reddit. He had, also,

58
00:03:45.960 --> 00:03:49.439
according to the detective, purchased a voice activated audio recorder

59
00:03:49.479 --> 00:03:52.599
from Walmart, had it delivered to his home. He was

60
00:03:52.680 --> 00:03:57.479
monitoring his wife documenting, logging, and then the detective got

61
00:03:57.520 --> 00:04:01.039
to February. In March February twenty eight, Koenig search for

62
00:04:01.080 --> 00:04:04.439
secret hikes on Maui March third. He searched for the

63
00:04:04.479 --> 00:04:08.960
Polypuca Hikes, specifically a trail, the detective explained, with documented

64
00:04:09.039 --> 00:04:12.199
ratings noting a steep cliff. He reviewed all the trails.

65
00:04:12.400 --> 00:04:15.080
He looked at the ratings, and then the detective told

66
00:04:15.080 --> 00:04:17.680
the jury what specific keyword searches had been run during

67
00:04:17.720 --> 00:04:26.399
the window covered by the search warrant, among them danger, death, fall, kill, die, cliff, hike.

68
00:04:27.120 --> 00:04:31.480
There was also a dropbox folder on the laptop named divorce.

69
00:04:32.240 --> 00:04:34.800
The defense tried on cross to blunt the impact of

70
00:04:34.839 --> 00:04:37.759
all of this. They noted that the search warrant limited

71
00:04:37.839 --> 00:04:41.600
what could be examined. That context matters, that a man

72
00:04:41.680 --> 00:04:46.240
grieving an affair might naturally search those terms. Maybe, but

73
00:04:46.480 --> 00:04:48.759
you don't get to unring that bell for the jury.

74
00:04:49.079 --> 00:04:52.079
They heard it. They saw it Christmas Eve at four

75
00:04:52.120 --> 00:04:54.839
in the morning on a forum for betrayed spouses is

76
00:04:54.920 --> 00:04:58.399
not an accident. Searching for cliffs three weeks before taking

77
00:04:58.399 --> 00:05:01.120
your wife to one is not a coin incidents. That's

78
00:05:01.279 --> 00:05:05.279
not a mistake, that's a choice. After the detective, the

79
00:05:05.319 --> 00:05:09.639
prosecution called the Koenig family. Peter Masked, Ariel's stepfather, testified

80
00:05:09.680 --> 00:05:12.600
about the tension he observed between Ariel and Gerhart in

81
00:05:12.639 --> 00:05:15.759
the months before the attack. He described a party in

82
00:05:15.800 --> 00:05:21.120
late January where Gearhart seemed to be performing normalcy, smiling, engaging,

83
00:05:21.519 --> 00:05:25.800
acting like everything was fine, but it wasn't. Everyone in

84
00:05:25.839 --> 00:05:30.480
that room could feel it. Judith masked, Ariel's mother. She

85
00:05:30.680 --> 00:05:35.279
confirmed the same thing, tension, coldness between them, though she

86
00:05:35.360 --> 00:05:38.360
said in the period just before the trip, things seemed

87
00:05:38.399 --> 00:05:42.040
to be improving, or at least appeared to be. And

88
00:05:42.079 --> 00:05:45.720
then Emil Koenig took the stand. Gerhart Koenig's son from

89
00:05:45.720 --> 00:05:49.079
his first marriage. Emil is the person his father called

90
00:05:49.160 --> 00:05:53.279
after the attack on the trail twice. The prosecution has

91
00:05:53.319 --> 00:05:56.319
been building toward this testimony since day one, when they

92
00:05:56.319 --> 00:06:00.000
told the jury and opening statements that Gerhart Koenig confess

93
00:06:00.199 --> 00:06:05.000
to his son. The defense flatly denied it. Thomas O'taki

94
00:06:05.079 --> 00:06:08.040
told the jury in his opening that there was no confession,

95
00:06:08.800 --> 00:06:11.519
that that call never happened the way the state says

96
00:06:11.560 --> 00:06:15.319
it did. Emil told the jury what happened. First call

97
00:06:15.360 --> 00:06:17.279
came in at ten forty two in the morning on

98
00:06:17.360 --> 00:06:21.120
March twenty fourth, the same day as the attack. Emil

99
00:06:21.160 --> 00:06:23.560
said his father told him he would not be making

100
00:06:23.600 --> 00:06:26.480
it back to Maui. He told Emil to take care

101
00:06:26.519 --> 00:06:29.959
of the younger kids. He said Ariel had been cheating

102
00:06:30.000 --> 00:06:31.800
on him. He said he had tried to kill her

103
00:06:31.879 --> 00:06:34.920
and she had gotten away, and he said he planned

104
00:06:34.920 --> 00:06:38.040
to jump off the cliff before the police could catch him.

105
00:06:38.199 --> 00:06:43.000
Second call, eleven forty six a m a FaceTime, his

106
00:06:43.079 --> 00:06:46.079
father asked Emil if he had told anyone, said again

107
00:06:46.120 --> 00:06:49.199
that he planned to jump. Ended the call with the words,

108
00:06:49.560 --> 00:06:52.720
I'm going to go before the police catch me. Emil

109
00:06:52.759 --> 00:06:55.519
could see blood on his father's shirt. He now lives

110
00:06:55.560 --> 00:06:57.800
with Ariel Koenig and has not spoken to his father

111
00:06:57.920 --> 00:07:01.560
since that day. That's not a dear detail, that's a verdict.

112
00:07:02.079 --> 00:07:04.319
When a man's own adult son is living with the

113
00:07:04.319 --> 00:07:07.360
woman his father tried to kill, something has already been

114
00:07:07.399 --> 00:07:10.920
decided in that family. The prosecution rested its case in

115
00:07:11.000 --> 00:07:18.439
chief day seven Wednesday, April first, April Fool's Day. I'm

116
00:07:18.480 --> 00:07:21.399
not gonna make anything of that. The defense opened with

117
00:07:21.519 --> 00:07:27.839
their expert witness, doctor Jonathan Arden, a forensic pathologist. Doctor

118
00:07:27.959 --> 00:07:31.079
Arden had reviewed Ariel's injuries and was there to challenge

119
00:07:31.120 --> 00:07:34.120
the prosecution's narrative about the severity of what happened on

120
00:07:34.160 --> 00:07:39.120
that trail. His testimony in plain terms, the injuries were real,

121
00:07:39.240 --> 00:07:42.680
but not as severe as the prosecution claimed. He said

122
00:07:42.720 --> 00:07:46.279
the scalp injury appeared severe due to heavy bleeding. Scalp

123
00:07:46.319 --> 00:07:50.639
wounds bleed dramatically even when they're relatively minor, but that

124
00:07:50.759 --> 00:07:54.160
it was soft tissue damage only, no skull fracture, no

125
00:07:54.279 --> 00:07:58.160
brain injury. He estimated the number of impacts at two

126
00:07:58.199 --> 00:08:02.560
to three, not the ten witnesses and Ariel herself described.

127
00:08:03.160 --> 00:08:06.319
He said the injuries were inconsistent with someone being struck

128
00:08:06.360 --> 00:08:09.920
ten times with full force by a rock. The prosecution

129
00:08:10.040 --> 00:08:13.560
on cross made one point very clearly. Doctor Arden is

130
00:08:13.600 --> 00:08:17.079
a paid defense expert who frequently testifies for the defense.

131
00:08:17.600 --> 00:08:21.399
He acknowledged that they also challenged his dismissal of Ariel's

132
00:08:21.399 --> 00:08:24.879
concussion symptoms. He called them self reported and said there

133
00:08:24.959 --> 00:08:28.480
was no independent confirmation. The prosecution wasn't going to let

134
00:08:28.480 --> 00:08:32.240
that stand. A concussion doesn't always show up on imaging.

135
00:08:32.559 --> 00:08:36.279
That is simply how concussions work. Then Gerhard Koenig took

136
00:08:36.279 --> 00:08:38.960
the stand in his own defense. He told the jury

137
00:08:39.000 --> 00:08:42.759
his life story. Grew up in South Africa, moved to

138
00:08:42.799 --> 00:08:46.159
San Diego at fourteen, went to medical school at the

139
00:08:46.279 --> 00:08:52.720
University of Pittsburgh anesthesiology residency, clinical and teaching roles. He

140
00:08:52.919 --> 00:08:56.360
was married before had two children with his first wife,

141
00:08:56.799 --> 00:08:59.879
met Ariel On E. Harmony, got married in twenty eighteen,

142
00:09:00.759 --> 00:09:04.720
had two more children. The family moved to Maui. He

143
00:09:04.840 --> 00:09:08.399
described when he first became suspicious of Ariel, she was

144
00:09:08.480 --> 00:09:12.200
constantly on her phone, hiding the screen from him, acting

145
00:09:12.240 --> 00:09:15.200
defensive when he asked about it. She had taken a

146
00:09:15.200 --> 00:09:17.879
trip to South Africa in twenty twenty four for work,

147
00:09:18.240 --> 00:09:23.200
and her communication during that trip was unusually sparse. He said,

148
00:09:23.240 --> 00:09:25.960
something felt wrong. He unlocked her phone while she was

149
00:09:26.000 --> 00:09:29.480
sleeping and found the WhatsApp thread with Jeff Miller. He

150
00:09:29.519 --> 00:09:33.559
read through it. He documented which messages she was deleting.

151
00:09:33.840 --> 00:09:37.360
He described confronting her. He described calling her a lying

152
00:09:37.480 --> 00:09:40.240
bitch and a whore, though he testified it wasn't in

153
00:09:40.279 --> 00:09:44.159
the first confrontation. It came later. He told the jury

154
00:09:44.200 --> 00:09:47.200
that after she admitted to the affair and expressed remorse,

155
00:09:47.519 --> 00:09:50.240
they decided to try to work on the marriage. He

156
00:09:50.279 --> 00:09:52.879
said he felt hopeful. He said he bought the recording

157
00:09:52.879 --> 00:09:55.240
device because he wasn't sure he could trust what she

158
00:09:55.360 --> 00:09:59.240
was telling him, but that he genuinely wanted to believe her.

159
00:10:00.000 --> 00:10:03.159
And then he described the hike. He denied any intent

160
00:10:03.240 --> 00:10:05.799
to harm her. He said it was a normal thing

161
00:10:05.840 --> 00:10:08.960
for them to do together. He said she attacked him,

162
00:10:09.399 --> 00:10:13.240
shoved him, grabbed him, grabbed him by the testicles, struck

163
00:10:13.320 --> 00:10:15.879
him with a rock. He said he wrestled the rock

164
00:10:15.960 --> 00:10:18.960
away and hit her back. He said he never intended

165
00:10:18.960 --> 00:10:21.240
to kill her. He said the phone call to his

166
00:10:21.320 --> 00:10:25.000
son was not a confession, it was a goodbye. He

167
00:10:25.080 --> 00:10:29.399
told the jury he was suicidal, that the investigation, the

168
00:10:29.480 --> 00:10:31.639
loss of his marriage, the weight of all of it

169
00:10:31.799 --> 00:10:35.000
had pushed him to the edge. He called Emil to

170
00:10:35.000 --> 00:10:39.320
say goodbye, not to confess. He became emotional on the stand.

171
00:10:39.840 --> 00:10:42.320
He said he was almost pushed over the edge himself

172
00:10:42.399 --> 00:11:03.200
that day, day eight Thursday, April, second cross examination, prosecutor

173
00:11:03.279 --> 00:11:05.879
Joel Garner had Koenig on the stand and he did

174
00:11:06.000 --> 00:11:09.159
not let up. He walked through the affair in detail.

175
00:11:09.519 --> 00:11:13.639
The WhatsApp messages, which Garner pointed out, contained nothing sexual,

176
00:11:14.200 --> 00:11:19.000
good morning texts, questions about sleep, whether she liked Blues Traveler.

177
00:11:19.919 --> 00:11:24.879
There's nothing sexual in these messages, is there, doctor Koenig. No,

178
00:11:25.759 --> 00:11:28.679
This is two people saying good morning to each other.

179
00:11:29.399 --> 00:11:32.240
Koenig agreed, but he maintained that it wasn't about any

180
00:11:32.279 --> 00:11:36.399
individual message. It was the relationship as a whole, the

181
00:11:36.519 --> 00:11:41.120
intimacy of it, the secrecy. Garner then walked through what

182
00:11:41.240 --> 00:11:45.840
Koenig did next. He contacted Jeff Miller's wife, Andrea, sent

183
00:11:45.879 --> 00:11:49.120
her an email, provided her with Ariel's personal cell number

184
00:11:49.120 --> 00:11:53.279
and email address, encouraged her to reach out. The prosecutor

185
00:11:53.279 --> 00:11:57.120
suggested Koenig wanted Andrea to contact Ariel specifically to punish

186
00:11:57.159 --> 00:12:01.440
and humiliate her. Koenig denied it. He had also disclosed

187
00:12:01.440 --> 00:12:05.080
the affair to Ariel's best friends, a married couple, before

188
00:12:05.080 --> 00:12:08.720
a group trip to California. The prosecution argued he was

189
00:12:08.720 --> 00:12:12.279
trying to isolate Ariel from her support system. Koenig said

190
00:12:12.320 --> 00:12:15.960
he was just preparing people for a difficult conversation. Then

191
00:12:16.240 --> 00:12:19.240
on that trip, he confronted her, called her a lying

192
00:12:19.279 --> 00:12:22.720
bitch and a whore, He admitted it. He wanted her

193
00:12:22.759 --> 00:12:25.440
to move out of the house. Their sons were four

194
00:12:25.519 --> 00:12:29.039
years old and eighteen months. No mother would want to

195
00:12:29.080 --> 00:12:33.080
move out with children that young, Garner noted. Koenig said

196
00:12:33.080 --> 00:12:35.080
he wanted her out of the house to deal with

197
00:12:35.159 --> 00:12:38.159
the aftermath of the affair. He also wanted her to

198
00:12:38.240 --> 00:12:41.000
quit her job as a nuclear engineer, which would have

199
00:12:41.039 --> 00:12:44.399
made her entirely financially dependent on him and his salary.

200
00:12:44.840 --> 00:12:48.759
He acknowledged as much, correct, he said when Garner asked

201
00:12:48.759 --> 00:12:51.159
whether without her job, she would be dependent on his

202
00:12:51.240 --> 00:12:54.559
paycheck to keep a roof over her kids' heads. The

203
00:12:54.679 --> 00:12:57.399
jury was also shown the contents of his medical bag,

204
00:12:57.759 --> 00:13:02.840
a syringe a generic form of propofaal, the anesthetic that

205
00:13:02.919 --> 00:13:06.919
caused Michael Jackson's death, in the bag that he had

206
00:13:06.919 --> 00:13:10.039
with him, and the jury was told that Gerhard Koenig

207
00:13:10.039 --> 00:13:12.679
stood to collect two hundred and fifty thousand dollars from

208
00:13:12.720 --> 00:13:15.799
a life insurance policy on Ariel's life in the event

209
00:13:15.840 --> 00:13:19.120
of her death. He denied that money was a motive.

210
00:13:19.360 --> 00:13:22.440
He suggested Ariel's one point five million dollar policy on

211
00:13:22.480 --> 00:13:25.720
his life was the reason she attacked him first. The

212
00:13:25.799 --> 00:13:29.559
prosecution didn't appear to find that persuasive. He also testified

213
00:13:29.600 --> 00:13:31.840
that the last time he and Ril were intimate was

214
00:13:32.000 --> 00:13:35.600
Christmas Eve, twenty twenty four, The same night the digital

215
00:13:35.600 --> 00:13:38.240
forensics detective showed the jury he was on Reddit at

216
00:13:38.240 --> 00:13:42.080
four in the morning, spiraling through infidelity forums. The trial

217
00:13:42.159 --> 00:13:45.240
is expected to continue through mid April. We'll keep bringing

218
00:13:45.279 --> 00:13:50.039
you every development when we come back. A federal judge

219
00:13:50.080 --> 00:13:52.159
in New York just handed down a one hundred and

220
00:13:52.159 --> 00:13:54.600
fifty two page ruling in the Blake Lively and Justin

221
00:13:54.639 --> 00:13:57.879
Baldoni case, and ten of her thirteen claims are gone.

222
00:13:58.200 --> 00:14:11.039
What's left and whether it is still matters? Welcome back.

223
00:14:11.360 --> 00:14:14.440
We have covered this case extensively. If you were with

224
00:14:14.519 --> 00:14:17.399
us for the season one countdown the top ten crime

225
00:14:17.440 --> 00:14:22.039
and justice stories of twenty twenty five, Lively versus Baldoni

226
00:14:22.559 --> 00:14:25.799
was number three. You know the shape of it, but

227
00:14:25.919 --> 00:14:28.440
let me give you the key context before I walk

228
00:14:28.519 --> 00:14:32.679
you through what just happened. Blake Lively and Justin Baldoni

229
00:14:32.720 --> 00:14:35.399
co starred in the twenty twenty four film It Ends

230
00:14:35.399 --> 00:14:40.080
with Us. Baldoni also directed. The film made three hundred

231
00:14:40.120 --> 00:14:43.639
and fifty million dollars globally, and then everything went sideways.

232
00:14:44.320 --> 00:14:47.639
In December twenty twenty four, Lively file a complaint accusing

233
00:14:47.679 --> 00:14:52.039
Baldoni of sexual harassment on set, improvised kissing, entering her

234
00:14:52.039 --> 00:14:56.600
trailer while she was breastfeeding, inappropriate comments, and of orchestrating

235
00:14:56.639 --> 00:14:59.799
a coordinated smear campaign against her through a crisis PR

236
00:15:00.000 --> 00:15:04.360
operation after she complained about the conditions on set. Text

237
00:15:04.360 --> 00:15:07.960
messages from Baldoni's PR team became central to that allegation,

238
00:15:08.240 --> 00:15:11.279
including one that read, you know we can bury anyone.

239
00:15:12.240 --> 00:15:16.840
Baldoni countersued for four hundred million dollars, claiming defamation. That

240
00:15:16.919 --> 00:15:19.720
suit was thrown out entirely in June twenty twenty five.

241
00:15:20.440 --> 00:15:23.039
Lively's case survived and has been heading toward a May

242
00:15:23.080 --> 00:15:27.320
eighteenth trial in New York City. Last Thursday, April, second

243
00:15:27.559 --> 00:15:31.159
Judge Lewis Lyman issued a ruling on pre trial motions

244
00:15:31.440 --> 00:15:34.919
one hundred and fifty two pages, and when the dust settled,

245
00:15:35.080 --> 00:15:38.840
ten of Lively's thirteen claims were gone. Let me walk

246
00:15:38.879 --> 00:15:42.279
you through this because the reasoning matters. The core of

247
00:15:42.320 --> 00:15:46.639
the dismissed claims was sexual harassment, and the reason they

248
00:15:46.639 --> 00:15:49.440
were thrown out has nothing to do with whether the

249
00:15:49.519 --> 00:15:53.879
harassment happened. The reason they were thrown out is because

250
00:15:53.919 --> 00:15:58.240
of a contract that was never signed. There is something

251
00:15:58.279 --> 00:16:02.840
called an Actor Loan Agreement or ALA. This is the

252
00:16:02.879 --> 00:16:05.960
standard contract that would have governed workplace conduct on the

253
00:16:06.000 --> 00:16:09.799
set of it ends with us, including sexual harassment protections.

254
00:16:10.080 --> 00:16:13.600
Lively and Baldoni's team spent months negotiating the terms of

255
00:16:13.639 --> 00:16:17.159
that agreement. They could not come to terms, and so

256
00:16:17.360 --> 00:16:20.399
the ALA was never signed. For Lively to bring a

257
00:16:20.440 --> 00:16:24.360
sexual harassment claim under federal and California state law, the

258
00:16:24.399 --> 00:16:27.639
Civil Rights Act and the California Labor Code, she needed

259
00:16:27.679 --> 00:16:30.600
to be classified as an employee of the film. But

260
00:16:30.879 --> 00:16:33.519
Judge Lyman looked at the facts and determined that Lively

261
00:16:33.679 --> 00:16:37.440
enjoyed so much economic independence and creative control that she

262
00:16:37.720 --> 00:16:42.679
was legally an independent contractor, not an employee. And if

263
00:16:42.720 --> 00:16:45.559
you're not an employee, those protections don't apply to you.

264
00:16:46.519 --> 00:16:49.279
The judge was not subtle about the degree of control

265
00:16:49.360 --> 00:16:53.240
Lively exercised. He listed it out. She had a twelve

266
00:16:53.279 --> 00:16:56.639
hour cap on her days. She selected ninety percent of

267
00:16:56.679 --> 00:16:59.559
the songs on the film. She oversaw every shot that

268
00:16:59.600 --> 00:17:02.720
made it to the movie. She conducted meetings with department

269
00:17:02.759 --> 00:17:06.680
heads and the studio she oversaw a team of editors.

270
00:17:07.039 --> 00:17:09.119
She could have walked off the set at any moment.

271
00:17:09.599 --> 00:17:12.839
The only consequence would have been breach of contract. The

272
00:17:12.960 --> 00:17:17.039
judge wrote that she enjoyed the economic independence to walk

273
00:17:17.119 --> 00:17:22.000
at any moment, and that level of independence is precisely

274
00:17:22.039 --> 00:17:25.279
what puts her outside the protections she was trying to invoke.

275
00:17:25.880 --> 00:17:29.119
There's a painful irony in that the more power Lively

276
00:17:29.160 --> 00:17:31.720
had on that set than by all accounts she had

277
00:17:31.759 --> 00:17:36.400
substantial power, the less legally protected she was. The law,

278
00:17:36.599 --> 00:17:41.079
as written was designed to protect workers with less leverage.

279
00:17:41.119 --> 00:17:44.319
Blake Lively, on this particular film had too much leverage

280
00:17:44.319 --> 00:17:46.880
for those laws to apply to her. That's not a

281
00:17:47.000 --> 00:17:50.559
vindication of anyone's conduct on that set. The judge made

282
00:17:50.640 --> 00:17:54.079
that clear. He wrote that a reasonable jury could find

283
00:17:54.200 --> 00:17:58.319
that Lively genuinely experienced what happened on set as sexually harassing.

284
00:17:58.960 --> 00:18:02.519
He even acknowledged that the two things using sexual harassment

285
00:18:02.559 --> 00:18:07.000
claims as leverage for creative control and sincerely experiencing harassment

286
00:18:07.440 --> 00:18:11.079
are not mutually exclusive, both can be true at the

287
00:18:11.119 --> 00:18:15.359
same time. He also dismissed the fat shaming claims. Those

288
00:18:15.400 --> 00:18:18.240
alleged that Baldoni asked Lively's trainer how much she would

289
00:18:18.240 --> 00:18:21.880
weigh when filming began, and separately introduced her to a

290
00:18:21.920 --> 00:18:25.960
probiotic specialist who also specialized in weight loss. The judge

291
00:18:25.960 --> 00:18:29.000
said this couldn't support a hostile work environment claim because

292
00:18:29.000 --> 00:18:32.920
the physical appearance of the film's lead was, by everyone's acknowledgment,

293
00:18:33.240 --> 00:18:37.680
including Lively's own communications, a part of the job. She

294
00:18:37.720 --> 00:18:39.920
had written to her agent that she was working out

295
00:18:39.960 --> 00:18:43.440
four hours a day to prepare. She told Baldoni her husband,

296
00:18:43.440 --> 00:18:47.640
and she treated roles like athletic events. The judge dismissed

297
00:18:47.640 --> 00:18:51.160
the improvised kiss allegation two. He wrote that even if

298
00:18:51.160 --> 00:18:54.759
Baldoni was improvising within the scene, it happened within the

299
00:18:54.799 --> 00:18:59.039
context of actors performing, not outside of it. The conduct,

300
00:18:59.079 --> 00:19:01.680
in his view, was derected at her character in the scene,

301
00:19:02.000 --> 00:19:06.680
not at Lively herself. Here's what's left three claims breach

302
00:19:06.720 --> 00:19:12.559
of contract, retaliation, and aiding and abetting retaliation. The retaliation

303
00:19:12.680 --> 00:19:16.000
claims survived because there is a different agreement that was signed,

304
00:19:16.720 --> 00:19:20.599
a contract writer agreement signed in January twenty twenty four

305
00:19:21.119 --> 00:19:25.920
that included specific language prohibiting retaliation against Lively for raising

306
00:19:25.960 --> 00:19:30.200
concerns about conduct on set. That agreement is enforceable, and

307
00:19:30.240 --> 00:19:32.880
the judge found enough evidence for a jury to decide

308
00:19:32.920 --> 00:19:37.519
whether what followed the pr campaign, the coordinated online response,

309
00:19:37.680 --> 00:19:42.200
the text messages constituted retaliation. So this is the case

310
00:19:42.240 --> 00:19:45.759
that goes to trial on May eighteenth, not the headline

311
00:19:45.880 --> 00:19:50.400
sexual harassment case, not the fat shaming claims, a narrower fight.

312
00:19:50.880 --> 00:19:54.079
Did Baldoni and his team retaliate against Lively for speaking

313
00:19:54.160 --> 00:19:57.400
up in violation of a contract they signed? And did

314
00:19:57.440 --> 00:20:00.880
he breach that contract? In other ways? Ively's legal team

315
00:20:00.880 --> 00:20:04.279
put out a statement that was careful and disciplined. They

316
00:20:04.319 --> 00:20:06.839
said the case has always been about the retaliation and

317
00:20:06.920 --> 00:20:10.000
the playbook used to destroy her reputation, and that the

318
00:20:10.039 --> 00:20:14.000
case going to trial will expose exactly that they framed

319
00:20:14.000 --> 00:20:18.240
the sexual harassment dismissal. Clearly those claims fail, not because

320
00:20:18.279 --> 00:20:21.480
the conduct didn't happen, but because the court found she

321
00:20:21.680 --> 00:20:26.079
was a contractor rather than an employee. Baldoni's attorneys were pleased,

322
00:20:26.119 --> 00:20:29.319
as you'd expect. They called it a significant narrowing of

323
00:20:29.359 --> 00:20:32.440
the case. They said they look forward to defending the

324
00:20:32.480 --> 00:20:35.960
remaining claims in court. Both sides are right about something.

325
00:20:36.480 --> 00:20:39.279
The ruling is a real blow to Lively. Ten of

326
00:20:39.359 --> 00:20:43.759
thirteen claims is not a minor setback, but the retaliation claim,

327
00:20:43.920 --> 00:20:47.240
with those text messages, with the documentary evidence of a

328
00:20:47.279 --> 00:20:50.880
coordinated pr campaign, could still be the most damaging part

329
00:20:50.920 --> 00:20:54.279
of the whole case. We can bury. Anyone is still

330
00:20:54.319 --> 00:20:56.160
going to be read aloud in a courtroom in New

331
00:20:56.240 --> 00:21:00.640
York City next month. Trial date May eighteenth will be there.

332
00:21:03.039 --> 00:21:08.200
That's Monday, April sixth. Two stories, both of them unresolved.

333
00:21:08.759 --> 00:21:11.839
Gerhart Koenig is still on the stand in Honolulu. His

334
00:21:11.920 --> 00:21:16.319
cross examination continues. The defense will present more witnesses, and

335
00:21:16.400 --> 00:21:19.160
sometime in the next few weeks, twelve people will decide

336
00:21:19.200 --> 00:21:22.359
whether a man who searched for cliffs, bought recording devices,

337
00:21:22.799 --> 00:21:25.680
spiraled through Reddit at four in the morning on Christmas,

338
00:21:25.880 --> 00:21:29.480
and whose own son testified that he called twice to confess.

339
00:21:30.039 --> 00:21:33.000
Whether that man is guilty of attempted murder or a

340
00:21:33.079 --> 00:21:36.000
victim of a fight that got out of hand. In

341
00:21:36.039 --> 00:21:38.640
New York. Blake Lively is heading toward a courtroom with

342
00:21:38.720 --> 00:21:41.559
a much smaller case than she filed, but she's still

343
00:21:41.599 --> 00:21:47.519
heading there. Nobody's off the hook, yet do better. Disclaimer.

344
00:21:47.759 --> 00:21:51.599
Daily Crime and Justice is produced by Calaroga Shark Media.

345
00:21:52.279 --> 00:21:55.039
This episode was researched and written with the assistance of

346
00:21:55.119 --> 00:21:59.559
artificial intelligence tools. We make every effort to be accurate,

347
00:21:59.640 --> 00:22:04.279
but we source from court records, news organizations, official trial coverage,

348
00:22:04.319 --> 00:22:07.519
and the Internet, which means we can be wrong. If

349
00:22:07.599 --> 00:22:10.680
you catch an error, let us know. Some details in

350
00:22:10.720 --> 00:22:14.160
this episode come from ongoing trials and may be subject

351
00:22:14.200 --> 00:22:17.640
to change as proceedings continue. This show is produced for

352
00:22:17.720 --> 00:22:21.799
informational and entertainment purposes. Nothing here is legal advice. We

353
00:22:21.920 --> 00:22:24.519
are not lawyers, and if you need a lawyer, please

354
00:22:24.559 --> 00:22:28.440
find one. All persons discussed in connection with criminal proceedings

355
00:22:28.480 --> 00:22:31.799
are presumed innocent unless and until proven guilty in a

356
00:22:31.839 --> 00:22:33.480
court of law.