On April 17, 2012, an apparently intoxicated female passenger climbed into the front seat of a cab and reportedly made sexual advances towards the cab driver, who turned her down, but recorded the incident on his cell phone.
In the video, passenger Jennifer Gaubert, 33, can be seen flashing her private parts, sweet-talking the cabbie and even seemingly touching the driver’s clothing over his crotch area.
Gaubert, a lawyer and former radio personality, filed a complaint one year after the incident occurred, claiming that 39-year-old driver Hervey Farrell tried to blackmail her and extract money from her with the video.
In August, Farrell was jailed on suspicion of voyeurism and extortion.
As a result of Gaubert’s claims, Farrell spent 27 hours in prison and had his mug shot appear in the local news. Furthermore, he was forced to surrender his taxicab license, which put him out of work for several months.
Recent developments, however, are spelling out trouble for Gaubert.
Farrell claims he was the victim of false arrest, false imprisonment, malicious prosecution and kidnapping. On Friday, he filed a federal lawsuit against Jennifer Gaubert and the city.
Farrell argues that police bought Gaubert’s story and issued a warrant for his arrest without even questioning him. In addition to losing his job, he was forced to post a $21,000 bond. Farrell also claims to have suffered depression and emotional distress following the widespread media coverage of the case.
“Despite knowing the information she had been circulating was false, neither Ms. Gaubert nor the NOPD took any steps to rectify the situation by removing or correcting the false information that had been circulating regarding Mr. Farrell,” the lawsuit reads.
Orleans Parish District Attorney Leon Cannizzaro’s office has refused to prosecute Farrell. Instead, they charged Gaubert with the felony count of making a false statement, for which she will face trial in May. If convicted, she could face up to five years in prison.
After viewing the video at trial last week, a judge convicted Gaubert of simple battery. Gaubert plans to appeal the decision.
The cellphone video was released this week, and shows Gaubert flirting with Farrell, who repeatedly turns her down, saying, “I have to go.”
The video shown in court can be seen below. (WARNING: The video contains sexual content. Do not watch it if you don't want to see the sexual content. Don't blame us if you watch it and see sexual content. We warned you.)
Photo Sources: http://media.nola.com