Disgraced former state Assemblyman Vito Lopez is waving a tin cup, saying he can't find a job — and can't pay any potential settlement in a pending federal sexual-harassment lawsuit accusing him of groping two former underlings.
His claim, if true, could leave Assembly Speaker Sheldon Silver, who is also named in the suit for allegedly allowing Lopez's behavior to continue unchecked, on the hook for any settlement or award, the plaintiffs' lawyer said Monday.
Lopez lawyer Laura Sack told Manhattan federal Judge Michael Dolinger in court that the former Brooklyn Democratic boss and power broker "is not in a position to contribute" to any settlement in the lawsuit by two former Assembly aides Victoria Burhans and Chloe Rivera.
Lawyer Kevin Mintzer, representing Burhans and Rivera, told Dolinger he had not contacted Lopez's lawyers with an offer because "the gist of it is that Mr. Lopez has no ability to pay."
So any potential liability, Mintzer added, could fall directly on Silver, who is also named in the suit as an "aider and abettor" of Lopez's alleged serial-perv behavior in Albany.
Mintzer during the hearing also reiterated some of his clients' allegations against Lopez while working for him in 2012, including that he had them "massage his hands while driving," attempted to stick their hands by his private parts and would routinely request that they "not wear a bra at work."
Silver lawyer Bettina Plevin said she believes "liability falls exclusively" with Lopez because "it is not Silver's job to investigate complaints."
Mintzer disagreed, saying Silver should be held liable "because he has hiring and firing power in the Assembly."
Lopez reportedly hasn't paid a $330,000 fine the state Legislative Ethics Commission hit him with last year for sexually harassing staff members.
As of his July filings, he had $65,571 on hand in a state campaign fund but owed $9,806 from his fund for a failed campaign last year to be elected to the City Council. He also receives a $64,000 government pension.
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