Jury Wouldn’t Treat Lowry Well In Harassment Case, Experts Say

Three of four out-of-state experts who reviewed an investigative report on allegations that Gov. Mike Lowry sexually harassed a female staffer said there’s a good chance a jury would have found evidence of harassment.

Their assessment differs from the conclusion reached in the report by Seattle lawyer Mary Alice Theiler, who looked into the allegations of Susanne Albright at the request of Lowry’s staff. Theiler concluded Lowry’s behavior offended Albright but didn’t constitute sexual harassment and that a jury likely wouldn’t find for Albright.

The News Tribune of Tacoma sent Theiler’s 51-page report to experts at four universities. Each has extensive experience or study in sexual harassment. None had heard about the case and none was told anything about the report.

All four said Lowry’s behavior was plainly wrong, and three felt there was a good chance a jury would have been convinced sexual harassment had occurred.

Lowry denied he sexually harassed Albright.

Theiler said that “if the case went to a jury, with the facts as I know them, I do not believe a jury would find in her favor.”

Three of the experts contacted by the newspaper - David Larson, a law professor at Creighton University, Omaha; Marina Angel, a law professor at Temple University, Philadelphia; and Billie Dziech, a University of Cincinnati English professor - disagreed.

The fourth expert, Jeanette Mann, who heads the affirmative action office at California State University-Northridge, said she believes many men Lowry’s age honestly believe it’s OK to touch and kiss women subordinates in a friendly way. And a jury might well let him off the hook, she said. “That doesn’t mean I’m excusing him,” Mann said. “He should have known better.”