'Absurd' Letterman Restraining Order Tossed

12/28/2005 at 08:25 AM EST

'Absurd' Letterman Restraining Order Tossed
David Letterman
J.P. Filo/CBS
A restraining order against David Letterman – whom a Santa Fe woman accused of using special code words such as "Oprah" to woo her into marriage – has been lifted, a New Mexico state judge ruled Tuesday.

Colleen Nestler alleged in her request for the order filed Dec. 15 that the Late Show host had forced her to go bankrupt and caused her "mental cruelty" and "sleep deprivation" since first sending her secret messages in May 1994. Nestler asked the court to require Letterman to keep a distance of at least three yards and to "release me from his mental harassment and hammering."

Judge Daniel Sanchez on Tuesday granted a request by lawyers for Letterman, who had called Nestler's claims "absurd and frivolous." "He is entitled to a protection of his legal rights and a protection of his reputation," Pat Rogers, an Albuquerque lawyer representing Letterman, told the judge Tuesday, reports the Associated Press.

Nestler, whose application for a restraining order was accompanied by a six-page typed letter in which she said Letterman used code words, gestures and "eye expressions" to convey his desires for her, appeared in court Tuesday without a lawyer and represented herself.

Responding to a question from the judge, Nestler said she had no proof of the allegations she had made against Letterman. She also said that if Letterman or any of his representatives came near her, "I will break their legs."

After the session, Nestler told reporters: "I have achieved my purpose. The public knows that this man cannot come near me." She also said that her comment about breaking legs "is not a threat."

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