David Copperfield seeks stay in civil lawsuit

Attorneys for illusionist David Copperfield have asked for a six-month stay in a lawsuit filed by an aspiring Washington model who claims the magician raped her, arguing that disclosures in the civil case could prejudice him in a federal criminal investigation into the allegations.

The motion says that Copperfield — who has denied the allegations — will nevertheless consider invoking his Fifth Amendment protections against self-incrimination and refuse to provide information to the woman's attorneys because anything he says in the civil case could be fodder for the ongoing grand-jury investigation.

Documents filed in connection with the motion indicated that the FBI and federal prosecutors in Seattle are close to wrapping up the lengthy criminal probe and that they support the delay.

Attorneys for the young woman have not responded to the motion. Her Seattle attorney, Rebecca Roe, could not be reached Tuesday. The Seattle Times is not naming her because she is an alleged victim of sexual assault.

The 22-year-old woman, a former Miss Washington USA contestant, sued Copperfield in August, two years after she claimed the magician invited her to his private island in the Bahamas after meeting her at a show in Kennewick. The woman said that when she arrived, Copperfield isolated her and repeatedly sexually assaulted her over two days.

In October 2007, FBI agents from Seattle served search warrants on Copperfield's Las Vegas home, a private warehouse and the Hollywood Theater at the MGM Grand Hotel where he regularly performs, according to court documents.

Copperfield, whose real name is David Seth Kotkin, has vehemently denied the allegations and claims the woman is after money.

In the motion for the stay, defense attorney Angelo Calfo said that if discovery in the civil case goes forward, "Mr. Copperfield must consider invoking his Fifth Amendment privilege against self-incrimination ... in response to any questions or discovery in this civil litigation."

"He shouldn't be put in the position to have to make that choice," Calfo said Tuesday.

In an e-mail sent to Calfo on Monday, the prosecutor in the case, Assistant U.S. Attorney Susan Roe (no relation to Rebecca Roe) said that "it appears much of the investigation may be done" and that a decision on whether to charge him should be reached within six months.

Mike Carter: 206-464-3706 or mcarter@seattletimes.com