‘Nerve-Wracking' Testimony By Sandra Maas Ally Follows Openers In KUSI Trial

By Ken Stone, Times of San Diego

February 15, 2023

On her last day anchoring the KUSI News in June 2019, Sandra Maas was allowed a one-minute on-air farewell.

Smiling, she concluded: “And though I won’t be delivering the news anymore from this anchor chair, I do hope to be making news. And making a difference for women in the workplace.”

On Tuesday — Day 1 of a trial to decide whether KUSI violated the state Equal Pay Act and other laws — Superior Court jurors heard a former KUSI assistant news director reveal she helped Maas craft that cryptic parting shot.

That former KUSI manager, Lisa Burger, said it was “nerve-wracking” testifying under subpoena from the Maas side. But appearing remotely from Sacramento, she sat in front of a small wall poster that said: “You got this!”

Whether she’ll help Maas get millions in damages or KUSI off the hook depends on the jury — now seven men and five women after a female alternate replaced a male juror just before 64-minute opening statements by both sides.

Prompted by a series of questions by Maas attorney Josh Pang, Burger said nobody at the station complained about Maas. (It was Burger who first informed Maas of her pay gap with co-anchor Allen Denton.)

Upon cross examination, however, KUSI attorney Ken Fitzgerald won admissions that Burger was a Maas ally who traded texts and Facebook messages with her on her contract fight.

The jury was shown a text. When Maas told Burger about being “totally prepared to walk,” Burger replied: “OMG!!!!! I AM SO PROUD OF YOU!!!!!!!!!!!

But Burger also confirmed that she “loved and admired” her boss, veteran news director Steve Cohen, who also served as her “inspiration.”

Cohen will serve as key testimony for both sides — since Maas says that he once called her “the Diane Sawyer of San Diego” but that KUSI would label her a mere “utility player.”

Cohen also is expected to say it was his merits judgment that led Maas to be paid as much as $85,000 a year less than former co-anchor Denton.

(Denton was supposed to testify remotely Tuesday, but Maas attorney Josh Gruenberg said the retired anchor “has ghosted the plaintiff” and disconnected his phone.)

Opening statements suggested the chess game to come.

Maas attorney Pamela Vallero went first. She began:

Two individuals — one man, one woman, sitting side-by-side, reading from the same TelePrompTer — anchored the same newscasts for almost a decade, but are paid significantly different by KUSI. That is why we are here. … And when Miss Maas discovered this pay gap and raised her concerns to KUSI, what did KUSI do? They failed to investigate. It failed to conduct a pay analysis. It did not eliminate the pay gap. Instead, it unceremoniously severed her 15-year employment relationship by not renewing her contract.

Vallero walked the court through Maas’ career, and sought to immunize jurors against KUSI arguments.

“During her employment, she was a class act. Now she’s unprofessional to staff,” she said, contrasting earlier and recent KUSI characterizations. “During her employment, she was conversational and improvisational. Now she’s rigid and inflexible.”

She also sought to depict Maas’ Healthy Living segments — which sometimes included her voice-overs of CNN video — as evidence of her enterprise journalism. This anticipated that KUSI would depict these shows as infrequently viewed examples of her laziness.

Beginning his opener in Judge Ronald Frazier’s fourth-floor courtroom, KUSI’s Fitzgerald said:

This is a case about value, a case about experience and a case about judgment. The evidence will center around the value of a news anchor to a news station. You’ll hear testimony about the value of experience, in a news anchor, and the value of effort — meaning the day-to-day work that goes into being a news anchor at KUSI News. …

KUSI’s decision in casting its news shows is just that — that’s a casting decision. … for the (style of news program that they want). The decision not to give her a new contract was based on her broadcasting style among other factors. She was a very good news reader. (But after a change in station plans), her style did not fit.

Hoping to stave off monetary damages for emotional distress, Fitzgerald said:

When she was asked for information about emotional distress in discovery, she admitted she has never seen a psychiatrist, a psychologist or a counselor — any mental health professional. She said she coped with the distress by going to yoga, and by hiking. … And she swore under oath that before leaving KUSI she didn’t exercise regularly, but her profile video on KUSI describes how much she loves to hike at Torrey Pines.

Her Instagram and social media activity shows a person who appears to be very happy and thriving. No medical treatment, no counseling. Just yoga and hikes. You’ll have to judge the validity of her claim to emotional distress — keeping in mind that it’s based on the claim that she was no longer allowed to work at the news station that she says she hated.

At times, Maas shook her head “no” in reaction to KUSI questioning.

After Burger’s testimony wrapped up, station owner Mike McKinnon Sr. was sworn in.

Maas attorney Gruenberg treated him as a punching bag, with McKinnon — who continues as a witness Wednesday morning —admitting he didn’t read the Maas lawsuit beyond the first two paragraphs.

When read examples of his deposition testimony on contract talks and other issues, McKinnon — who spends half the year at a Texas home — appeared to offer different stories.

Asked if he relied on the Wall Street Journal for information on workplace harassment and discrimination, McKinnon called the business paper a “good source on some things.” (He later said his last training on workplace harassment and discrimination was 10 years ago.)

The 42-seat spectator area was full during the morning and thinned out in the afternoon. At least a dozen Maas friends and former co-workers came in support. Also Maas’ mother.

Among the allies were recently retired Rory Devine, former Maas producer Susan Shurr Hitchcock, radio and TV veteran Geni Cavitt and another one-time KFMB colleague — Jody Hammond.

Baseball fan Frazier, who read a long set of jury instructions, pitched an aphorism by Yogi Berra: “If you don’t know where you’re going, you might not get there.”

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