- Associated Press - Tuesday, July 12, 2011

NEW YORK (AP) - The attorney for a man charged with smashing glass doors and breaking into the New York City theater where David Letterman tapes his television show said the man was drunk and doesn’t recall the incident.

James Whittemore was arraigned Monday on burglary and criminal mischief charges. The 22-year-old “certainly didn’t plan this” and doesn’t even remember how he got to the Ed Sullivan Theater early Sunday, his lawyer said.

A criminal court complaint says Whittemore used a metal stanchion to break several of the theater’s glass doors. They say he did about $5,000 worth of damage at the closed theater. The complaint says pictures, fans, phones, and printers were among other items damaged.

CBS and production company Worldwide Pants said the “Late Show” set wasn’t harmed.

Meanwhile, David Letterman poked fun of the incident on Monday night’s “Late Show with David Letterman.”

“How’d you folks get in?” he asked the audience in his opening monologue.

“This is the Late Show, not just a talk show, ladies and gentlemen, this is an active crime scene,” he joked.

His category for the Top Ten List was “Top Ten Excuses of the Guy Who Broke into the Sullivan Theatre.”

Number 10 was “When did stupid human tricks become illegal?”



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