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Tag: Celebrity legal affairs

  • Lawyer: Cardi B ‘humiliated’ man with racy image on mixtape

    Lawyer: Cardi B ‘humiliated’ man with racy image on mixtape

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    SANTA ANA, Calif. — A self-described family man with a distinctive back tattoo felt humiliated after Cardi B allegedly misused his likeness for her sexually suggestive mixtape cover art, his lawyer said during opening arguments Tuesday.

    Kevin Michael Brophy is suing the Grammy-winning musician in a $5 million copyright-infringement lawsuit in federal court in Southern California. His attorneys say Brophy’s life was disrupted and he suffered distress because of the 2016 artwork.

    Brophy’s lawyer A. Barry Cappello said photo-editing software was use to put the back tattoo, which has appeared in tattoo magazines, onto the male model used in the mixtape cover. The image shows a tattooed man from behind with his head between the rapper’s legs. The man’s face cannot be seen.

    Cardi B, who is expected to testify during the trial, is fighting the allegations and said an artist used only a “small portion” of the tattoos without her knowledge. She had previously said the cover art – created by Timm Gooden — was transformative fair use of Brophy’s likeness.

    “Their life has been disrupted,” Cappello told the jury as Cardi B, whose real name is Belcalis Almanzar, watched from the defense table. He said the image disturbed Brophy along with his wife, Lindsay Michelle Brophy, who he says initially questioned her husband if it was him in the cover art. The couple has two young children.

    Brody has said he once considered his back tattoo featuring a tiger battling a serpent to be a “Michelangelo piece” that has since become “raunchy and disgusting.”

    Defense filings have pointed out that the model who posed for the photos was Black, while Brophy is white.

    Cardi B’s lawyer Peter Anderson said Brophy and the mixtape image are unrelated. He said the model did not have tattoos on his neck, which Brophy does.

    “Brophy’s face wasn’t on the mixtape,” Anderson said during his opening statement. “She was already popular. It has nothing to do with Brophy.”

    But Brophy contested in court that everyone who knows him believed he was on the mixtape cover. He said the offensive image was something he would never approve.

    Brophy said he sent a cease-and-desist letter to Cardi B’s representatives to remove the tattoo, but he never received a response.

    “For me, it was something I took a lot of pride in,” Brophy said about his tattoo. “Now, that image feels devalued. I feel robbed. I feel completely disregarded. There’s a lot of things I would like to be spending time on. But the only way to get this removed was to come here to this courtroom.”

    Cappello said Gooden was paid $50 to create a design but was then told to find another tattoo after he turned in an initial draft. He said Gooden googled “back tattoos” before he found an image and pasted it on the cover.

    Last month, Cardi B pleaded guilty to a criminal case stemming from a pair of brawls at New York City strip clubs that required her to perform 15 days of community service. Earlier this year, the rapper was awarded $1.25 million in a defamation lawsuit against a celebrity news blogger who posted videos falsely stating she used cocaine, had contracted herpes and engaged in prostitution.

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  • ’70s Show’ actor Danny Masterson on trial on 3 rape charges

    ’70s Show’ actor Danny Masterson on trial on 3 rape charges

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    LOS ANGELES — Danny Masterson, former star of the long-running sitcom “That ’70s Show,” is about to face three women in court who say he raped them two decades ago at a trial whose key figures are all current or former members of the Church of Scientology.

    Opening statements could begin as early as Tuesday in the Los Angeles trial of the 46-year-old Masterson, and while a judge has expressed her determination not to have the church become the center of the proceedings, it will inevitably loom large.

    Masterson is charged with raping the women between 2001 and 2003 in his home, which functioned as a social hub when he was at the height of his fame. Masterson has pleaded not guilty to the charges.

    One of the women had been Masterson’s longtime girlfriend. Another was a longtime friend, and the third a newer acquaintance.

    All three were members of the Church of Scientology, as Masterson still is. All three accusers have since left, and they said the church’s insistence that it deal internally with problems between members made them hesitant at first to go to authorities.

    “This is not going to become a trial on Scientology,” Superior Court Judge Charlaine F. Olmedo asserted at a pre-trial hearing. But she said she would allow its discussion as a reason why the women delayed reporting to authorities.

    Testimony at a preliminary hearing last year to determine whether Masterson should go to trial last year included frequent use of Scientology jargon that lawyers had to ask the witnesses to explain. And the trial’s witness list is full of members and former members of the church, which has a strong presence in Los Angeles and has counted many famous figures among its members. The list includes former member Lisa Marie Presley, the daughter of Elvis Presley and former wife of Michael Jackson.

    Masterson’s initial attorney in the case, Thomas Mesereau, emphasized his client’s Scientology connections, saying his arrest was the result of anti-religious bias from police and prosecutors. The lawyer attempted unsuccessfully to subpoena alleged communications between the accusers and actor Leah Remini, a former Scientologist who has become on of the church’s foremost detractors, authoring a book and hosting a documentary series.

    Masterson’s lead attorney for the trial, Phillip Cohen, appears to be taking the opposite approach, seeking in a pretrial motion to minimize mentions of the institution, which has garnered much negative publicity in recent years because of prominent dissidents like Remini. Some potential jurors have been dismissed based on their opinions of the church.

    “I think leaving the Church of Scientology out of it is a good plan,” said Emily D. Baker, a former Los Angeles County prosecutor who now works as a legal analyst and podcaster. “I don’t think the general public has an overwhelmingly positive view, I think there is a lot of skepticism.”

    Deputy District Attorney Reinhold Mueller, the lead prosecutor, may want to tread carefully on the subject too.

    “It can feel heavy handed when you have the government bringing someone’s religion into a prosecution,” said Baker, who is not involved in the case. “I think there is a careful line to be considered. The church is not on trial, you don’t want to give jurors a sense that you’re going after it.”

    Masterson is charged with three counts of rape by force or fear, which could mean up to 45 years in prison if if he’s convicted.

    At last year’s preliminary hearing, one woman testified that they were five years into a relationship when she woke to Masterson raping her one night in 2001.

    Another, a onetime friend of Masterson’s who had been born into Scientology, testified that, in 2003, he had taken her upstairs from the hot tub at his Los Angeles home and raped her in his bedroom.

    The third woman said Masterson raped her on a night in 2003 after texting her to come to his house. She testified she had set boundaries and was clear there was to be no sex.

    One of the women, Masterson’s friend, unhappy with the way the Scientology ethics board handled her complaint about him, filed a police report in 2004 that didn’t result in charges. In 2016, she connected and shared stories with the woman who says she was raped while in a relationship with Masterson. Each would file a police report that year. Masterson’s former girlfriend said she did so after telling her story to her husband, who helped her understand that she had been raped. The third woman went to police in 2017.

    Masterson’s then-attorneys suggested in their cross-examination of the women that all had retroactively reframed consensual sex as rape, and said the age of the incidents made accurate memories impossible.

    The Associated Press does not typically name people who say they were victims of sexual abuse unless they come forward publicly.

    Masterson was one of the first Hollywood figures to be prosecuted in the #MeToo era. His is one of several high-profile sexual assault cases that have gone to trial around the fifth anniversary of the reporting of accusations against Hollywood mogul Harvey Weinstein, which transformed the #MeToo movement into an international reckoning.

    Weinstein’s second rape and sexual assault trial — he’s already been convicted in New York — is happening simultaneously, just down the hall from Masterson’s. In New York, civil trials have begun for actor Kevin Spacey and for screenwriter and director Paul Haggis, who are both being sued for sexual assault.

    Haggis is himself a Scientology dissident, and the judge in that case is allowing him to argue that the church is behind the allegations against him.

    From 1998 until 2006, Masterson starred as Steven Hyde on Fox’s “That ’70s Show,” which made stars of Ashton Kutcher, Mila Kunis and Topher Grace and is getting an upcoming Netflix reboot with “That ’90s Show.”

    Masterson had reunited with Kutcher on the Netflix comedy “The Ranch” but was written off the show when an LAPD investigation was revealed in December 2017.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: https://twitter.com/andyjamesdalton

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  • Suit over rape claim against filmmaker Haggis heads to trial

    Suit over rape claim against filmmaker Haggis heads to trial

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    NEW YORK — Opening statements are expected Wednesday in a civil case brought by a publicist who accused Oscar-winning filmmaker Paul Haggis of raping her almost a decade ago.

    Jury selection began Monday in a Manhattan courtroom.

    The lawsuit was filed in 2017 as a wave of sexual misconduct accusations against prominent men was propelling the #MeToo movement to new visibility. At least four other women subsequently alleged that Haggis, a screenwriter known for “Crash” and “Million Dollar Baby,” sexually assaulted them or tried to do so.

    The New York lawsuit centers on publicist Haleigh Breest’s allegation that Haggis offered her a ride home from a movie premiere, invited her to his Manhattan apartment for a drink, rebuffed her suggestion that they go to a public bar instead, and then raped her at the apartment.

    The filmmaker, who declined to comment as he left court Monday, maintains that the encounter was consensual.

    His defense may also feature an allegation of sinister intrigue: His lawyers have suggested that the Church of Scientology engineered false accusations of sexual misdeeds to ruin Haggis, a former longtime member who became an outspoken critic.

    The church has said it had no involvement in the allegations against Haggis, and his accuser’s lawyers have called it “a shameful and unsupported conspiracy theory unworthy of any trial proceeding.”

    But Judge Sabrina Kraus ruled last month that Haggis’ lawyers can bring up Scientology, saying that “the jury is entitled to be informed of any possible motive (the) plaintiff may have and about the church’s efforts to discredit Haggis.”

    No criminal charges were filed in connection with Breest’s accusation. Her lawsuit could mean a financial penalty, but not prison or probation for Haggis if she prevails. She is seeking unspecified damages.

    After the suit was filed in late 2017, three other women told her attorneys and The Associated Press that Haggis had sexually assaulted them or attempted to do so. One said he had raped her. In response, his lawyer said Haggis “didn’t rape anybody.”

    Kraus ruled last month that those three women can also testify as part of Breest’s effort to demonstrate Haggis’ “intent and lack of consent.”

    Jurors won’t be allowed to hear that Haggis was detained for about two weeks at an Italian hotel in June while authorities investigated allegations that he sexually assaulted a woman there. Haggis was in Italy for an arts festival.

    Haggis’ Italian attorney said the filmmaker was innocent, and in early July, a judge released him while prosecutors considered whether to pursue their inquiry. The judge concluded that Haggis hadn’t engaged in “constrictive violent behavior,” according to the newspaper Corriere della Sera.

    The Associated Press does not usually name people alleging sexual assault unless they come forward publicly, as Breest has done.

    The Canadian-born Haggis wrote “Million Dollar Baby” and “Crash,” which won back-to-back Academy Awards for best picture in the mid-2000s. He also directed and was a producer of “Crash,” which garnered him and Bobby Moresco the best original screenplay Oscar in 2006. The next year, Haggis was nominated in the same category for “Letters from Iwo Jima.”

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  • ‘Flash’ actor Ezra Miller pleads not guilty to liquor theft

    ‘Flash’ actor Ezra Miller pleads not guilty to liquor theft

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    BENNINGTON, Vt. — Ezra Miller pleaded not guilty Monday to stealing bottles of liquor from a neighbor’s home, one of a string of arrests and reports of erratic behavior by the “Flash” actor that stretch from Hawaii to Vermont.

    Miller, 30, appeared Monday with their lawyer remotely from Burlington, Vermont, for the arraignment in Bennington to felony burglary and petit larceny, a misdemeanor. They accepted the conditions that they not have any contact with the homeowner or go to the residence.

    “Ezra would like to acknowledge the love and support they have received from their family and friends, who continue to be a vital presence in their ongoing mental health,” Miller’s lawyer Lisa Shelkrot said by email.

    If convicted, Miller faces a maximum of 26 years in prison. The next hearing on the matter is scheduled for Jan. 13.

    Vermont State Police responded to a burglary complaint in Stamford on May 1 and said they found that several bottles of alcohol had been taken from a residence while the homeowner was away.

    The homeowner said he had been friends with Miller for about 18 years and bought the home a year and half ago in the town, where Miller had also purchased a home, according to the police affidavit. Miller was charged after police consulted surveillance footage and interviewed witnesses.

    Miller was arrested twice this year in Hawaii, including for disorderly conduct and harassment at a karaoke bar.

    Also this year, the parents of 18-year-old Tokata Iron Eyes, a Native American activist, filed a protection order against Miller, accusing the actor of inappropriate behavior with her as a minor from the age of 12. Iron Eyes has disputed that.

    Miller stars in the upcoming film “The Flash,” expected to be out in June 2023, after appearing in several “Justice League” films for Warner Bros. and D.C. Films as the Flash. A representative for Warner Bros. did not immediately return an email seeking comment.

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  • Mel Gibson can testify at Harvey Weinstein trial, judge says

    Mel Gibson can testify at Harvey Weinstein trial, judge says

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    LOS ANGELES — Mel Gibson can testify about what he learned from one of Harvey Weinstein’s accusers, a judge ruled Friday in the rape and sexual assault trial of the former movie mogul.

    The 66-year-old actor and director was one of many witnesses, and by far the best known, whose identities were revealed in Los Angeles Superior Court. The judge and attorneys had taken a break from jury selection for motions on what evidence will be allowed at the trial, and who can testify. The witness list for the trial is sealed.

    Judge Lisa B. Lench ruled that Gibson can testify in support of his masseuse and friend, who will be known as Jane Doe #3 at the trial. Weinstein is accused of committing sexual battery by restraint against the woman, one of 11 rape and sexual assault counts in the trial against the 70-year-old.

    Prosecutors said that after getting a massage from the woman at a California hotel in Beverly Hills in May of 2010, a naked Weinstein followed her into the bathroom and masturbated. Weinstein has pleaded not guilty, and denied any non-consensual sexual activity.

    Weinstein’s attorneys argued against allowing Gibson to testify, saying that what he learned from the woman while getting a massage from her does not constitute a “fresh complaint” by the woman under the law by which Gibson would take the stand. A “fresh complaint” under California law allows the introduction of evidence of sexual assault or another crime if the victim reported it to someone else voluntarily and relatively promptly after it happened.

    Prosecutors said that when Gibson brought up Weinstein’s name by chance, the woman had a traumatic response and Gibson understood from her that she had been sexually assaulted. Gibson did not remember the timing of the exchange, but the prosecution will use another witness, Allison Weiner, who remembers speaking to both Gibson and the woman in 2015.

    Judge Lench said Gibson’s testimony will depend on how the accuser describes the exchange with him when she takes the stand, and she may choose to rule against it at that time.

    Weinstein attorney Mark Werksman then argued that if Gibson does take the stand, the defense should be allowed to cross-examine him about widely publicized antisemitic remarks Gibson made during an arrest in 2006, and about racist statements to a girlfriend that were recorded and publicized in 2010.

    Lench said a wider discussion of Gibson’s racism was not relevant to the trial, but she would allow questioning of whether he had a personal bias and animus toward Weinstein.

    Werksman argued that Gibson had such a bias both because Weinstein is Jewish, and because Weinstein published a book that criticized the depiction of Jews in the Gibson-directed 2004 film, “The Passion of the Christ.”

    “Any evidence of Mr. Gibson’s racism or antisemitism would give rise to a bias against my client, who challenged him,” Werksman said.

    The lawyer briefly, and mistakenly, said he thought the movie won a best picture Academy Award, but Weinstein, whose films once dominated the Oscars, shook his head as he sat at the defense table.

    “Sorry, my client would know better than I would,” Werksman said. “But it was an award-winning movie.”

    The defense also argued that Gibson was trying to whitewash his image by focusing on Weinstein’s wrongdoing and asserting himself as a champion of the #MeToo movement.

    The prosecution argued that Gibson had made no such suggestions about himself, and that at the time of the conversation with his masseuse he said he was discussing getting into a business deal with Weinstein, showing there was no such bias.

    Deputy District Attorney Marlene Martinez called Gibson’s past comments “despicable,” but said they had no relevance for the narrow purposes he would be called to the stand for.

    Gibson’s testimony raises the prospect of two of Hollywood’s once most powerful men, who have undergone public downfalls, facing each other in court.

    An email seeking comment from a representative for Gibson was not immediately returned.

    In one of several similar rulings Friday, Lench also found that “Melrose Place” actor Daphne Zuniga could testify in a similar capacity for a woman known at the trial as Jane Doe #4, whom Weinstein is accused of raping in 2004 or 2005.

    The Associated Press does not typically name people who say they have been sexually abused.

    Weinstein is already serving a 23-year sentence for a 2020 conviction for rape and sexual assault in New York. The state’s highest court has agreed to hear his appeal in that case.

    He was subsequently brought to Los Angeles for a trial that began Monday, five years after women’s stories about him gave massive momentum to the #MeToo movement.

    Friday’s arguments came a day after the premiere of the film “She Said,” which tells the story of the work of the two New York Times reporters whose stories brought Weinstein down.

    Weinstein’s attorneys previously sought to have the Los Angeles trial delayed because publicity from the film might taint the jury pool, but the judge denied their motion.

    The trial is expected to last eight weeks. The judge and attorneys will return to the jury selection process on Monday morning, and opening statements are expected to begin on Oct. 24.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

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  • California governor blocks Charles Manson follower’s parole

    California governor blocks Charles Manson follower’s parole

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    SACRAMENTO, Calif. — California’s governor blocked the parole of Charles Manson follower Patricia Krenwinkel on Friday, more than five decades after she scrawled “Helter Skelter” on a wall using the blood of one of their victims.

    Gov. Gavin Newsom said Krenwinkel, now 74, is still too much of a public safety risk to be freed.

    “Ms. Krenwinkel fully accepted Mr. Manson’s racist, apocalyptical ideologies,” Newsom said. “Ms. Krenwinkel was not only a victim of Mr. Manson’s abuse. She was also a significant contributor to the violence and tragedy that became the Manson Family’s legacy.”

    A two-member parole panel for the first time in May recommended that Krenwinkel be released, after she previously had been denied parole 14 times. Newsom has previously rejected parole recommendations for other followers of Manson, who died in prison in 2017.

    Krenwinkel became the state’s longest-serving female inmate when fellow Manson follower Susan Atkins died of cancer in prison in 2009. Her attorney, Keith Wattley, said he understands Krenwinkel is the longest-serving woman in the United States.

    She and other followers of the cult leader terrorized the state in the late 1960s, committing crimes that Newsom said “were among the most fear-inducing in California’s history.”

    She was convicted in the slayings of pregnant actor Sharon Tate and four other people in 1969. She helped kill grocer Leno LaBianca and his wife Rosemary the next night in what prosecutors say was an attempt by Manson to start a race war.

    Newsom agreed that she has been well-behaved in prison, has completed many rehabilitation and education programs and has “demonstrated effusive remorse.” But he concluded that “her efforts have not sufficiently reduced her risk for future dangerousness.”

    She still doesn’t have sufficient insight into what caused her to commit the crimes or her “triggers for antisocial thinking and conduct” during bad relationships, Newsom said.

    “Beyond the brutal murders she committed, she played a leadership role in the cult, and an enforcer of Mr. Manson’s tyranny. She forced the other women in the cult to obey Mr. Manson, and prevented them from escaping when they tried to leave,” he said.

    Wattley did not immediately respond to telephone and email messages seeking comment on Newsom’s decision.

    But Anthony DiMaria, nephew of Jay Sebring, one of Krenwinkel’s victims, had urged Newsom to block her release “due to the rare, severe, egregious nature of her crimes.” He said her actions incited “the entire Helter Skelter legacy that has caused permanent historical scars” and inspired at least two ritualized killings years later.

    New laws since Krenwinkel was last denied parole in 2017 required the parole panel to consider that she committed the murders at a young age and is now elderly.

    Also, for the first time, Los Angeles County prosecutors weren’t at the parole hearing to object, under District Attorney George Gascón’s policy that prosecutors should not be involved in deciding whether prisoners are ready for release.

    She and other participants were initially sentenced to death. But they were resentenced to life with the possibility of parole after the death penalty in California was briefly ruled unconstitutional in 1972.

    Krenwinkel was 19 and living with her older sister when she met Manson, then age 33, at a party during a time when she said she was feeling lost and alone.

    “He seemed a bit bigger than life,” she testified in May, and she started feeling “that somehow his take on the world was the right, was the right one.”

    She said she left with him for what she thought would be a relationship with “the new man in my life” who unlike others told her he loved her and that she was beautiful.

    Manson “had answers that I wanted to hear … that I might be loved, that I might have the kind of affection that I was looking forward to in my life,” she said.

    Instead, she said Manson abused her and others physically and emotionally while requiring that they trust him without question, testimony that led the parole panel to conclude that Krenwinkel was a victim of intimate partner battery at the time.

    It took about two years of traveling and drug use until he began emerging as “the Christ-like figure who was leading the cult” who began talking about sparking a race war and asking his followers, “would you kill for me? And I said yes.”

    Krenwinkel talked about during her 2016 parole hearing how she repeatedly stabbed Abigail Folger, 26, heiress to a coffee fortune, at Tate’s home on Aug. 9, 1969.

    The next night, she said Manson and his right-hand man, Charles “Tex” Watson, told her to “do something witchy,” so she stabbed La Bianca in the stomach with a fork, then took a rag and wrote “Helter Skelter,” ″Rise” and “Death to Pigs” on the walls with his blood.

    The bone-handled fork “was part of a set that we used at holidays … to carve our turkeys,” the couple’s nephew Louis Smaldino, told parole officials, calling Krenwinkel “a vicious and uncaring killer.”

    Sharon Tate’s sister, Debra Tate, the last surviving member of her immediate family, was among victims who dismissed Krenwinkel’s explanation that she was led to Manson by alcohol use and a non-supportive family while growing up.

    “We all come from homes with problems and didn’t decide to go out and brutally kill seven strangers,” Tate told parole officials.

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  • Gooding Jr. avoids jail in touching case, angering accusers

    Gooding Jr. avoids jail in touching case, angering accusers

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    NEW YORK — As Cuba Gooding Jr.’s forcible touching case faded to black Thursday with no jail time for the movie star, some of the dozens of women who have accused him of groping, unwanted kissing and other inappropriate behavior criticized the outcome as a slap on the wrist — and a slap in the face.

    The Oscar-winning actor turned #MeToo defendant avoided prison time by complying with the terms of a conditional plea agreement that saw him plead guilty to charges involving just one of what prosecutors have said were allegations from at least 30 women, many at New York City nightspots.

    Assistant Manhattan District Attorney Coleen Balbert told a judge Thursday that since the deal was reached in April, Gooding has stayed out of trouble and completed six months of alcohol and behavioral counseling. That enabled him to withdraw his misdemeanor guilty plea — for forcibly kissing a waitress at a Manhattan nightclub in 2018 — and instead plead guilty to a non-criminal harassment violation.

    That means no additional penalties and no criminal record for Gooding, the star of films such as “Jerry Maguire,” “Boyz N the Hood” and “Radio.”

    “This plea deal feels like a misstep,” said Kelsey Harbert, a neuroscience student whose allegation that Gooding groped her at a nightclub led to his 2019 arrest but wasn’t part of his guilty plea.

    “After three long years of trying to hold Mr. Gooding accountable for touching my breast without my consent, having my day in court taken away from me is more disappointing than words can say,” said Harbert, who was tearful at times as she spoke in court.

    Harbert’s lawyer, Gloria Allred, called the plea deal “an insult” to Gooding’s accusers and a “prosecutorial gift to a celebrity who is undeserving of such an outcome.”

    Balbert told Judge Curtis Farber that she has received “positive reports for the last six months” from Gooding’s therapist. Gooding started counseling in September 2019 and will continue with treatment beyond the time required by his plea agreement, Balbert said.

    If Gooding had failed to comply with the terms of the deal, he would have faced up to one year in jail.

    Arrested in 2019, Gooding was among a profusion of Hollywood heavyweights accused of wrongdoing in the #MeToo movement, which exploded five years ago this month.

    As Gooding was in court Thursday wrapping up his case, another Oscar-winning actor, Kevin Spacey, was on trial down the block in a civil lawsuit alleging that he sexually assaulted actor Anthony Rapp.

    Meanwhile, in Los Angeles, former studio boss Harvey Weinstein and “That 70’s Show” star Danny Masterson are in the midst of separate rape trials. Weinstein was convicted of similar charges in New York in 2020 and is serving a 23-year prison sentence.

    Gooding was arrested in June 2019 after Harbert told police he fondled her without her consent at Magic Hour Rooftop Bar & Lounge near Times Square.

    A few months later, prosecutors charged Gooding with pinching a server’s buttocks after making a sexually suggestive remark to her at TAO Downtown and the allegation to which he pleaded guilty — forcibly kissing a waitress at LAVO New York in midtown Manhattan, both in 2018.

    The LAVO waitress said in a victim impact statement that Gooding was facing “minimal repercussions” while his victims continued to deal with the emotional trauma of his actions.

    The TAO Downtown server asked, to no avail, that he be required to complete another six months of therapy to ensure that he changes his behavior and to send a “special message” to men that sexual assault and misconduct won’t be tolerated.

    Asked about the criticism, the Manhattan district attorney’s office referred to Balbert’s remarks in court in April in which she said prosecutors believed the plea deal to be a “fair and equitable disposition” that spared accusers from having to testify at trial and being subject to cross examination.

    Gooding said little in court Thursday, did not apologize to his accusers — as he did in April — and did not answer shouted questions from reporters as he hustled out of the courtroom.

    Asked to explain what he did, Gooding told Farber: “I kissed a waitress, your honor.”

    The waitress, in her victim impact statement, said Gooding forced his tongue into her mouth unexpectedly while she was serving drinks. In the statement, read into the record by Balbert, the waitress said she was aware of incidents involving Gooding and three other women at the club.

    Gooding had previously pleaded not guilty to six misdemeanor counts and denied all allegations of wrongdoing. His lawyers argued that overzealous prosecutors, caught up in the fervor of #MeToo, were trying to turn “commonplace gestures” or misunderstandings into crimes.

    Along with the criminal case, Gooding is a defendant in civil lawsuits, including one alleging he raped a woman in New York City in 2013. After a judge issued a default judgment in July because Gooding hadn’t responded to the lawsuit, the actor retained a lawyer and is fighting the allegations.

    The Associated Press does not typically identify people who say they are victims of sexual assault unless they grant permission, as Harbert has done.

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  • Harvey Weinstein goes on trial in LA, where he once reigned

    Harvey Weinstein goes on trial in LA, where he once reigned

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    LOS ANGELES — Five years after women’s stories about him made the #MeToo movement explode, Harvey Weinstein is going on trial in the city where he once was a colossus at the Oscars.

    Already serving a 23-year sentence for rape and sexual assault in New York, the 70-year-old former movie mogul faces different allegations including several that prosecutors say occurred during a pivotal Oscar week in Los Angeles. Jury selection for an eight-week trial begins Monday.

    Weinstein has been indicted on four counts of rape and seven other sexual assault counts involving five women, who will appear in court as Jane Does to tell their stories. He has pleaded not guilty.

    Four more women will be allowed to take the stand to give accounts of Weinstein sexual assaults that did not lead to charges, but which prosecutors hope will show jurors he had a propensity for committing such acts.

    Starting in the 1990s, Weinstein, through the company Miramax that he ran with his brother, was an innovator in running broad and aggressive campaigns promoting Academy Award nominees. He had unmatched success, pushing films like “Shakespeare in Love” and “The Artist” to best picture wins and becoming among the most thanked men ever during Oscar acceptance speeches.

    Miramax and its successor The Weinstein Co. were based in New York, where Weinstein lived and did business, but that didn’t diminish his presence in Hollywood.

    “He was a creature of New York, but he was also a creature of Los Angeles,” said Kim Masters, editor at large for The Hollywood Reporter and a longtime observer of the movie industry. “He had this huge Golden Globes party that was always well beyond capacity when he was in his heyday. He was the King of Hollywood in New York and LA.”

    It was during Oscars week in 2013, when Jennifer Lawrence would win an Academy Award for the Weinstein Co.’s “Silver Linings Playbook” and Quentin Tarantino would win for writing the company’s “Django Unchained,” that four of the 11 alleged crimes took place.

    Like most of the incidents in the indictments, they happened under the guise of business meetings at luxury hotels in Beverly Hills and Los Angeles, which Weinstein used as his California headquarters and where he could be seen during awards season and throughout the year. He was treated as more than a VIP. At a pre-trial hearing, the chauffeur who drove Weinstein around Los Angeles testified that even he was allowed to take as much as $1,000 in cash in Weinstein’s name from the front desk of the hotel where the mogul was staying.

    By the time stories about him in The New York Times and The New Yorker in October of 2017 brought about his downfall, Weinstein’s power to seemingly will films to win awards had diminished, and his company had fallen into financial trouble.

    “His stature changed, he was no longer the king of Oscar, which was really what made him vulnerable,” Masters said.

    The Los Angeles trial is likely to be far less of a spectacle than the New York proceedings, and not merely because it’s a sequel and Weinstein is already serving a long sentence.

    Foot traffic is sparse and there is no grand entrance at the downtown LA courthouse that’s hosting the trial. Weinstein will not be visible to any media horde or protesters outside as he was in Manhattan, as he’ll be ushered into the courtroom straight from jail — once he’s changed form his prison garb into a suit — across a short hallway where no cameras are allowed that could capture him.

    Only a dozen reporters, including two sketch artists, will be allowed into the small courtroom each day, compared to several dozen in New York.

    Weinstein will also be represented by different lawyers in Los Angeles, Alan Jackson and Mark Werksman. They have expressed worries that the movies may play a role in trial.

    The film “She Said,” which fictionalizes the work of two New York Times reporters and their bombshell stories on Weinstein, is set to be released midway through the trial on Nov. 18.

    Weinstein’s lawyers lost a bid to have the proceedings delayed over the film, with the judge rejecting their argument that publicity surrounding it would prejudice a potential jury against him.

    “This case is unique,” Werksman said at a pretrial hearing. “Mr. Weinstein’s notoriety and his place in our culture at the center of the firestorm which is the #MeToo movement is real, and we’re trying to do everything we can to avoid having a trial when there will be a swirl of adverse publicity toward him,” Werksman said at a pretrial hearing.

    Weinstein’s trial is one of several with #MeToo connections that have begun or are about to begin as the fifth anniversary of the movement’s biggest moment passes, including the rape trial of “That ‘70s Show” actor Danny Masterson just down the hall from Weinstein’s and the New York sexual assault civil trial of Kevin Spacey.

    ———

    Follow AP Entertainment Writer Andrew Dalton on Twitter: twitter.com/andyjamesdalton

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  • ‘Fake heiress’ released to house arrest, fights deportation

    ‘Fake heiress’ released to house arrest, fights deportation

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    NEW YORK — Phony socialite and convicted swindler Anna Sorokin, whose scheme inspired a Netflix series, has been released from U.S. immigration custody to house arrest, immigration officials and her spokesperson said.

    Anna Sorokin is on home confinement in New York City, said her spokesperson, Juda Engelmayer.

    “Anna now has her opportunity to demonstrate her commitment to growing and giving back and being a positive impact on those she meets,” Engelmayer said in a statement. “She has hurdles before her, and she will navigate them with strength and determination, using her experiences and lessons learned.”

    U.S. Immigration and Customs Enforcement confirmed her release. Sorokin, 31, is fighting deportation to Germany.

    She was convicted in 2019 of conning $275,000 from banks, hotels and swank New Yorkers into financing her deluxe lifestyle.

    Using the name Anna Delvey, she passed herself off as the daughter of a German diplomat, or an oil baron, and lied about having a $67 million (68 million euro) bankroll overseas to create the impression that she could cover her debts, prosecutors said.

    Her trial lawyer said she simply got in over her head as she tried to start a private arts club and had planned to pay up when she could.

    The case became the basis for the Netflix series “Inventing Anna,” released this year.

    After serving three years behind bars, Sorokin was released last year and then detained by immigration authorities. They argue that she has overstayed her visa and must be returned to Germany.

    An immigration judge cleared the way Wednesday for Sorokin to be released to home confinement while the deportation fight plays out. She is wearing an ankle monitor and had to post a $10,000 bond, provide an address where she’ll stay, and agree not to post on social media.

    Her current attorney, Duncan Levin, said Wednesday that Sorokin wants to focus on appealing her conviction.

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  • Kevin Spacey faces civil trial on sexual assault claims

    Kevin Spacey faces civil trial on sexual assault claims

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    NEW YORK — Kevin Spacey heads to court Thursday to defend himself in a lawsuit filed by Anthony Rapp, the actor who in 2017 made the first in a string of sexual misconduct allegations that left the “House of Cards” star’s theater and filmmaking career in tatters.

    The trial, expected to last less than two weeks, will focus on an alleged encounter between the two men in New York City in 1986, when Rapp was a blossoming child actor and Spacey, then 26, was having a breakout moment on Broadway.

    Rapp, who was 14 at the time, said the older actor invited him to a party at his Manhattan apartment, then tried to seduce him in a bedroom after the other guests had left.

    He said a drunk, swaying Spacey swept him up in his arms, like a groom carrying a bride, then laid him on a bed and climbed on top of him. Rapp said he quickly wriggled away and left, then kept quiet about what happened for three decades as both actors saw their careers take off.

    When Rapp told his story to Buzzfeed in 2017 as the #MeToo movement began to grip Hollywood, Spacey said he had no recollection of the incident, “but if I did behave then as he describes, I owe him the sincerest apology for what would have been deeply inappropriate drunken behavior.”

    Since then, though, Spacey’s legal team has said the accusation is false. Rapp never attended the party, they said. And even if it had happened as Rapp described, they have argued, it wouldn’t constitute a sexual advance.

    Jury selection for the trial begins Thursday, with opening statements to follow. Rapp wants compensation for mental and emotional suffering, medical expenses and loss of work.

    The trial comes at a fraught time for Spacey, now 63.

    Three months ago he pleaded not guilty in London to charges that he sexually assaulted three men between 2004 and 2015 when he was the artistic director at the Old Vic theater.

    A judge in Los Angeles this summer approved an arbitrator’s decision to order Spacey to pay $30.9 million to the makers of the Netflix show “House of Cards” for violating his contract by sexually harassing crew members.

    Those setbacks followed some victories for Spacey, who has recently been acting in films again.

    In 2019, prosecutors in Massachusetts dropped indecent assault and battery charges that had been filed after a man claimed Spacey had groped him at a Nantucket bar. Spacey said he was innocent. His accuser also dropped a civil lawsuit.

    Spacey won an Academy Award for Best Actor for his role in “American Beauty,” a 1999 film in which he played a frustrated suburban father who lusts after his teenage daughter’s best friend.

    Rapp, who as a teenager acted in films including “Adventures in Babysitting,” was part of the original Broadway cast of “Rent,” and is now a regular on “Star Trek: Discovery” on television.

    Both Rapp and Spacey are expected to testify at the trial.

    Other witnesses will likely include a psychologist who believes Rapp currently experiences post-traumatic stress disorder as a result of the encounter with Spacey.

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  • Jolie details Brad Pitt abuse allegations in court filing

    Jolie details Brad Pitt abuse allegations in court filing

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    LOS ANGELES — A court filing Tuesday from Angelina Jolie alleges that on a 2016 flight, Brad Pitt grabbed her by the head and shook her then choked one of their children and struck another when they tried to defend her.

    The descriptions of abuse on the private flight came in a cross-complaint Jolie filed in the couple’s dispute over a French home and winery they co-owned that is separate from their ongoing divorce, which she sought soon after.

    A representative for Pitt, who was not authorized to speak publicly, strongly denied Jolie’s allegations and called them “another rehash that only harms the family.”

    The allegations of abuse on the plane first became public shortly after the flight, but reports were initially vague and details were kept sealed in divorce documents and investigations by the FBI and Los Angeles County Department of Children and Family Services, both of which found that no action against Pitt was necessary.

    A judge gave Pitt 50-50 custody of the children after a closed-door trial in which the allegations were aired. But an appeals court subsequently disqualified the private judge for not disclosing possible conflicts of interest after a motion from Jolie, nullifying the decision.

    More details of the allegations were revealed earlier this year when a Jolie lawsuit against the FBI over a Freedom of Information Act request was made public.

    The New York Times first reported the court filing.

    The filing says that on Sept. 14, 2016, Jolie, Pitt and their six children were traveling from the winery, Chateau Miraval, to Los Angeles.

    “Pitt’s aggressive behavior started even before the family got to the airport, with Pitt having a confrontation with one of the children. After the flight took off, Jolie approached Pitt and asked him what was wrong,” the filing says. “Pitt accused her of being too deferential to the children and verbally attacked her.”

    Later, it says, “He pulled her into the bathroom and began yelling at her. Pitt grabbed Jolie by the head and shook her, and then grabbed her shoulders and shook her again before pushing her into the bathroom wall.”

    One of the children, who were between 8 and 15 years old at the time, verbally defended Jolie, the countersuit says, and Pitt lashed out.

    “Pitt lunged at his own child and Jolie grabbed him from behind to stop him. To get Jolie off his back, Pitt threw himself backwards into the airplane’s seats injuring Jolie’s back and elbow,” the filing says. “The children rushed in and all bravely tried to protect each other. Before it was over, Pitt choked one of the children and struck another in the face.”

    The document says he subsequently poured beer on Jolie and poured beer and red wine on the children.

    Jolie’s gave an account of the flight to two FBI investigators in the days that followed. It appeared in a heavily redacted report later released by the agency.

    It included a photo of a bruise on Jolie’s elbow and a “rug-burn type injury” on her hand. In it she said that she had seen Pitt have two to three drinks, but said he appeared articulate and not intoxicated.

    The investigators met with federal prosecutors, and “It was agreed by all parties that criminal charges in this case would not be pursued due to several factors,” the report says.

    An FBI statement said it has “conducted a review of the circumstances and will not pursue further investigation.”

    The 47-year-old Oscar-winning actor and director Jolie and the 58-year-old Oscar-winning actor Pitt were among Hollywood’s most prominent couples for 12 years.

    They had been romantic partners for a decade when they married in 2014. Jolie filed for divorce in 2016, and a judge declared them single in 2019, but the divorce case has not been finalized with custody and financial issues still in dispute.

    ———

    Associated Press Entertainment Writer Anthony McCartney contributed to this report.

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  • Civil rights lawyer John Burris confronts police narratives

    Civil rights lawyer John Burris confronts police narratives

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    OAKLAND, Calif. — Before John Burris became the go-to lawyer for Northern California families grieving a loved one killed by police, the civil rights legend was a child suspicious of the Santa Claus narrative.

    He didn’t understand why Santa was white. He was confused by Santa’s modus operandi — landing on rooftops to slide down chimneys to deliver presents? The Burris family had no chimney.

    “I could not accept it,” he said, “because it didn’t make sense to me.”

    For nearly 50 years, the San Francisco Bay Area native has poked holes into narratives that did not add up, namely those of law enforcement accused of using excessive force. He estimates he has represented more than 1,000 victims of police misconduct, in California and elsewhere.

    He helped win a civil jury verdict of $3.8 million for the late Rodney King, a Black motorist whose 1991 beating by four Los Angeles police officers — captured on grainy camcorder video — shocked a public unaware of the brutality routinely inflicted on Black people. His practice also negotiated nearly $3 million for the family of Oscar Grant, a young Black man killed by a Bay Area transit officer in 2009 in one of the first police shootings recorded on cellphone.

    But Burris prides himself on the smaller cases that have made up his career, and even at 77, he still travels to stand with clients at news conferences. Video evidence has helped enormously in altering public opinion, legal observers say, but so have attorneys like Burris who refuse to stop pushing, one police department at a time.

    “The police were untouchable,” said retired U.S. Northern California Judge Thelton Henderson. “John was a part of changing all of that, changing and showing what the police department is like.”

    As Burris prepares to hand the reins of his practice to a younger generation, he sat for interviews with The Associated Press and reflected on a career that started with accounting before landing on police accountability as a way to improve his community.

    Burris grew up in the working-class city of Vallejo, the oldest of six.

    DeWitt Burris was a tool room mechanic at a naval shipyard with side businesses in landscaping and fruit-picking, which John Burris did not enjoy. Imogene Burris was a psychiatric nurse technician at a state hospital who taught her children that everyone deserved fair treatment.

    John Burris was a big reader and as the Civil Rights era progressed, a speech class at Solano Community College showed him that people listened to what he had to say. He later graduated with advanced degrees in business and law from the University of California, Berkeley, yearning to do more.

    It bothered him that the proud men he admired, including his father and uncles, had served in the U.S. Navy but in menial roles because of their race. It burned him to learn, as a lawyer, that police beat and belittled Black fathers in front of their children.

    “Police didn’t have to do certain things,” Burris said. “I could see how Black men were treated in the criminal justice system. I understood it was the destruction of the African American family that was taking place.”

    San Francisco Mayor London Breed, 48, grew up in public housing and recalled Burris as someone the Black community could go to for help.

    “There were certain attorneys that had a solid reputation, and he was one of them,” she said. “It was a big deal that he was African American.”

    Now, prospective clients crowd into the small waiting area of his law firm before they’re ushered into a conference room with expansive views of west Oakland.

    The walls are studded with news articles chronicling legal achievements, proclamations of honor, and court illustrations of significant trials. One section is dedicated to Rosa Parks, the late U.S. Rep. John Lewis, and other civil rights heroes.

    “I cannot be tired, I cannot quit,” Burris said, “because they did not quit.”

    Rodney King’s first pick to represent him in his civil case was Johnnie Cochran, but the assistant who took the call at Cochran’s office said the lawyer was tied up for several months. (“Obviously he was furious when he found out about this,” Burris said.) The case went to Milton Grimes, who pulled in Burris for his expertise in police brutality.

    Burris recalls King as a regular guy unable to handle a media frenzy that relentlessly cast him in a negative light. Close friends called him by his middle name, Glen.

    “He never got to the point of being able to handle being Rodney King,” Burris said. “He wanted to be Glen.”

    He represented Tupac Shakur in a lawsuit against the Oakland Police Department after two officers stopped him for jaywalking and mocked his name, infuriating the late rapper. (“Tupac was a difficult guy to handle because he didn’t follow directions well,” Burris said.)

    His profile grew throughout the 1990s, with regular appearances on television as a commentator during the O.J. Simpson murder trial.

    In 1996, Burris received his only disciplinary mark with the State Bar of California when his license was suspended for 30 days over ethical violations. He said he should have maintained closer supervision of a growing staff that sent out misleading mailers to victims of mass disasters. He also admitted to bouncing a check to another lawyer and failing to file lawsuits on time for two clients.

    Perhaps his greatest achievement was in reforming the Oakland Police Department, the result of a class-action lawsuit he and attorney Jim Chanin filed in 2000 against a rogue unit that planted drugs and made false arrests. The Oakland “Riders” case resulted in the department coming under federal oversight for nearly two decades as it slowly implemented dozens of reforms.

    The reforms included collecting racial data on stops of motorists, and reporting and investigating when officers used force. Burris met with the police department and federal monitor at least once a month, and in recent years without pay — “a testament to his not being in this just for money,” said Oakland Police Chief LeRonne Armstrong.

    Lawyers trained or mentored by Burris say he uses a different scale than other attorneys when weighing potential cases.

    “He’s like, ‘What is the principle of this?’” said Oakland attorney Adante Pointer. “There might not be a bunch of money. But you know you’re going to make a world of difference in someone’s life.”

    Not everyone appreciates his knack for publicity, even if they admire his legal skills.

    “I think it stirs up public sentiment unfairly. If he feels he has a viable civil case, the courtroom is where it should play out,” said Michael Rains, a Bay Area attorney who regularly defends police.

    But Robert Collins is among clients who say the attorney provides invaluable guidance in a world where police usually dictate the narrative.

    In December 2020, Collins’ stepson Angelo Quinto died after Antioch police rolled him on his stomach, pressed a knee to his neck and cuffed him. Police said that Quinto, who was in psychological distress, was combative and on drugs when he was neither, the family said.

    At a recent news conference, Burris blasted Contra Costa County District Attorney Diana Becton’s decision not to criminally charge the officers. He comforted family members with hugs.

    “Having somebody of John’s caliber, with that much experience, is really, really helpful. Because it lets you know that you’re not going crazy,” Collins said.

    Burris has promised to slow down and this summer, reorganized his solo practice to add law partners.

    His wife of two decades, Cheryl Burris, recently retired from teaching at the School of Law at North Carolina Central University, a historically Black university. Both are active in mentoring Black youth.

    He marvels at the changes, from a time when the public insisted Rodney King was the villain to George Floyd, whose death sparked global outrage. But shootings, racial profiling, and inadequate response to mental health emergencies will continue without pressure for reform, he said.

    “I know they don’t have a lot of people who speak for them,” he said of his clients. “I feel very fortunate that I can be their champion, if you will, and be their go-to person.”

    ———

    AP researcher Rhonda Shafner contributed to this report.

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