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A Florida judge ordered rapper Kodak Black to drug rehab for 30 days on Tuesday (Feb. 28) after he allegedly tested positive for fentanyl while awaiting trial on a drug trafficking charge.
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Broward County Judge Barbara Duffy allowed the performer to remain free until March 7 so he could perform at the Rolling Loud concert near Los Angeles over the weekend, The Miami Herald reported.
Duffy had earlier issued a warrant for his arrest. The 25-year-old performer had missed a court-ordered drug test on Feb. 3 and then tested positive on Feb. 8. He is awaiting trial from a July arrest on a charge of trafficking oxycodone. He has pleaded not guilty.
“You better get it together,” Duffy told the 25-year-old performer, whose real name is Bill Kapri.
During the hour-long hearing, the singer’s lawyer, Bradford Cohen, suggested that a star-struck drug lab technician may have mixed up the sample or paperwork. The tech who took the sample admitted that is possible.
But when Duffy suggested the singer have his hair tested, the defense declined. A hair test could detect drug use back 90 days compared to the few days urine and blood tests typically capture.
In January 2020, then-President Donald Trump commuted a three-year federal prison sentence the rapper had for falsifying documents used to buy weapons. Black had served about half his sentence.
Black is nominated for the iHeartRadio Music Awards’ hip-hop artist of the year and has sold more than 30 million singles, with massive hits such as “Super Gremlin,” which reached number three on the Billboard Hot 100 last year.
Evan Rachel Wood is strongly denying allegations that she “manipulated” Ashley Morgan Smithline into making allegations of rape against Marilyn Manson.
Days after Smithline made those explosive accusations, Wood filed her own declaration in Los Angeles Court on Monday (Feb. 27), saying she had proof that it was Smithline who had first contacted her with accusations against Manson (real name Brian Warner), not vice-versa.
“I never pressured or manipulated Ashley Morgan Smithline to make any accusations against plaintiff Brian Warner, and I certainly never pressured or manipulated her to make accusations that were not true,” Wood wrote in the filing.
Wood attached screenshots of purported text message conversations, including one in which Smithline told her “I have no reason to make this up!” Another set of messages read: “Just know you set me free. By listening. I love you.”
“Ms. Smithline has always told me that she was abused by Mr. Warner,” Wood wrote.
Smithline and Wood are two of several women to accuse Manson of serious sexual wrongdoing over the past two years. After Wood posted her allegations to Instagram in February 2021, lawsuits quickly followed from Smithline, Manson’s former assistant Ashley Walters, Game of Thrones actress Esmé Bianco and two Jane Doe accusers.
Manson has denied all of the allegations, and the cases by Smithline, Walters and Bianco have since been dropped or dismissed. Now, Manson is pursuing his own defamation lawsuit, claiming that Wood and another woman, Illma Gore, had “secretly recruited, coordinated, and pressured prospective accusers to emerge simultaneously” with false accusations against him.
In a filing last week in that defamation case, Smithline made her bombshell accusations about “manipulation” against Wood: “I succumbed to pressure from Evan Rachel Wood and her associates to make accusations of rape and assault against Mr. Warner that were not true.”
In a response on Monday, Wood’s lawyers submitted Wood’s declaration stating that she had never coerced Smithline. They also filed formal arguments urging the judge to ignore Smithline’s new declaration, calling it nothing more than a “bad-faith attempt” by Manson’s lawyers to save his “meritless” defamation lawsuit against Wood from being dismissed.
“Documented evidence shows that it was Smithline who reached out to Wood about plaintiff’s abuse more than a year before Smithline now claims defendants somehow convinced her that she was abused,” Wood’s lawyers wrote.
In a statement to Billboard on Tuesday in response to Wood’s new filings, Manson’s attorney Howard King said: “It is unsurprising that Evan Rachel Wood is desperately fighting to keep Ashley Smithline’s testimony out of court – because she knows the truth will expose her plot to manipulate the women who trusted her in order to destroy Brian Warner.”
On top of denying Smithline’s accusations about manipulation, Monday’s filings from Wood and her attorneys also came with explosive new allegations of their own.
In a separate declaration, a supposed friend of Smithline named Karl Neilson stated that he was in possession of a voicemail from July 2022 in which Smithline had told him that Manson’s lawyer, King, had improperly reached out to her directly to discuss the case — and that she was worried he was trying to get her to flip on Manson’s other accusers.
“I have not called back, obviously. Obviously, it’s very clear that a lawyer legally shouldn’t and can’t call me without calling my lawyer directly,” Smithline allegedly said in the voicemail to Neilson.
“The only reason why he would be calling me at all, a week ago, and leaving a message is that he thinks I’m the weak link, and he might want to settle with me to turn on the other girls, and say that it was all, like, a ruse,” Smithline allegedly said in the voicemail to Neilson.
In his statement to Billboard on Tuesday, King flatly denied that he had improperly reached out to Smithline.
“I never discussed Ashley Smithline’s claims against Brian Warner until after she had reached out to me and terminated her counsel,” King said. “Moreover, when Ms. Smithline recently spoke with me for almost two hours, we taped the conversation in full and that recording proves that every single thing in her declaration was taken from her words, not mine.”
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Lady Gaga somehow finds herself on the receiving end of a lawsuit over the theft of her French bulldog, Adam Levine accuses a classic car dealer of selling him a fake Maserati, one of Marilyn Manson’s accusers recants her abuse allegations, and much more.
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THE BIG STORY: Lady Gaga Sued Over Dog Theft Reward
A woman named Jennifer McBride says she deserves a huge reward for returning Lady Gaga’s bulldogs after they were stolen at gunpoint – even though she was also convicted of a criminal charge in connection with the high-profile dognapping.
In a lawsuit filed last week in Los Angeles, McBride demanded that Gaga hand over a $500,000 reward she offered for the safe return of the dogs after the violent 2021 incident. It was McBride, after all, who delivered the dogs to the Los Angeles Police Department two days after Gaga’s dog walker Ryan Fischer was shot and nearly killed.
But there’s one small detail McBride’s lawyers left out of the complaint: In December, she pleaded no contest to receiving stolen property in connection with the dognapping, receiving a sentence of two years of probation.
McBride’s lawyers say it doesn’t matter: That Gaga made a binding “unilateral” offer to pay the reward in return for the safe return of the dogs with “no questions asked” — and McBride took her up on the proposal when she did so. Whether that argument will fly before a judge remains to be seen.
For a full breakdown of McBride’s case — including her full complaint and her arguments that she “fully performed her obligation” to Gaga — go read our entire story here.
Other top stories this week…
ADAM LEVINE’S FAKE MASERATI – Attorneys for Adam Levine filed a lawsuit claiming that a classic car dealer defrauded him by selling him a fake version of an uber-rare Maserati worth a whopping $850,000. The star’s attorneys say the seller took “active steps” to conceal red flags about the car, like phony stamped markings on its chassis.
MARILYN MANSON ACCUSER RECANTS – Ashley Morgan Smithline, a woman who previously sued Marilyn Manson for sexual assault, filed an explosive new document stating that her allegations against the rocker were untrue. Instead, Smithline claimed she had been “manipulated” by Manson’s ex-girlfriend, Evan Rachel Wood. A rep for Wood strongly denied the allegations.
ARREST WARRANT FOR KODAK BLACK – A Florida judge issued an arrest warrant for Kodak Black for failing a drug test while on bail for a drug charge. The rapper, facing trial over an oxycodone trafficking charge, allegedly failed to appear for a scheduled drug test in February and then days later submitted a sample that tested positive for fentanyl.
PRE-TRIAL SHOWDOWN OVER SHEERAN TAPE – Lawyers for Ed Sheeran’s copyright accusers fired back at the star’s efforts to ban an infamous YouTube clip from an upcoming trial over whether “Thinking Out Loud” infringed Marvin Gaye‘s “Let’s Get It On,” calling the video “among the most important and critical evidence in this case.”
NIPSEY HUSSLE KILLER GETS 60+ YEARS – A Los Angeles judge sentenced Eric Ronald Holder Jr. to at least 60 years in prison for gunning down rapper Nipsey Hussle. Holder was convicted in July of premeditated murder over the March 2019 shooting at a Los Angeles strip mall.
LIL PEEP WRONGFUL DEATH CASE SETTLED – The mother of late rapper Lil Peep reached a settlement in her wrongful death lawsuit against her son’s former label and management company, First Access Entertainment (FAE). The lawsuit claimed that Peep’s management team provided him with drugs and kept pushing him to perform even though he was “barely able to communicate.” Terms of the deal were not disclosed.
ACCUSER SAYS NICK CARTER AIMS TO “SILENCE” HER – Shannon “Shay” Ruth, a woman suing Nick Carter over accusations that he raped her in 2001, blasted the Backstreet Boys member for filing a defamation countersuit against her. In a so-called anti-SLAPP motion, Ruth said Carter’s countersuit had “no other purpose than to harass, intimate, and potentially silence plaintiff.”
FESTIVAL ORGANIZERS GO TO PRISON – Aaron McCreight and Doug Hargrave, two former Iowa tourism executives, were each sentenced to more than a year in prison after pleading guilty to bank fraud charges related to Newbo Evolve, a failed 2018 music festival headlined by Maroon 5 and Kelly Clarkson. The pair admitted to lying to a Cedar Rapids bank about projected ticket sales to secure more funding, even as the event appeared headed toward big losses.
BRONX RAPPER CHARGED WITH MURDER – Bronx drill rapper Kay Flock was charged by federal prosecutors with murder and racketeering along with seven other members of two Bronx street gangs, stemming from seven shootings in New York between June 2020 and February 2022. Flock faces a “mandatory life in prison or death” if convicted.
KELLY AVOIDS LENGTHY ADD-ON SENTENCE – A federal judge in Chicago sentenced R. Kelly to 20 years in prison for his convictions of child pornography and the enticement of minors for sex, but said the singer would serve all but one year simultaneously with an earlier 30-year sentence imposed last year on separate racketeering charges. The upshot is that Kelly is facing 31 years total and will be eligible for release at around age 80.
A woman criminally charged over the theft of Lady Gaga’s French bulldogs is now suing the superstar, demanding that Gaga pay her a $500,000 “no questions asked” reward that the singer allegedly offered for the return of the dogs.
The lawsuit was filed by Jennifer McBride, who pleaded no contest in December to receiving stolen property in connection with the violent incident, in which Gaga’s dog walker Ryan Fischer was shot and nearly killed.
In a complaint filed Friday (Feb. 24) in Los Angeles court, McBride’s attorney argued that Gaga made a binding “unilateral” offer to pay the reward in return for the safe return of the dogs — and that McBride had taken her up on the proposal.
“Plaintiff accepted defendants’ unilateral offer by contacting defendants, and delivering Lady Gaga’s bulldogs to defendants at the Los Angeles Police Department,” McBride’s lawyer K.T. Tran wrote in the lawsuit. “Plaintiff has fully performed her obligation under the unilateral contract.”
A rep for Lady Gaga, whose real name is Stefani Germanotta, did not immediately return a request for comment on Monday.
McBride is one of five people charged over the Feb. 24, 2021 gunpoint dognapping of Gaga’s bulldogs, Koji and Gustav. Prosecutors say the singer was not specifically targeted, and that the group was merely trying to steal French bulldogs, which can be worth thousands of dollars.
McBride returned the dogs to police days later, claiming she’d found the animals tied to a pole and asking about the reward. While police initially told the media that McBride appeared to be “uninvolved and unassociated” with the crime, she was later connected to the thieves and charged with one count of receiving stolen property and one count of being an accessory after the fact. In December, she pleaded no contest to the property charge and was sentenced to two years of probation.
James Howard Jackson, the man who shot Fischer during the robbery, took a plea deal in December and was sentenced to 21 years in prison.
In her lawsuit on Friday, McBride accused Gaga not only of breaching an agreement but also of defrauding her with the claim of a “no questions asked” reward.
“The truth was that defendants intended to have its agents and/or law enforcement to ask questions of Plaintiff regarding the circumstances surrounding Plaintiff’s return of Lady Gaga’s French bulldogs,” her lawyer wrote. “The truth was that Defendants never intended to pay the reward money to Plaintiff.
McBride is seeking the $500,000 reward and another $1.5 million in damages.
A Florida judge has issued an arrest warrant for rapper Kodak Black for failing a drug test while on bail for a drug charge, court records show.
The warrant was issued Thursday after Black, whose legal name is Bill Kapri, did not appear for a scheduled drug test in early February and then days later submitted a sample that tested positive for fentanyl, according to records.
Broward County Judge Barbara Duffy issued the warrant and wrote that the rapper had violated the conditions of his pretrial release for an oxycodone trafficking charge from July. At the time, Black was pulled over by the Florida Highway Patrol (FHP) for suspected illegal window tint. After smelling marijuana and searching his SUV, police said they found 31 oxycodone pills and $74,960 in cash, according to an FHP press release. A record check also revealed that Black’s vehicle tag and driver’s license were both expired.
Black had pleaded not guilty to the trafficking charge. At the time, the rapper’s attorney Bradford Cohen told Billboard, “Never judge a case based on an arrest. There are facts and circumstances that give rise to a defense, especially in this case. We negotiated a bond of 75,000 and we will move forward with resolving the matter quickly.”
In January 2020, then-President Donald Trump commuted a three-year federal prison sentence the rapper had for falsifying documents used to buy weapons. Black had served about half his sentence.
Black is nominated for the iHeartRadio Music Awards’ hip-hop artist of the year and has sold more than 30 million singles, with massive hits such as “Super Gremlin,” which reached number three on the Billboard Hot 100 last year.
Lawyers for Ed Sheeran’s copyright accusers are firing back at the star’s efforts to ban an infamous YouTube clip from an upcoming trial over “Thinking Out Loud,” calling the video “among the most important and critical evidence in this case.”
With a trial looming in April over whether Sheeran’s smash hit infringed Marvin Gaye‘s “Let’s Get It On,” a pre-game showdown is brewing over whether jurors will get to watch the YouTube video. In it, Sheeran draws cheers at a 2014 concert by seamlessly toggling between the two songs.
Earlier this month, the star’s lawyers argued that the clip will confuse jurors. While such a performance might appear to be evidence of illegal copying, Sheeran’s lawyers argued that it really only showed that both songs feature a common chord progression that’s “freely available to all songwriters.”
But in a response on Thursday (Feb. 23), lawyers for Sheeran’s accusers said the clip was obviously relevant to the core dispute in the case: whether “Thinking Out Loud” shares enough similarities with “Let’s Get It On” to constitute copyright infringement.
“The video of the medley at issue provides helpful guidance to highlight and/or illustrate those similarities and why they are significant,” attorney Patrick Frank wrote. “The medley which defendants belatedly seek to exclude from admission at trial … is among the most important and critical evidence in the case.”
The current case against Sheeran was filed way back in 2017 by heirs of Ed Townsend, who co-wrote “Let’s Get It On.” Gaye’s heirs, who once famously sued Robin Thicke over accusations that his “Blurred Lines” was stolen from the legendary singer, are not involved in the case.
Sheeran’s lawyers have long argued that the star did nothing wrong, since “Thinking Out Loud” and “Let’s Get It On” share only “unprotectable and commonplace elements” that are not covered by copyright law. But Judge Louis D. Stanton has repeatedly refused to decide the case in their favor, ruling that the dispute is close enough that it must be decided by a jury.
In the lead-up to the trial, attorneys for the Townsend heirs filed a formal notice that they planned to play the YouTube clip for jurors. In the video — a six-minute snippet of a November 2014 concert in Zurich, Switzerland that’s been viewed nearly 300,000 times — Sheeran abruptly switches from “Thinking” to “Let’s” and back again, drawing huge cheers from the crowd.
In Thursday’s new filing, those same lawyers pointed out that the judge overseeing the case previously singled out the YouTube clip as potential evidence that might resonate with jurors, saying they “may be impressed” by the footage. “Presumably, if the court believed that the video … would be improper for a jury to view at trial, the court would have been reticent to state a jury’s possible interest in the same,” the Townsend lawyers wrote this week.
In seeking to exclude the clip, Sheeran’s lawyers argued earlier this month that allowing such evidence could have a broader “chilling effect” on the music industry and on medleys, which they called an “important, enduring aspect of live concerts.” But in Thursday’s response, the lawyers for the Townsend heirs sharply disagreed.
“Defendants have provided nothing beyond mere speculation that the inclusion of directly relevant evidence … would have any collateral impact on any aspect of the concert industry.”
An attorney for Sheeran declined to comment on the new filing. But earlier on Thursday, the star’s lawyers filed a motion arguing that the deadline for such a response had already expired; they can file a formal reply brief in the weeks ahead.
A woman who is suing Nick Carter over accusations that he raped her in 2001 now says the Backstreet Boys member is trying to “harass and intimidate” her with meritless counterclaims about a “conspiracy.”
A month after Shannon “Shay” Ruth filed her lawsuit in December, Carter countersued — claiming he’d been the victim of a “five-year conspiracy” that aimed to “to harass, defame and extort” him by exploiting the MeToo movement.
But in a filing Wednesday, Ruth’s lawyers said those counterclaims were brought with “no other purpose than to harass, intimate, and potentially silence plaintiff.”
“He seeks to use his wealth and celebrity status to outlast plaintiff,” Ruth’s lawyers wrote. “All while hiding behind being the ‘victim’ of the ‘#MeToo’ movement and the preposterous notion that plaintiff is only seeking attention and publicity.”
Ruth’s lawyers want the case dismissed under Nevada’s anti-SLAPP statute — a type of law enacted in states around the country that aims to make it easier to quickly dismiss cases that threaten free speech.
“Fortunately, Nevada is among approximately 31 states that have enacted a statutory scheme to prevent such suits or, at minimum, limit their nefarious intent by requiring a party to demonstrate there is a probability of success on the merits before their claim can progress,” Ruth’s lawyers wrote. “This is the very definition of a SLAPP lawsuit, and it should not be allowed to progress.”
A representative for Carter did not immediately return a request for comment on Friday.
Ruth sued Carter in December, claiming he raped her when she was 17 years old following a 2001 concert in Washington state. Now 39, Ruth says she waited more than 20 years to come forward because she was afraid of retaliation.
“He told plaintiff she would go to jail if she told anyone what happened between them,” Ruth’s lawyers wrote at the time. “He said that he was Nick Carter, and that he had the power to do that. Due to his various threats, plaintiff did not report Carter’s crimes for many years.”
Carter fired back in January, claiming Ruth had been manipulated into bringing the allegations by Melissa Schuman Henschel — a former member of the teen-pop group Dream who previously accused Carter of assaulting her in 2003. “Ruth was a vulnerable and highly impressionable individual, craving attention and desperate to fit in,” his lawyers wrote.
In legal terms, Carter’s countersuit accuses Ruth, Schuman and Schuman’s father of defamation and other forms of wrongdoing. But in Wednesday’s motion to dismiss the case, Ruth’s lawyers said Carter would not be able to prevail on those allegations because he is a “public figure” – a status that makes it hard to sue for defamation in American courts.
“By his own admission of being an ‘American icon,’ Carter is by definition a ‘general public figure’ in Nevada,” Ruth’s lawyers wrote. “As such, the burden he must meet to defeat an anti-SLAPP motion is significantly higher than would be for the average citizen, and he cannot meet that burden in this matter.”
Bronx drill rapper Kay Flock is among eight members of Bronx gangs Sev Side and Third Side being charged with murder and racketeering, among other “violent offenses,” according to the Department of Justice. The Thursday (Feb. 23) press release also detailed charges related to, “attempted murder and assault with a dangerous weapon arising from seven shootings committed in the Bronx between June 2020 and February 2022.”
Six of the charged individuals, including Kay Flock — born Kevin Perez — are in police custody, while the remaining two are named in the release as fugitives. “Over a span of several years, the members of these gangs allegedly terrorized neighborhoods in the Bronx and Manhattan by killing and shooting other people. Through these charges, we will hold Sev Side and Third Side members responsible for plaguing our communities with gun violence,” said U.S. Attorney Damian Williams in a statement.
Kay Flock is currently awaiting arraignment in Manhattan Criminal Court on the federal charges. His alleged crimes carry a punishment of “mandatory life in prison or death,” according to the Department of Justice.
Kay Flock’s team did not respond to Billboard‘s request for comment at the time of publication.
The new charges add to 19-year-old Kay Flock’s collection of legal troubles, most notably his alleged 2021 murder of Hwascar “Oscar” Hernandez outside a Hamilton Heights barbershop in New York City, on which he is currently awaiting trial. Despite his growing rap sheet and the fact that he’s currently behind bars, he has continued to release new music, most recently The D.O.A. Tape [Care Package] in December 2022. Last year, Kay Flock’s single “Shake It” featuring Cardi B, Dougie B and Bory300 made quite the buzz, appearing on both the Billboard Hot 100, where it peaked at No. 51, and Billboard‘s US Hot R&B/Hip-Hop Songs, where it peaked at No. 14.
New York City mayor Eric Adams has publicly declared his disdain for the drill genre, linking it to violence and crime in the city. Since entering office in January 2022, the retired police captain has cracked down on artists in the genre, with the NYPD shutting down a number of drill performances. In September, drill rappers 22Gz, Sha Ek and Ron Suno were dropped from the Rolling Loud NYC lineup at the NYPD’s request. Other notable New York drill artists including Dusty Locane and Sheff G are also behind bars, while 22Gz is awaiting trial on attempted murder charges.
A woman who sued Marilyn Manson for sexual assault says in a new legal filing that the allegations were untrue, claiming she had been “manipulated” by the rocker’s ex-girlfriend, Evan Rachel Wood.
With Manson currently suing Wood for allegedly orchestrating an “organized attack” of false rape accusations, the singer’s lawyers filed a bombshell statement Thursday (Feb. 23) from Ashley Morgan Smithline — one of several women who has accused Manson of sexual abuse over the past two years.
In it, Smithline claims that she had been “manipulated by Ms. Wood” and others, and eventually had agreed to “spread publicly false accusations of abuse” against Manson (real name Brian Warner).
“I succumbed to pressure from Evan Rachel Wood and her associates to make accusations of rape and assault against Mr. Warner that were not true,” Smithline wrote in the sworn statement. “Eventually, I started to believe that what I was repeatedly told happened to Ms. Wood and [others] also happened to me.”
In a statement to Billboard, a spokesperson for Wood strongly denied Smithline’s accusations: “Evan never pressured or manipulated Ashley. It was Ashley who first contacted Evan about the abuse she had suffered. It’s unfortunate that the harassment and threats Ashley received after filing her federal lawsuit appear to have pressured her to change her testimony.”
The statement by Smithline is a major revelation in Manson’s two-year legal saga, in which at least five women have accused him of serious sexual wrongdoing. After Wood posted her allegations to Instagram in February 2021, lawsuits quickly followed from Smithline, Manson’s former assistant Ashley Walters, Game of Thrones actress Esme Bianco and a Jane Doe accuser.
Smithline’s case was dismissed last month after she fired her lawyer and stopped participating in the case.
Manson has denied all of the allegations and filed his own defamation lawsuit in March 2022 claiming that Wood and another woman, Illma Gore, had “secretly recruited, coordinated, and pressured prospective accusers to emerge simultaneously” with false accusations against him.
In her declaration on Thursday, Smithline told a story that supported Manson’s allegations against Wood. She said she had been initially contacted by other alleged victims and, when she denied that such abuse had happened to her, was repeatedly told that she might just not remember it.
“While at first I knew Mr. Warner did not do these things to me, I eventually I began to question whether he actually did,” Smithline wrote. “On numerous occasions, I was told … that I may just be misremembering what happened, repressing my memories of what happened, or that my memories had not yet surfaced — which they said happened to people against whom these acts were perpetrated.”
Eventually, Smithline said she agreed to participate. She said Gore drafted an accusation statement for her and posted it to her account for her, and that she was then connected with Jay Ellwanger, the same lawyer who represented Bianco.
“Leading up to the filing of the complaint, I felt pressured by Mr. Ellwanger to go on a press tour, which included an interview on The View and an interview and photoshoot with People magazine,” Smithline wrote. “I was very uncomfortable doing this press but felt pressured to do it.”
Smithline also noted that she had “never received any money” from Manson as part of any settlement agreement to stop pursuing her case and that she did not intend to refile her case against him.
“Looking back, I feel I was manipulated by Ms. Wood, Ms. Gore, Ms. Bianco, and Mr. Ellwanger to spread publicly false accusations of abuse against Mr. Warner,” Smithline wrote.
In a statement to Billboard, Ellwanger said that his response to Smithline’s allegations was “constrained by ethical obligations regarding client confidentiality” to his former client. “But what I can say is that the specific allegations regarding my representation of Ms. Smithline are categorically and verifiably false.”
The new revelations come as Wood’s attorneys are seeking to dismiss Manson’s case by citing California’s so-called anti-SLAPP statute — a law that aims to make it easier to dismiss cases that threaten free speech. Wood’s lawyers say Manson’s case is exactly that: an effort to punish Wood after she chose to speak publicly about years of abuse.
“For years, plaintiff Brian Warner raped and tortured defendant Evan Rachel Wood and threatened retaliation if she told anyone about it,” her attorneys wrote. “Warner has now made good on those threats by filing the present lawsuit.”
Manson’s attorneys want to cite Thursday’s new statements from Smithline as a reason to deny the anti-SLAPP motion since such motions require courts to assess the validity of a case’s allegations. In asking the court to heed the filing, they wrote: “This newly obtained evidence is critical to Warner’s opposition to the anti-SLAPP motions, in which defendants argue that there is no ‘admissible evidence substantiating his allegations.’”
In a statement to Billboard, Manson’s attorney, Howard King, said Smithline’s declaration “proves” that the lawsuit’s core accusations are true. “As we have always said, the coordinated campaign of #MeToo lies against Brian Warner is going to go down as one of the greatest hoaxes of all time,” King said. “Vulnerable women were manipulated by unscrupulous individuals seeking to build their own brands and pursue their own vendettas.”
Read Smithline’s entire declaration here:
CHICAGO (AP) — A federal judge on Thursday handed singer R. Kelly a 20-year prison sentence for his convictions of child pornography and the enticement of minors for sex but said he will serve nearly all of the sentence simultaneously with a 30-year sentence imposed last year on racketeering charges.
U.S. District Judge Harry Leinenweber also ordered that Kelly serve one year in prison following his New York sentence.
The central question going into the sentencing in Kelly’s hometown of Chicago was whether Leinenweber would order that the 56-year-old serve the sentence simultaneously with or only after he completes the New York term for 2021 racketeering and sex trafficking convictions. The latter would have been tantamount to a life sentence.
Prosecutors had acknowledged that a lengthy term served only after the New York sentence could have erased any chance of Kelly ever getting out of prison alive. It’s what they asked for, arguing his crimes against children and lack of remorse justified it.
With Thursday’s sentence, though, Kelly will serve no more than 31 years. That means he will be eligible for release at around age 80, providing him some hope of one day leaving prison alive.
Leinenweber said at the outset of the hearing that he did not accept the government’s contention that Kelly used fear to woo underage girls for sex.
“The (government’s) whole theory of grooming, was sort of the opposite of fear of bodily harm,” the judge told the court. “It was the fear of lost love, lost affections (from Kelly)’. … It just doesn’t seem to me that it rises to the fear of bodily harm.”
Prosecutors say Kelly’s crimes against children and his lack of remorse justify the stiffer sentence.
A calm Kelly spoke briefly at the start of the hearing, when the judge asked him if he had reviewed key presentencing documents for any inaccuracies.
“Your honor, I have gone over it with my attorney,” Kelly said. “I’m just relying on my attorney for that.”
Two of Kelly’s accusers asked the judge to punish him harshly.
In a statement read aloud in court, a woman who testified under the pseudonym “Jane” said she had lost her early aspirations to become a singer herself and her hopes for fulfilling relationships.
“I have lost my dreams to Robert Kelly,” the statement said. “I will never get back what I lost to Robert Kelly. … “I have been permanently scarred by Robert.”
The woman was a key witness for prosecutors during Kelly’s trial; four of his convictions are tied to her.
“When your virginity is taken by a pedophile at 14 … your life is never your own,” Jane’s statement read.
Another accuser, who used the pseudonym “Nia,” attended the hearing and addressed Kelly directly in court. Speaking forcefully as her voice quivered, Nia said Kelly would repeatedly pick at her supposed faults while he abused her.
“Now you are here … because there is something wrong with you,” she said. “No longer will you be able to harm children.”
Jurors in Chicago convicted Kelly last year on six of 13 counts: three counts of producing child porn and three of enticement of minors for sex.
Kelly rose from poverty in Chicago to become one of the world’s biggest R&B stars. Known for his smash hit “I Believe I Can Fly” and for sex-infused songs such as “Bump n’ Grind,” he sold millions of albums even after allegations about his abuse of girls began circulating publicly in the 1990s.
In presentencing filings, prosecutors described Kelly as “a serial sexual predator” who used his fame and wealth to reel in, sexually abuse and then discard star-struck fans.
U.S. Assistant Attorney Jeannice Appenteng on Thursday urged the judge to set a longer sentence and keep Kelly in prison “for the rest of his life.”
Kelly’s abuse of children was all the worse, she said, because he “memorialized” his abuse by filming victims, including Jane. She told the court Kelly “used Jane as a sex prop, a thing” for producing pornographic videos.
In prehearing filings, Kelly’s lawyer, Jennifer Bonjean, accused prosecutors of offering an “embellished narrative” in an attempt to get the judge to join what she called the government’s “bloodthirsty campaign to make Kelly a symbol of the #MeToo movement.”
Bonjean said Kelly has suffered enough, including financially. She said his worth once approached $1 billion, but that he “is now destitute.”
In court Thursday, Bonjean said Kelly will be lucky to survive his 30-year New York sentence alone. To give him a consecutive 25-year sentence on top of that “is overkill, it is symbolic,” she said. “Why? Because it is R. Kelly.”
She also argued that Kelly’s silence should not be viewed as a lack of remorse.
She said that while she advised Kelly not to speak because he continues to appeal his convictions and could face other legal action, “He would like to, he would like to very much.”