Kim Kardashian
Kim K Does it Again: Cyntoia Brown Released from Prison
We know sometimes it’s unpopular to give a positive nod to a Kardashian on a serious issue but, as we’ve said before, we must give credit where credit is due. And, it’s most certainly due here–again (click here for our last shoutout to Kim K for her efforts on behalf of others she believes were wrongfully incarcerated).
In 2004, 16 year old Cyntoia Brown was tried as an adult and convicted for killing the 43-year-old man who raped and sex trafficked her. In order to escape, the young Brown shot her captor then fled the scene with his car, money and guns. She was sentenced to life; Brown was not eligible for parole until she served 51 years.
Kim K and other celebs such as Rihanna helped Brown’s case by garnering national attention to it through social media and speaking out on behalf of Brown. Kim K took it even farther by contacting her friend and highly regarded lawyer, Shawn Holley, asking her to become involved in working for Brown’s freedom. Well over a year ago, Holley confirmed that she had in fact joined the campaign to help Brown. And, back in May 2018 when Kim met with Trump to discuss the release of Alice Johnson (click here for more on that), reportedly Kim shared her concerns about Brown as well.
Now, after 15 years in prison, Tennessee Governor Bill Haslam has granted Brown clemency. She will be released on Aug. 7 and will remain on parole for 10 years. Here’s what he said regarding the decision:
“Cyntoia Brown committed, by her own admission, a horrific crime at the age of 16. Yet, imposing a life sentence on a juvenile that would require her to serve at least 51 years before even being eligible for parole consideration is too harsh, especially in light of the extraordinary steps Ms. Brown has taken to rebuild her life. Transformation should be accompanied by hope.”
Well done Haslam and Hollywood.
Kim Kardashian Pays Legal Fees of Two Jailed Women Seeking Justice
Update June 14, 2018: Alice Johnson is FREE! President Trump commuted her sentence after Kim K visited the White House this week. A perfect use of celebrity status to do good!
In 2004, 16 year old Cyntoia Brown was tried as an adult and convicted for killing the 43-year-old man who raped and sex trafficked her. In order to escape, the young Brown shot her captor then fled the scene with his car, money and guns. She was sentenced to life; Brown, now 29, is not eligible for parole until she serves 51 years in prison. Her case garnered national attention when celebrities like Rihanna and Kim Kardashian began tweeting about it, arguing that her sentencing was unfair considering her trauma.
But then, something pretty awesome happened, Kim Kardashian put her money where her Twitter thumbs were. Tweeting on November 21st, 2017, Kardashian said, “The system has failed. It’s heart breaking to see a young girl sex trafficked then when she has the courage to fight back is jailed for life! We have to do better & do what’s right. I’ve called my attorneys yesterday to see what can be done to fix this.” Kardashian did more than call her attorneys–she helped pay for Brown’s legal fees.
And, on January 9th, 2018, the first steps were taken: Brown’s lawyer filed an appeal challenging her sentence. Her lawyers are asking the Court of Appeals to consider the constitutionality of Cyntoia’s life sentence, as well as asking them to revisit whether or not the then 16-year-old had the sufficient mental capacity to commit murder. Brown has filed other appeals but they have been denied. Perhaps with Hollywood power and money behind her, the outcome will be different this time.
Alice Marie Johnson was sentenced to life in prison without the possibility of parole for a non-violent first offense—drug dealing (cocaine). She has been in prison for 20 years. When Kardashian learned about Johnson’s case, she felt for the 62-year-old grandmother and enlisted the help of her legal team. In a letter that Johnson wrote to Kardashian, she said that she thought the media mogul would be remembered kindly in history as someone who “had the courage to take a stand against human warehousing” and as “a key figure in meaningful criminal justice reform becoming reality.” We here at PROOF agree. Though it’s easy to say mean things about Kim K, no one should ignore these acts. A celebrity who goes further than tweeting and talking, who makes a real effort to help women who need it deserves recognition.
Many people count the Kardashian family out because of … well, you know, but that is unfair. We have to give them credit for actions like these.
We bet Kim’s dad, famed lawyer Robert Kardashian, is smiling down on his little girl and her selfless acts. Thank you, Kim. Kudos for what you are doing in the name of justice.
The Latest Nude Photo Leak Threatens to Expose More Celebs
Allegedly hacked and stolen nude photos of Miley Cyrus, Suki Waterhouse and Rosario Dawson just popped up on a website called Celebrity Jihad, and it’s anyone’s guess which celebs will be the next victims.
The women joined a dubious yet ever growing club — last month nude photos of actresses Amanda Seyfried and Analeigh Tipton, and scantily clad pics of Emma Watson, were posted to the same site.
Seyfried, who recently gave birth to her first child, got Celebrity Jihad to take down the photos after threatening legal action, while Analeigh Tipton teamed up with the police to try to track down the person or people who hacked her photos. Emma Watson also pursued legal action, though it should be noted that her leaked pics were not nude and were reportedly from a wardrobe fitting. As this situation continues to develop, it’s unclear if more celebs will be targeted and whether anyone will be brought to justice.
Meanwhile, Mischa Barton has been facing her own nude controversy which PROOF has been covering. Jon Zacharias, an ex-boyfriend of Barton, allegedly recorded her in intimate moments positions without her knowledge and consent and is shopping a sex tape. Allegedly offers have been made for $500,000. Another ex boyfriend, Adam Shaw, is also involved in the matter in that he has copies of the images though he alleges he tried to stop Zacharias from releasing them. A California court shut all of that down and granted Barton a restraining order against both men, prohibiting them from selling the video and anyone from seeking to purchase the footage. For more information on this incident, click here.
Ultimately, when it comes to celebs who’ve had private photos and videos leaked, it’s almost easier to count who HASN’T had their personal images hacked and displayed for the world to see. With technology today and the skills (and total lack of conscience) on behalf of hackers, celebs need to work harder than ever to protect their privacy. Fact is, if nude photo of a star exists there is a good chance it will go public, despite their lack of consent.
Perhaps the biggest celeb nude photo dump to date was the infamous “The Fappening” incident in 2014, in which hackers posted stolen nude pics on the website 4chan of celebs including Jennifer Lawrence, Kate Upton, Amber Heard, Ariana Grande, Gabrielle Union, Kim Kardashian, Kirsten Dunst and Kaley Cuoco, among many others.
Lawrence spoke out passionately about the breach, saying,” “It is not a scandal. It is a sex crime. It is a sexual violation. It’s disgusting.” She added, “The law needs to be changed, and we need to change. That’s why these Web sites are responsible.”
Gabrielle Union also didn’t take the violation lightly, reportedly going to the FBI to look for justice. It looks like she and the other victims got it — hackers Ryan Collins, Edward Majerczyk and Andrew Helton were convicted in 2016 of crimes related to the photo thefts.
There are laws that allow celebrities (and regular folks too) to pursue both civil and and criminal penalties against those who film them without consent and release those images into the public domain. The cases are not easy though and it is often difficult to identify who obtained the images and who released them. In what is referred to as revenge porn (more akin to Mischa Barton’s situation) it is sometimes easier to identify the wrongdoer and bring that person or entity to justice but even then the cases are not simple.
We at PROOF agree with Jennifer Lawrence that it is a sexual violation and laws do need to change to protect innocent victims. Yes, innocent. Just because someone who is a celebrity does not mean others can invade the most private parts of her life and reveal them to the outside world without permission. We also applaud the position Mischa Barton’s lawyers took when they argued that attempts by her ex boyfriend was an act of domestic violence.
The more celebs that speak up about these violations and pursue the offenders the greater chance we have in stopping this heinous behavior. Will it go away forever? No. There will always be people who get a thrill from violating the rights of others but if laws continue to be written, penalties enforced and investigation stepped up then we have a chance of reducing it–and that is worth something.
At PROOF there’s nothing we like to do more than to share celebrity news–not malicious gossip. Just real, true celebrity news. Browse the site and see what interests you!
Lawsuits: Celebs and Herpes
PLEASE BE CAREFUL OUT THERE!
The information in this post falls so squarely in the category of “stuff everyone should know” that I made my three teenage sons read it. Twice. Here’s the main takeaway: if you give someone an STD you can be sued; if you get an STD you can sue the person who gave it to you. You can stop reading now if you want or continue on and learn how you can protect yourself from such suits.
Lawsuits for the transmission of an STD can be based on theories of negligence and/or intentional acts and can include counts for fraud and emotional distress. In certain situations, criminal charges can also be brought. Celebrities are not immune from these suits and in fact, may be bigger targets than regular folks because they have deep pockets (translation: they have the money to pay for a verdict or settlement).
One celeb (ok, quasi-celeb) slapped with a herpes suit was Kris Humphries. Remember him? Kim Kardashian’s second husband? Might be hard as they were only married for 72 days in 2011 and with all of the fame Kim K has experienced since then it almost seems like that never happened, right? Well, back pedal to 2010. Kris is just a basketball player and not yet trying to keep up with the Kardashians when he has a one-night stand with a woman named Kayla Goldberg. A week after their night of unprotected sex, Kayla is diagnosed with herpes. She thinks Kris gave it to her so she sues him—2 years later. Note, this was after his televised “fairytale” wedding in which he and Kim allegedly made out with more than 2 million dollars. Not sure what Kris’ NBA contract was then but at the time the suit was filed he certainly wasn’t hurting for cash.
Ultimately, the suit included counts of sexual battery (I know this term sounds very violent like rape but here it refers to the intentional act of transmitting an STD to someone), negligence and negligent infliction of emotional distress. Kayla’s initial lawsuit filed in August 2012 included 2 counts of fraud, violation of the California Health and Safety Code, and intentional infliction of emotional distress but she dropped all of those in less than two months of filing. So, what are we left with, what exactly is Kayla claiming? Well, she is claiming Kris knew or should have known he had herpes, never told her about it, yet had unprotected sex with her anyway. And, as a result she suffered physical pain and injury, mental and emotional distress and financial damages. Where did she get the idea that he knew he had herpes? That’s where the case weakens. There are no allegations that he had sores or lesions, had ever experienced an outbreak, had seen a doctor for it, had ever mentioned or referenced that he might have had an issue with any STD, etc. Kayla’s whole case is based on the fact that she had sex with Kris and a week later was diagnosed with herpes. Had she not had sex with anyone prior to Kris then her claim would have been solid even without any assertions by Kris but that was not the case. Any one of Kayla’s prior sexual partners could have given her the disease (ALERT: Please be clear, I am not nor in ANY situation would I ever blame the victim or allege that because someone was sexually active they are responsible for a wrong, criminal or civil, that has been done to them by someone else. The only way Kayla would be responsible for getting herpes was if she consented to having sex with an infected person). If you want to see the actual First Amended Complaint, including the claim that “Defendant earned Plaintiff’s trust throughout the night, and came across as charming, trustworthy, and caring,” click here.
In STD transmission suits, here is what the liability boils down to whether the claim is based on a theory of a negligent or an intentional act: Prior to intercourse, you have a legal duty to warn a sexual partner if you think you have a disease or might be infected with a disease. If you breach that duty and harm results, you will be found liable. So, Kris had a legal duty to Kayla but in order to prove her case she needed to show that Kris breached it—that he knew or should have known he was infected with the disease. There are a few ways to do this—the easiest being to submit medical evidence. And, that’s just what Kris did. He submitted blood tests that showed he didn’t have genital herpes (HSV-2). But Kayla wanted more. She asked the court to order him to undergo testing for herpes simplex type 1 (HSV-1), the one most of us associate with cold sores and blisters on the mouth and lips. According to the University of Maryland Medical Center HSV-1 is transmitted through kissing or sharing glasses and utensils and though it can also cause genital herpes, HSV-2 is the main cause of genital herpes; and, as many as 90% of American adults have been exposed to HSV-1). The judge stopped it all right there. He denied Kayla’s request saying that given the circumstances (no doubt considering how common HSV-1 infection is) ordering more testing would have violated Kris’ privacy rights. Soon after this ruling the case was dismissed. Kris, despite initially threatening to file a counterclaim against Kayla for defamation, never did so. Most likely, he just wanted the whole thing to go away. Keeping a conversation going about herpes is not good for anyone’s game. And I’m not talking about basketball.
Herpes settlements and verdicts are big money though because there is no cure for the disease, there is a stigma associated with having it, and the infected person now has the legal duty to inform every lover of her condition for the rest of her life or risk being sued herself. The late Robin Williams and former disgraced NFL player, Michael Vick both settled herpes transmission suits out of court for undisclosed sums. But, we can make an educated guess that those sums were substantial. Back in the late ‘80s the suit Robin Williams’ ex filed sought 6.2 million. That number may seem high but it is not unreasonable when you consider the fact that in 2011 a California court upheld a 6.75 million dollar verdict against hair care millionaire Thomas Redmond for giving his former girlfriend the disease.
As mentioned at the outset of this article, I think everyone should know their legal responsibility as it relates to transmitting STDS but another reason why I’m writing about it is because of a celebrity case that I will be discussing a great deal in the coming months—the wrongful death lawsuits filed against actor Jim Carrey by the husband and mother of Cathriona White, Carrey’s deceased former girlfriend. In those matters, allegations that he knowingly infected Cathriona with several STDs, including herpes, is a central issue. And, because of the complexities in those lawsuits, it’s good that PROOF readers will understand the STD liability before we dive deeper into the other allegations.
Thank you so much for reading—I know this stuff isn’t fun but I’m glad you know it. Please be careful out there. It’s a scary world.
Can You Put a Price on Fame? These 3 Celeb Incidents Show the Cost
Many of us think we’d trade pretty much anything for fame and the money and power that goes along with it. This is especially true for those in the creative world: starving artists waiting and working so hard for that big break. But once it comes, life will never be the same, and not necessarily for the better. Let’s look at the three events of Fall 2016 that, but for fame, would likely have never befallen these celebs.
Kim Kardashian
It may be a little unpopular to admit or even to call her a creative but I’m a Kim K fan. To be fair, I don’t watch Keeping Up With The Kardashians (well, not on purpose anyway), I don’t follow her on Instagram, and I don’t buy any of the products she promotes but I’ve always had a soft spot for her. Why? Because Kim pretty much stays out of trouble. You never hear about her using illegal drugs, drinking excessively, or having dramatic public breakdown (her husband maybe, but not her). She rarely speaks derogatorily about anyone (she may have skirted the line with Taylor Swift, but I blame most of that on Kanye) and, most importantly, she’s pretty darn self-aware. Who can forget her Instagram post, “#NotBadForAGirlWithNoTalent, on the day her Forbes magazine cover came out with the headline “She Made 45 million From One Game.” But it is precisely her fame and the wealth that comes with it that made her the target of a violent crime in Paris on October 3, 2016. Think about Kim that night, but try to wipe from your consciousness her fame, the carefully curated social media image. She was just a woman, a mother, sleeping soundly in a supposedly safe place, woken up by masked men, pulled from her bed and tied up, her mouth taped. She thought she was going to be raped. Really think about that. What if this were happening to your mother, your daughter? And those that say she asked for it by flaunting her lifestyle? In my opinion Kim no more asked to be the target of a violent robbery by posting images of her in her jewels than a rape victim asked to be raped because she dressed seductively. What a backward, victim-blaming thought. What happened to Kim was scary, life altering, and criminal and it would not likely have happened if Kim was just the daughter of a lawyer. Since the attack, Kim has basically withdrawn from social media, changed the entire way she has lives, her husband has undergone a serious mental breakdown. Her life, since that terrible night in Paris, has not, nor will it ever be the same. And despite video footage, the case seems to be stalled—there have been no arrests, no recent comment from Paris police. All Kim can do is wait. Wait and see if the perpetrators are every brought to justice.
Miranda Kerr
Shaun Anthony Haywood has been arrested and charged with attempted murder, aggravated mayhem and assault with a deadly weapon by the LA County DA’s Office. He stands accused of entering Miranda Kerr’s Malibu property and slashing a guard’s face with a knife; the guard shot Haywood during the confrontation. Fortunately, Miranda nor her young son was home at the time. I live only a few miles from there and I can tell you this type of incident is very rare. Malibu, contrary to what many people think, is a sleepy, beach town, where surfers outnumber celebs and there’s barely a car on the road after 10:00pm (except maybe in the Nobu parking lot). Again, lucky that Miranda wasn’t home and luckier still that she had security that prevented her home from being invaded. But as with Kim, think about this—is this how you want to live? Needing round-the-clock security? Not feeling safe in your own home? In a magazine article published just two months prior to the attempted invasion, Miranda was quoted as saying about her home that it was a “sacred space,” a calm refuge from her hectic schedule filled with reminders of a happy childhood. Apparently, Miranda has said she doesn’t want to return there. That’s a shame.
Adam Levine
To me one of the saddest celeb stories of Fall 2016 was the allegation that Adam Levine, the tattooed lead singer of Maroon 5, and favorite coach on The Voice, had abused his infant child and his wife, Behati Prinsloo. The report was made anonymously to the LA Police Department. And, because they are mandated to investigate every report of child abuse, the police had no choice but to do so. Imagine Adam Levine, proud new father, having to answer questions about how he interacts with his infant daughter and wife. Thankfully, the investigation was swift and the case was closed just as swiftly as no evidence of abuse or domestic violence was found. But this experience will likely haunt Adam for a very long time. As the report was baseless, does he have any recourse? Can he sue the anonymous tipster? Would the DA charge the tipster criminally for false reporting of a crime? In California, people who are not legally mandated to report child abuse allegations (like teachers or doctors) can do so anonymously. Mandatory reporters are immune from civil or criminal liability and so are others, like the anonymous Levine tipster, unless it can be proven that a false report was made and the person knew that the report was false or was made with reckless disregard of the truth or falsity of the report. So, from what we know, it seems that this tipster falls into that category. But is it really in Adam’s best interest to pursue a civil claim or seek to have the tipster prosecuted? Probably not. The best choice for him is to let the whole thing go way quietly. And as with Kim and Miranda, but for his fame in all likelihood he would never have had to endure this awful experience.
So, the next time you feel pangs of jealousy watching a celeb on the red carpet, dressed in designer clothes, bright lights flashing or look at your Instagram followers and wish you could count yours in the millions (or the thousands even!), remember, there is a price for fame. Sometimes that price might just be too high.
Celebrity Makeup Lines: Everyone’s Getting Sued
Some of the most successful celebrity makeup lines are being hit hard with lawsuits – and big dollar ones at that. Let’s hope these celebrities have been wearing their waterproof mascara! Kim, Kourtney and Khloe Kardashian are facing a $180 million lawsuit regarding an alleged breach of contract over their Kardashian Beauty line. Hillair Capital Management is suing the Kardashian women for failing to promote the line. Hillair came to the rescue of Kardashian Beauty in July 2014 when the former distributor, Boldface, was experience financial struggles. Hillair agreed to (heavily) fund Kardashian Beauty as long as the Kardashian sisters actively promoted the products via social media.
We all know these famous sisters run the social media world – Kim herself can reach nearly 80 million Instagram followers or nearly 50 million Twitter followers with a single post. But the number of promotional Kardashian Beauty posts, on the other hand, isn’t looking so hot. Hillair claims that the sisters not only failed on social media, but also failed to stand by their products and even spoke out against the line in an attempt to abandon Hillair and secure more money with different investors. And, in a very related matter, the Kardashians filed their own lawsuit against another cosmetic company, Haven Beauty, claiming that the company unjustly used the Kardashian name to promote and sell beauty products. So many products; so many problems.
The uber talented Katy Perry recently launched a beauty line in collaboration with CoverGirl. Hard Candy, a rival cosmetic company is shouting, “copycat” with regard to Perry’s logo on that CoverGirl packaging and has filed a lawsuit claiming that the small heart that appears on Perry’s products is the same one that Hard Candy has been using on their lipstick. Hard Candy wants Perry’s products to be banned from sale and also demands a share of the profits that have already been made. The matter is nowhere near resolving so PROOF will await the legal fireworks from the sidelines and keep you posted.