Decisions and Verdicts

Subterms

    More stories

    • 138 Shares149 Views

      in Music

      Nipsey Hussle’s Killer Sentenced to 60 Years to Life in Prison

      by

      Eric R. Holder Jr. was found guilty of first-degree murder last year in the 2019 killing of Hussle outside a clothing store he had founded in Los Angeles.The man who was found guilty of fatally shooting the rapper Nipsey Hussle in 2019 was sentenced on Wednesday to 60 years to life in prison in a Los Angeles courtroom.Eric R. Holder Jr., 33, was convicted last year of first-degree murder for shooting Hussle outside The Marathon Clothing store the rapper had opened in the South Los Angeles neighborhood, where both men grew up.Mr. Holder was sentenced to 25 years to life on the murder count, to another 25 years to life because a gun was used and to another 10 years for shooting two other people that same day, according to the Los Angeles County district attorney’s office.Aaron Jansen, the public defender who represented Mr. Holder, did not immediately respond to a request for comment on Wednesday.There was no dispute that Mr. Holder pulled the trigger. Multiple witnesses and even Mr. Jansen identified Mr. Holder as the assailant who fired toward Hussle with two handguns, hitting the rapper at least 10 times, then kicking him in the head.But Mr. Holder’s legal team said during the trial that the case was overcharged. Mr. Jansen said that the fatal shooting was not premeditated and that it took place in the “heat of passion” after an exchange in which Hussle, 33, invoked neighborhood rumors that Mr. Holder had cooperated with law enforcement.After meeting for less than an hour on a second day of deliberations, the jury members appeared to agree with Los Angeles County prosecutors that Mr. Holder had made the decision to kill Hussle after the two spoke as he returned to a car, loaded a gun, took a few bites of French fries, then marched back through the parking lot to confront the rapper.In addition to his conviction on the murder charge, Mr. Holder was also found guilty of possessing a firearm as a felon, two counts of assault with a deadly weapon and two counts of attempted voluntary manslaughter, stemming from the wounding of two bystanders.Fans mourned Hussle, whose given name was Ermias Joseph Asghedom, as an artist and entrepreneur who had moved past his early years as a member of the local Rollin’ 60s Crips gang. His public memorial in April 2019 in Los Angeles drew about 20,000 people, including Stevie Wonder and Snoop Dogg.Not a commercial hitmaker, Hussle was hailed as a local hero and celebrity, producing music on his own terms for 15 years before releasing his major label debut, “Victory Lap,” in 2018. More

    • 113 Shares199 Views

      in Television

      Jennifer Shah, ‘Real Housewives’ Star, Sentenced in Fraud Scheme

      by

      Ms. Shah, who appeared on “The Real Housewives of Salt Lake City,” was sentenced to more than six years in prison for her involvement in a telemarketing scheme, prosecutors said.Jennifer Shah, who gained fame as a cast member on the reality television show “The Real Housewives of Salt Lake City,” was sentenced on Friday to six and a half years in prison for her involvement in a telemarketing scheme that defrauded thousands of victims, prosecutors said.Ms. Shah used the scheme to finance her luxury lifestyle, which included a rented 9,420-square-foot mansion in Park City, Utah, that she referred to as the “Shah ski chalet,” a rented apartment in Midtown Manhattan and a leased Porsche Panamera, prosecutors said.The criminal case against Ms. Shah had been heavily featured on the Bravo reality series, which turned the charges against her into a dramatic plot point.In her tagline for the second season of the show, she declared, “The only thing I’m guilty of is being Shah-mazing.”In court papers, prosecutors cited that line to argue that Ms. Shah had mocked the charges against her.Ms. Shah’s lawyers wrote in court papers that the show was a “semi-scripted, heavily edited facsimile of ‘reality’ intentionally manipulated to maximize ratings” and that it did not accurately reflect her feelings about the case.Her lawyers blamed the show for making it seem, as her sentencing date approached, as if Ms. Shah was “intransigent, defiant, and often even unrepentant, about her actions here.”“Nothing could be further from the truth,” Ms. Shah’s lawyers wrote. “Just as Jen Shah has never been a ‘housewife,’ little else is real about her persona and caricature as portrayed by the editors” of “The Real Housewives of Salt Lake City.”A spokeswoman for NBCUniversal, Bravo’s parent company, declined to comment.The show, which premiered in 2020, purports to depict women living glamorously while negotiating issues like sex and religion in a city that is home to the headquarters of the Church of Jesus Christ of Latter-day Saints.At her sentencing in the U.S. District Court for the Southern District of New York on Friday, Ms. Shah said she was sorry for her role in the scheme, which prosecutors said had defrauded victims by selling them bogus “business services” that promised to help them make money online.She was ordered to pay about $6.6 million in restitution and to forfeit $6.5 million and 30 luxury items, including designer handbags and jewelry, prosecutors said.In addition to the 78-month prison sentence, Ms. Shah, 49, of Salt Lake City, was sentenced to five years of supervised release.“I want to apologize to all the victims and families and I take full responsibility for the harm I caused and will pay full restitution to all of the victims,” Ms. Shah said, according to NBC News. She added, “I recognize that some of you lost hundreds, and others lost thousands, and I promise to repay.”Prosecutors said that from at least 2012 until March 2021, when she was arrested, Ms. Shah had been a leader of the wide-ranging scheme and had facilitated the sale of leads, or contact information for potential victims.Victims were told during “coaching” sessions that the sessions would help them earn money from online businesses, prosecutors wrote in court documents.Instead, the coaching sessions were designed to convince victims that, to make their internet businesses succeed, they would need to buy additional products and services, which were of little or no value, prosecutors wrote.Many of the victims were over 55 and some reported losing tens of thousands of dollars, depriving them of much of their life savings, prosecutors said.Ms. Shah was not deterred by Federal Trade Commission investigations and enforcement actions or by the arrest of dozens of others involved in the scheme, prosecutors said.Instead, they said, she tried to cover up her criminal conduct by telling others to lie and delete text messages, placing businesses and bank accounts under other people’s names and taking steps to move some of her operations to Kosovo.Before she pleaded guilty in July to one count of conspiracy to commit wire fraud, Ms. Shah sold “Justice for Jen Shah” T-shirts that featured “NOT GUILTY” on the front and “#justiceforjenshah” on the back, prosecutors said.“With today’s sentence, Jennifer Shah finally faces the consequences of the many years she spent targeting vulnerable, elderly victims,” Damian Williams, the U.S. attorney for the Southern District of New York, said in a statement.“These individuals were lured in by false promises of financial security, but in reality, Shah and her co-conspirators defrauded them out of their savings and left them with nothing to show for it,” Mr. Williams said.Prosecutors had asked the judge to sentence Ms. Shah to 10 years in prison. Ms. Shah’s lawyers had asked for a sentence of three years, writing in court papers that she was “an exceptional mother and a good woman who has already been punished extensively as a result of the sins of her past.”“Though Ms. Shah admittedly played an important role in the particular fraud in which she was involved, she was only one of many people involved, was not involved in all facets of the conspiracy, never communicated with any of the victims, and she clearly did not invent this particular fraud,” her lawyers wrote. “Nor was she a mastermind.”Claire Fahy More

    • 113 Shares109 Views

      in Music

      Tory Lanez Found Guilty of Shooting Megan Thee Stallion

      by

      Mr. Lanez, a Canadian rapper, fired at the Houston hip-hop star after an argument in 2020. The matter became the subject of speculation and gossip on social media and in songs.LOS ANGELES — A Los Angeles jury on Friday found Daystar Peterson, the Canadian rapper better known as Tory Lanez, guilty of shooting a fellow artist, Megan Thee Stallion, in both of her feet following an argument about their romantic entanglements and respective careers in the summer of 2020.Mr. Lanez, 30, was convicted of three felony counts: assault with a semiautomatic handgun, carrying a loaded, unregistered firearm in a vehicle and discharging a firearm with gross negligence. He faces more than 20 years in prison and could be deported.Jurors reached a verdict after about seven hours of deliberation across two days, following a trial that lasted nearly two weeks. Mr. Lanez, who had been free on bail during the trial following a period of house arrest, was immediately taken into custody. Sentencing was scheduled for Jan. 27.Megan Thee Stallion was not present in court. As the verdict was read, Mr. Lanez appeared motionless and stared straight ahead until his father stood up and began shouting at the judge and prosecutors. “God will judge you,” he said, as bailiffs moved to block his path.Alex Spiro, a lawyer for Megan Thee Stallion, said in a statement: “The jury got it right. I am thankful there is justice for Meg.”The case, which played out as both a tawdry tabloid narrative and a weighty referendum on the treatment of Black women in hip-hop and beyond, was closely watched for both its famous characters and what it said about the recent adjudication of alleged abuse by notable men, such as Johnny Depp and Harvey Weinstein, in court and in public.Mr. Lanez, though not a household name before the case, has seen his celebrity profile rise since the shooting, earning explicit and implied support from various corners of the hip-hop universe, including influential blogs, social media accounts and the rappers-turned-talking heads 50 Cent and Joe Budden.In court, Mr. Lanez’s defense had raised the possibility of another shooter, a friend of Megan Thee Stallion’s who was also involved in the argument, which occurred on the way home from a gathering at the home of the reality star and beauty mogul Kylie Jenner.But Megan Thee Stallion, who testified in the case, identified Mr. Lanez as her assailant, tearfully recounting how he had shouted “dance” and a sexist slur at her before firing several times from the passenger seat of a sport utility vehicle.She said Mr. Lanez then apologized and offered her and the friend, Kelsey Harris, a million dollars each to keep quiet about what had occurred.In his closing argument, Alexander Bott, a deputy district attorney, said that Mr. Lanez had been pushed to a breaking point when Megan Thee Stallion demeaned his artistic stature, noting that she had been reluctant to come forward after the traumatic event.“Megan did find the courage to come and tell you what the defendant did to her,” Mr. Bott told jurors. “Was Megan telling the truth? I think everyone in the courtroom knows the answer to that question.”The lawyer added, of Mr. Lanez, “Hold him accountable for shooting the victim for nothing more than a bruised ego.”Mr. Lanez’s defense team argued that the two women were fighting that night over the male rapper, implying that Ms. Harris might have been motivated to shoot her friend out of jealousy when she learned that Mr. Lanez and Megan Thee Stallion had been intimate behind her back.George Mgdesyan, a lawyer for Mr. Lanez, said that the case “was about jealousy and a sexual relationship,” calling the prosecution’s case “full of holes and speculation.” Megan Thee Stallion “lied about everything in this case,” he told jurors.Some eyewitnesses provided muddled accounts of the shooting at trial, though most testified to seeing Mr. Lanez with a gun. Ms. Harris, who was offered immunity in exchange for her testimony, denied pulling the trigger or receiving hush money from Mr. Lanez, The Los Angeles Times reported. But on the stand, she also backtracked on her previous statements to the police that identified Mr. Lanez as the shooter, testifying that amid the drunken scuffle, she did not see who shot Megan Thee Stallion.Megan Thee Stallion, who testified in the case, identified Mr. Lanez as her assailant.Jason Armond/Los Angeles Times, via Getty ImagesProsecutors then received the judge’s permission to play Ms. Harris’s entire 80-minute interview with detectives from September, in which she implicated Mr. Lanez. They also presented a text message Ms. Harris sent to Megan Thee Stallion’s bodyguard the night of the shooting, writing, “Help” and “Tory shot Meg.” (In response to her conflicting accounts, Ms. Harris said she could not remember what she had said previously and had not been entirely truthful with prosecutors in the past.)Another eyewitness, who saw the encounter from the window of a nearby home, said that he observed a violent, chaotic fight and that the first “flashes” — which he initially believed were fireworks, noting that he never saw a gun — came from a woman. But the witness added that he then saw a short man, believed to be Mr. Lanez, “firing everywhere” four or five times, Rolling Stone reported.Experts testified that gunshot residue was found on both Mr. Lanez and Ms. Harris, who were in close proximity, though DNA evidence tying Mr. Lanez to the weapon was inconclusive. (The police did not collect a DNA sample from Ms. Harris.)Ahead of the trial, the case had played out on social media, gossip sites and in music released by both rappers.Megan Thee Stallion, who had collaborated with Beyoncé shortly before the shooting and went on to win three Grammy Awards, including best new artist, in 2021, was initially circumspect about what had occurred.“Look what coming forward has done to her life, her reputation and her career,” Mr. Bott, the deputy district attorney, said in his closing remarks, raising his voice at times for emphasis. “Do you think she wants to be here?”In her testimony, the rapper said she did not tell police officers that she had been shot that night in July — claiming instead that she had stepped on glass — because tensions between Black people and law enforcement were high after the murder of George Floyd. “I didn’t want to see anybody die,” she said. “I didn’t want to die.”She was also worried about her career. “I didn’t want to talk to the officers because I didn’t want to be a snitch,” the rapper added. “Snitching is frowned upon in the hip-hop community,” which she identified as a boys’ club.In a statement after the verdict, George Gascón, the Los Angeles district attorney, highlighted what he called Megan Thee Stallion’s bravery in court. “You showed incredible courage and vulnerability with your testimony despite repeated and grotesque attacks that you did not deserve,” he said. “Women, especially Black women, are afraid to report crimes like assault and sexual violence because they are too often not believed.”At first, Mr. Lanez was arrested and charged only with concealing a firearm in the vehicle. But in the days and weeks that followed, Megan Thee Stallion revealed online and in an interview with a detective that she had been shot, eventually naming Mr. Lanez as her assailant. That October, the Los Angeles County District Attorney’s Office charged Mr. Lanez with assault.Still, for years since, some skeptics and conspiracy theorists have questioned whether Megan Thee Stallion was shot at all. At trial, a surgeon testified to removing bullet fragments from both of the rapper’s feet, with X-rays presented in court showing tiny fragments that remained.Mr. Lanez, who opted not to testify in his own defense, has not detailed his version of events, though he released an album barely two months after the encounter in which he denied shooting Megan Thee Stallion, focusing instead on their personal relationship.“We both know what happened that night and what I did/But it ain’t what they sayin’,” he rapped.Megan Thee Stallion later responded in her own track, titled “Shots Fired,” in which she seemed to recount what led to the shooting — “He talkin’ ’bout his followers, dollars,” she raps, adding, “I told him, ‘You’re not poppin’, you just on the remix’” — as well as its aftermath. (“You offered M’s not to talk, I guess that made my friend excited, hmm/now y’all in cahoots.”)On the stand, Megan Thee Stallion said she had initially lied about the extent of her personal involvement with Mr. Lanez, including in a television interview with Gayle King, because it was “disgusting,” she said. “How could I share my body with somebody who could shoot me?”Even as her career skyrocketed, the assault had caused her to “lose my confidence, lose my friends, lose myself,” she said in court. “I wish he had just shot and killed me.” More

    • 113 Shares99 Views

      in Movies

      Kevin Spacey Is Cleared of Anthony Rapp’s Battery Claim

      by

      A jury found Mr. Spacey not liable in a civil trial. Mr. Rapp, an original cast member in “Rent,” had filed a lawsuit accusing Mr. Spacey of making a sexual advance when Mr. Rapp was 14.A federal jury in Manhattan found Kevin Spacey not liable for battery on Thursday after the actor Anthony Rapp filed a lawsuit accusing Mr. Spacey of climbing on top of him and making a sexual advance in 1986, when Mr. Rapp was 14.Mr. Rapp’s claim was one of the most prominent in the early days of the #MeToo movement, as accusers started to come forward with allegations against high-profile men in the entertainment, political and business worlds. Mr. Spacey, a star of the political drama “House of Cards” and a lauded actor who had hosted the Tony Awards months earlier, quickly experienced career blowback.The disclosure by Mr. Rapp, which BuzzFeed News published in October 2017, was followed by more than a dozen other sexual misconduct accusations against Mr. Spacey. He has pleaded not guilty to sexual assault charges in Britain, and outside the courthouse on Thursday, one of his lawyers, Jennifer L. Keller, said he would be proven innocent in all cases.The civil trial to consider Mr. Rapp’s claim of battery hinged on his account of a night in 1986, when, he said, he attended a party at Mr. Spacey’s New York apartment during a Broadway season in which both of them were acting in plays. Mr. Spacey, who was 26 at the time, denied that such an encounter ever occurred.After less than an hour and a half of deliberation, an 11-person jury in the U.S. District Court in Manhattan decided in favor of Mr. Spacey, whose lawyers had hammered Mr. Rapp with questions that challenged his memory of events said to have occurred more than 36 years ago.Following the verdict, Mr. Spacey stood up with tears in his eyes and hugged his lawyers. He was silent during his exit from the courthouse, but Ms. Keller told reporters, “We’re just grateful that the jury saw the truth.”Anthony Rapp sued Mr. Spacey, accusing him of making a sexual advance when Mr. Rapp was 14.Eduardo Munoz/ReutersMr. Rapp was straight-faced in response to the decision. In a statement later posted to his Twitter account, Mr. Rapp said he was “deeply grateful” for the opportunity to have his case heard before a jury.“Bringing this lawsuit was always about shining a light,” the statement said, “as part of the larger movement to stand up against all forms of sexual violence.”Mr. Rapp, an actor on “Star Trek: Discovery” and who is best known for his originating role in the musical “Rent,” was able to bring his claim under a New York State law, the Child Victims Act. The law included a temporary “look-back” window during which old claims that had already passed the statute of limitations could be revived.The jury determined that there was not enough evidence to prove that Mr. Spacey had touched one of Mr. Rapp’s “sexual or intimate” parts, meaning the claim could not be revived under the law. Mr. Rapp testified that when Mr. Spacey picked him up, one of his hands “grazed” his buttocks.Mr. Rapp’s lawyers presented testimony from three men who said he had told them in the mid-1990s or earlier about an encounter with Mr. Spacey. The defense focused on inconsistencies and picked at vagueness in his account, highlighting that Mr. Rapp, 50, presented no third-party corroboration of the gathering on the night that he said the encounter had occurred. Midway through the trial, the judge, Lewis A. Kaplan, dismissed a claim against Mr. Spacey, 63, of intentional infliction of emotional distress.“There is no evidence that this happened and plenty of evidence that it didn’t,” Ms. Keller said in closing arguments.Both actors took the stand to testify, presenting disparate accounts about what happened in the spring of 1986, when Mr. Rapp was a teenage actor in the play “Precious Sons” and Mr. Spacey was in “Long Day’s Journey Into Night.”Mr. Rapp testified that he had withdrawn to the bedroom to watch late-night TV during Mr. Spacey’s party because he did not know any other guests. Once the party wound down, Mr. Rapp testified, Mr. Spacey approached him, picked him up, laid him on the bed and climbed on top of him, pressing his groin into Mr. Rapp’s hip.“I knew something was really wrong now,” Mr. Rapp said, recalling feeling frozen in place.He testified that he was able to wriggle out from under Mr. Spacey, who appeared intoxicated, and escape to the nearby bathroom. Mr. Rapp recalled that before he exited the apartment, Mr. Spacey said, “Are you sure you want to leave?”The defense contended that Mr. Rapp had fabricated the claim to get attention for himself and his career, which he denied.“Does it look like he is enjoying the attention of this?” a lawyer for Mr. Rapp, Richard M. Steigman, said in closing arguments. “He is doing this to hold Kevin Spacey accountable.”Despite issuing an apology shortly after Mr. Rapp made public his allegation, Mr. Spacey testified that the encounter never happened, that he had never been alone with Mr. Rapp and that he had not had a party at his apartment in the time frame Mr. Rapp described.Peter Gallagher and Mr. Spacey in the Broadway show “Long Day’s Journey Into Night” in 1986.Jim Wilson/The New York TimesMr. Spacey said he did recall that Mr. Rapp had attended with a friend a performance of “Long Day’s Journey,” and that afterward, Mr. Spacey had invited them to dinner, then to a nightclub and then back to his apartment.Mr. Spacey said he had flirted with Mr. Rapp’s friend, John Barrowman, who was 19 at the time. Back at Mr. Spacey’s apartment, he said, he pushed Mr. Barrowman gently back onto the bed when Mr. Rapp left for the bathroom. Feeling that Mr. Rapp was too young to see them in a romantic situation, Mr. Spacey said, the two men sat up when Mr. Rapp returned.“I had no interest in Mr. Rapp joining us,” Mr. Spacey testified.Mr. Rapp testified that on the night they all went to the nightclub — which he described as his second time meeting Mr. Spacey — they did not go back to the apartment. In a videotaped deposition, Mr. Barrowman, an actor known for his role in the TV show “Doctor Who,” recalled the series of events that night as Mr. Spacey had.Mr. Rapp called the alleged encounter with Mr. Spacey the most traumatic event of his life. Mr. Rapp testified about moments when he later saw Mr. Spacey onscreen — in films like “American Beauty” and “Working Girl” — and felt startled, sometimes feeling as if “poked with a cattle prod.”Mr. Spacey’s lawyers suggested throughout the trial that Mr. Rapp was motivated to fabricate the accusation because he was envious of Mr. Spacey’s career or frustrated that Mr. Spacey was not public about his relationships with men.Mr. Rapp denied those motivations, asserting that he had come forward to seek belated justice for himself. But during a lengthy and tense cross-examination, he acknowledged that he might have been mistaken about a couple details, including that the alleged encounter had occurred in a separate bedroom in Mr. Spacey’s apartment.Mr. Spacey’s lawyers also questioned Mr. Rapp on similarities between his account and moments of staging in “Precious Sons.” In the play, the character of Mr. Rapp’s father, who was played by Ed Harris, had picked up the character of Mr. Rapp in the same manner that he described Mr. Spacey picking him up — like a groom carrying a bride. Mr. Harris also climbed on Mr. Rapp twice during the play.Mr. Rapp dismissed the idea that there was any connection, saying the staging had been done “with care and consent.”Mr. Rapp’s lawyers pointed to Mr. Spacey’s initial response to Mr. Rapp’s accusation, in which he did not categorically deny the encounter, as supporting evidence for their client. In a statement Mr. Spacey posted after the BuzzFeed article, he said he had no memory of the encounter, adding, “But if I did behave then as he describes, I owe him the sincerest apology for what would have been deeply inappropriate drunken behavior.”In his testimony, Mr. Spacey said he regretted making that apology, attributing the decision to advisers who feared that people would call Mr. Spacey a “victim blamer” if he denied the allegation outright.“I’ve learned a lesson,” Mr. Spacey testified, “which is, never apologize for something you didn’t do.”One additional accuser, Andy Holtzman, testified during the trial that Mr. Spacey had groped him in an office in 1981, when Mr. Holtzman was 27 and Mr. Spacey was several years younger. Mr. Spacey denied doing so. No other accusations were discussed in front of the jury, and Judge Kaplan instructed the jury to disregard two instances when Mr. Rapp had alluded to other allegations against Mr. Spacey during his testimony.As a result of the sexual misconduct allegations against him, Mr. Spacey — who has won two Oscars and a Tony — lost major roles, with an arbitrator ordering him to pay $31 million to the “House of Cards” studio for breach of contract.But the jury’s verdict on Thursday adds to the list of legal victories for Mr. Spacey. Prosecutors dropped a sexual assault charge in Massachusetts, and an anonymous accuser who had originally sued alongside Mr. Rapp decided not to continue his claim when Judge Kaplan ruled that the plaintiff would need to identify himself publicly.“What’s next,” Ms. Keller said outside the courthouse on Thursday, “is that Kevin Spacey is going to be proven innocent of anything he’s been accused of.” More

    • 125 Shares119 Views

      in Music

      Nirvana Wins Lawsuit Over Naked Baby on ‘Nevermind’ Album Cover

      by

      Spencer Elden, who was pictured as a baby on the cover of “Nevermind,” argued in his lawsuit that the grunge rock group had engaged in “child pornography.”A federal judge on Friday dismissed a lawsuit filed by a man who, as a baby, had graced the cover of Nirvana’s seminal album, “Nevermind,” and argued 30 years later that the iconic photo of him drifting naked in a pool had been a form of sexual exploitation.The man, Spencer Elden, 31, accused Nirvana in his complaint of engaging in child pornography after it used a photo of him for the cover of “Nevermind,” the 1991 album that catapulted the Seattle grunge rock band to international fame.The judge, Fernando M. Olguin, wrote in his eight-page ruling that because Mr. Elden had learned about the album cover more than 10 years ago, he had waited too long to file his lawsuit, making his claims untimely.The lawsuit was filed in the U.S. District Court for the Central District of California against the estate of Kurt Cobain; the musician’s former bandmates, David Grohl and Krist Novoselic; and Mr. Cobain’s widow, Courtney Love, among other parties. Bert H. Deixler, a lawyer for the defendants, said in a statement that they were “pleased this meritless case has been brought to a swift conclusion.”Robert Y. Lewis, one of Mr. Elden’s lawyers, did not respond to an email seeking comment on Sunday.The dismissal came after Judge Olguin dismissed the case in January for another reason: Mr. Elden’s lawyers had missed a deadline to respond to a motion for dismissal by the lawyers for Nirvana.Judge Olguin had allowed Mr. Elden’s lawyers to file a second amended complaint to address “the alleged defects” in the defendants’ motion to dismiss.But the dismissal on Friday appeared to end the legal back-and-forth.Mr. Elden, an artist living in Los Angeles County, has gone to therapy for years to work through how the album cover affected him, his lawyers have said, arguing that his privacy had been invaded, according to court records.He had been seeking $150,000 from each of the 15 people and companies named in the complaint.The photo of Mr. Elden, who was then four months old, was picked from among dozens of pictures of babies by the photographer Kirk Weddle. Mr. Cobain envisioned the album cover showing a baby underwater.Mr. Weddle paid Mr. Elden’s parents $200 for the picture, which was later altered to show the baby chasing a dollar bill, dangling from a fishhook.In the years that followed, Mr. Elden’s opinion about the photo changed. Initially, he appeared to celebrate his part in the classic cover, recreating the moment for the album’s 10th, 17th, 20th and 25th anniversaries, though not naked.“It’s cool but weird to be part of something so important that I don’t even remember,” he said in 2016 in an interview with The New York Post, in which he posed holding the album cover at 25.He also expressed anger at the people who still talked about it, telling GQ Australia that he was not comfortable with people seeing him naked. “I didn’t really have a choice,” he said.In their motion to dismiss, lawyers for Nirvana said that in 2003, when Mr. Elden was 12 years old, he acknowledged in an interview that he would probably always be known as the baby on the album cover.According to the lawyers, he said at the time, “I’m probably gonna get some money from it.” More

    • 138 Shares179 Views

      in Music

      Man Who Shot the Rapper Nipsey Hussle Is Convicted of Murder

      by

      A jury found Eric R. Holder Jr. guilty of first-degree murder for the 2019 killing of Hussle, an artist who devoted his adult life to championing his South Los Angeles neighborhood.Eric R. Holder Jr. was found guilty of first-degree murder more than three years after fatally shooting the Los Angeles rapper Nipsey Hussle.Pool photo by Frederick M. BrownLOS ANGELES — More than three years after the fatal shooting of the rapper Nipsey Hussle, whose 2019 killing in front of the local clothing store he owned scarred the South Los Angeles neighborhood he had devoted his adult life to championing, a jury on Wednesday found Eric R. Holder Jr. guilty of first-degree murder in the case. The verdict closes a painful chapter in recent hip-hop history.At trial, prosecutors described the gunman as an embittered acquaintance who had belonged to the same street gang as Hussle but felt disrespected by him during a brief parking-lot run-in.That Mr. Holder pulled the trigger was not in dispute in court. His own public defender and multiple witnesses identified him as the assailant who fired toward Hussle with two handguns, hitting the rapper at least 10 times before kicking him in the head.But Mr. Holder’s legal team had argued that the case was overcharged. Aaron Jansen, the public defender representing Mr. Holder, said that the killing was not premeditated and instead occurred in the “heat of passion,” about nine minutes after a conversation in which Hussle invoked neighborhood rumors that Mr. Holder had cooperated with law enforcement, or snitched, a serious offense in the gang world, and urged him to clear things up.Mr. Holder should have been charged with voluntary manslaughter, his lawyer said.After meeting for less than an hour on a second day of deliberations, the jury members indicated they agreed with Los Angeles county prosecutors that Mr. Holder had made the decision to kill Hussle as he returned to a car after the two spoke, loaded a gun, took a few bites of French fries and then marched back through the parking lot to confront the rapper.Mr. Holder, 32, was also found guilty of two counts of attempted voluntary manslaughter, stemming from the two bystanders who were wounded in the shooting, lesser charges than the attempted murder counts that prosecutors had brought.Mr. Holder’s lawyer argued that his client had no specific intention of harming either of the wounded men, both of whom were strangers to him, when he attacked Hussle outside of the Marathon Clothing shop in the Crenshaw neighborhood where the rapper and his assailant grew up.In addition, Mr. Holder was found guilty of possessing a firearm as a felon and two counts of assault with a deadly weapon. He could face life in prison, and was scheduled to be sentenced on Sept. 15. Mr. Jansen said that in sentencing, he will ask the judge to consider Mr. Holder’s mental health history, including a years-old schizophrenia diagnosis.In court, Mr. Holder stared forward, unflinching. He wore a dark navy suit and white sneakers. There was no sound in the courtroom as the verdict was announced — no reaction from the half-full gallery.Hussle, whose real name was Ermias Joseph Asghedom, was mourned widely after his death at 33 as a principled artist and entrepreneur who transcended his early years as a member of the local Rollin’ 60s Crips, emerging as a hard-boiled, motivational lyricist and community ambassador. His public memorial in April 2019, at what was then known as the Staples Center in downtown Los Angeles, drew some 20,000 admirers, including Stevie Wonder and Snoop Dogg.Though not a commercial hitmaker for most of his career, Hussle was known for his extensive industry connections and independent business sense, having sold music on his own terms for 15 years before releasing his major label debut, “Victory Lap,” in 2018. A Grammy nomination for best rap album and a management partnership with Jay-Z’s Roc Nation near the end of his life had the rapper poised for a move deeper into the mainstream.Along the way, Hussle had also preached Black empowerment through business and education, investing his winnings as a musician in the neighborhood where he was raised. With a group of backers, Hussle bought the strip mall at the corner of Crenshaw Boulevard and Slauson Avenue that housed his Marathon store, while also helping to open a nearby co-working space dedicated to increasing diversity in science and technology.Following the verdict, John McKinney, the Los Angeles County deputy district attorney prosecuting the case, said he hoped that it would bring “some resounding peace” to friends and fans of the rapper.“This verdict and the story of his life will be talked about for sure at Crenshaw and Slauson,” Mr. McKinney said, “but the meaning of it will carry far beyond those streets.”On the Sunday that Hussle was killed, he had stopped by the shopping plaza for an unannounced visit, as he often did, according to court testimony. While catching up with friends and employees in the parking lot, Hussle spent about half an hour signing autographs and posing for photos with fans.At that time, Bryannita Nicholson, a woman Mr. Holder had been casually dating, was driving him around the area, Ms. Nicholson testified. A key witness for the prosecution who said that she had transported Mr. Holder to and from the scene of the shooting, Ms. Nicholson was granted immunity from prosecution for her appearance in court.When Ms. Nicholson pulled into the plaza so that Mr. Holder could get something to eat, she spotted Hussle in the parking lot and remarked in passing that he looked handsome, she said on the stand. Mr. Holder, a fellow member of the Rollin’ 60s Crips, approached Hussle for a brief conversation while Ms. Nicholson waited in the car, she said.The encounter between the two men was casual and low-key, according to testimony. But prosecutors said Hussle told Mr. Holder that there were rumors going around the neighborhood that he had snitched. Hussle encouraged Mr. Holder to “get the paperwork” showing he had not, said Mr. McKinney.“It just seemed like a regular conversation,” Mr. McKinney told the jury. “But obviously it wasn’t.” He called the pair “two men whose arcs in life were bending in different directions.”As the men finished speaking, Ms. Nicholson said she overheard talk of snitching as she approached Hussle for a selfie, which she posted to Facebook. It would be the last photograph of the rapper. Asked in court if she sensed that a fight was about to occur, Ms. Nicholson said, “No, I wasn’t afraid at all.”As Ms. Nicholson pulled into another nearby parking lot so Mr. Holder could eat, she testified, he pulled out a handgun and began loading it. He walked back toward Hussle’s store; a short time later, Ms. Nicholson heard gunshots.According to witnesses, Mr. Holder had confronted the rapper outside and said, “You’re through” as he opened fire.“You got me,” Hussle said, according to the prosecutor. Two men who were standing with Hussle, Kerry Lathan and Shermi Villanueva, were wounded by the shots.In his opening statement, Mr. McKinney, the prosecutor, portrayed Ms. Nicholson as a kind of unwitting accomplice. “I think you’ll find in her a naïveté, a simplicity,” he said. Mr. Holder mostly avoided her eyes or looked at her dispassionately as she testified.In that testimony, Ms. Nicholson said that when Mr. Holder got back into her car, he told her to drive or he would slap her. That evening, she learned of Hussle’s death. But Ms. Nicholson said it wasn’t until more than a day after the shooting, when her mother recognized her white Chevy Cruze on the news, that she realized that Mr. Holder may have been involved.Mr. McKinney emphasized that Ms. Nicholson quickly agreed to cooperate with the police, allowing the authorities access to data from her phone and submitting to hours of interviews. “I was thinking, ‘Oh my God, this is my reputation, too,’” she testified.In addition to being the agreed-upon motive in the shooting, the concept of snitching — and its outsize importance in gang culture — loomed over the trial. While Mr. Holder was repeatedly identified as the gunman, lawyers on both sides cited some witnesses’ reluctance to testify in detail, or even show up to court, for fear of retribution.“I don’t know nothing, don’t see nothing,” Mr. Lathan, who was wounded in the incident, said during his turn on the witness stand.“You don’t want to testify about what happened?” the prosecutor asked.“That’s right,” Mr. Lathan said.Mr. Jansen, the defense lawyer, had argued that it was precisely that anti-snitching culture that transformed a conversation between Hussle and Mr. Holder into a provocation.“Even people who are shot don’t want to come in and testify against Rollin’ 60s gang members,” Mr. Jansen said in an interview after the verdict. “I thought those facts supported what we were saying: Eric Holder didn’t want to be labeled as a snitch either, out of fear of retribution.”Mr. Jansen added: “I just wanted people to remember that Eric Holder Jr. is a human being. He did a terrible thing and he will have to face justice for that.”Last Tuesday, Mr. Holder was attacked while in custody, briefly delaying the final days of the trial. His lawyer said that his client had been punched in the face and “sliced with some kind of razor.”Because of the high-profile nature of the case, and because it hinged on questions about consequences for snitching, Mr. Jansen said his client should have been in protective custody.In court, prosecutors did rely in part on the testimony of Herman Douglas, known as Cowboy, a onetime Rollin’ 60s member who worked at Hussle’s Marathon store. Mr. Douglas testified that while he was no longer involved in gang life, he still vigilantly watched every car and person that crossed his path for signs they might be dangerous. At no point in Hussle’s conversation with Mr. Holder, he said, did he sense that the rapper was at risk. “I would’ve snatched him up out of there,” Mr. Douglas said.When the defense questioned Mr. Douglas about whether there could be consequences as dire as “getting beat up or even killed” for snitching, Mr. Douglas said that was unlikely. He noted that his participation in the trial could be considered snitching by some. But things had changed since he was coming up in the neighborhood.“I ain’t worried,” he said. “Maybe in the ’80s, yeah, but this is 2022.”Following the guilty verdict, Mr. Douglas sat outside the courtroom and cried into his hand, his shoulders shaking. Later, he told reporters he did not know if he would ever feel closure after his friend’s death. But he said that he hoped his participation in the trial would show others that sometimes it was worth speaking up.“Just do what’s right,” he said. “No matter what people say.” More

    • 125 Shares99 Views

      in Television

      Bill Cosby Loses Sex Assault Lawsuit and Must Pay Damages

      by

      A jury in California sided with Judy Huth, who accused Mr. Cosby of molesting her at the Playboy Mansion in 1975, when she was 16.SANTA MONICA, Calif. — A jury on Tuesday found that Bill Cosby sexually assaulted Judy Huth in 1975, when as a 16-year-old girl she accepted his invitation to join him at the Playboy Mansion in Los Angeles.The decision by the jury once again tarnished the reputation of a man whose standing as one of America’s most beloved entertainers dissolved as dozens of women came forward to accuse him of sexual misconduct.As part of its decision, the jury awarded Ms. Huth $500,000 in compensatory damages, but declined to award punitive damages.Beyond its significance to Ms. Huth, who first came forward with her accusations in 2014, the verdict offered a degree of satisfaction for many of the women who for years have accused Mr. Cosby of similar abuse. The Huth case, for them, offered a second chance at getting public vindication of their accounts after Mr. Cosby’s criminal conviction in the Andrea Constand case was overturned by an appellate panel last year on due process grounds.Many of the accusers had been time-barred from filing their own suits because they had not come forward at the time when they said Mr. Cosby had attacked them. But Ms. Huth’s suit was able to move forward because the jury agreed she was a minor at the time, and California law extends the time frame in which people molested as children can file a civil claim.After the verdict was announced, and the jury dismissed, Ms. Huth hugged her lawyers.“I feel good, I feel vindicated.” Ms. Huth said.The verdict was a damaging setback for Mr. Cosby who, upon his release after serving nearly three years in prison, had promoted the appeals court decision as a full exoneration, an overstatement now overshadowed by a finding that reinforces an image of him as a person who wielded his celebrity to take advantage of women.Mr. Cosby has consistently denied the accounts of all of the women, asserting that, if he had sexual encounters with anyone, it had always been consensual. He invoked his Fifth Amendment privilege against self-incrimination and did not attend the trial. But parts of his deposition, which was videotaped several years ago, were played for the jurors and they heard him say he had no recollection of ever meeting Ms. Huth.The 12-person jury was not unanimous in its findings and voted 9 to 3 to award Ms. Huth the compensatory damages. After the jury was dismissed, one juror, Aldo Reyna, 25, explained why he decided in her favor.“Given the time frame, you have to go on somebody’s word,” he said in an interview. “Either you believe them, or you don’t. I believed her on the stand.”Jennifer Bonjean, a lawyer for Mr. Cosby, claimed some victory in the fact that the jury had decided against awarding punitive damages.“We do feel some relief,” she said. “Finding no punitive damages was a significant win for us.”A spokesman for Mr. Cosby, Andrew Wyatt, said the entertainer would appeal.“Mr. Cosby continues to maintain his innocence,” Mr. Wyatt said in a statement, “and will vigorously fight these false accusations, so that he can get back to bringing the pursuit of happiness, joy and laughter to the world.”The jury, which began deliberating Thursday, heard 10 days of testimony during which Ms. Huth, now 64, told of how a chance meeting with Mr. Cosby while he filmed a movie in a local park eventually led her to an isolated bedroom in the Playboy Mansion. In often emotional testimony, she described how a famous man she had once admired, whose comedy records her father collected, tried to put his hand down her pants and then forced her to perform a sex act on him.“I had my eyes closed at that point,” Ms. Huth said in court. “I was freaking out.”Afterward, she said, she was “mad — I felt duped, fooled. I was let down. I was hurt.”The Playboy encounter occurred several days after Ms. Huth and a friend, Donna Samuelson, met Mr. Cosby as he filmed a scene for a movie, “Let’s Do It Again,” in a park in San Marino, Calif., not far from their homes.Ms. Huth and Ms. Samuelson testified that Mr. Cosby invited them several days later to his tennis club and then to a house where he was staying, where they played billiards, he gave them alcohol and got them to follow him in their car to the Playboy Mansion, where he told them to say they were 19 if anyone asked their age.A snapshot of Ms. Huth and Mr. Cosby at the Playboy Mansion, taken by Ms. Huth’s friend. It was entered as evidence at trial.Jenna Schoenefeld for The New York TimesMr. Cosby, 84, denied Ms. Huth’s allegations, with his lawyer Jennifer Bonjean describing her account as “a complete and utter fabrication.” Though the jury was shown photographs of Mr. Cosby with Ms. Huth at the Playboy Mansion, taken by Ms. Samuelson, Mr. Cosby said in the deposition that he takes pictures with a lot of people and his lawyer suggested Ms. Huth had made up the assault and coordinated with her friend to make money.Ms. Bonjean pointed out that Ms. Huth, by her own account, had spent hours at the mansion after what Ms. Huth had described as a callous molestation, swimming in the pool and ordering cocktails. And she challenged Ms. Huth’s explanation for why she had not spoken about the episode in the months and years afterward, questioning whether Ms. Huth had really repressed a terrible experience or whether she simply came forward with an accusation to join others who were providing accounts of misconduct by Mr. Cosby at that time.Ms. Huth said she had simply buried the traumatic experience for years.“It’s like trash,” she said. “You dig a hole and throw trash in it.”The jury sided with Ms. Huth. But its decision came after lengthy deliberations punctuated by multiple questions from jurors who sought guidance on how to interpret the language of questions on a verdict sheet they were given as a guide. The process was further complicated when the jury forewoman had to be excused after the second day of deliberations. The panel, which reported it was close to a verdict on Friday, had to take on an alternate and was told to start over.As the trial progressed, Mr. Wyatt increasingly criticized the judge and one of Ms. Huth’s lawyers, Gloria Allred. Mr. Wyatt said the judge had unfairly favored Ms. Huth and he objected when Ms. Allred made an acknowledgment of Juneteenth in court, releasing a statement that she was exploiting the memory of “enslaved people” even as she helped a suit against Mr. Cosby, whom he called “Black America’s Icon.”After the verdict, Ms. Allred congratulated Ms. Huth on persevering through a long legal battle.“She has demonstrated so much courage and made so many sacrifices to win justice,” Ms. Allred said. “She won real change. She fought Bill Cosby and won.”Ms. Huth’s was the first civil case accusing Mr. Cosby of sexual assault to reach trial. He had been sued by other women, many of whom said he had defamed them after his legal team dismissed their allegations as fictions. Eleven civil cases ended in settlements, with 10 of the settlements having been agreed to by Mr. Cosby’s former insurance company over his objections, his spokesman said.Ms. Huth’s case had largely been put on hold while prosecutors in Pennsylvania pursued Mr. Cosby on criminal charges that he had drugged and sexually assaulted Ms. Constand, a former Temple University employee.But his 2018 conviction in that case was overturned by the Pennsylvania Supreme Court, which ruled that a nonprosecution agreement made by a previous prosecutor meant that Mr. Cosby should not have been charged in the case.One remaining civil case was filed last year by Lili Bernard, an actor and visual artist, who accused him of drugging and sexually assaulting her at a hotel in Atlantic City in 1990, when she was 26. Mr. Cosby has denied her account, and the case is still in its early stages.Ms. Bernard was one of several women who have accused Mr. Cosby of abusing them sexually who attended the trial in Santa Monica on some days in support of Ms. Huth. She praised the verdict, saying, it “goes way beyond Cosby survivors.”“Judy Huth is a hero!” she said. “Her coming forward inspired others to find their voices.” More