More stories

  • in

    Cardi B Awarded $1.25 Million in Libel Lawsuit Against Celebrity Gossip Blogger

    The rapper sued the YouTuber Tasha K in 2019 after she posted a series of videos claiming that Cardi B was a prostitute.A federal jury on Monday awarded the rapper Cardi B $1.25 million in damages in a libel lawsuit against a celebrity gossip blogger who had posted videos in 2018 claiming that she was a prostitute who had contracted sexually transmitted infections and used cocaine.Cardi B, whose real name is Belcalis Almanzar, had sued the celebrity gossiper, known as Tasha K, in 2019 for posting more than 20 videos that spread “malicious rumors” about the rapper, according to the lawsuit, which was filed in U.S. District Court for the Northern District of Georgia, where Tasha K lives.The jury found Tasha K, whose real name is Latasha Kebe, liable on two counts of slander and one count each of libel and invasion of privacy, according to a verdict filed on Monday.Ms. Kebe had also posted in 2018 that Ms. Almanzar had herpes outbreaks in her mouth and that she would give birth to a child with intellectual disabilities.Ms. Almanzar, 29, testified in court this month that she “felt extremely suicidal” after Ms. Kebe posted the videos, adding that “only an evil person could do that,” Lisa Moore, a lawyer for Ms. Almanzar, said on Monday.In the lawsuit, the rapper’s lawyers said that the content would damage her reputation with her fans and affect her business prospects. Cardi B, a Grammy-winning rapper from the Bronx, found fame in 2017 with her song “Bodak Yellow,” which immortalized her propensity for making “money moves.”Ms. Kebe’s claims have helped her amass millions of views on Twitter, Instagram and her YouTube channel, unWinewithTashaK. Most of the content can still be viewed online, even though the rapper sent Ms. Kebe a cease-and-desist letter a few months after Ms. Kebe first posted about her in 2018, according to the lawsuit.Ms. Almanzar’s lawyers said Ms. Kebe was “obsessed with slandering” the rapper, and that she posted the content because it got more views than her other posts, according to the lawsuit. Ms. Almanzar’s lawyers said that the rapper was not a prostitute, had never had herpes and had never used cocaine.Ms. Kebe’s lawyers did not immediately respond to emails or phone calls on Monday.On Monday afternoon, Ms. Kebe said on Twitter that “My Husband, Attorney’s, & I fought really hard,” adding, “it’s only up from here.”Ms. Almanzar had filed the lawsuit against both Ms. Kebe and Starmarie Ebony Jones, a guest on Ms. Kebe’s YouTube channel who had claimed to be a former friend of the rapper.Ms. Jones was not included in the verdict on Monday because she moved to New York after Ms. Almanzar sued her, the rapper’s lawyers said. The lawyers filed another lawsuit against her in New York, where she was found liable last year on counts of libel, slander and invasion of privacy. A lawyer for Ms. Jones could not immediately be reached for comment on Monday night.This case was not the first time the rapper found herself in court. She was indicted in Queens in 2019 in connection with a fight in a strip club the year before. The case is still ongoing. More

  • in

    Lawsuit Says Faculty at a Top Arts School Preyed on Students for Decades

    Dozens of people who studied at the University of North Carolina School of the Arts during a period of more than 40 years say they were sexually, emotionally or physically abused there as minors.The breadth of the 236-page complaint is as stunning as its details are disturbing.A total of 56 former arts students say dozens of teachers and administrators participated in, or allowed, their sexual, physical and emotional abuse when they were in school. Overall, the misconduct spanned more than 40 years, beginning in the late 1960s, according to the lawsuit, and included assaults in classrooms, private homes off campus, a motel room off a highway, and a tour bus rumbling through Italy.Respected figures in the dance and performing arts world who worked at the school are said to have participated.The lawsuit, filed late last year, accuses faculty at the prestigious University of North Carolina School of the Arts of a range of abuses including rape. Court papers describe student complaints of being groped, of being fondled through their leotards and of alcohol-fueled dance parties where students as young as 14 were told to completely disrobe and perform ballet moves.“We were children, and we were brave enough to come forward and not one single adult that represented the institution was as brave as we were,” said Melissa Cummings, 42, who described in an interview and court documents being invited to such parties as a student in 1995. She said she reported the abuse to the police and school officials when she was a senior there in 1997, but little changed.“Your teenage years are so formative,” she said. “It destroyed me.”Former students at the arts school, Chris Alloways-Ramsey, left, Melissa Cummings and Frank Holliday, are three of the 56 plaintiffs in the lawsuit.Janet Linup; Chris Cummings; Rafael SalgadoSome of the teachers characterized in the lawsuit as the worst offenders are now dead. Others have yet to respond in court papers; still others declined or did not respond to requests for comment.But the school itself, which is the lead defendant in the case, has expressed concern about the seriousness of the allegations and sought to assure the public that it has changed.“I was personally horrified when I was made aware of the allegations in the complaint,” Brian Cole, the chancellor of the School of the Arts, said in a statement. “I respect the tremendous courage it took for our alumni to come forward and share their experiences, and we are committed to responding with empathy and openness in listening to their stories.” He also noted that “U.N.C.S.A. today has systems in place for students to report abuse of any kind.”The school was the nation’s first public arts conservatory when it opened in the 1960s as the North Carolina School of the Arts in a quiet neighborhood just outside downtown Winston-Salem. According to court papers, the residential high school and college recruited students as young as 12, to study ballet, modern dance, music and other disciplines on a campus that included summer programs. It became part of the University of North Carolina system in 1972.Some former students, teachers and school administrators have said throughout the years that their experience at the institution had been formative and enriching. But the plaintiffs depict a setting of rampant misconduct, and their lawsuit, filed in Forsyth County Superior Court, says it occurred, not for one year or two, but for decades, at one of the country’s most renowned arts schools.The lawsuit seeks damages from 29 individuals named as defendants, eight of whom are accused in court papers of having directly abused students. In addition, the court documents say, 19 former administrators are said to have done nothing to stop a culture of exploitation so widespread that some students invented nicknames for two dance instructors described as the most prolific abusers — Richard Kuch and Richard Gain. They were known as “Crotch” and “Groin,” according to the court papers, which say the teachers often invited their minor students to a rural home, known as “The Farm,” where students said they were abused.Mr. Kuch and Mr. Gain resigned from the arts school in 1995 after the school’s chancellor initiated termination proceedings against them. Mr. Kuch died in 2020, according to public records. Attempts to reach Mr. Gain were unsuccessful.The suit was filed under the terms of a look-back law adopted in North Carolina in 2019 that opened a window for adult victims of child sexual abuse to sue individuals and institutions they hold responsible, even if the statute of limitations on their claims had expired. (The law is currently facing legal challenges.)Similar laws are in place in roughly two dozen states, including California and New York following high-profile cases of sex abuse by authority figures that led lawmakers to rethink the wisdom of legally imposing time limits on the reporting of sex crimes.“Our lawsuit against U.N.C.S.A. is an important example of a national trend,” said Gloria Allred, who is among the lawyers representing the victims in the case. “We are very proud of our clients for speaking truth to power and finding their courage to hold accountable those whom they believe have betrayed them.”Some of the allegations had emerged publicly in a 1995 lawsuit brought by Christopher Soderlund, who is also a plaintiff in the current case. Mr. Soderlund’s lawsuit was eventually dismissed on the grounds that the three-year statute of limitations on his claims had expired.At that time, the U.N.C. Board of Governors formed an independent commission “to review and respond to the concerns vocalized,” and produced a report that found “no widespread sexual misconduct at U.N.C.S.A.,” Chancellor Cole wrote in a letter to the campus community last fall.In the current case, former students say that they endured the abuse in part because their tormentors sat on the juries that had the power to decide who to readmit each year. The court papers say the students were groomed to accept the abuse by teachers who suggested they were worthless, that their chosen professions in the arts would be cruel and that only by doing whatever their elite instructors demanded would they be able to succeed in their careers.“It’s a very hard thing to explain,” said Christopher Alloways-Ramsey, one of the plaintiffs who has accused a ballet teacher, Duncan Noble, and others, of abusing him. (Mr. Noble’s work as an arts instructor was praised in his obituary in The New York Times in 2002.)“You’re 16 years old and you really desperately want a career in ballet. The person you idolize is telling you, ‘I can give you that.’ The underlying subtext is that there will be something in exchange,” Mr. Alloways-Ramsey, 53, added. “But as a young person, you don’t actually understand what that might be.”The court documents say that in the 1980s teachers held mandatory “bikini” days in modern dance class. In later years, teenage drama students were told to “seduce” their professors and were instructed to kiss each other lustfully for extended periods of time. Former students said instructors including Mr. Kuch, Mr. Gain and Melissa Hayden, the now deceased former star of New York City Ballet, often told them they needed to have sex in order to benefit their performance as dancers. Ms. Hayden was described in court papers as a verbally and physically abusive instructor, who, for example, beat a student on the leg with a stick and slapped another on the back so hard it knocked the student off her feet.Some of the most egregious abuse occurred in private settings, according to the complaint, which said a ballet instructor once sat on a toilet in his hotel room and watched a student as she bathed. In another instance reported in the suit, a trombone teacher is said to have led a 16-year-old student into a dark room during an off-campus party, unzipped his pants and assaulted her.The school had been the subject of a similar lawsuit in 1995 but the case was dismissed on statute of limitations grounds. The former student who was the plaintiff in that case has joined the new lawsuit. Julia Wall/The News & Observer“It was soul crushing” said Frank Holliday, 64, of Brooklyn, who described the trauma of having to crawl through a dorm-room window after having sex with Mr. Kuch to avoid notice and embarrassment.One former instructor accused in the suit, Stephen Shipps, who taught violin and left in 1989 for the University of Michigan, pleaded guilty in 2021 in federal court to one count of transporting a minor across state lines to engage in sexual activity. Mr. Shipps retired from the University of Michigan in February 2019, according to multiple news reports. His sentencing is set for Feb. 17.In the current lawsuit, Mr. Shipps is accused of having summoned a 17-year-old student to his school office where he engaged in inappropriate sexual relations with her every day of the workweek.Reached by telephone, Mr. Shipps declined to comment.The suit also accuses the so-called defendant administrators of failing to protect the students, asserting they “clearly knew or should have known of the sexual exploitation and abuse of minor and other students that was occurring” and that they “unconscionably allowed this egregious and outrageous conduct to continue.”Ethan Stiefel, a former American Ballet Theater star who later became a dean at the arts school, is one administrator listed as having held a position of responsibility at the time of some of the alleged abuse.Attempts to reach Mr. Stiefel by telephone and email were unsuccessful.When Mr. Soderlund’s lawsuit was filed years ago, and in recent months as the new court case drew attention, some former faculty members and school administrators have said they had no knowledge of the sort of misconduct described in the case.In a telephone interview, Joan Sanders-Seidel, 88, a former faculty member who taught ballet and worked in the dance department for more than 20 years, described the students as among the most talented and industrious in the country, and a joy to teach.“It was very special,” she said of the school, adding that she “loved every minute” of working there.Ms. Sanders-Seidel’s own daughter attended the school and they only recently discussed the allegations of abuse, she said.“I’m surprised about how stupid I was — how unaware,” Ms. Sanders-Seidel said. “I was never a naïve, innocent little dancer myself. So if I suspected anything, I probably just brushed it off.”Kirsten Noyes contributed research. More

  • in

    ‘Rust’ Armorer Sues Supplier of Ammunition and Guns for Film Set

    The lawsuit accuses the supplier of contributing boxes of ammunition that were represented as containing only inert dummy rounds but that included live rounds.The armorer who was tasked with managing weapons for the film “Rust” in New Mexico, where Alec Baldwin fatally shot a cinematographer last year, filed a lawsuit on Wednesday accusing a supplier of guns and ammunition of introducing “dangerous” materials onto the set.In the lawsuit, the armorer, Hannah Gutierrez-Reed, said Seth Kenney and his company, PDQ Arm & Prop, had supplied the box — labeled “dummy” rounds — that, in fact, contained at least one live round, which discharged from a gun that Baldwin was practicing with on Oct. 21 of last year. The discharge killed the cinematographer, Halyna Hutchins, and wounded the movie’s director, Joel Souza.“Hannah and the entire ‘Rust’ movie crew relied on the defendants’ misrepresentation that they provided only dummy ammunition,” according to documents in the suit filed in state court in New Mexico.According to the lawsuit, which named Mr. Kenney and his company, he had worked with Ms. Gutierrez-Reed’s father, Thell Reed, a prominent Hollywood armorer, on a different movie set in Texas about a month or two before the deadly shooting.Mr. Kenney had asked Mr. Reed to help train actors to shoot live rounds at a firing range off-set, the lawsuit said. Afterward, Mr. Kenney took ammunition, including live rounds that Mr. Reed had supplied for the training, it said..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}According to court documents filed by a detective for the Santa Fe County Sheriff’s Office last year, Mr. Reed has said the live ammunition used on the shooting range could be the same that ended up on the “Rust” set.Ms. Gutierrez-Reed’s lawyers said in the lawsuit that Mr. Kenney and PDQ Arm & Prop of Albuquerque had “distributed boxes of ammunition purporting to contain dummy rounds, but which contained a mix of dummy and live ammunition to the Rust production.”They “knew or should have reasonably believed that the ammunition they supplied to the Rust production would be used in the filming of scenes involving the discharging of firearms,” the filing stated.Mr. Kenney did not immediately respond to a request for comment. His role as a supplier of blanks and dummy rounds to the production, and the question of whether he may have sent live ammunition as well, are already being investigated by law enforcement officials in New Mexico.In November, a warrant was issued to search Mr. Kenney’s business. According to an affidavit in the case, the head of props on “Rust,” Sarah Zachry, told detectives that some of the ammunition had come from Mr. Kenney, while some came from a previous production Ms. Gutierrez-Reed had worked on and “an individual identified as ‘Billy Ray.’”At the time, Mr. Kenney, who has also done business out of Arizona and California, said he was confident he was not the source of any live round.“It is not a possibility that they came from PDQ or from myself personally,” he said in an interview with “Good Morning America,” adding that dummy rounds from his company get individually “rattle tested” before they are sent out (when shaken, dummy rounds will rattle, while live rounds will not).In the latest lawsuit, Ms. Gutierrez-Reed’s lawyers described the actions she took to check that the gun was safe before it was later handed to Baldwin. “Hannah remembered the chamber that she believed needed to be cleaned in Baldwin’s gun and she cleaned it and then Hannah pulled another round from the dummy box, shook it, and placed it in the chamber,” the court papers said. “To the best of Hannah’s knowledge, the gun was now loaded with 6 dummy rounds.”Ms. Gutierrez-Reed’s lawyer has previously said that she did two jobs on the “Rust” set — armorer and props assistant — which made it difficult for her to focus fully on her job as armorer. The lawsuit, which characterized the “Rust” set as having a “rushed and chaotic atmosphere,” noted that Ms. Gutierrez-Reed was to be paid about $7,500 for both jobs combined.Ms. Gutierrez-Reed has been named as one of several defendants in separate lawsuits filed by two “Rust” crew members who asserted that she had failed to follow appropriate safety measures as armorer and that at 24 years old, she was not experienced enough to be overseeing weapons on the set.Mr. Kenney and his company represented that the “props were dummy rounds and safe and effective products for use on a movie set when in fact they were unsafe live rounds and never should have been on a movie set,” Ms. Gutierrez-Reed’s lawyers said in the court papers. More

  • in

    ‘Cheer’ Is Back. Here’s Where the Jerry Harris Case Stands.

    The Emmy-winning Netflix documentary series returns for a second season on Wednesday without its breakout star, who is awaiting trial in a case involving child sexual abuse imagery.Last month, Netflix announced a surprise second season of its Emmy-winning documentary series “Cheer,” which follows a national champion cheerleading team from Navarro College, a small-town Texas community college.While the new season shifts the focus to a fresh group of cheerleaders, one recent graduate remains in the news: Jerry Harris, the Navarro cheerleader whose “mat talk” and constant optimism in Season 1 made him a talk-show darling, has cast a shadow over the show. Twin teenage boys sued Harris in September 2020, accusing him of sexual abuse. He was also arrested that month on federal child pornography charges and remains in custody.The nine-episode season addresses the case from the start and includes an hourlong episode featuring on-camera interviews with Harris’s former cheerleading teammates from Navarro; the team’s coach, Monica Aldama; the brothers who are suing Harris; their mother; and the USA Today reporters who broke the news.Here’s what to know about the accusations against Harris, who is now 22, the status of his case and where Season 2 picks up.Jerry Harris in “Cheer.”NetflixWhat is Jerry Harris accused of?In September 2020, the twin brothers, who were then 14 years old, filed a lawsuit in Texas accusing Harris of sending them sexually explicit messages via text and social media, demanding they send him nude photos of themselves, and, while at a cheerleading competition in 2019, asking one of them for oral sex. Harris befriended the boys when they were 13 and he was 19, USA Today reported. Harris, of Naperville, Ill., was arrested by the F.B.I. in September 2020 and charged with production of child pornography.In a voluntary interview with the F.B.I. after his arrest, Harris acknowledged that he had exchanged sexually explicit photos on Snapchat with at least 10 to 15 people he knew were minors; had sex with a 15-year-old at a cheerleading competition in 2019; and paid a 17-year-old to send him nude photos.In the months that followed, federal agents interviewed other minors who said they had had relationships with Harris. In December 2020, they filed additional charges against him including four counts of sexual exploitation of children, one count of receiving and attempting to receive child pornography, one count of traveling with the attempt to engage in sexual conduct with a minor and one count of enticement, for a total of seven counts related to five minor boys. The indictment says these acts took place between August 2017 and August 2020 in Florida, Illinois and Texas. If convicted, Harris could face 15 to 30 years in federal prison.How has Harris responded to the accusations?In December 2020, he pleaded not guilty to the multiple felony charges. Harris’s lawyer, Todd Pugh, did not respond to requests for comment on Monday.Where does the new season of “Cheer” pick up?When we left the Navarro College team at the end of the first season, it was after they had won the 2019 junior college division of the National Cheerleaders Association and National Dance Alliance Collegiate National Championship in Daytona, Fla. Cue a “Today” show invite, an “Ellen DeGeneres Show” appearance and an “S.N.L.” parody.Season 2 began filming in January 2020 but came to a halt amid the pandemic shutdowns. The 2020 national championship was canceled because of Covid. Filming resumed in September 2020, tracking the team’s journey to the 2021 championship in April. (We won’t spoil it here, but if you want to know how they fared, well, we won’t stop you.)From left, Grant Lockaby, Lexi Brumback, La’Darius Marshall and Morgan Simianer in Season 2 of “Cheer.”NetflixThis season, the series follows the new cheer team as they get ready to compete against the rival Trinity Valley Community College. It also follows a few cast members from Season 1 (Gabi Butler, La’Darius Marshall, Lexi Brumback and Morgan Simianer all return).It addresses new challenges the team has faced since it claimed the 2019 title, including the departure of the head coach, Aldama, to compete on “Dancing With the Stars” in Los Angeles. She made it to Week 7 out of 11, but was 1,500 miles away from her squad when the allegations against Harris became public in September 2020.How does “Cheer” address the allegations?After Harris’s absence is mentioned in Episode 1, the show devotes almost the entire hour of Episode 5 to examining the case. It includes interviews with the twins, who discuss their decision to go public and the fallout from the accusations.The episode also includes interviews with Harris’s former teammates, who struggle to reconcile the bubbly, positive cheerleader they thought they knew with the crimes he is accused of committing. Aldama reveals that Harris wrote her a letter in which he said he hoped to become a motivational speaker one day.The one person we don’t hear from is Harris. In the press notes for the series, the “Cheer” director, Greg Whiteley, said he hadn’t talked to him, adding that Harris’s lawyers had prevented it. Netflix said Harris’s lawyers declined to comment for the series.Where is Harris now?Harris has been held without bond at the Metropolitan Correctional Center in Chicago since his September 2020 arrest after a judge suggested he would pose a danger to the public if released. No trial date has yet been set. A case status hearing is scheduled for Wednesday. More

  • in

    Lawsuit Accusing Nirvana of Sexually Exploitive Imagery Is Dismissed

    Spencer Elden, who was pictured naked as a baby on the cover of “Nevermind,” said Nirvana had engaged in “child pornography.”A federal judge has dismissed a lawsuit filed by a man who said he had been sexually exploited by the grunge rock group Nirvana when the band used a photo of him as a baby, naked and drifting in a pool, for the cover of its seminal album “Nevermind.”In his complaint, the man, Spencer Elden, 30, accused Nirvana of engaging in child pornography when it used a photo of him as the cover art of “Nevermind,” the Seattle band’s breakthrough 1991 album that helped define Generation X and rocketed the group to international fame.The lawsuit was dismissed after a judge in the U.S. District Court for the Central District of California said that Mr. Elden’s lawyers missed a deadline to respond to a motion for dismissal by the lawyers for Nirvana.Judge Fernando M. Olguin said that Mr. Elden’s lawyers had until Jan. 13 to file a second amended complaint to address “the alleged defects” in the defendants’ motion to dismiss.Robert Y. Lewis, one of Mr. Elden’s lawyers, said they would file the complaint well before the deadline. He said the missed deadline was a result of “confusion” over how much time they had to respond to the motion for dismissal.“We feel confident that our amended complaint will survive an expected motion to dismiss,” Mr. Lewis said.The lawsuit was filed in August 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. Their lawyers did not immediately respond to messages for comment on Tuesday.In their motion to dismiss, the lawyers for Nirvana said that Mr. Elden’s lawsuit failed to meet the statute of limitations to file a complaint citing a violation of federal criminal child pornography statutes. But they also denied that the picture, “one of the most famous photographs of all time,” was an example of child pornography.“Elden’s claim that the photograph on the ‘Nevermind’ album cover is ‘child pornography’ is, on its face, not serious,” they wrote. “A brief examination of the photograph, or Elden’s own conduct (not to mention the photograph’s presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography), makes that clear.”Instead, they said, “the photograph evokes themes of greed, innocence and the motif of the cherub in Western art.”Mr. Elden was 4 months old when he was photographed in 1991 by a family friend, Kirk Weddle, at the Rose Bowl Aquatics Center in Pasadena, Calif.The photo of Mr. Elden was picked from among dozens of pictures of babies Mr. Weddle photographed for the album cover, which Mr. Cobain, the band’s frontman, envisioned 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, dangling from a fishhook.In the decades that followed, Mr. Elden 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.But in the lawsuit, Mr. Elden said he had suffered “permanent harm” because of his association with the album, including emotional distress and a “lifelong loss of income-earning capacity.”The lawsuit did not provide details about the losses but said that Nirvana, the producers of the album and others had all profited from the album’s sales at the expense of Mr. Elden’s privacy.The lawyers for Nirvana said that Mr. Elden used his fame from the photo to pick up women and benefited financially from the album cover. They described the various times he re-enacted the photograph for a fee, his public appearances parodying the cover, and the copies of the album that he autographed, which were then sold on eBay.They wrote: “Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby.’” More

  • in

    Alec Baldwin Says He Is Not Responsible for Fatal Shooting on ‘Rust’

    In an emotional interview with ABC News, the actor asserted, ‘Someone put a live bullet in a gun.’The actor Alec Baldwin fiercely insisted he was not to blame in the fatal shooting of a cinematographer on the set of a Western being filmed in New Mexico, claiming that another person had accidentally placed a live round in the gun that went off in his grasp as he was rehearsing a scene.“Someone put a live bullet in a gun, a bullet that wasn’t even supposed to be on the property,” Mr. Baldwin said in a television interview that was broadcast on Thursday night. “Someone is ​responsible for what happened, and I can’t say who that is, but I know it’s not me.”Mr. Baldwin made the comments in an emotional ABC News interview with George Stephanopoulos, the first time that Mr. Baldwin has publicly given an account of what happened in October. The actor’s description of the episode may cast greater scrutiny on crew members and suppliers and the question of who was responsible for safeguarding firearms in the low-budget production.In the interview, excerpts from which had been released on Wednesday, Mr. Baldwin also said that he did not pull the trigger of the gun he was practicing with on the set of “Rust” when it fired a live round.“I would never point a gun at anyone and pull a trigger at them — never,” Mr. Baldwin said.The fatal shooting took place on Oct. 21 near Santa Fe, N.M., on a movie set designed to be a church. Mr. Baldwin was practicing drawing an old-fashioned revolver that he had been told contained no live rounds when it suddenly fired, killing the film’s cinematographer, Halyna Hutchins, 42, and wounding its director, Joel Souza, 48.The cinematographer who was killed, Halyna Hutchins, was mourned in October at a candlelight vigil in Burbank, Calif. Chris Pizzello/Associated PressMr. Baldwin said that he was stunned by what happened and that at least 45 minutes passed after the gun went off before he realized that it could have contained a live round..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}“I stood over her for 60 seconds as she just laid there kind of in shock,” Mr. Baldwin said.The actor added that he did not cock the hammer of the gun, but pulled it back as far as he could and let it go in an action that might have set it off. “I let go of the hammer — bang, the gun goes off.”Investigators are seeking to determine how a live round got into the gun that Mr. Baldwin was practicing with, why the crew members who inspected it on set failed to notice, and why the gun fired.Mr. Baldwin’s contention that he had not pulled the trigger was supported by a lawyer for the film’s assistant director, Dave Halls, who had been standing near Mr. Baldwin inside the church set when the gun fired.The lawyer, Lisa Torraco, told the ABC News show “Good Morning America” on Thursday that Mr. Halls had told her that “the entire time Baldwin had his finger outside the trigger guard, parallel to the barrel.” She said Mr. Halls had told her that “since Day 1, he thought it was a misfire.”In the ABC interview, Mr. Baldwin also said he recalled that shortly before the shooting, Mr. Halls had told him, “This is a cold gun,” an industry term implying that firearm does not have live rounds and is safe to use.“When he’s saying, ‘This is a cold gun,’ what he’s saying to everybody on the set is, ‘You can relax,’” Mr. Baldwin said.Mr. Baldwin, who has come under intense criticism after the shooting, has already been questioned by detectives and is cooperating with the investigation. No one has been charged in connection with the shooting, and authorities have not placed blame on any individual.“I got countless people online saying, ‘You idiot, you never point a gun at someone,’” Mr. Baldwin said. “Well, unless you’re told it’s empty and it’s the director of photography who’s instructing you on the angle for a shot we’re going to do.”Some gun experts said it was possible that the gun, a single-action revolver, could have discharged without Mr. Baldwin’s pulling the trigger if he had pulled back the revolver’s hammer and released it before it was fully cocked. But they questioned whether that would have created enough force to fire the live round.Clay Van Sickle, a movie industry armorer who did not work on “Rust,” said guns generally go off only when someone pulls the trigger. “Unless that gun was in a horrible state of disrepair,” he said, “there is no other way that gun could have gone off.”As detectives work to trace the source of the live round, one focus has been on Seth Kenney, who supplied blanks and dummy rounds for the production.According to court documents filed on Tuesday, detectives are trying to determine whether Mr. Kenney sent live ammunition as well as blanks and dummies, and they have searched his business in Albuquerque, PDQ Arm & Prop.Mr. Kenney said in an interview that he was confident he was not the source of any live round.“It is not a possibility that they came from PDQ or from myself personally,” he told “Good Morning America.”Thell Reed, a weapons expert who has worked and consulted on a number of films, has told detectives that he supplied live rounds to Mr. Kenney for training on another film, according to court documents. Mr. Reed, who is the father of Hannah Gutierrez-Reed, the “Rust” armorer, suggested they might match live rounds found on “Rust.”The film’s prop master, Sarah Zachry, has told investigators, according to the court documents, that the ammunition on the set had come from “various sources” — from Mr. Kenney, but also from Ms. Gutierrez-Reed, who was said to have brought some from a previous production, and from a person identified only as “Billy Ray.”Since the fatal shooting, two crew members who were in the room when the gun went off have filed separate lawsuits, naming Mr. Baldwin, the film’s producers and other crew members including Mr. Halls and Ms. Gutierrez-Reed as defendants.Both lawsuits say Mr. Baldwin should have checked the gun himself to see whether it was safe to handle. In the interview, Mr. Baldwin said that on the day of the shooting, one of the plaintiffs touched his shoulder and said he bore no responsibility for what happened.Mr. Baldwin declined to say which plaintiff it was. Serge Svetnoy, one of the crew members who filed suit, told ABC that he did say that to Mr. Baldwin but later changed his mind.The actor insisted that the tragedy occurred after he was handed the gun and was told it was safe, and that Ms. Hutchins herself had told him how to position it. Both he and Ms. Hutchins assumed the gun was safe to handle, he said.“I am holding the gun where she told me to hold it,” Mr. Baldwin said. “I can’t imagine I’d ever do a movie that had a gun in it again.”Matt Stevens More

  • in

    ‘’Twas the Fight Before Christmas’ Review: A Not-So-Silent Night

    This documentary recounts how an Idaho man filed a discrimination lawsuit after his neighbors refused to let him host an annual Christmas light extravaganza.If your holiday dinner table sees some heated arguments this year, just be glad if it doesn’t result in an actual melee, with armed standoffs in front of a blow-up Santa Claus.That’s how bad things get in “’Twas the Fight Before Christmas,” an Apple Original documentary that recounts how Jeremy Morris, an attorney from Idaho, sued his neighborhood homeowners association, claiming religious discrimination after it refused to let him host his annual Christmas light extravaganza.Directed by Becky Read, the film feels at first like a mundane depiction of a neighborhood squabble, giving play-by-play accounts of the stern letters sent back and forth between Morris and the West Hayden Estates Homeowners’ Association. But once Morris decks his house with over 200,000 Christmas lights and orders a camel — yes, a live camel — to his front yard despite warnings not to do so, the stakes quickly escalate.Morris, who eats up the screen in his on-camera interviews, has the tenacity of both a well-trained lawyer and a zealot, positioning himself as a “miracle worker” unable to fully practice his Christian faith even as he makes life difficult for those around him. Read also interviews many of the West Hayden Estates residents, who participate in soft re-enactments of the events that help bring the absurdity of the conflict to light.By the time the legal battle reaches its conclusion (for now), the film is more than ready to hint at the greater political implications of Morris’s actions, with the attorney voicing his desire to run for senator. One can’t help but wonder if Morris has already calculated the number of Christmas lights needed to cover the White House.’Twas the Fight Before ChristmasNot rated. Running time: 1 hour 31 minutes. Watch on Apple TV+. More

  • in

    'Rust' Script Supervisor Sues Alec Baldwin and Others

    A lawsuit filed by the supervisor, Mamie Mitchell, said an injury or death on the set was “a likely result” of the production’s failure to follow safety protocols.A script supervisor for the movie “Rust” recalled Wednesday how she had been watching the actor Alec Baldwin practicing a move with a gun on the set in New Mexico last month, holding her script and checking photos on her iPhone to make sure that he was wearing the right shirt and vest, when she heard a loud blast.“Then, an explosion,’’ the supervisor, Mamie Mitchell, recalled at a news conference in Los Angeles. “A deafening, loud gunshot. I was stunned. I heard someone moaning and I turned around and my director was falling backward and holding his upper body.”Then, she said, she turned and saw the film’s cinematographer, Halyna Hutchins, sink down to the ground. Law enforcement officials have said that Ms. Hutchins, 42, was shot and killed, and the film’s director, Joel Souza, 48, was wounded, when the gun that Mr. Baldwin had been practicing with, which he had been told did not contain any live ammunition, discharged, firing a real bullet that struck them both.Ms. Mitchell, who said that she ran out of the wooden church set and used the phone in her hand to call 911, announced Wednesday that she had filed a lawsuit against the producers on the film, including Mr. Baldwin, and several members of its crew.“Alec Baldwin intentionally, without just cause or excuse, cocked and fired the loaded gun even though the upcoming scene to be filmed did not call for the cocking and firing of a firearm,” the lawsuit, which was filed in Los Angeles Superior Court, said.The script supervisor, Mamie Mitchell, at the news conference Wednesday announcing the lawsuit. Rodin Eckenroth/Getty Images“The fact that live ammunition was allowed on a movie set, that guns and ammunition were left unattended, that the gun in question was handed to Mr. Baldwin by the assistant director who had no business doing so, the fact that safety bulletins were not promulgated or ignored, coupled with the fact that the scene in question did not call for a gun to be fired at all, makes this a case where injury or death was much more than just a possibility — it was a likely result,” the lawsuit said..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-m80ywj header{margin-bottom:5px;}.css-m80ywj header h4{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:500;font-size:1.25rem;line-height:1.5625rem;margin-bottom:0;}@media (min-width:740px){.css-m80ywj header h4{font-size:1.5625rem;line-height:1.875rem;}}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}A lawyer for Mr. Baldwin did not immediately respond to a request for comment.The lawsuit was announced at a news conference with Ms. Mitchell’s lawyer, Gloria Allred.It claims assault, intentional infliction of emotional distress, and deliberate infliction of harm, and requested unspecified damages. It said Ms. Mitchell, who was standing less than four feet from Mr. Baldwin when the revolver discharged, “sustained serious physical trauma and shock and injury to her nervous system and person” and “will in the future be prevented from attending to her usual occupation as a script supervisor.”The shooting took place Oct. 21 on the set of the film on Bonanza Creek Ranch in Santa Fe County, N.M., as Mr. Baldwin prepared to film a close-up of him drawing a .45 revolver from a shoulder holster. According to Ms. Mitchell’s lawsuit, Mr. Baldwin failed to check the gun himself to see if it was loaded before handling it.They were preparing for three tight camera shots, according to the lawsuit: one of Mr. Baldwin’s eyes, one of a blood stain on his shoulder, and one of his “torso as he reached his hand down to his holster and removed the gun.”According to court papers filed by the Santa Fe County Sheriff’s Department, the movie’s first assistant director, Dave Halls, had called out “cold gun” before handing the revolver to Mr. Baldwin, using a term indicating that the gun did not contain live ammunition. A lawyer for the movie’s armorer, Hannah Gutierrez-Reed, said that Ms. Gutierrez-Reed had loaded the revolver with what she believed to have been dummy rounds, which do not contain gunpowder and cannot be fired.The lawsuit charges that Mr. Baldwin knew that it was typical protocol for an armorer or prop master to hand a gun to the actor after demonstrating that it is empty — not for the first assistant director to do so — and that Mr. Baldwin failed to follow those rules. It also charges that Ms. Gutierrez-Reed allowed guns and ammunition to be left unattended on the set that day. The lawsuit accuses the production of hiring Ms. Gutierrez-Reed, 24, who had just started out her career as a lead armorer in the film industry, as part of a series of “cost-cutting measures.”Ms. Gutierrez-Reed’s lawyer, Jason Bowles, has said that his client noticed that day the gun was left unattended for several minutes after she had asked other crew members to watch the firearms and ammunition. Mr. Bowles has defended Ms. Gutierrez’s qualifications for the job, saying that she was dedicated to ensuring safety on set. Previously lawyers for Ms. Gutierrez-Reed said that she had been hired to two positions on the film, “which made it extremely difficult to focus on her job as an armorer.”Mr. Halls, Ms. Gutierrez-Reed and Sarah Zachry, the movie’s prop master, are all named as defendants in Ms. Mitchell’s lawsuit. Ms. Zachry and a lawyer for Mr. Halls did not immediately respond to requests for comment. Mr. Bowles said he had not yet reviewed the lawsuit.Last week, Serge Svetnoy, the film’s gaffer, or chief lighting technician, filed a lawsuit accusing the movie’s producers, Mr. Baldwin and several other crew members of failing to follow appropriate firearm safety protocols that would have prevented the fatal shooting. Mr. Svetnoy said he was standing just six or seven feet away from Mr. Baldwin and said that he was injured by discharge materials from the gun and traumatized by seeing his friend die, trauma that had left him unable to work. More