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Porn star Brooke Ashley Feb. 11, 1999, a sexual battery and negligence complaint in the Van Nuys branch of Los Angeles Superior Court. The case title is - Ashley vs. Hardcore Television et al, LC047878. Brooke accuses porn star Marc Wallice (Goldberg) of altering medical test results to show that he was not infected with the virus, when, according to the complaint, Goldberg knew he was infected. "She obviously feels incredibly betrayed by the industry, the production company and in particular, him, for basically intentionally infecting her," Ashley's Brentwood attorney Stephen D. Howard told the Los Angeles Daily Journal. In the 36 page complaint, Ashley also names Midnight/Erotic Angel (Kevin Beech's company), Gourmet Video (at whose studio the The World's Biggest Anal Gangbang took place in late January, which probably gave Ashley the HIV virus), and people identified as producers, employers, agents, partners, and independent contractors involved in the filming. The suit names Dan Beck and Robert DuPree of HCTV, Kevin Beech, Gourmet Video, Joe Spallone and director Cash Markman. Legal observers say the case is likely to be thrown out of court, as Ashley knew she was engaging in high-risk behavior. Luke spoke to Kevin Beech, owner of Midnight/Erotic Angel, Tuesday 2/23 at 10 AM. Luke: "Are you losing any sleep over this?" Beech: "f--- Bro. I got a thing from a lawyer wanting my workman's compensation number. I called up laughing. 'I don't give my workman's comp number to any law firm. Who the f--- are you?' He said, 'we could play hardball and get it anyways.' "The girl was cool. She said that if it goes to Workman's comp, they're going to call us and we'll say, 'she [Brooke Ashley] doesn't work for us.' Then they'll [workman's comp] will fight that law firm... We bought that movie [World's Biggest Anal Gangbang] from that HCTV company [Dan Beck and Robert DuPree]. I wish that I didn't buy that f---ing movie. "She [Ashley] ain't going to get nothing out of me. She's swimming up a stream. Workman's Comp is going to turn her down. They're going to go after HCTV but I don't think it is still around. She'll have to go after them [Beck and DuPree] personally. "Dan Beck said Elegant Angel wanted to buy that movie [Gangbang]. He's a f---ing asshole. I'd love to get my hands on that guy. He ended up getting us for a few thousand. Some of the movies he shot for us, he sold the internet [rights], which he had no right to." Ashley's lawyers Stephen Howard, who specializes in personal injury - medical malpractice cases, is not happy that the trial is held in Van Nuys (the approximate location of the shoot that probably gave Ashley HIV). "Van Nuys jurors are white,
blue-collar people who are not capable of writing big checks," Howard
said 2/25. "Downtown you sometimes get lucky and get a better crowd of
people. Minority jurors are the best. They write checks. They sympathize
with the underdog. What evidence does Howard have about Wallice knowing he was HIV positive? Howard: "Why would he need to bring forged documents in?" "This case will require a tremendous amount of discovery [of evidence] and we're going to dedicate a tremendous amount of manpower to it. "Porn has never been something that I've gotten all that excited about it. Obviously it is incredibly popular and a multi-billion dollar industry, but I don't watch the stuff. I've seen it. I lived in a fraternity house. But I am a participant rather than a viewer." Luke: "Have you dated any porn chicks? Stephen: "No. The only ones I know are HIV positive." Free Speech Coalition Insurance Coordinator Greg Zeboray writes: "The Brooke Ashley suit is going to be very interesting, and I believe will shake this industry's way of doing things. Will it succeed? I don't know, but I do know an attorney familiar with hers, and he believes she has good counsel. "I've been reminding all the producers / manufactures that, according to my interpretation of the law, all talent must be paid on W-4 payroll and be covered under workers compensation benefits. As far as I'm concerned, when you tell a person to be at the shoot at a particular time, provide the costumes and make up, and direct them as to what they are to do, they are an employee. When will people get it? Why don't they look at the directors / producers whose financial life is upside down because the state of California has liens against them for not withholding payroll taxes? "While I have not seen her complaint, I am quite confident that had she been covered by work comp, it would be considerably different. Maybe this is a good time for everyone to (directly and personally) contact the state of California EDD and ask for a clarification on employee or contractor status." A source: "Ashley's attorneys are probably going after all the pockets (deep and perhaps not so deep) that they can identify. It would be interesting to see who is liable if an actor/actress gets AIDS from this sort of work. Depending upon who winds up being liable, it would be interesting to see which video makers change their behavior in light of the lawsuit. Will Anabolic style videos become too risky to make? "If this happens again, I suspect that Ashley's attorneys will be out there trying to sign up clients--kind of like ambulence chasing- -certainly just as macabre. "It would also be interesting to know who argues "assumption of the risk" (i.e. that Ashley assumed the risk). It would also be interesting to see what kind of dirt they dig up on Ashley's past. Watching a bunch of lawyers trying to play hardball with this case would truly be a sight to behold. From a distance. From a far distance." Porner Jim Gunn: "I'm glad that I had nothing to do with any of this! This has got to have an effect on the biz, no doubt negative. As far as digging up dirt on her past- they'd need a dump truck to get all the names of all the tricks that this hooker had sex off camera with. Probably half the talent, cameramen, grips, gaffers, caterers, salesmen and company owners in the biz. That's their best defense." From Brooke Ashley's complaint: Defendant Mark Goldberg, a male actor and intended actor and participant in the sexually explicit motion picture [World's Biggest Anal Gangbang]...was exposed, contaminated and infected with highly contagious and life threatening AIDS virus. Defendant Mark Goldberg, knew that he contracted the AIDS Virus and was fully aware of the fact that any sexually explicit contact with plaintiff [Brooke Ashley]... At all relevant times, defendants...allowed Mark Goldberg to participate with forged or doctored tests... By reason of the wrongful and malicious acts of defendants [Goldberg, Beech, etc] and of the fright, apprehension, consternation and trepidation caused to plaintiff thereby, plaintiff has suffered extreme and severe mental anguish and physical pain and has been injured in her mind and body by being sexually assaulted and battered by the defendants... 11/3/99 Luke received this letter in the mail from "Working Male Grip (They'll know who I am)": Well Luke, You've got it all wrong about Brooke Ashley and "The Shoot" at Star World across from the railroad tracks with their cheap wood address sign. There were tons of guys there. Heavies like Brian Sherwood, others from Pretty Girl International and Hott's... The parking was intense. Everytime someone was through, there was a massive stampeding in and out of cars. Everyone was verified very well by some little curly haired over 40 hanger on [Randy]. He took his job very seriously. For everyone but Ron Jeremy that is. Some of the studs would've gone down on Ron if he'd asked, they were so busy on him. Ron Jeremy was never checked. He showed up about two o'clock like someone just woke him up and wearing Birkenstocks and a stained blue stretched out T-shirt and old sweats. Plopped himself down on the couch and tried to guess (like everyone else) who the blonde pornslut (who kept showing her nipples through her bra looking top) was naming as having AIDS [Tricia Devereaux]. She said it began with an "L" and played like a bitch about the secret meetings for insiders and who it was. Brooke Ashley was busy running to the mirror in the dressing room for her hair and make-up and a seat. She sat down so much to have herself pampered, her butt couldn't be hurting that much. She did spend a lot of time getting off the staged bar and grabbing her head and dissing the studs. She didn't want them around or plugging her butt and actually said so. "Then why are we here?" asked one Mexican hombre named Sammy sitting in the back of the set in the dark with Ray Bans. It was then I realized that no one, I mean I even asked, no one, had seen Brooke Ashley's clinic report. Can she prove her AIDS infection wasn't from earlier on? No one saw the fluffers either, now that I think about it. Everyone on that set who had any kind of contact is in dager if you ask me. Some of the non-pros were literally lifting her for a wheelbarrow, and the bar stage wasn't that sturdy and kept shaking, and her arms were stretched out for support and the floor was hard and a long ways down. Everyone seemed more interested in the fluffers anyways. They were friendlier and more accomodating for the whole shoot. Her arms were hurting more than her butt and when she could get a smoke in, she would keep swinging her shoulders like she had just worked out. Part of the problem was that there was no order to it. Some producer type from NY [Dan Beck] kept running around saying he was going to make a gay porno as dozens were standing around jacking off for some wood. They just had to stup up ASAP and get paid after popping. The NY loudmouth cut the checks and complained about the "black buck" who demanded cash and more money for the anal. This black guy told everyone he was a dancer, and didn't need to do this. They questioned his check (from Culver City where most of the tests came from) and his white woman chauffeur/manager jumped in and gave everyone a ration of s---. They provided some snacks, mystery meats sandwiches covered in tasty garlic olive oil, and were pretty good about treating people in the green room. They even had a cool buffed out black security guard who was probably the most intelligent person there. Everytime someone had to get paid he'd walk off because no one wanted anyone to know their real names for the check and if they put up a fight, they could get the NY loudmouth to get them more money. The NY loudmouth kept wanting his security back with him. There were some fraternity guys hiding in the corner watching the fluffers do some guys real close to them on the bar. The fluffers were having trouble and Jamie Lee complained because the bar set they were on wasn't safe. The frat boys really weren't visible because of how the set was built. The others were standing around trying to get wood or with the tall fluffer. They really had no interest in Brooke Ashley, check or no check. The NY Loudmouth [Dan Beck] kept telling the cameramen to get the line of strokers because he could turn it into a gay film. Not very inspirational for a hardon. The blonde porn slut and others were outside smoking weed when Cash was around. Didn't see a whole lot of him until then. For the most part he just kind of laid there on the bed while some jerkoffs were manuring there hand held 8MM video cameras. He was the only clued in one about what was going on. Real quite and kept shaking his head. I think I saw him get grey hairs while laying there. The short loudmouthed NY [Dan Beck] kept wanting to squeeze all the ladies breasts. "May I" as Jamie Lee and a tall blonde (who looked like Helen Hunt) kept walking by after having their fluff filmed. Didn't see Bunny or others there, but there were guys leaving on a regular basis simply because they had other places to go. So more had to step out when someone had to leave because of the parking. It just didn't seem worth it so more and more left. The set was only cleared when Ronnie stepped up to bat. The big black security guard made sure of that, politely I might add, as everyone knew it was getting out of hand. By that time no one was around except for the short NY loudmouth showing off Starworld to some financiering guys [Mafia?] wearing sweaters on a 80 degree plus day. Same short s--- [Randy] checking out the AIDS tests had to make a run to K Mart for 8MM videotapby then. One of the camera men had broken the fake bar by that time and fell five feet on his hip and was limping around for the rest of the night. The camera man seemed impressed with his very own Hotwheels collection. They tried to get something going on the next day and it was less crowded. Cash and the camera men were around. And XXX and her hippie shadow [YYY] showed up for some shoot that was going on for TV on 2/14. The NY Loudmouth was busy trying to get into that bag of bone's pants (maybe they were going to do it doggie style), rolling around on the same bed Cash was parked on. She had just moved some drugs out of Europe or Africa or something. Cash just laid there, baseball hat, dark glasses, Speildberg beard, you know the whole Hollywood thing. Truth is, Cash made himself out ot be a hero on your site, or dman near, and he's pretty much a wimp. Almost to point of ass kissing. He backs down or off real quick and doesn't have a whole lot to say to anyone. Gives a good stroke though, no one's unhappy with him, just not a real go getter. Without all the males of the herd around, the next day's shoot went clean and complete and the girls were there for the work and the NY Loudmouth kept out of the way. When I saw the TV broadcast, they were there again, giving Brooke the Wheelbarrow and Candy Hill showed up with some other girl adn then they did some Frat Rat with XXX on a Johnny Carson style set. Saw Cash's name on the credits. NO ONE WAS WEARING PROTECTION, EVEN THOUGH SOME OF THE CHICKS CLAIMED TO BE CONDOM ONLY. THEY REALLY GOT A HARD TIME FOR EVEN MENTIONING IT. End of the show if you know what I mean. Male porn performer Tim White writes Luke: "im writing about the post on your site about the brook asley gb. some of the info is very inaccurate. first off some people did wear condoms, I WAS ONE OF THEM. secondly i know for a fact tony tedeschi was there cuz i had a big beef with him and that was where we settled it. the point of that statement is that tony is a condom only guy and so there are at least 2 people who wore condoms. secondly it wasnt a big jack off fest like that guy is tryin to portray. "none of us (pros) were particularly proud to be there (no one likes a gb) but money was money and dan beck was paying pretty good. it was right after ces in vegas so although i shot alot in vegas i gambled all my dough away. all dan wanted was 1 min bj with bunny bleu, 1min vag, and 1min anal, with brooke. he didnt even need a cumshot, and he paid VERY good for 3 mins. i was in and out i got in when i wanted, there was no other guy crowding at all, it was 1 at a time on the set, no one was clamouring to get in it was very assembely line like. plus he promised (and deliverd) another scene that week on his live satalite sex show. as for dan he is a loudmouth. thats true, but he is fair, pays ok, and all his checks cleared. also he never lied to me or asked for more than he was willing to pay for and i worked for him 3 or 4 times. "next, cash markman was the director and he WAS paying attention while i was there. at least he doesnt fall asleep in front of the monitor during every single shoot ive ever been on for him, like some other unnamed director (you guys know who he is) and how much of that s--- can a man be expected to watch hour after hour? i dont remember what else was wrong about that post i saw but, thats just some of it. so your source was a little off. i dont think people should make comments about things (especially the no condom thing) when they are full of s---. one more thing, why is he commenting on a shoot that happent almost 2 years ago?....and i did see both brooke, and buuny tests!" Evan Wright writes for the 3/31/00 LA Weekly: “This is what I wore in the video,” she said. She wiggled into the skirt and turned in profile, smoothing it with her hands. “I used to hate my body when I was younger. Producers were always trying to talk me into getting implants.” She pressed her hands to her breasts. “See how nice they are? I’m glad I’m still natural. I like my body now.” She stood, bare-chested, in front of the TV. “I don’t believe in God. But I pray. I pray to goodness. I believe in something good. I’m not going to let this illness stop me. I’m going to dance, I’m going to have my own Web site. And, dude, you know what?” She sounded determined, inspired. “I am going to make porn movies again. f---. I’m all about the word f---.” She let the skirt fall to the carpet and sat naked on the couch. She picked up her bong. “Dude, I’m not saying I’m not scared. I’ve got HIV. How can I ever be a normal 25-year-old girl again?”
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