Justice for Edward elric

Discussion in 'General Discussion' started by wesleyv1, Feb 10, 2019.

  1. Captain Picard

    Captain Picard Non mihi, non tibi, sed nobis.
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    Seems like Vic has a gofundme page set up (or more accurately, someone set one up on his behalf) in order to take certain people to court. If you google it, you can find it. They've raised over 100k to cover the hefty legal fees it'll likely require to get to the bottom of these "allegations".
     
  2. Kuze

    Kuze 『Ole Ole Ole』
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    Source: ANN
     
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  3. Captain Picard

    Captain Picard Non mihi, non tibi, sed nobis.
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    Sounds reasonable to me. And I honestly hope he is successful. If I'm correct, all the "inappropriate fan stuff" has been debunked (as in the cited / suggested incidents / pictures have been demonstrated to be misconstrued or altered".

    The allegation that concerns me is regarding an incident supposed to have been between Vic and Monica Rial. If it turns out true then let an appropriate criminal trial take place and ascertain guilt / innocence.

    What has really left a bad taste in my mouth has been the summary actions by Funimation, other employers, colleagues of Vic, etc...

    I hope Vic gets every ounce of justice and penny he deserves (going both ways).

    Edit:

    - The petition made:

    https://drive.google.com/file/d/19KGfDswsDrvaNJO2D25ZI3PWCgsWYbXP/view

    Look at the exhibits at the end, interesting.

    *Vic ate a jelly bean with Monica Rial's name on it... interesting to say the least.

    ---

    I'm reminded of this scene from Star Trek: TNG... it's always good to try and lot let yourself fall prey to "villains who cloth themselves in good deeds".

     
    #23 Captain Picard, Apr 22, 2019
    Last edited: Apr 24, 2019
  4. Captain Picard

    Captain Picard Non mihi, non tibi, sed nobis.
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    Seems like that among the defendants listed (Funimation, Monical Rial, Ronald Toye, and Jamie Marchi)... that Monica and Rial have hired a lawyer who is communicating with Vic's lawyer.

    On the other hand, it appears that Jamie Marchi has been repeatedly avoiding being served her notices. (lol)
     
    #24 Captain Picard, May 15, 2019
    Last edited: May 15, 2019
  5. Captain Picard

    Captain Picard Non mihi, non tibi, sed nobis.
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  6. ThisGuy

    ThisGuy Kin of the Cosmos
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    Kickvic finna 'boutta get dabbed on
     
  7. Captain Picard

    Captain Picard Non mihi, non tibi, sed nobis.
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    https://drive.google.com/file/d/1gP6zcXO4DagFzbnuULo1LLqWbQKH-QcD/view

    Read Vic's deposition... spent about 2.5 hours reading through the transcripts and then listened to all 5-6 hours of it on youtube.

    Some interesting "facts" / revelations.

    - He claims that he has had some consensual encounters with adults while attending conventions (implied to be sexual in nature).
    - He admitted to have hired prostitutes/escorts a single time in the past.
    - He admitted to asking two women (twins who cosplay and he had seen at conventions a couple of times) to come to his room. He stated that, while inside of his room, when he communicated his sexual intent, that the twins left.
    - Learned that his ex-wife made a statement (and Vic admitted to "making mistakes and regretting it) suggesting that Vic basically cheated on her multiple times.
    - Vic made an allegation (based off of a rumor from his connections with con-organizers) that FUNimation pressured at least one convention to retract an invitation / cancel an appearance contract with Vic. No factual evidence provided yet.
    - Vic alluded that other convention organizers mentioned that there were other voice actors (implied by Vic to have been Monica or Ron) who communicated with the organizers to get Vic's attendance rescinded. No factual evidence provided yet.
    - Vic stated that he may possibly sue some other people / magazines for in the future.
    - Probably 1/4 of his deposition was in regards to the GoFundMe set up by Nick Rekieta.
    - Apparently, there was a small sect of Vic's fanbase that refer to him as "The Fuhrer"... which along with Vic once describing a ruckus in another room as a "holocaust" is the source for claims of antisemitism levied against him.

    ---

    Some updates to the nature of the alleged inappropriate conduct / sexual harassment / sexual assault:

    1. Sony / Funimation: Sony-Funimation was made aware of the #kickVic stuff and learned of (3) incidents involving Vic Mignogna with 2 other VAs / (1) set of cosplayers (twins). Sony-Funimation conducted an investigation whereby they interviewed Monica Rial, Jamie Marchi, and the twin cosplayers. Sony-Funimation interviewed Vic Mignogna about these. These incidents appear to be as follows (based off of the testimony of Monica Rial, Jamie Marchi, Vic Mignogna, and the transcript of the twin cosplayer's statements.

    A. Jamie Marchi: Stated that Vic Mignogna, when they met inside of Funimation's studio, "pulled her hair, pulled her close to him, and wispered something sexual to her".

    B. Monica Rial:

    - Stated that sometime in 2007, Vic Mignogna invited her to his room (to show her the Full Metal Fan movie he had produced). She stated that inside of his room, he grabbed her and forcibly kissed her... eventually pushing her onto his bed and continued kissing her. During deposition, she verbally testified that she "went along with it" however, in written statement she stated that she had "tried to resist". She stated that a third party knocked on the door (which broke up the incident)... and that she later returned to Vic's room after dinner to engage in other normal activities. [This incident WAS NOT included in the Sony-Funimation investigation's affidavit].

    - Stated that sometime relatively recently (5-7 years) she and Vic were on a panel and a fan gave Vic some jelly beans. She stated that she took one, made a funny comment, and then wrote her name on it. She stated that Vic got a hold of of the jelly bean and ate it, proclaiming something to the effect of "I ate Monica".

    C. Sony-Funimation: Included the Jamie Marchi and Monica Rial (jelly bean incident) as well as the twin cosplayer - incident in their investigation which ultimately led to Vic's termination. While not listed in the investigation, Monica stated that she told the investigator about the alleged sexual assault encounter with Vic. It is heavily implied that this was the actual story which tipped the scale in Vic's firing... but Funimation makes no mention of it in the investigation.

    ---

    Vic's Side of the Stories:

    1. Jamie Marchi: When he saw her, she asked him "how are you doing honey" and he responded with a similar funny-friendly greeting "what's up girl? Did you do something with your hair? etc". He stated that he went up to her and manipulated her hair in an effort to convey interest in her having changed it and intending to communicate that it looked good (in a non-sexual way).

    2. Monica Rial:

    - Vic stated he did not recall having ever forcibly kissing Monica in the way she alleged in 2007.

    - Vic stated his eating of the jelly bean (with Monica on it) was a split-second attempt at humor directly in response to her action/remarks prior and had no sexual connotation.

    3. Twin Cosplayer Incident: Vic stated that after having encountered these cosplayers at multiple previous conventions, and believing their to be a mutual romantic attraction, he invited them up to his hotel room. He stated that after he communicated to them of his belief in a sexual interest, that they declined, whereby they promptly left his room without incident.

    Seems that FUNimation made a request for a motion to dismiss (due to their claim that Vic has not satisfied the prima facie evidence requirement - by preponderance of the evidence - that FUNimation defamed Vic or interfered with his contracts / livelihood).

    Edits: 7/18/2019.
     
    #27 Captain Picard, Jul 11, 2019
    Last edited: Jul 18, 2019
  8. Captain Picard

    Captain Picard Non mihi, non tibi, sed nobis.
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    The depositions of Vic, Ron, and Monica are available for viewing. It's very interesting. I was only able to find them on the "Rekieta Law" channel of youtube. Warning: Nick Rekieta can be crass... you will have listen to the occasional comment from him.

    Edit: Ron Toye stated that he didn't remember making hundreds of tweets concerning Vic... Vic's lawyer had him go through each, tweet by tweet, and Ron said he didn't remember posting a single tweet.
     
    #28 Captain Picard, Jul 13, 2019
    Last edited: Jul 13, 2019
  9. Shannon Apple

    Shannon Apple Sour Apple
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    Yeah, reading up on it, I've come to the conclusion that he is a bit of a predator. There is no way, absolutely NO WAY, a man in his position should be having any sort of "sexual encounters" with adults, consentual or otherwise at his conventions. It's not against the law, but it certainly goes against common decency and general etiquette in relation to his fans. The fact that he invited those twins to his hotel room makes my skin crawl. The position he has as a celebrity gives him a sort of power over his fans. Some people tend to act really stupid and star struck around their heroes and it doesn't give him the right to use that. He wouldn't be the only person that does this though, unfortunately.

    The other voice actors in this case sound like a bunch of assholes though.
     
  10. Captain Picard

    Captain Picard Non mihi, non tibi, sed nobis.
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    (Disclaimer: I'm not defending some of Vic's questionable acts / mistakes, but here is my take. I just finished updating my above-post as I just finished watching Vic's, Monica's, and Ron's depositions).

    The twin cosplayers were allegedly to have interacted with Vic at multiple previous conventions, and he believed there to have been a mutual romantic interest. It appears that nothing happened after they agreed to go up to his room... they left.

    Honestly, the girls were (are) adults. There did not appear to have been any crimes committed in this incident. There isn't a legally-binding prohibition of pursuing romantic interactions with people who are fans of or otherwise approved of your status as a professional. The implication was that they had actively flirted with him multiple times (at previous conventions) so he believed there to have been a romantic interest.

    The Jamie Marchi incident and Monica jelly bean incidents appear to have been blown extremely out of proportion, with no sexual implications.

    The alleged encounter between Vic and Monica (in Vic's hotel room) is likely dubious due to Monica's inconsistent account of what happened (between her written statement and verbal testimony). She even stated she "went along with it" without trying to communicate to Vic to "stop" or that the advance was "unwanted". Vic outright denies ever having tried to kiss Monica. There isn't any evidence or third party witnesses to corroborate the allegation. The other person who is alleged to have come to the door and knocked (interrupting the incident) stated that he did not recall anything unusual. Even beyond that, if the incident did occur, her testimony seems to indicate that it would've been considered a consensual encounter (by a court of law) or reasonably interpreted as consensual by Vic.
     
    #30 Captain Picard, Jul 18, 2019
    Last edited: Jul 18, 2019
  11. ThisGuy

    ThisGuy Kin of the Cosmos
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    Watching this unfold I now understand why people literally killed each other over defamatory remarks before we had any laws about it. Also I now see that the value of a good lawyer exceeds any amount of money spent.
     
  12. Captain Picard

    Captain Picard Non mihi, non tibi, sed nobis.
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    Yeah... Vic's fans have raised $225,000 + (close to a quarter million dollars) for his legal fees. It's unreal.
     
  13. Shannon Apple

    Shannon Apple Sour Apple
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    I did say in my post above that it's not against the law. However, it is highly unprofessional of him. And it does kinda come against your reputation if you behave a certain way. Pretty sure that propositioning your fans like that goes against some code of conduct laid out in their contracts. It must, otherwise he wouldn't have gotten fired.

    There's a difference between romantic interactions like asking someone out, and predatory ones like asking someone to come upstairs to your room while not even sure if they have any romantic interest in you. If someone did that to you at work, there would be reprecussions, like... getting fired.

    I'm still on the fence about him. One can most definitely have a reputation as a creeper without doing anything to break laws. Heck, I even know some people like that. lol.
     
  14. Grungie

    Grungie Established Member
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    The situation looks like you have someone who has a reputation of not really keeping his hands to himself, and you have vindictive co-workers who are taking advantages of it and trying to drag the other through the mud.

    I mentioned in my first post over how he's had a reputation for at least 10 years about how he's gotten a little too physical with fans at cons and stuff, so out of all the VA's from Funimation to have sexual assault allegations, it didn't surprise me in the slightest it was him.

    This is why I feel you need to do your best to try and keep your nose clean. Even if you were completely innocent, you shouldn't be engaging in situations that can lead you into hot water, or in this case, have someone who can use it to spin it into a situation to get you in trouble. It's similar to the ProJared situation about him sharing and receiving nudes from fans. This led to allegations that some fans were underaged. Even if he did do his diligence and try to make sure people were 18+, he still put himself in a situation where people can have a grounds to accuse him of soliciting nudes from underaged fans.

    In Jared's case, if he didn't ask fans for nudes, they wouldn't be able to accuse him of getting underaged nudes, and in Vic's case, if he wasn't handsy with people, they couldn't accuse him of sexual assault.
     
  15. Captain Picard

    Captain Picard Non mihi, non tibi, sed nobis.
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    Seems like the convention organizer (alleged to have been a witness to Monica's distress) during the incident in 2007, where Monica stated that Vic forcibly kissed her, does not recall any of the events in Monica's statement. He even states further that he would've noticed it, had Monica been in a state of distress...

    Further down the rabbit hole we go.



    Vic's lawyer talking with Nick Rekieta.
     
    #35 Captain Picard, Jul 19, 2019
    Last edited: Jul 19, 2019
  16. Captain Picard

    Captain Picard Non mihi, non tibi, sed nobis.
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    https://www.reddit.com/user/SoundOf...bzmjf2/vic_mignogna_lawsuit_the_story_so_far/

    See the most recent updates. The three defendants (Rial + Toye, Marchi, and Funimation) have filed their TCPAs (attempts at pretrial dismissal - when the defendants provide sufficient evidence of affirmative defenses and the plaintiff doesn't establish a prima facie case). The TCPA motion is designed to keep big entities from intimidating private citizens with huge court cases (costing $$$) when the private citizens have affirmative defenses that they can't afford to bring up in court.

    Mignogna has filed motions to quash and omit many parts of the "evidence" presented by the defendants due to parts of it being hearsay, legal conclusions (that people are making in their affidavits when they aren't qualified to make), and people making sworn statements regarding information that they are not legally capable of making. Mignogna doesn't want this evidence to have a bearing during the TCPA analysis by the judge.

    In response to Mignogna's critical analysis (motions to strike evidence) and his presentation of his prima facie case of defamation / tortuous interference, Funimation and Rial/Toye keep submitting supplemental affidavits (even though their submission deadline has long since come and gone). They're doing this in an attempt to preserve their "evidence" as they go into the TCPA analysis / hearing in the future.

    Mignogna and Funimation + Rial/Toye attempted to have an attorney to attorney meeting to stop the perpetual introduction of new "evidence" (as they are past that phase in the process - with respect to the TCPA)... however, it appears that Funimation and Rial/Toye's attorney did not want to stop. As a result, Mignogna's attorney filed a motion to the judge to have their supplemental evidence removed... because they are 3-4 weeks past their deadline. Mignogna's attorney stipulates that if the defendants are allowed to keep submitting "supplemental evidence" with no regard to the deadline, then it will be impossible for Mignogna to keep addressing these additional issues... which could (potentially) keep popping up until the day before the TCPA hearing... essentially stating that the TCPA law doesn't allow for the defendant's to keep introducing evidence (once their deadline has come and gone) because it makes it near impossible for the plaintiff to prepare if the "target keeps moving".

    Very interesting. We've had the Funimation Operations Director, Public Communications Director, Investigator, and Sony Investigator provide affidavits... stating that a company investigation was conducted and that Vic was fired... with only the Sony Investigator stating that "the jelly bean, hair touch, and twin cosplayer issues" were credible... without providing anything else to suggest "which allegation(s)" or "why" the allegations were considered credible or otherwise substantiated.

    If the case isn't dismissed at the TCPA stage (and goes to trial), Vic's attorney has stated that he plans to depose pretty much everyone from Funimation and Sony who was involved in the Vic investigation... and get a hold of Sony/Funimation's investigation for inspection. He also is planning to depose (or obtain affidavits) from many of the Convention Organizers (specifically the ones that canceled Vic's appearances) as to why they canceled.

    After having followed this since late January... I must say this has been one helluva ride.

    ---

    This is my opinion from what I've witnesses so far. I probably have somewhere between 80-100 hours (over the past 6 months) reading all the court documents, watching the depositions, and watching third party lawyers analysis what's been happening.

    1. Rial, Toye, and Marchi probably defamed Vic on social media. Toye and Marchi have many indefensible tweets calling Vic a pedo, sexual predator, and making malicious statements while claiming to have had "insider knowledge" of what happened. During depositions Toye feigned ignorance of 300-400 tweets he made concerning the allegations about Vic... tweets which stated he "knew behind the scenes info" and claimed Vic was a pedo, predator, etc. Rial alleged two instances of inappropriate behavior with Vic. The infamous jelly bean incident, which appears to be innocuous now, and an incident when Vic forced himself on her, kissing her. She stated that a third party would attest to her being in distress. Vic's lawyer got the third party to submit an affidavit debunking her assertion... so this incident appears questionable. It appears (not yet proven) that all three were contacting other animation studios (Rooster Teeth) and convention staff and telling them what Funimation did / the results of the investigation.

    2. Funimation has some issues to overcome. Specifically, it appears (not yet proved though) someone from Funimation - or acting on behalf of Funimation, was going around and talking to Conventions threatening to pull their support if they invited Vic. It appears Funimation didn't follow the contract to terminate Vic, in writing... they did so over the phone... after an investigation which likely ended in a "he said, she said" conclusion. Immediate to the TCPA, Funimation has to address the fact that they made a tweet about Vic's firing, after informing him (via phone) that they would not make a public statement. In the public tweet when they mentioned Vic not being contracted for future work, they mentioned that "They don't condone any type of assault, harassment, etc"... which is being inferred that Vic had been engaging in harassing or predatory behavior. They are trying to clear it up by saying that they meant that they don't want fans being bad to one another.

    3. Vic has admitted to having sex outside of his engagement / marriage, specifically with adults at anime conventions. He did not stipulate how much, but that it was relatively uncommon. He admitted to hiring an escort one time prior in his past. He admitted to asking a set of adult twin cosplayers (who he interacted with multiple times at past conventions) to engage in sexual activity in his hotel room. He stated when they declined, he dropped it there. He has admitted to hugging and kissing fans (both adult and minors) in an innocuous manner, with no sexual implications; there has been no evidence to suggest he ever committed sexual assault / battery / assault. Vic appears to have never been banned or black-listed from any Anime, Star Trek, etc convention... much to the contrary of that which was asserted by the defendants.

    4. Vic's conduct in the deposition was borderline excellent. His deposition lasted 6-7 hours, 2-3 times longer than anyone else's. Monica's deposition was good; however, her verbal testimony conflicted with some of her written testimony (regarding her allegation of Vic forcibly kissing her in his hotel room). Toye's deposition was a smoldering mess (he's not an actor and didn't present very well). He spent 30+ minutes saying "I don't recall" and "I don't remember" when asked to authenticate 300+ defamatory tweets he made about Vic / the investigation... he straight up lied via feigning ignorance. He basically stated that he didn't mind in engaging in defamatory behavior (although not specifically regarding Vic's case).

    5. Rial-Toye's attorney (and Funimation's to a smaller degree) have been sloppy. They failed to provide a lot of evidence during the "discovery period" (not providing documents, messages/communications, tweets, etc) whereby Vic's attorneys were forced come up with it themselves and attempt to authenticate them during deposition (notably Toye feigning ignorance of his own tweets). They both are also missing deadlines, requesting extensions (with Vic's attorneys agreeing to their extensions), and opposing Vic's attorney's extension requests.

    The TCPA hearing is likely to occur in late August / early September... we'll see what happens. As it seems now, Funimation has the best chance of walking away from this suite at the TCPA stage as they can potentially articulate their public statement as not meaning to be interpreted (by a reasonable person) to refer to Vic.

    Edit: Vic's gofunde me is up to more than $237,000 USD and keeps growing everyday. During Vic's deposition, when asked by opposing counsel, he stated that he hasn't paid a single penny since hiring his current attorneys / attorney firm.
     
    #36 Captain Picard, Aug 8, 2019
    Last edited: Aug 8, 2019
  17. Oh Snape

    Oh Snape House Bantsratheon
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    He can just use that money to set up his own anime company and hire himself to va.

    #studiogropey
     
    #37 Oh Snape, Aug 8, 2019
    Last edited: Aug 8, 2019
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