GirlsDoPorn e359 Phalan Nicole Klein aka Jane Doe 15 GirlsDoPorn episode 359 Phalan Nicole Klein Date of Birth: October 21st, 1997 Past Address 2194 S High St Rm 207-S, Denver, CO 80210 Current Address Rompeolas, San Clemente, CA 92673 GDP shooting February 28, 2016 ---- JANE DOE NO. 15 54. In February 2016, Defendants posted an advertisement on Craigslist.com in the gigs/modeling section for the Denver area, seeking young women for adult modeling. The advertisement included a link to www.beginmodeling.com, which is a website the features modeling pictures, not pornography. 55. That same month, JANE DOE NO. 15, having reviewed the www.beginmodeling.com website, responded to the advertisement thinking it was for modeling. 56. On February 19,2016, JANE DOE NO. 15 received an email from "Jonathan N" from jobs@beginmodeling.com and on behalf of Defendants. The email said This is a legitimate adult gig for an established Southern California company. You will make $4000 CASH for your first shoot which is paid up front, consistent work is also available, we offer solo toy scenes for $1000. You can do BOTH scenes in one trip for $5000. None of your personal information will be given out in the video or afterwards , no names etc are used in the video. [Formatting and sics in original.] 57. A few days later, JANE DOE NO. 15 spoke to "Jonathan" on the telephone. During the conversation, Jonathan increased the previous offer by telling JANE DOE NO. 15 she would be paid $5,000 for the adult film by itself, which would involve five sexual positions, which would each take five to seven minutes to film. JANE DOE NO. 15 asked Jonathan several times during the phone call whether the video would be posted on the Internet and he assured her each time that it would not. Instead, Jonathan told her the video would be distributed on DVD in Australia and United Kingdom and would never be released or be seen in the United States. Jonathan also told JANE DOE NO. 15 that he would provide references with whom she could speak to answer any of her questions. 58. On February 24,2016 at7:23pm, JANE DOE NO. 15 received an email from "Jonathan N jobs@beginmodeling.com" on behalf of Defendants that stated: This is Kaitlin, she is 19. She is from Scottsdale, AZ artd has done 2 shoots with us. We pretty much paid for her breast job and she is recovering. She also worked with the same talent that you will work with Here is her cell: (480) *'t.*-**'ß*, [Formatting and sics in original.] The email had photographs of defendant WRIGHT attached. 59. An hour or so after this email, on February 24,2016, JANE DOE NO. 15 received a text message from (480) *¡r'*-'l.**¡r', which is the same phone number Jonathan provided for WRIGHT. The following text exchange occurred between JANE DOE NO. 15 and V/RIGHT (Defendants' paid agent): Hey [Jane Doe No. 15] my name is Kailyn- Jonathon gave me your contact info! lm sure you're nervous or maybe even sketched out a little bit but you seriously have nothing to worry about! It's completely legit, once you land (if you're flying in from out of town that is*) you will be picked up in a nice car and taken to t2 W where you are shooting your scene and all that OH AND they pay you in cash up front! Okay so I am a very easily sketched out person when it comes to stuff like this I was very Nervous but once I got there I felt like a complete idiot because I realized I had nothing to worry about haha - lowkey was a little embanassed haha (emojis omitted) The model is super hot which is nice (emojis omitted) and the photographer is super cool It's you, the model, and the photographer in the room and no one else so it's not uncomfortable or anything which is chill Girl if you have any questions please **DO NOT**hesitate to text me or call or FaceTime or whatever!!!! (emojis omitted) JANE DOE NO. 15: Hey thank you for being so nice! That's exactly where I am at! These aren't distributed in America right? V/RIGHT: No prob! And no they aren't! JANE DOE NO. 15: Is there anyway they can get back to the US? I just have this shaky thing with this guy I like love and I can't have anyone find out WRIGHT: No no no you're totally fine! That's what I was worried about but there is absolutely no way anyone will find out JANE DOE NO. 15: Where are the videos going exactly? Like DVDs I think he said in Australia UK, but like DVDs or.. ? WRIGHT: Yeah so it goes out to wealthier countries; yea DVDs and stuff like that but nothing online! [All sics in original.] True and correct copies of these messages are attached hereto as Exhibit B. 60. A few days later, JANE DOE NO. 15 video conferenced with "Jonathan" via FaceTime, who she has now identified as defendant PRATT. During the conversation, PRATT again reassured her the video would not be posted on the Internet On February 28,2016, JANE DOE NO. 15 flew to San Diego. She arrived around 8:30am. Her return flight was scheduled for 7:41pmthat same day. When she landed, nobody came to pick her up as she had discussed with PRATT the prior day. She called the phone number she had for PRATT several times but he did not answer. Eventually JANE DOE NO. 15 was picked up from the airport by defendant GYI. The two drove around for a few hours while GYI tried to contact PRATT, who was not answering his phone. While driving around, JANE DOE NO. 15 spoke with GYI about the distribution of the video. GYI told her the videos would not be online and even went as far as to mention how he liked the authenticity of making a hard copy version because online pornography seemed so cheap to him. Eventually, around 1:00pm, GYI finally spoke with someone on the phone and the two went to a hotel in San Diego. 62. When she got in the room, it was just GYI and JANE DOE NO. 15. A makeup artist that JANE DOE NO. 15 is informed and believes to be defendant YOUSIF, came into the room and did her makeup. GARCIA eventually came in the room, but immediately went to the bathroom and began vomiting. GARCIA came out of the bathroom and had paperwork with him. GARCIA reiterated that the contract was stating that the video would not be online, would only be on DVD and sent to countries outside of the United States. JANE DOE NO. 15 asked GARCIA if her name would ever be released and he confirmed that it would not. While they were speaking, GYI interjected that the contract was just saying the video would not go on the Internet and would be distributed outside the of the United States. GYI and GARCIA rushed JANE DOE NO. 15 through everything telling her that the shoot would take several hours--{espite the previous representations that it would be 30 minutes of filming. At this time, JANE DOE NO. 15's return flight was only a few hours away. 63. During the shoot, JANE DOE NO. 15 told Defendants she was not comfortable with several sexual acts they asked her to perform. Defendants told her that she had already been paid and that she had to do them. 64. Defendants paid JANE DOE NO. 15 $2,000 less than she was promised before flying to San Diego. After the shoot, she sent PRATT a text message telling him that he owed her more money. PRATT responded by trying to justify the underpayment: "Yeah you're bruised up I can't have that." "Honestly .. My partner and I were not very impressed with the photos. You have bruises over your body and cuts on your wrists and arms." o'Photos is one thing, in person is another. You were paid very well. $3,000 is about 4x more then the regular pay girls get, you were also offered a solo tomorrow for $1,000." A month or two later, Defendants published JANE DOE NO. 15's video on their websites. Links to the video were sent to her friends and family. JANE DOE NO. 15 sent a text message to WRIGHT telling WRIGHT that she had lied to her. WRIGHT never responded. A month or two later, Defendants published JANE DOE NO. 15's video on their websites. Links to the video were sent to her friends and family. JANE DOE NO. 15 sent a text message to WRIGHT telling WRIGHT that she had lied to her. WRIGHT never responded. Jane Doe 15 Jane Doe 15 was 4 on her collegiate cheerleading team (Denver University) As an 18-year old who had just begun college, Jane Doe 15 perused Craigslist ads for jobs 12 and found a modeling ad that took her to beginmodeling.com. (08/20/19 Trial Tr. 188:9- 190:4.) In 13 February of 2016, after applying, she received the stock "established Southern California company" 14 email from Jonathan N. (Ex. 719.1.) Jane Doe 15 did not respond to the email, and two days later 15 Jonathan followed up with three offers - one for a boy-girl shoot, another for a solo, and a third for 16 clothed modeling. (08/21/19 Trial Tr. 16:2-18. Ex. 720.) Jane Doe 15 responded to this second 17 email because of the offer to do clothed modeling for $300. (08/21/19 Trial Tr. 18:19- 20.) After a few back-and-forth emails, Jonathan had a phone call with Jane Doe 15 in which he 19 insisted on shooting a boy-girl adult scene. He stated that he would fly her to San Diego and pay for 20 her hotel to film her having sex; he offered her $5,000 for 30 minutes of sex. He repeatedly stated 21 that the video would end up on DVD in Australia, the UK, and "a few other really remote 22 countries." (08/21/19 Trial Tr. 20:1 -13.) He also underscored how pirating DVDs was illegal, and 23 that he could help take the video down if it went online. (8/26/19 Trial Tr. 181 : 19 -25.) Although 24 she was only interested in doing clothed modeling, Jane Doe 15 figured $5,000 was a lot of money At the time she was worried about putting more financial pressure on her mother, who had three 2 kids in college. (08/21/19 Trial Tr. 21:17-24.) 3 What drew Jane Doe 15 to the offer was Jonathan's representation of distribution. He 4 purported that he had shot "200-plus women," some of whom were "Instagram models and sorority 5 girls," none of whom had "been found out." (Id. 21:1-3; 10-12.) Jane Doe 15 emphasized the 6 point of distribution in email (Ex. 725) and over the phone (08/21/19 Trial Tr. 25 :5 -10). Jane Doe 7 15 was still hesitant about going through with the shoot as she did not want her face and name "out 8 there." (Ex. 725.) However, before her phone call covering details with Jonathan ended, he had 9 already sent her contact information for reference models, her flight information, and her hotel 10 reservation. (08/21/19 Trial Tr. 25: 19 - 24.) By this time, Jane Doe 15 still was not set on filming a 11 pornographic video. (Id. 27:11 -18.) 12 To ease her concerns about safety, Jane Doe 15 texted the reference model Kailyn Wright. 13 Kailyn corroborated Jonathan's representation that the video ended up on DVD to "wealthier 14 countries." (Ex. 745.4) She also purported that nothing would go online. (Ibid.) Jane Doe 15 "really 15 valued her opinion" since these representations came from "another girl who had done it." 16 (08/21/19 Trial Tr. 50:21 -22.) She went on to text Jonathan that Kailyn "smoothed all [her] 17 worries." (Ex. 744.) As she boarded the plane, Jane Doe 15 believed she was to film 30 minutes of 18 sex for DVD in Australia and the UK for $5,000. (08/21/19 Trial Tr. 69:9 - 14.) 19 The cameraman Teddy Gyi picked Jane Doe 15 up from the airport in San Diego. As they 20 drove to the hotel, Jane Doe 15 asked Teddy about distribution. He reaffirmed Jonathan's claim that 21 the adult video would not be on the internet and that it would only go on DVD in Australia. He 22 added that "Internet porn is cheap" and that there was more value in a physical DVD. (Id. 73 :8 - 23 16.) They arrived at the hotel, Riva Yousif walked into the room to do her makeup, and then 24 Jonathan (whom Jane Doe 15 identified as Andre Garcia) entered the room. (Id. 79:4 - 18.) Shortly after walking in, Jonathan shared his marijuana with Jane Doe 15. (Id. 80:15 -22.) 26 Then, while high, Jane Doe 15 was presented with paperwork. Jonathan and Teddy engendered a 27 sense of urgency; Teddy flipped through a contract, telling her "this is what we talked about, this is 28 no internet there ... it's going on DVD in Australia ... no names." (Id. 83:19- 84:10.) Jane Doe 15 tried reading the contract, but she could not understand it. Moreover, she was still high as she 2 reviewed the paperwork, and Teddy rushed her through signing various pages. (Id. 84:11 -85:8. 3 08/26/19 Trial Tr. 180: 13 - 21.) When she returned home, Jane Doe 15 texted Jonathan asking for a 4 copy of the contract, but he ignored her request. (08/21/19 Trial Tr. 105:10-13.) 5 After presenting the contracts, Jonathan counted out $3,000 and paid Jane Doe 15. This 6 amount was $2,000 less than what was promised, but Jane Doe 15 felt she was not in a position to 7 challenge the men in the room. (Id. 85:17 -86:2.) Jonathan disclosed later through text that she was 8 paid less because she was "pale and bruised." (Id. 87:6 -7.) 9 Defendants then presented Jane Doe 15 with a short script to read into the camera. Jonathan 10 claimed that the script was "to get levels on the sound" and test the camera. (Id. 87: 17 -23.) Jane 11 Doe 15 believed the script had no legal significance because it had her state she was of sound mind 12 and body, but everyone in the room knew she had smoked marijuana with Jonathan. (Id. 88:18- 13 22.) 14 Next, Jane Doe 15 underwent coaching for an interview about her life and previous sexual 15 encounters. Jonathan and Teddy instructed her to describe her time there as "an awesome 16 experience" and to "sexualize it." (Id. 90:7 -17; 93:2- 6.) Jane Doe 15 answered the intimate 17 questions truthfully because she presumed her answers would only be heard on DVD in Australia. 18 (Id. 93:7 - 14.) Jane Doe 15 testified that she would not have answered the questions truthfully had 19 she known her video would be published online. (Id. 93: 15 -18.) Jane Doe 15 discovered her video online in April of 2016 when a high school acquaintance 21 of hers sent her the link to her video from ImagePost.com. (08/22/19 Trial Tr. 7:1 -15.) She was in 22 class at the time when she opened the link. Later in the day, her friend explained that people at the 23 school were disseminating the video and identifying her. (Id. 16:8 -18.) Her significant other tried 24 offering support but he was upset about the publication. Her mother and two sisters also discovered 25 the video. Jane Doe 15 testified that the release of the video damaged her family's trust in her. (Id. 26 23:18 - 20.) As a result of having her likeness on the internet, Jane Doe 15 endured harassment through 4 social media and texts from strangers that caused emotional distress. She was kicked off her 5 cheerleading team because of the video. (08/21/19 Trial Tr. 70: 18.) Her answers during the 6 interview portion of filming have been the subject of strangers' harassing texts. (Id. 95 :6 - 12.) She 7 turned to drinking alcohol in order to sleep, which added friction to her relationship with the person 8 she was seeing. (08/22/19 Trial Tr. 190:7-16.) She testified that she felt depressed. (08/26/19 Trial 9 Tr. 202:25.) She was prescribed sertraline and hydroxyzine, and she still takes both today. (Id. 10 152:5 - 8.) Jane Doe 15 worried about how she could be a mother now with the video out. 11 (08/22/19 Trial Tr. 16: 19 - 23.) Had she known about distribution and the aftermath of the video, 12 Jane Doe 15 testified that she would not have done it. (