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NEWS: Monica Rial, Ronald Toye, Jamie Marchi Also File Motions to Dismiss Vic Mignogna's Lawsuit


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AntiKuro



Joined: 01 Aug 2017
Posts: 200
PostPosted: Mon Jul 22, 2019 11:55 am Reply with quote
Florete wrote:
Vic's role was also recast in League of Legends.


Is that because of the allegations though? League hasn't actually stated why they replaced Vic as Lee Sin, but I kind of assumed they wanted to go with someone Asian.

If they decide to update Mazlahar (Sp?) and replace Vic as that character also then I would assume it's because of the lawsuits, but people are acting like he only voiced one character in League and are freaking out and getting upset over it.

Personally I like Lee Sin new voice better.
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Amibite



Joined: 01 Jul 2004
Posts: 196
PostPosted: Mon Jul 22, 2019 12:17 pm Reply with quote
Sad Petal wrote:
Kickvic has chosen to utilize their platform on Twitter to voice their opinions and IStandWithVic has chosen to utilize Youtube to voice their opinions. Either or, no one is stopping Kickvic to speak up on Youtube. But like you said and you are right that there are more pro-vic who dominate the Youtube space.


Twitter has always been the preferred platform for those kinds of people. You can curate your feed and block people from posting or reading your stuff, which means you can prevent people from proving you wrong or calling you out on your nonsense until your feed is to the point where only people who agree with you 100% are able to interact with you. On YouTube you can directly confront people and it's there for everyone to see. Can't block people from making response videos to you

Not to mention you need charisma to do YouTube. None of the KickVic people have that. All you need to do is watch Ronald Toye's deposition to see that. Text medium doesn't require you to actually talk or appear on camera which is more suitable for certain people.

thespacemaster wrote:
There has been so much contriding information about this case i have no idea who to believe in anymore, i just wish someone can show me a complete impartial source of information with no support for either vic or funimation so i can understand who really seems to be at fault here, but everyone here is either pointing fingers with one another be it a vic fan or funimation fan or trading insults and not a proper assessment of information.


Probably the most damning contradiction is Stan, KawaiiCon's founder's affidavit where Monica cites him as the key witness to the hotel room assault story, and Stan says she lied and the incident never happened. Now he's livid and pretty much calling out the current KawaiiCon CEO for lying about all this and dragging the convention he founded through the mud complete with receipts. I still have no idea why you would cite someone as a witness without contacting them first.

That's kind of the theme I noticed in all these affidavits though. They're all people who speak on other peoples behalf. "I saw a Vic talking to a cosplayer and it made me uncomfortable and I clearly saw that she was uncomfortable because I was" Great. Why are you speaking on her behalf instead of getting her to write something. The weirdest one was that singer a convention volunteer is saying Vic harassed. That singer has a Twitter, a Facebook. She's easily contactable. Why didn't you ask her to say that? Do you guys not know it's going to look absolutely horrible if it turns out Vic and his legal team took the intuitive and contacted her and got her to testify that never happened?

So many weird choices people are making throughout this whole case.
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Expias



Joined: 30 Oct 2008
Posts: 176
PostPosted: Mon Jul 22, 2019 12:29 pm Reply with quote
You read Stan's affidavit wrong as well as listened/read Monica's deposition video (or transcript) if your takeaway is Monica was saying he was a witness to the assault. She said that he knocked on the door. That stopped the encounter with Vic from continuing as Vic answers the door.

Stan's own affidavit said he can't remember. "If X happened, then I would have..." is not factual evidence and is nothing. It doesn't prove anything. He doesn't recall. The most telling thing is that he does not deny that they were in the same hotel room or that there was no incident. "He can't recall." If he was going to disprove the event he would have said something like "There was no such incident where I went to a room that they were both in" or "When he opened the door she was perfectly happy." His affidavit is pretty useless. It doesn't even help Vic.
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ranran-001



Joined: 25 Oct 2018
Posts: 537
PostPosted: Mon Jul 22, 2019 12:30 pm Reply with quote
Amibite wrote:
Sad Petal wrote:
Kickvic has chosen to utilize their platform on Twitter to voice their opinions and IStandWithVic has chosen to utilize Youtube to voice their opinions. Either or, no one is stopping Kickvic to speak up on Youtube. But like you said and you are right that there are more pro-vic who dominate the Youtube space.


Twitter has always been the preferred platform for those kinds of people. You can curate your feed and block people from posting or reading your stuff, which means you can prevent people from proving you wrong or calling you out on your nonsense until your feed is to the point where only people who agree with you 100% are able to interact with you. On YouTube you can directly confront people and it's there for everyone to see. Can't block people from making response videos to you

Not to mention you need charisma to do YouTube. None of the KickVic people have that. All you need to do is watch Ronald Toye's deposition to see that. Text medium doesn't require you to actually talk or appear on camera which is more suitable for certain people.

thespacemaster wrote:
There has been so much contriding information about this case i have no idea who to believe in anymore, i just wish someone can show me a complete impartial source of information with no support for either vic or funimation so i can understand who really seems to be at fault here, but everyone here is either pointing fingers with one another be it a vic fan or funimation fan or trading insults and not a proper assessment of information.


Probably the most damning contradiction is Stan, KawaiiCon's founder's affidavit where Monica cites him as the key witness to the hotel room assault story, and Stan says she lied and the incident never happened. Now he's livid and pretty much calling out the current KawaiiCon CEO for lying about all this and dragging the convention he founded through the mud complete with receipts. I still have no idea why you would cite someone as a witness without contacting them first.

That's kind of the theme I noticed in all these affidavits though. They're all people who speak on other peoples behalf. "I saw a Vic talking to a cosplayer and it made me uncomfortable and I clearly saw that she was uncomfortable because I was" Great. Why are you speaking on her behalf instead of getting her to write something. The weirdest one was that singer a convention volunteer is saying Vic harassed. That singer has a Twitter, a Facebook. She's easily contactable. Why didn't you ask her to say that? Do you guys not know it's going to look absolutely horrible if it turns out Vic and his legal team took the intuitive and contacted her and got her to testify that never happened?

So many weird choices people are making throughout this whole case.


Stan never said she lied. Get your facts right. He only remembers knocking on Vic's door and seeing both Vic and Monica in the same room. He remembers nothing else.

It does nothing to exonerate Vic.
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Mune



Joined: 20 May 2004
Posts: 376
Location: Minnesota
PostPosted: Mon Jul 22, 2019 12:41 pm Reply with quote
As someone that hasn't really interacted with Vic and am unsure about the allegations, I've been keeping an eye on this regardless because it impacts anime conventions. It's enough with the awkward attendees and staff, but the guests too? If I were a parent, after reading the accusations and stories, I wouldn't let my child attend a convention. I know it is a very small population actually does this, and they are treated like criminals when an accusation occurs to protect the general convention. This is the norm in any facet of life though.

If a teacher was accused of doing these kinds of things, you'd probably want the teacher removed from their position until a full investigation can be completed. If the teacher is guilty, they'll lose their job. However, if found innocent, they may still lose their job- because, let's be honest, most will still say "there must've been some truth to the accusations", even after rescinding the accusation occurs. That's just how our world works. It's not always fair.

So, rather than risk it being true, Sony, Funimation, and Rooster Teeth have dropped Vic from employment. It is to safeguard them from damages. It is to safeguard their fans and other employees.

Now, Vic has every right to sue if he believes that his image was damaged because of such an action, but if damage was already spreading through the internet anonymously prior, then no origin of damages can be properly sued. Plus, if one person said it...okay, probably making something up. However, there have been people claiming that his behavior was inappropriate on several occasions. These come from not just random people on the internet either, but also fellow co-workers of Vic. This says a lot about what is going on. This may have been escalated due to the Me Too Movement, as many victims of such acts stay quiet out of fear, fear of being ostracizated by friends and their communities, and fear that they won't be able to go to conventions at all anymore- this is especially true the younger a victim is. Some may even accuse the victim of seducing their offender or complaining about an honor (some people idealize the offender). However, once someone speaks out about being a victim, others gain the courage to speak out about their own incident. Yet, some reading or watching this unfold are under the impression it is to destroy Vic and/or get themselves publicity and/or money.

As some have previously said, it'll be nice once this is over. At least it is in the court's hands now, rather than just accusations being thrown around. I also feel like it won't die down in the fandom even after that, much like other famous court cases. Do I think he's guilty? I don't know; it's not my place to say.
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SquadmemberRitsu



Joined: 26 Jan 2012
Posts: 1391
PostPosted: Mon Jul 22, 2019 12:49 pm Reply with quote
Funimation will probably get out the easiest because his evidence for what he purports as a mountain of gross misconduct barely rises above speculation. Jamie Marchi... he admitted it, that’s done. Ron is barely involved and the assumptions about his involvement lack any real evidence. For Monica, it’s a few mean tweets vs an absurdly large amount of evidence establishing a clear pattern of behaviour that paints Vic as an even more disgusting predator than the level that got him kicked out of the industry.

Vic is the plaintiff and yet it sounds like he’s on trial for a decades long prison sentence. But I’m sure making people talk about his sexual assault allegations for months after his firing, putting himself in a position where more details come to light, conspiring with other slimy industry people to intimidate the victims and completely giving up on any showing of remorse is all just part of his master plan to clear his name.
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Noggy



Joined: 24 Apr 2006
Posts: 88
PostPosted: Mon Jul 22, 2019 1:03 pm Reply with quote
Expias wrote:
or "When he opened the door she was perfectly happy."



Even that perhaps wouldn't help Vic, depending on how he came to the conclusion that she seemed happy. It would have to be something more like Monica explicitly saying something to him that contradicts the story she told publicly.

"Testimony regarding what another person was thinking is inadmissible speculation and should not be considered". - Van Der Linden v. Khan, 535 S.W.3d 193 (Tex App 2017)

"Testimony based on nothing but speculation is evidence of nothing at all". - HMC Hotel Properties v. Keystone-Texas, 439 S.W.3d 916 (Tex.2014)


It's all a moot point since, as already stated, him saying he doesn't remember anything doesn't come close to helping Vic, expect to members of the peanut gallery desperately twisting and clinging to anything to justify their support of Vic.
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Crispy45



Joined: 23 Sep 2012
Posts: 363
PostPosted: Mon Jul 22, 2019 1:11 pm Reply with quote
FenixFiesta wrote:
Legally, we are barely even starting, this stuff is going to going on probably ~a year from this point If the trial actually goes quickly.

Legal proceedings are very concise step by step processes, assuming there is not some sort of insane turn of events, we will eventually get to an actual day in Court.

That said, all this mass amount of "Court of Public Opinion" is amusingly partially the reason why the actual Legal Courts were invoked in the first place.


If you go off what Monica and Ron's lawyers said, they expect this case to go on for another year or so. Which indicates to me they know this TCPA is going to fail, which is why they essentially filled it to the brim with hearsay and unverifiable bullshit in an attempt to abuse a privileged document and defame Vic even more. Scumbag behavior, but not punishable and I suppose it's smart in a way. This case could easily go on for years depending if the defendants keep delaying things out and then you factor in appeals.

I've been following this case silently since it started, and it's been fascinating. I get the feeling Monica and Ron don't actually care about Vic that much anymore. So much of their legal filings have involved that Nick Rekieta character and the GoFundMe he set up. They are positively obsessed with that dude. He has zero baring on this case outside being a YouTube commentator. I can't fathom why they're so obsessed with the guy and the money he raised. Or maybe I do. I guess if he never raise the money Vic wouldn't have sued them.

Snow_Musket wrote:
What the public thinks of assault and the legal definition of assault aren't the same thing.

Assault is an intentional act that is designed to make someone fearful that they will be harmed. Battery is carrying through with the assault and actually inflicting harm on someone.


Most people commenting in this case don't know a single thing about law. That's the one thing I've learned throughout all this.

Expias wrote:
Stan's own affidavit said he can't remember. "If X happened, then I would have..." is not factual evidence and is nothing. It doesn't prove anything. He doesn't recall. The most telling thing is that he does not deny that they were in the same hotel room or that there was no incident. "He can't recall." If he was going to disprove the event he would have said something like "There was no such incident where I went to a room that they were both in" or "When he opened the door she was perfectly happy." His affidavit is pretty useless. It doesn't even help Vic.


Saying "if such an event did occur, I would have remembered it" was done specifically so they couldn't spin it by saying he had a bad memory or was a bad witness. He's flat out saying the event Monica described did not happen. If you don't think that is huge then those PR lawyers on Twitter should be getting paid overtime for being such masterful spin doctors. Or maybe I'm giving them too much credit. This could just be a case of people already decided Vic is guilty and are now using simple confirmation bias on any and all evidence that pops up to interpret it in their favor.

Vic and Monica being in the same hotel room does not mean anything at all though. Or to put it in Vic's own words "everything that ever happened between Monica and me was consensual". It's pretty clear what the implication there is. [Edit]: removed unwarranted aspersion. Errinundra.
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AiddonValentine



Joined: 07 Aug 2006
Posts: 2204
PostPosted: Mon Jul 22, 2019 1:16 pm Reply with quote
Stelman257 wrote:

No he is not still getting work. He recently got recast in Bungo Stray Dogs for example, which is dubbed in LA. Houston hasn't gotten him for work in years.
His most recent thing he finished was Rohan in Jojo's Bizarre Adventure Part 4, and Shibukawa in Baki. Both are roles he got before the allegations came to light. He hasn't had a single new role ever since this all blew open, but he has been recast in 3 since. (Morose Mononokean II, RWBY, and Stray Dogs)


Yeah, and reading the affidavits it seems he's been struggling to get work for longer than that due unprofessional behavior. So this idea of Vic being a respected VO artist is a complete myth and companies only tolerated him because of his popularity.
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kpossibles



Joined: 01 Dec 2018
Posts: 145
Location: USA
PostPosted: Mon Jul 22, 2019 1:34 pm Reply with quote
Mune wrote:
However, there have been people claiming that his behavior was inappropriate on several occasions. These come from not just random people on the internet either, but also fellow co-workers of Vic. This says a lot about what is going on. This may have been escalated due to the Me Too Movement, as many victims of such acts stay quiet out of fear, fear of being ostracizated by friends and their communities, and fear that they won't be able to go to conventions at all anymore- this is especially true the younger a victim is. Some may even accuse the victim of seducing their offender or complaining about an honor (some people idealize the offender). However, once someone speaks out about being a victim, others gain the courage to speak out about their own incident. Yet, some reading or watching this unfold are under the impression it is to destroy Vic and/or get themselves publicity and/or money.


I've been sharing some updates regarding Ryan Kopf sexual assault allegations on my timeline and forgot that I'm mutuals with one of my mom's former coworker who has a teenage daughter now who likes anime. She sounded super concerned about having her attend conventions now because all the crappy news about sexual assault and harrassment coming up. This is probably why conventions tried to downplay Vic for years and he has a big enough ego to not accept any advice from any coworkers or friends about requesting him to change his behavior over the years.

Vic took the worst possible route because in a few years, I have a feeling that even desperate conventions looking for guests won't book him because he'll be asking a lot for his appearance fee and accommodations while a working voice actor in a popular shonen jump anime series with a nicer personality will be asking for less & has a better reputation overall. If he had at least consulted with a PR firm, they would've advised him to take the humble route so he could still get work. I doubt any company will approach him now.

In addition, the accusations about Vic got brought up again after stories about Dylan “Hazukari” Kielman came up and it went into the trend of calling out creeps on Facebook. Usually, a lot of victims have to take time to process and also realize that if they're going up against a celebrity/somewhat known person in the anime con community, they will probably be risking on getting doxxed, as most of the supporters of victims have gotten at least spammed online with hateful messages on their social media.
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Noggy



Joined: 24 Apr 2006
Posts: 88
PostPosted: Mon Jul 22, 2019 1:43 pm Reply with quote
Crispy45 wrote:
If you go off what Monica and Ron's lawyers said, they expect this case to go on for another year or so. Which indicates to me they know this TCPA is going to fail



Or, you know, they are expecting Vic to appeal since he has over $200,000 burning a hole in his pocket. The judge doesn't even have to make a decision of Ron and Monica's TCPA motion until like October. If the case is tossed and Vic appeals, another 9-12 months isn't an unreasonable time frame, you underestimate how slow the legal system works.

Quote:
He's flat out saying the event Monica described did not happen.



Joe: "I wore a blue shirt last Thursday".
Bob: "I saw Joe last Thursday but don't remember what shirt he was wearing".


Did Bob just prove that Joe wasn't wearing a blue shirt last Thursday? There's a huge difference between "I don't remember" and "I know this thing didn't happen". I don't remember anything that happened on May 12th 2008, does that mean the universe must have skipped a day?

From a legal standpoint, what Stan said was completely meaningless and a jury will never hear his testimony if this case actually makes it to trial.
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Commander Cluck



Joined: 02 May 2019
Posts: 123
PostPosted: Mon Jul 22, 2019 1:45 pm Reply with quote
Thespacemaster wrote:
There has been so much contriding information about this case i have no idea who to believe in anymore, i just wish someone can show me a complete impartial source of information with no support for either vic or funimation so i can understand who really seems to be at fault here, but everyone here is either pointing fingers with one another be it a vic fan or funimation fan or trading insults and not a proper assessment of information.


I saw a link to a pretty neutral video essay breakdown of the timeline of events in the last thread but it was deleted by mods for being a 'conspiracy video' so I'm assuming I can't re-post it.

MarshalBanana wrote:
So aside from Funimation and Rooster Teeth not doing any more business with him, what else has happened? Because it seems like he came out of this relatively fine. He is still getting work in LA(maybe even Houston) and plenty of people support him, so this long drawn out lawsuit seems pointless at best, and at worst is drawing attention to the problem.


Not much has happened. He raised over a quarter of a million dollars from the anime community to take this to court. he's been invited to a dozen or so conventions thanks to fan support and the narrative shifting back in his favor. He might not be getting steady voice work, but that's honestly not as important as people would have you believe since most of a VA's money comes from convention appearance. He's in a better position now than he was in February, at the very least.

The lawsuit is necessary though. Whether it's to clear his name or to at least deter people in the future from making accusations with no tangible proof. It's true that even if he name is clear he'll probably never get all of his roles back (especially not from Funi unless they totally clear house and kick out all the people involved in this), but that's just how it goes. Even people proven innocent of a crime still have a blemish on their name and never recover fully. That's why courts award damages, to compensate for that so they can live the rest of their life in comfort and not have to worry about work.
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FenixFiesta



Joined: 22 Apr 2013
Posts: 2581
PostPosted: Mon Jul 22, 2019 1:53 pm Reply with quote
The thing of it is, Vic already got kicked... in the court of public opinion.

Vic's legal goal is to prove that:
1) Kick Vic happened
2) show who "lead" Kick Vic
3) show that those who were most adamant about Kick Vic had a reason to do so.
4) show that he had actual significant monetary and social damages in relation to Kick Vic
5) show that the end results of the court of public opinion that Vic had been without due process banished from several lines of financial opportunities (Blacklisted)/
.
Rial and Toye are in effect legal stepping stones to eventually sue Funimation/Sony, the place where all the MONEY is at.
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DerekL1963
Subscriber



Joined: 14 Jan 2015
Posts: 1113
Location: Puget Sound
PostPosted: Mon Jul 22, 2019 2:11 pm Reply with quote
Commander Cluck wrote:
Not much has happened. He raised over a quarter of a million dollars from the anime community to take this to court.


We've been through this before - the anime community did nothing of the sort. A small subset of the community, fans of Vic (with assistance from some less-than-savoury people not in the anime community at all) donated to the (lost) cause.
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Noggy



Joined: 24 Apr 2006
Posts: 88
PostPosted: Mon Jul 22, 2019 2:14 pm Reply with quote
FenixFiesta wrote:
Rial and Toye are in effect legal stepping stones to eventually sue Funimation/Sony, the place where all the MONEY is at.


He's already suing Funimation, they're part of this lawsuit.

Beyond that, it doesn't matter if "Kick Vic" in general damaged Vic. He needs to be able to prove that false statements of fact by the people he is currently suing damaged him. Vic admitting the damage to his reputation was "death by a thousand paper cuts" and he was being labeled a pedophile for years by people other than the defendants. He also admitted that the only statement of fact made by Jamie did in fact happen. The judge will especially love that last bit.

If the snti-SLAPP motions all go against Vic, he will likely be sanctioned by the court so badly that he wouldn't dream of suing anyone else over this.
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