The original version of this blog was posted Tuesday, February 3, 2015. I kept it up a week, then took it down. I made my point, and I didn't want to have to read such nastiness on my own blog.
However, it recently came to my attention that Bullyville, a renowned & very popular site that aggressively goes after cyberbullies & pedophiles has now focused on my cyberbully...vinniespina.com.
Mrs. Spina has apparently renewed her assaults on me on twitter, out of misplaced rage.
Therefore, I have no choice but to re-post the below, with the original comments. I'm closing any new comments.
I hope someday twitter finds a way to better protect those that are there simply to laugh, talk to people, and discuss issues.
Until then, tread lightly, my smartasses.
*The twitter handles of these people have since changed.
Tuesday, February 3, 2015Warning: Materials included NOT for the faint of heart or those in possesion of any kind of soul.This is not a story I want to tell, at ALL. In fact, I’d rather be doing something fun, like getting my arms chopped off.It’s about a cyberbully.More specifically, my experience with a cyberbully.I’m a busy gal, I’ve been in this business a long time, and trust me, the last thing I care about is what people (especially those I don’t respect) think or say about me.And when they’re hiding behind a fake name on twitter, I care even less.However, after years of blocking and ignoring and reporting and blocking and ignoring this one particular situation, I’ve decided to finally address it, for one reason only:Because there’s one thing that’s even worse than when someone terrorizes you for no reason, completely determined to destroy anything that matters to you. And that would be if a kid or someone with low self-esteem went through what I have… yet it happens every day.No wonder people are killing themselves.That’s why I decided to share my story. To say you’re not alone.To be clear, this isn’t about mean comments. This isn’t something that you can block, ignore & it’ll go away. This is day after day, multiple accounts all created with the sole purpose of ruining your life. This is about creating hate & porn-filled websites using a version of your name. This is multiple blogs filled with lies absolute lies about your reputation printed on a blog, as if they’re facts.All of this, simply because I refused to block someone this woman hated.The fact that this type of slander and disgusting terrible lies were allowed to continue while Twitter sat by, barely lifting a finger to help…it blows my mind.I dunno, but if someone is consistently proven to be a terrible scourge who tries to destroy people and twitter suspends them…how on earth are they allowed to create dozens of different accounts that same day, and continue on with their behavior?I never wanted anything bad to happen to this woman.I JUST WANTED HER TO STOP.Now, I certainly don’t blame bullies or terrible people on Twitter. I’m well aware there are shitty people everywhere. But when Twitter doesn’t enforce it’s own TOS, or take real, true, proven cyberbullies seriously..most people feel Twitter doesn’t give a shit about them, as long as the promoted ads are running, who cares about anything else.Which is why pretty soon it’ll just be the loons left, after they’ve forced everyone else to leave.Unless Twitter changes how they navigate the sickening behavior I describe below…For Many years I've advised others to block cyberbullies & trolls. I still believe this is wisest & most effective, and I’ve done the same. However, in this one particular case I learned the hard way that it served to only exacerbate the issue, because for the past 2 1/2 years, I’ve been trashed and bullied by a disbarred lawyer/housewives blogger named Vincenza Spina and more recently, her cohorts-especially a gentleman named Brandon King, a self-proclaimed hacker who has multiple arrests and a long documentation of criminal behavior.These two and a few of their pals have spread terrible lies about me and many others with abandon and zero regard to the truth. There are countless victims in their wake.Ms. Spina alone has caused many innocent people to leave Twitter. As far as I’m aware, she’s tried (and in a few cases succeeded) to destroy people’s careers & hurt their families. She’s called their bosses, made outrageous claims of illegal and immoral behavior they’ve supposedly done, accused them of harassing her, reported many to the IRS, released old, sealed arrest records (which she’s not above doctoring), posted peoples names and addresses, and in many cases (including mine) accused people of pedophilia or supporting it. She and Mr. King adore that one.Until yesterday, I've never said one word about them publicly on twitter. I've only mentioned them in DM's in support of some victims of theirs who've reached out to me.Before I go any further, I think it’s important to give you just a small taste if what I’ve been navigating for the past few years. Here's a twitter conversation that took place just a few days ago between Ms. Spina (she is currently @Buk_WheatMedia @BuckWheet) & Mr. King (currently @PirateLabCorp, @Psycho_Loyler)A few helpful tidbits:*I’m “KJo”*The 'LOLyer' they refer to is my own lawyer, a gentleman I was finally forced to hire in November after Ms. Spina crossed the line by posting my private emails to another party that she altered to suit her purposes on her "entertainment" blog trashing me.*The “Uniballer” is my friend Ed, a victim of testicular cancer.
*Queenz Of Media is my friend Grace, a brilliant transgendered woman they accuse of being Michael Johnson, an alleged black prostitute with AIDS. She is white, doesn’t have aides, and her birth name was not Michael Johnson.
*Both Ed & Grace are among the very few who are unafraid of these people.
Since some of the following don’t seem to be posting, I also wrote them here…(joy)These are from Brandon King to Faux:
*Kristen Johnson (sic) is friends with Michael Johnson aka QueenzOf Media a convicted
Pedophile, prostitute & admitted drug user.
*She uses a transgendered prostitue @QueenzOf Media to target people including children.
*She's too stupid to realize all her dms are avail through subpoena, when that gets out she'll
prolly end up in jail.
*She can't even get a bit part on TV. She's washed up. The End.
*She fails at everything apparently
*That washed-up D-list actress is a whack job.
*I bet Michael & his buddies have gang bangs on KJo.
*You gotta know KJo loves slobbing on Michaels Knob. EWW! That is one rank human being.
*That washed up D-list actress needs to get back on drugs, might help her personality cus she's
digusting sober. LOL.
*20 years later no one cares about her except trannies, trolls and the dregs of society, she's a
*If it wasn't for John Lithgow no 1 would even know who she is or care she sucked on that
show anyway, every1 hated her character.
*Mostly cus her character was actually just her cus she can't act, she rode Lithgow dick to
*Meh she's not a fraud she's a scumbag, she should have done the world a favor an OD'ed. She
sucks as an actress and a human being.
Here are a few of Vincenza Spina aka Faux aka @Buk_WheatMedia’s tweets:
*She surrounds herself with addictive personalities, easily influenced & tells them who to
follow, what to think & who to attack.
*She's the ring leader. Her emails & DM's will be #Gold
*She keeps it under wraps by sending Cyst & Desease letters (Faux's adorable lawyer-speak for
Cease & Desist letters) to try to quiet legit stories mainstream picks it up. #BAAAAAM
Regardless of the terrible things he’s said about me, I would never wish death upon him.It’s also worth noting that I’ve done nothing to incite this rage.Also, as many can attest, I’ve often DMed their other victims who were angrily tweeting about them & asked them to stop.That it's WHAT THEY WANT, and I don't want good people turning into hideous venomous hateful creatures.
Let's leave that to them.
In fact, these people would be quite surprised to know that I'm far from the "leader" of this "movement" against them. I certainly hope my DM's are "subpoenaed." Though the idea that either of these creatures would take me to court is laughable…for what?
"Your honor, this woman has dared to defend herself against the multitude of lies & years of harrassment we've spread against her. HOW DARE SHE???!!"
Now, I admit I'm deeply flawed.
I don't know much, but I am positive about these things:
I'm loyal to a fault,
I would never intentionally harm anyone,
I try never to lie and I can't stand it when other people do.
About four years ago, I was new to social media and was being harassed by someone who couldn’t understand why I couldn't cure him of his addiction. I had no clue how best to handle it, so I mentioned it to an actress friend of mine who had more social media knowledge than I. She instantly said she said she had the perfect person, a woman who was an expert and ran a wonderful anti-cyberbullying site in her spare time.
That's how I met Kitty.
I liked her immediately, and eventually became email friends. Kitty had fantastic advice as to how to navigate this sort of thing...the best way to report to twitter, law enforcement, etc. Because this gentleman was somewhat of an ongoing issue, and I ended up having a few other undesirables over the years, I happily compensated her for her time, wisdom and effort.
I also donated to her anti-cyber bullying site, providing her interviews, allowing her to use my name & photo to promote her work....and, I tweeted about her & her site quite often.
That's when the lovely Vincenza Spina entered.
VINCENZA LEONELLI SPINA
She went by the handle @FauxRealityEnt then (she’s had many name changes since), who wrote a housewives blog (which at the time, was fairly popular). From now on, I'll refer to her as Faux.
Here’s why Faux began focusing on me. We interacted a few times right after I was on WWHL when GUTS 1st came out. She seemed okay, if a bit nasty, and I tried reading her blog but I don’t watch the Housewives and had no clue who anyone was. Plus, it was poorly written and seemed incredibly mean-spirited.Shortly after a tweet where I once again mentioned Kitty’s site, Faux began demanding I denounce Kitty and her husband as pedophiles. She had PROOF.
I told Faux that I could’t do that. Kitty had done a great job for me, and that's all I knew of her.Faux kept insisting this woman raped kids, blah blah blah….Kitty would write me daily in hysterics, so deeply traumatized by what Faux was doing to her. I felt just awful for her.So I blocked Faux. I guess she didn’t appreciate that so much.
Thus began her campaign of lies & hate against me. I kept hearing from people that she was constantly tweeting me cruel shit & writing derogatory blogs abt me on her website, accusing me of “SUPPORTING A KNOWN PEDOPHILE,” of being bi-polar, a bully, a psycho, that I’ve relapsed, that my charity is just a front to swindle $$, that I trash everyone, I’m a hypocrite & she can prove it (she never has) and that I have no career (which, coming from a disbarred attorney to a working actress is pretty amusing.) Nothing was off limits: my sobriety, the truthfulness of my book, my intentions behind helping other addicts.I never read them, I’d just hear about them.I never once responded.I never said one word about her on Twitter until yesterday.In fact, I never even reported Faux to twitter until a few months ago, in November.And that was only because I had to.Soon, I began to learn that I was far from her first victim. In fact, I soon discovered that over the years this woman’s been on social media, people of ALL ages have been forced to suffer an ungodly nightmare brought upon them by Ms. Spina, a woman they’d never met. Careers destroyed. Children used as pawns of retribution & put in harms way. People’s names & home addresses posted. Terrible lies. Pathetic accusations. So much terrible suffering.All caused by this one person on twitter, and the few others who support her.Now, I'm a big girl. People have every right to have whatever opinion they want about me.
But lying? Defaming? Trying to get me fired? That’s another story.I'm sick to death of sitting silently by as these losers spend every minute of their unhappy lives spewing their noxious venom all over me & everything I've worked so hard for.
Which is why, after careful consideration, I decided to finally share my story of cyberbullying. This is my truth. No one else's.Yesterday, I asked my lawyer if what's been happening to me all these years could be considered cyber-bullying. He replied:"Cyber bullying is defined as harrassing or posting mean messages about or to a person online. In your case, there have not only been malicious messages placed online about you via Twitter, there have been lengthy, untruthful and slanderous blogs defaming your person, character, employment and cruelly questioning your general concern to help others without any merit whatsoever.To clarify, these online blogs and articles claim the exact opposite of what you do which is help people.The online postings, blogs and articles paint you in and untruthful negative light solely for these losers to make themselves feel better and disparage someone for no reason whatsoever.Therefore, I would certainly say that you are a victim of cyber bullying. In the process of cyber bullying you they have defamed you as well."So, there you have it. I'm being cyber-bullied.
Sadly, I'm far from alone.
I'm not talking about the guy who wished death on you because you tweeted you hate country music. Or the woman who says really mean stuff about you. Or that high school classmate who can't seem to stop subtweeting about you.
Not that they aren't charmers, those li'l bully-wannabes. These are people you block and never look back.
I’m referring to someone from Facebook or Twitter who is absolutely determined to do everything they can to destroy your REAL life, your family, your career, your children and anything else you care about.For more information, take a gander at fauxproblems Vincenza-leonelli-spina or https://thequeenzofmedia.wordpress.com/2013/07/13/fauxrealityentertainment-com-the-story-of-vincenza-Back to Kitty. I tried to help her, (mostly just supporting her emotionally, and I did think what Faux was doing to her was unbelievably malicious) and when she claimed to be flat broke & begged me to help pay the retainer for an attorney who “said she had a slam dunk case of defamation against Faux,” I decided to send her the 2 grand. I even made an email appeal to others to help if they could. (Quite a few did.) More on this in a second.Then, due to Lupus, I left twitter. I told Kitty I'd done all I possibly could for her, but that I had to deal with my dire health issues. She seemed to understand.
But 3 months later I learned she still hadn’t hired an attorney. I asked for a grand back, telling her she could keep the other half. She said something about having spent it all on her husband’s medical bills. Ok. Whatever.I wrote her back, saying that I understood. Could she at least email me a tax-deductible receipt, and I’d consider it a donation to her anti-bullying site?
I never got it.
I came back on on twitter briefly, long enough for another woman to DM me (private message) saying Kitty was trashing me behind my back & she went into details. I was astonished. I replied something like "I can't believe it! After all I've done for her...I've supported her with this Faux thing, plugged her site. I've even given her like 8 grand over the years!"(I pulled this amount out of my ass. It could be more, could be less. I paid her many times in many different increments. Plus, the 2 grand for the “lawyer fees")
I soon left twitter again to treat my Lupus and to get away from all the toxicity.
That’s when, unbeknownst to me, Faux somehow got her hands on these DM exchanges, tweeted them & started writing blogs saying I accused Kitty of conned me out of 8 grand, etc. I had NO clue about any of this. I was off twitter, in the hospital at time.
Kitty (who never emailed me about this) apparently took the fact that I didn’t defend her publicly as….I don’t know…..as some sort of permission to betray me? I don’t know.
All I do know is Kitty ended up sending Faux many of our email exchanges. She’s publicly admitted this. The most ironic part is they were all written trying to support her.I guess she did this to get Faux’s attention off of her & on to me? Good for her, she was successful. Hope that feels good.
Someone would always send me the links to Faux’s blogs and (like all of her tweets) I never read them.However, I would immediately forward the link to a dear friend of mine, ex-FBI agent who’s now a cyber bully expert.
Every single time, year after year, month after month, he’d say the same thing to me: “It’s not against the law to write mean stuff. Just ignore.”Cool. I did so, happily.I have better things to do than pay attention to some squawking asshole trashing me.
Then, for some reason, in November, Faux decided to kick it up about 300 notches. (I think she was reported by someone & assumed it was me?) She apparently wrote yet another lengthy, scathing & full of bullshit blog on her website about me, which I dutifully sent to my friend, expecting the same old response. Therefore I was shocked when he immediately wrote me back saying “Kristen, you need to get a lawyer. Now.”
To this day I still haven’t read this blog, but know a lot about it. In it, Faux decided to not only eviscerate me & my charity, but also accused me of being Bipolar, the most despised bully on Twitter (seriously, you gotta laugh at that one), a liar, a drunk, among many other things. She cced my bosses at TV Land & The Exes (Who have been well aware of her lunacy for a some time.)So I hired a wonderful lawyer, a decent, kind, & tenacious man who had dealt with Faux before. He's been AMAZING. He’s written a C & D letter to Ms Spina & her attorney hubby demanding they take the offending blog down, which she rejected in a ridiculous & truly hilarious manner. (Don’t worry, you’ll see for yourself soon enough.)
But oopsies. She made a very dumb move (especially for a former lawyer) and chose not only to post in her blog some of the private emails between myself & Kitty, but she posted them completely RE-WRITTEN.
This was obvious, as quite a few others had been sent the same exact email a year previous & had the original email. It was also proven by some computer expert on one of the many anti-Faux blogs that exist now.
Plus, I can spell, she can’t.
Here's mine, followed by what Faux altered & posted on her blog:
What Faux & Mr. King don't know is that my "LOLyer" has nothing to do with getting their many twitter accounts shut down. This is due to their many other victims, as well a wonderful friend of mine who happens to work at twitter, and he’s shown twitter legal department the years of torment they’ve spewn on me, and mostly dozens of others. He refers to it as “Whack a troll."
Day after day, more of the same people create dozens of accounts with the same evil objective, are shut down, and instantly create yet more accounts the whole thing begins again. They also took my twitter handle & made a disgusting porn site. I’m beyond over it.
I JUST WANTED THE BLOG WITH THE ALTERED EMAILS REMOVED.
and a few more
Faux claims she has “tons” of dirt on me, many emails & texts & DMs proving what an insane bipolar narcissist I am, and they will be enough to put the final nail in my ruined career. (which, coming from a gal who doesn’t have one herself to someone who actually works is kinda ironic, no?)Regardless, they never appear.She’s tried desperately to get any news outlet to pay attention to her, has giddily bragged about all her “contacts” at this or that entertainment outlet, and often tweets about how me, or this or that celeb will freak out when her story on them runs in the very near future.They never appear.The reality is, I happen to know that many of these editors & writers do whatever they can to avoid her, ignoring her many pleas to contact her about her “dirt” on people.So many lies. So many empty threats.She has also threatened many times to post my attorneys’ Ceast & Desist letter.
Let me save her the trouble.I've included the C & D letter below, as well as her response. I am sure Faux and her cohort will do everything they can to try and discredit it or spin it to their benefit.
However rest assure this is the God’s honest truth and whatever lies or stories they write in response to this blog are exactly that, lies, a spinning of the truth and just another act of online bullying and harassment to achieve their goal to defame and hurt me.I hope they do...every single disgusting lie they tweet & blog is being closely watched, and all they do is dig themselves in deeper & deeper. The most interesting part? All of this has been out of my control for a while now. It is all in the hands of people far wiser & more powerful than I.There's more. Much more. But I don't have the stomach to repeat it.
As God is my witness, every single word above is 100% the goddamn truth.
Thank you for reading.
Here is the Cease & Desist letter sent to Vincenza Spina aka Faux Reality Entertainment:December 3, 2014VIA EMAIL:Fr Entertainment, LLC d/b/a FauxRealityEntertainment.com andPatrick Spina (Registered Agent) andVicenza Leonelli Spina (Owner and Operator)2186 Linwood AveFort Lee, NJ 07024Re:CEASE AND DESIST of the posting of false and defamatory articles and blogs pertaining to Actress and Writer Kristen JohnstonPatrick and Vicenza Leonelli Spina:We are litigation counsel to Kristen Johnston. I am writing with regard to your blatantly false and defamatory blog written and posted on your website, fauxrealityentertainment.com, Twitter and other social media by you and your company. In addition, you intentionally, willfully and maliciously have taken my client’s private emails which you have no right or authority to possess and which you knew were altered by your online cohort named Kitty McCaffery (hereinafter referred to as “Kitty”) and subsequently published it so as to bolster your non-existent “proof” of Ms. Johnston’s non-existent negative behavior. All of your actions described herein violate Federal and State Laws and subject you to civil liability and potential criminal liability.Ms. Spina: THE ARTICLES YOU HAVE WRITTEN AND POSTED ABOUT MS. JOHNSTON ARE HIGHLY DEFAMATORY, COMPLETELY FALSE AND VIOLATE FEDERAL AND STATE LAW On November 15, 2014, you wrote and posted an article on your website, fauxrealityentertainment.com alleging that my client has a bipolar personality on social media”, “inserts herself into controversy, promotes and encourages her followers to engage in Twitter warfare in an effort to commit bullying online” (insinuating she engages in cyber-bullying). Your article then attempts to include examples of this alleged behavior; however, it clearly includes incomplete and misleading information.In February 2014, you wrote and posted several articles on your blog as well as Twitter stating Kristen Johnston knowingly supported and funded a website (RiseandStand.org. an anti-bullying website run by Kitty McCaffery), which you accuse instead profits off of victimsand commits cyber-bullying. This article further insinuates that my client was well aware that this was the purpose of the website, yet still participated in funding and supporting same. These articles and the statements contained therein are false, incomplete and misleading. They were made willfully and maliciously and knowingly solely to fuel your irrational desire to defame, cause harm to my client financially and in terms of her reputation.Publication of these incomplete, misleading and totally untrue statements andinformation gives rise to liability for defamation since your presentation may imply an actionable and false assertion of facts. Ringler Associates Inc. v. Maryland Cas. Co. 80 Cal. App. 4th 1165, 1180, 96Cal Rptr. 2D 136, 149 (2002); see also, Milkovich v. Lorain Journal Co., 497 U.S. 1, 19, 110 S. Ct. 2695, 2706, 111 L. Ed. 2d 1, 18 (1990) (Incomplete facts may still imply false assertion of fact.) “Although the truth of an alleged libel may be proven as a complete defense, it is not a defense to show that a statement contained in a publication, if taken alone, is literally true, when other facts are omitted which plainly refute the false impression of the partial statement. A statement is not true or even substantially true if, by implication, an entirely untrue impression is made by the omission of part of the facts.”, Express Publishing Co. v. Gonzalez, 350 S.W. 2d 589, 592 (Tex. 1961); See also Toney v. WCCO Television, Midwest Cable and Satellite, 85 F. 3d 383, 392 (8th Cir. 1996) (recognizing cause of action for implied defamation where defendant omits important facts).Furthermore, it would be immaterial whether the story’s untrue assertions are made as statements of unequivocal fact or by innuendo and implication. In either case, substantial liability will arise since it is well established that “defamation by implication stems not from what is literally stated, but what is implied.” White v. fraternal Order of Police, 909 F.2d 512, 518 (D.C. Cir. 1990). A defendant in a libel case is accountable and liable “for what is insinuated as well as for what is stated explicitly.” Kapellas v. Kofman, 1 Cal. 3d 20, 33, 81 Cal.Rptr. 360 (1969). It is clear that you are writing and posting articles online via your website and other social media and blogs which clearly are false, misleading and are done with the specific intent of malice, willful reckless disregard for the truth and, most damaging, with the specific intent to cause harm to my client personally, as well as to her reputation, thus committing defamation with the intent to cause prospective economic damage to her career and reputation.Mr. and Mrs. Spina, as a former and current attorney, I am sure you are aware that publishing a story predicated on obvious biases which omits or buries key facts and/or makes misleading assertions cannot qualify as a “fair and true report” under California Civil Code §47(d). A newspaper report is “fair and true” if it captures “the substance and gist, the sting of the libelous charge”, and while an article need not track verbatim the underlying proceeding [posting or information] the numerous articles you have posted have deviated so far from reality, are so substantially different from the truth, and are neither fair nor true.Your companies have clearly crossed all legal, moral and ethical allowances established, therefore you have clearly overstepped all legal boundaries. Colt Freedom Communications, Inc. 109 Cal. App. 4th 1551, 1558, 1 Cal Rptr. 3d 245,250 (2003).Furthermore, to the extent you believe that simply by republishing another’s statements; you have no liability, you are mistaken. At common law, one who republishes a defamatory statement is deemed thereby to have adopted it and is therefore held liable. Khawar v. Globe International, Inc., 19 Cal. 4th 254, 276, 79 Cal Rptr. 2d 178, 191-192 (1998). Moreover, the fact that you take another’s postings and report them does not provide any privilege or safety for you and your companies either. See above references to case lawdiscussing “insinuations.” Your articles clearly take incomplete postings and statements and you piece them together to suit your goals of defaming and harming many others, including my client; this is defamation.On your blog, @FauxReelMedia a/k/a Faux_Reality a/k/a @_Faux_Says, a/k/a you, Vincenza Spina have unlawfully possessed an email of my client which you knew your online cohort “Kitty” had altered. This heavily altered emailed contains false and misleading statements which you knowingly published to further defame my client, in violation of Federal and State law as explained more fully below.Based upon the foregoing, I am demanding you immediately retract, remove from your website/blog, Twitter account and other social media the articles, any blogs or tweet’s referring to my client which you have posted over the past two (2) years. Your inflammatory accusations are intentional, willful and malicious. They are causing my client substantial emotional distress, financial damage, and a negative impact to her reputation and career.My client has chosen to never engage publicly or cast aspersions toward you, despite years of your completely unwarranted attacks, hoping that you would simply stop your attacks; however, since it is clear you refuse to stop, Ms. Johnston, as well as her legal counsel and management team have finally decided she has no choice but to take action.Should you fail to comply with this cease and desist demand, my client will avail herself of any and all legal and equitable remedies available to her.Ms. Spina and Faux Reality Entertainment, FR Entertainment LLC: THE ARTICLES AND TWEETS YOU ARE WRITING AND POSTING, AS WELL AS THE THREATS MADE TO MY CLIENT TO CAUSE FUTURE DAMAGE TO HER EMPLOYMENT AND REPUTATION CONSTITUTE CYBER HARASSMENT AND STALKING UNDER 18 U.S. CODE §2261A AND CALIFORNIA PENAL CODE §646.9Federal Law, 18 U.S. CODE §2261A and California Penal Code §646.9 specifically prohibits a person from engaging in a course of conduct specifically aimed at intimidating and harassing an individual which causes or is reasonably expected to cause emotional distress to another.It is clear that your several intentionally misleading, inaccurate and incomplete articles, written and published over a lengthy course of time (at least two (2) years between your website and twitter postings), constitute and establish a clear level of intent and your desire to stalk, harass and cause substantial emotional harm and financial damage to my client. This violates Federal and State law and constitute criminal conduct as per the Statutes language and definitions contained therein.In addition, you have gone so far so as to intentionally and willfully take possession of my client’s emails, which you knew were altered by “Kitty” and publish them to create false impressions, statements and characterizations of my client’s opinions, desires and actions to further pursue your goal of defaming and harming my client. This is clearly prohibited by Federal and State Law and is criminal.Once again, I am demanding on behalf of my client that you immediately retract, remove and take off of your website, Twitter account and other social media the articles, blogs and statements you have posted about her within twenty-four (24) hours of receiving this letter.Your failure to do so will result in my client seeking any and all civil and criminal remediesavailable to her.YOUR POSTING OF MY CLIENT’S PHOTOGRAPHS AND ALTERING AND POSTING OF EMAILS VIOLATE FEDERAL CODE 17 USC §106, §501 AND RELATED SUBPARTS AND STATE COPYRIGHT LAWSCALIFORNIA CIVIL CODE § 3344The articles and postings you write, publish, and reproduce violate Federal and State copyright laws. Specifically, Federal Law prohibits the copying and displaying of photographs and written documents without authorization. See 17 U.S. Code §106, §501 and related subparts. In addition, California Civil Code §3344 and the common law right of publicity specifically prohibit the copying and publishing of photographs and written documents without authorization from the publisher.In your articles and postings you are specifically using my client’s photographs and written documents without authorization which constitutes a violation of Federal and State copyright laws as noted above. I am demanding that you immediately cease and desist from further publication of her photographs and email letters and remove same immediately from all your articles and online postings. My client is entitled to all damages associated with your use of the photographs and emails as well as all attorney’s fees and costs as per Federal and Statelaw. In addition, your unauthorized use of these photographs and emails may subject you to damages of $150,000 per violation.Demand is hereby made that you contact me within twenty-four (24) hours of receipt of this letter and confirm that (1) you will immediately cease and desist from further use of the photographs and emails; (2) remove all photographs and emails from your articles and postings on all social media; and (3) make a substantial payment to my client for her damages.Again, your failure to comply with this demand will result in my client availing herself of any and all legal and equitable remedies available to her.Ms. Spina and Faux Reality Entertainment, FR Entertainment, LLC: THE PUBLISHING OF YOUR FALSE AND DEFAMATORY ARTICLES VIOLATE THE COMMUNICATIONS DECENCY ACT 47 U.S. CODE § 230 AND SHOULD YOU NOT COMPLY WITH THIS DEMAND ALL SOCIAL MEDIA, REGISTRARS OF YOUR WEBSITE AND SERVER HOST OF YOUR WEBSITE AND BLOGS WILL BE CONTACTED TO REMOVE SAID ARTICLES, POSTINGS AND BLOGSThe Communications Decency Act ("CDA") does not immunize a user of interactive computer services from a defamation claim arising out of her republication of statements authored by a third party, when the user knew or had reason to know of the falsity of those statements. Stephen J. Barrett, et al. v. Ilena Rosenthal 9 Cal.Rpt.3d 142, A096451 (Cal. App. Crt., 1st App. Dist., October 15, 2003) reversed 40 Cal.4th 33, S 122953 (Cal. Sup. Ct., November 20, 2006). The social media blogs, websites, server hosts and registrars will be held liable for allowing you to maintain your website, posts on blogs and social media of your defamatory, inflammatory, malicious statements and for all damages associated with same. Simultaneously with the sending of this letter, I am sending equally as informative cease and desist letters to each and every social media website, registrar and server host bywhich your website is maintained and your blogs and posts are published to remove same or suffer harsh economic damages and be the subject of injunctive relief requested in Federal Court. You and your companies will also be included in said litigation.Your actions are unequivocally done with malice and with no substantive purposes other than to subject my client to harassment, stalking and defamatory remarks in your desire to harm her reputation, financially and emotionally. You are subject to punitive damages which I assure you are in the millions of dollars and to which my client will vigorously pursue should you not comply with these demands.Ms. Spina and Faux Reality Entertainment, FR Entertainment, LLC: YOUR COMMUNICATIONS TO MY CLIENT’S EMPLOYER CONSTITUTE INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONSAND SUBJECT YOU TO ALL DAMAGES SUFFERED BY MY CLIENTOn several occasions, you have contacted my client’s employer by intentionally and willfully sending defamatory and false written communications (via email, blogs and articles) which serve no purpose other than to disrupt my client’s relationship with her employer and cause her economic harm. This violates California Law, See (Youst v. Longo (1987) 43 Cal.3d 64, 71, fn. 6 [233 Cal.Rptr. 294, 729 P.2d 728].) and Federal Law as you are doing so using interstate communications to do so. See Federal Communications Act.I am demanding on behalf of my client that you cease and desist from any further communications with my client’s employer or any and all other business associates of my client. Your failure to comply with this demand will result in my client seeking injunctive relief and legal relief for the damages suffered.CONCLUSIONMs. Spina, my client has been a well-known Actress and Writer in both Hollywood and New York City for decades. Ms. Johnston has thick skin and is well aware that people have the right to state their opinions about her, good or bad. However, your articles, posts and blogs on your own website and other social media, as well as your determination to sully Ms. Johnston’s reputation, employment, as well as cast aspersions on her sanity and defame all the incredible charity work she has devoted her life and income to are far from opinions and critiques.They are a direct campaign by you to willfully and maliciously attack my client’s character, reputation and livelihood. Your actions have placed my client in a position of having to respond to your misstatements and misrepresentations in order to preserve same.We are well aware of Ms. McCaffery’s involvement in this situation, and she will be dealt with separately.My client is providing this one opportunity for you to comply with these demands before we initiate legal action.You have twenty-four (24) hours from this moment to provide me a written notice (directed to my attention) stating that you have removed any and all articles, photographs, blogs, and tweets from your website fauxrealityentertainment.com and ALL social media/twitter accounts.Your failure to do so will subject you to costly litigation and the damages my client is entitled to.Nothing contained herein is intended as, nor should it be deemed to constitute a waiver or relinquishment of any of my clients’ rights, whether legal or equitable, all of which are hereby expressly reserved.Yours truly,LORNE E. BERKELEYFor the FirmLEB/vvm14747 N. Northsight BoulevardSuite 111, PMB 309Scottsdale, AZ 85260Patrick J. Spina, Esquire PC97 Lackawanna Avenue, Suite 201Totowa, NJ 07512December 3, 2014
Re: FauxRealityEntertainment.com and @FauxRealityE v. Kristen Johnston
Lorne E. Berkeley, Esq
I am responding on behalf of the owner of FauxRealityEntertainment.com and @FauxRealityE. The website is not nor has it ever been FR Entertainment, LLC or in any way associated with that entity. That is a falsehood published by Kristen Johnston’s friend, Jill Ishkanian. I trust that Patrick and Vicenza Spina will respond to you if and when they are served.
It appears that Kristen Johnston found the perfect attorney to feed her craziness. Your letter is replete with misstatements of the law, absurd assumptions and false facts.
@FauxRealityE tweeted with Johnston on three separate occasions during the 3 years on twitter, all having to do with 3 articles pertaining to her over a year’s time. The handful of tweets (to which she responded) were neither harassment nor cyber bullying by any stretch of the imagination. Simply because Johnston cannot handle criticism or being called out on her social media shannanigans does not mean she was harassed. That’s absurd. And for you to cite the California Penal Code is even more absurd.
First and foremost, your accusations are baseless. If Faux Reality is in any way disrupted by you or your client’s baseless accusations, it will be us who come after Johnston, you and your firm for every injunctive and monetary remedy provided by law.
Secondly, Faux Reality has never harassed or bullied Kristen Johnston. It reported on Johnston, Kitty McCaffery and Rise and Stand attacking a legitimate business (Bling is the New Black, hereinafter “Bling”) by claiming Bling was infringing on Crochet Michelle’s copyright (Crochet is a close friend and business partner of Johnston). Rise and Stand went so far as to say it was working FOR/WITH Twitter! Johnston endorsed Rise and Stand and it’s antics. That was the first interaction with Kristen Johnston – a legitimate reason for the interaction with her -- Not to harass but to report how Bling was being improperly targeted. Johnston, McCaffery and/or Crochet repeatedly published that Bling had stolen and violated Crochet’s copyright . Johnston attempted to collect money to sue Bling for the copyright infringment with the assistance of McCaffery. Faux Reality published an article on the incident and the victims that lay in the wake of Johnston and McCaffery. It is Johnston who has been “in bed” with McCaffery so to say that McCaffery is a “cohort” simply because she forwarded Johnston’s email is laughable. Johnston should be publically apologizing to Bling for what she did and continues to do to that business thru McCaffery (and now her latest thug Queenz Of Media – Skyler St Coxx - Yes, your client is using an entity owned by an internet prostitute who terrorizes women on line and has been banned by many websites).
Third, as far as emails, McCaffery sent emails that were sent to her and to over 50 others by Johnston to prove the following: (1) Johnston contributed money to commence litigation against Bling for violatingCrochet’s copyright; (2) Johnston sent out emails to solicit funds for the litigation; (3) Crochet never had a copyright; (4) At some point Johnston and McCaffery discovered that Crochet lied about holding a copyright; (5) Neither Johnston nor McCaffery ever corrected their public statements that Bling violated a non existent copyright. In what State is it a crime or a civil violation for McCaffery to forward emails that she and others received regarding Johnston’s participation in the slander against Bling? Your allegation that Faux Reality somehow altered email is ridiculous. Faux Reality has the electronic version that was sent by McCaffery, so stop with your baseless “chest thumping.” If your client claims the emails have been altered, forward the intact emails and Faux Reality will post same. Furthermore, your interpretation of the law is strained. A recipient can disclose email – McCaffery disclosed it to prove that Johnston was lying to people about how much she paid McCaffery. Faux Reality received the email and tweeted same.
Fourth, Johnston’s direct messages indicate that she paid McCaffery $8,000 but Johnston’s email indicate she paid McCaffery thousands less. Either way, money exchanged hands and it was to prompt Johnston’s “friends” to get McCaffery to pursue litigation against Bling for a non existent copyright.
Fifth, how exactly do you state that McCaffery is a“cohort” when Johnston is the one who has been funding her thousands of dollars and publically endorsing her? Johnston’s lackey is currently on twitter tweeting that McCaffery was hired “to investigate Faux and Friends.” Your allegations defy logic.
Six, Faux Reality has never emailed Johnston’s employer. Good to know she is employed with all the time she devotes to social media, twitter wars, blogs and twitlongers trying to explain her shadiness.
The three articles regarding Johnston and her shady association with Rise and Stand, McCaffery, Queenz of Media, Jill Ishkanian are accurate and will remain on the Faux Reality website.
Johnston is well known for her tactics in tweeting so that her followers attack people who she perceives have slighted or criticized her. The Faux Reality witness list will be long and all consuming. Johnston encourages some of the biggest abusers on twitter to assist her – people she herself labeled bullies to me AND OTHERS in Direct Messaging before she joined forces with them.
This is one of dozens of direct messages Johnston has sent people regarding Queenz of Media who Johnston now encourages to attack on her behalf:
(This was from 4 yrs ago, some tweet saying "Q is accusing me of being a drunk." I can't seem to be able to post it.)As far as your claim that “your client never engages,” that’s comical. Johnston was on her soap box tonight as usual. This is one of hundreds of examples of Johnston engaging without provocation. “Margaret” did not @ Johnston and Margaret’s tweet was from November 25, 2014! – So why did Johnston search thru Margaret’s timeline for a tweet THEN mention Faux? That’s not just engaging, that’s obsessive creepy bi polar social media behavior:
You identify @FauxReelMedia, @Faux_Reality and @_Faux_says as ”blogs.” They are not. They are twitter handles. They are not owned by Vincenza Spina. Faux Reality has not unlawfully obtained any email, nor altered any email. Faux Reality was forwarded email FROM ONE OF THE NUMEROUS RECIPIENTS of the email. So if these are the lies that you forwarded to Twitter to get Faux Reality related accounts suspended, we will deal with you, your firm and your client for attempting to censor and negatively impacting the website.
As far as the image made part of the November, 2014 article, the image was taken from twitter, given the appropriate tag and is being used in an article to inform, not to advertise or to profit.
Thank you for quoting the California Penal and Civil Code. Aside from the fact there are jurisdictional hurdles, none apply in this case. What does apply, however, is the fact that your client Kristen Johnston has encouraged and promoted Rise and Stand, Kitty McCaffery, Queenz of Media, Jill Ishkanian, ThorazineDrip and approximately 30 troll accounts to publish private, financial and employment information about Faux Reality, my friends and their children. Several have already contacted the police, federal authorities and lawyers – all tied to your client.
Therefore, I suggest your client publically apologize to Bling, Faux Reality Entertainment and publically condemn the posting of confidential information by Kitty McCaffery, Jill Ishkanian and Queenz of Media (Skyler St Coxx) and retract any cease and desist letters to Twitter and my providers, barring same, I suggest you name the correct parties, perfect your jurisdictional deficiencies and clean up your client because Kristen Johnston is as dirty as they come.