Thread by @meghanncuniff

Cardi B (@iamcardib) arrives at the federal courthouse in Santa Ana, California, for the first day of trial in a lawsuit over the cover of her first album, Gangsta Bitch Music, Vol. 1. Opening statements are expected today. Follow this thread for updates from the courtroom.🧵

Cardi arrives. She is being sued for likeness misappropriation by Kevin Michael Brophy, who has the back tattoo that is featured on the cover of Gangsta Bitch Music, Vol. 1.

Cardi enters the courthouse. She seems friendly and also a tad nervous. Jury selection about to get underway, with Judge Cormac Carney eager to get down to the jury room and give them his speech like he’s back catching footballs as a wide receiver for UCLA in the 1983 Rose Bowl.

First thing’s first: Brophy’s lawyer Barry Cappello took issue with Judge Cormac Carney saying everyone can call @iamcardib Cardi B during trial. “This is a formal courtroom. We would ask that she be addressed her true name,” Cappello said. Which is Belcalis Almanzar.

Cappello referenced Marilyn Monroe. If she had been involved in a lawsuit, it would be under her true name, Norma Jeane Mortenson. Belcalis "Cardi B" Almanzar should be no different.

"We believe that’s very important," Cappello said.

Cardi’s lawyers objected, saying she wants to go by Cardi B or Cardi, because "that’s how she’s known." "It would strike as artificial to use a name she’s not using professionally."

"I'll refer to her as Cardi," Judge Carney concluded.
"I do want to note for the record that is not her legal name," Cappello added.

Judge Carney just told the 59 prospective jurors in the courtroom that this jury won’t be sequestered and doesn’t even mention the fact that sequestering juries really never ever actually happens around here and sequestering this jury would be truly insane.

Judge Carney is questioning each potential juror about their views on tattoos and photographs that depict sexual activity. “I don’t want to be talking about evidence, but it’s not a pornographic picture.” It does however suggest sexual activity.

The judge warned the group in the beginning: “It’s not pornographic, but it does suggest sexual activity.”
“I’ll need to know if you have such strong feelings, primarily negative, that could impact your ability to be fair and impartial to both sides,” Carney said.

Regarding sexually charged images: "There are some people who actually enjoy that, and they think it’s part of the First Amendment," Judge Carney said. "There's other people that have very strong feelings" the other way.

But the judge emphasized the image here is really kinda tame.

"This isn’t even adult pornography," Carney said.

From the complaint: "The cover of Gangsta Bitch is designed to attract consumers to the Cardi B edgy persona..."

Here is Kevin Brophy’s back tattoo, which is at the heart of his likeness misappropriation claim.

Here's Brophy's full complaint, filed in 2017. Some may remember my article from the other month about Cardi's lawyer having to bow out at the last minute. Her new legal team is from @DWTLaw so I think she might actually be in better shape now. storage.courtlistener.com/recap/gov.usco…

Attorneys and Carney discuss a woman they’re pretty sure won’t be able to hang.
Judge: "Given her, she says ‘religious negative views’ about tattoos as well as she doesn’t like any images of sexual activity, if both parties say she should be excused, I would immediately agree."

Carney is done asking questions so now it's Brophy's lawyer Barry Cappello's turn. (For your California lawyer mapping needs, Cappello's partner is Larry Conlan, who defended Michael Avenatti's ex-clients in civil trial over co-counsel's $5.4M fee.) cappellonoel.com/attorneys/a-ba…

Cardi's lead lawyer is Peter Anderson of @DWTLaw. (For your California lawyer mapping needs, Anderson also represents Taylor Swift @taylorswift13 in the lawsuit over her song Shake it Off. Judge Fitzgerald has a summary judgment motion under submission.) dwt.com/people/a/ander…

After warning the question would be difficult, Anderson asks the group: "Does anyone have strong feelings about or against ethnic minorities?"
I didn't see anyone raise their hand, but this is Orange County so perhaps some are just being shy.

Judge Carney excuses from jury service a man and two women who made it clear in their initial answers that a trial involving sex, tattoos and rap music might be a little much for them.

"I've decided this probably isn't the best case for you," the judge says.

Up now is a man who works as a financial advisor and lives in Newport Beach. He doesn't have tattoos, doesn't have strong feelings about people who do. He "occasionally" listens to hip hop and rap music. He's heard of Cardi B. Does he listen to her music? "Not that I'm aware of."

A lot of people in the courtroom laughed when Brophy's lawyer Barry Cappello asked the Newport Beach financial advisor - his wife is a "homemaker" - what music his kids listen to and he answered that he doesn't know. (He has a 14-year-old son.) But isn't that actually kinda sad?

Our first petty dust up between the attorneys did not disappoint. After Cappello questioned a woman, Anderson began his questioning with “I’ll try to ask you questions where I’m not telling your the answer.” Ooooh shots fired! Cappello was not having it. Stood up and complained.

The prospective jurors left, and the dustup came up against when Anderson told Carney a woman didn’t need to be excused because Cappello had basically put words in her mouth about not being able to be fair because of her dislike of tattoos.

We’re on a break until 1:30. Here’s Cardi leaving the courthouse with her security guard.

Cardi had a fan waiting for her outside the courthouse who assured her security guard she’s here out of love and yelled to Cardi that she is a big fan.

Four men and four women were just sworn in as jurors. All the extras are leaving. A couple of the men are older, one bald and wearing a sport coat and the other with glasses and a white goatee. I don't think any juror is younger than 40.

Barry Cappello begins his opening statement: "They wouldn’t stop it. It’s been five years and it’s continued for five years and they won’t stop it, and that’s what this case is about." His client is Kevin Michael Brophy but goes by Mike.

After describing Brophy's status as a caring family man, Cappello mentions "Belcalis Almanzar."

"That is her name. Her stage name, her entertainment name is Cardi B," Cappello tells the jury.

Cappello said Cardi has a "great life story herself." Born and raised in the Bronx with a desire to be famous. "She started out just as a stripper in a strip club," Cappello said.

"She became a minor entertainer but she kept working and bettering her life like we all do or we all try to do. but she had the drive," Cappello said. "She became a world-famous icon, a hip hop rapper artist and now a pure celebrity."

Meanwhile, Brophy has a back tattoo Cappello called "a work of art."

"It is a one of a kind. No one in the world has this tattoo. And no one’s back has this tattoo on it. Back, front leg, anywhere else," Cappello said. Jurors will hear from tattoo artist who spent 50-60 hours.

Cappello goes over Cardi’s rise to fame through her first mix tape, which he erroneously told the jury is titled “Gangsta Bitch #1.” He displays the real album cover on the screen. The image really is of Mike Brophy's back, not just his tattoo, Cappello says.

Cappello also said this, which was really something to hear in a U.S. District Court courtroom. "The dictionary definition of the word cunnilingus is oral sex given by a man or woman to a female’s vagina. And the depiction you will see is a depiction of cunnilingus."

After that, Cappello decided to throw this in for the jury: "The opposite, by the way, is called fellatio, where a woman or a man gives oral sex to a male penis."

By the way.

Cappello says Brophy has been trying to get Cardi and her crew to take his picture off the album for five years. She won't do it, and he fears as his kids get older they'll come across the album cover and think it's their dad because the tattoo is so noticeable and unique.

Cappello references Cardi's deposition (sounds like she was a bit dismissive of Brophy's claims during it) and ends by emphasizing Brophy is a private citizen "with a wife and kids." It doesn't matter who you are and how much fame you have, you don't do this to people.

Cardi's lawyer Peter Anderson is up now. He says @iamcardib "is a loving mother with two children."
"She is a devoted wife, daughter and sister in a very, very tight-knit family." She's also a "person of strong faith."

Anderson also emphasized up front that Cardi was famous before she released the mix tape. She had a robust Internet following and a couple million followers. (Refuting Cappello's inference that Cardi's fame stems from the success of Gangsta Bitch Music, Vol 1.)

Anderson tells jurors they'll hear from the artist who designed the album cover. She didn't know Mr. Brophy and "she knew nothing about the tattoos" the artist included in the cover for the mixtape. "He took a little portion that includes the tiger"

Also "she does not have control over the mixtape or the artwork," Anderson said. "She does not own it. She does not distribute it." She and her company are being sued "for something they did not do." Anderson also goes over the differences between Brophy and the guy on the album.

Tiger image was "taken randomly from the Internet." Brophy has other tattoos.
"That's a Black man with hair, and this is a white man with a shaven head," Anderson said. "That's a Black man who has no neck tattoos, no head tattoos, but Mr. Brophy has head and neck tattoos."

Anderson also says Brophy and his wife have not identified anyone who believes Brophy is the guy on Cardi's mixtape cover. But once the lawsuit was filed in 2017, @TMZ picked it up, and Brophy started getting comments. "That's a self-inflicted wound," Anderson said.

Anderson: "Mr. Brophy is not responsible for Cardi B's career."

"She was very popular before the mixtape came out. The music may have helped but there’s no evidence that because of the little bit of a tiger on a mixtape cover, that that’s what propelled her to a celebrity.

Anderson said the case is about people getting sued when they shouldn't be, but also "the right of artists" like the artist who designed Cardi's mixtape cover "to take snippets off the internet to make something new."

10-minute break then Brophy will be the first witness.

Re: Judge Cormac Carney. Sometimes it can be difficult to find a photo of a federal judge that can be used with an article. Fortunately, Judge Carney included this photo of himself in a recent order he wrote sticking it to the 9th over a ruling he didn't like. Public record!

^^^That's the witness stand in which Brophy is now seated, and where @iamcardib will be seated later. Judge Carney also included with his order (in an unrelated case, read it here: documentcloud.org/documents/2316…) this courtroom pic. Right now, Cardi is seated in the left front corner.

Cardi B leaves the federal courthouse in Santa Ana with her legal team just now. A small group of fans greeted her, as did some adoring construction workers.

The scene as Cardi gets into her SUV. “We love you, Cardi!”

I cover much of Mike Brophy’s testimony in my @LawCrimeNews article on today’s action. Check it out here: bit.ly/3VAAhiG