Thread by @meghanncuniff

It’s the final day of #Cardi B’s trial in a lawsuit accusing her of misusing a man’s tattoo on the cover of Gangsta Bitch Music, Vol. 1. The jury will hear closing arguments, then deliberations will begin. We very likely will have a verdict today. Follow this 🧵 for live updates.

The above photo is from Thursday. I didn’t get a shot of Cardi going into today, but there’s no way I’m as disappointed about not seeing her go in as young Tristan undoubtedly is, who may be going to Homecoming alone tonight.

Here’s Tristan explaining himself to Cardi’s lawyer Lisa Moore as Lisa waited for Cardi to arrive. Lisa reasoned with the herd of teenagers: Cardi’s security is not going to like seeing this huge crowd so you need to step back or he’s going to take her in through a secret route.

The kids seemed to understand. I heard Tristan explaining to his friends that if they misbehave, his plan won’t work. But Cardi’s security apparently was not having it no matter what. Catching even Lisa off guard, Cardi went through the other entrance.

And absolute mayhem ensued. The herd of teenagers, along with a professional TV cameraman who absolutely should know better, ran into the courthouse lobby with the kids screaming for Cardi. Everyone had their phones out and it was just crazy. No cameras in federal court, people!

It was totally nuts. None of the kids had the guts to actually try to go through the metal detector after her, but there were 20-30 students from the school across the street piled in the courthouse lobby screaming and taking pictures of Cardi as she went through security.

I'm not sure where Tristan ended up (hopefully he's in class right now), but I heard him explaining to his friends that even if Cardi turned him down, his grandchildren will know that their grandfather was once rejected by @iamcardib. (Day is still young so maybe he'll be back.)

Everyone is in court right now and Judge Carney just finished reading the final jury instructions. The final version was filed last night. bit.ly/3yW9Avd

Larry Conlan is giving the closing for Mike Brophy. He starts by saying that every citizen has a right to privacy. We all have a right to pursue safety, happiness and privacy. "The basic idea behind the right to be left alone."

Mike Brophy's privacy is being invaded, Conlan tells the jury. "His likeness is being misappropriated without his consent, over his objection and in a way that is grossly offensive to him and that goes against everything he stands for."

"They continued to sell the mixtape to enrich themselves. They refused to stop and they're continuing to sell it today," Conlan said. He thanks the staff "including Mr. Rolls Royce," referring to the court clerk. (Yes, that is his real first name.)

Conlan tells jury Brophy is a private citizen who's never tried to exploit himself for financial gain. He's a husband with a lovely wife who's been here all trial. "He's a man who works hard at his profession. He's a mentor to young athletes."

"He's trying to be a role model for the people he works with, these young kids, surfers, skaters, artists," Conlan said. "He's trying to live his life, trying to be proud of who he is."

Brophy is "trying to protect the identity that he holds dear to his heart."
"He wants to be able to hold himself out in the community the way he chooses, not the way the defendants choose to hold himself out. He's a person who wants these defendants just to leave him alone."

Conlan says that if a celebrity or anyone else tires to take the likeness of a private citizen "and they want to use that and sell a product with it" then the defendants need to account to that private citizen and turn over the profits."

Conlan said Brophy "wants to be able to live the life that he has chosen and hold himself out in the light that he wants to be in and not be embarrassed or ashamed or subject to ridicule in the community.

"And unless defendants stop the use or are ordered to stop the use ... then he's going to feel that shame, and he's going to feel that embarrassment," Conlan said.

Every time Brophy hears a joke about it or sees the mixtape cover on t-shirt, the shame will be there, Conlan said.
"That mixtape cover has become notorious and it's all over the Internet" and it's on merchandize "and it's not fair," Conlan said.

"He hasn't asked of it. He doesn't want it and he wants it to stop," Conlan said.

"Everyone person holds something close to him, and for Mike Brophy, besides his family, one of the things he hold close to him is his" identity, which he carries through art on his body.

"It's a masterpiece that he carries on his skin," Conlan said. "And he will carry it until the day he dies. It's his alone to show it the way he wants to show it."

Conlan called Brophy “a regular person.”
“He’s not a criminal. He’s not a bad guy. He’s just like everybody here. He’s a private citizen. He’s got a wife. He’s got kids. He’s got a job. He’s a professional and he loves art.”

Brophy’s back tattoo “is legendary.”
“It’s iconic. Nobody else has it,” Conlan said. When he walks shirtless in a crowd, "they know that's Brophy because he's got the tiger and snake tattoo that Tim Hendricks did that nobody has."
"It's part of his identity. It's his likeness."

Conlan points out graphic artist Timm Gooden, who designed Gangsta Bitch Music, Vol. 1 cover and is sitting in gallery. (Here he is yesterday). He also displays an email between Cardi’s first lawyer and Gooden in ‘18 in which the lawyer asks where Gooden got tattoo pic.

Conlan said Gooden is a “great guy” and a “real nice guy,” and Gangsta Bitch Music, Vol. 1 “was a quick mixtape cover that he did.” He knew the photo of the tattoo he used “came from a person.”

But Cardi’s manager Shaft never asked Gooden where he got the photo. "And Cardi didn’t even ask, even though they knew that if you’re going to use somebody's likeness and you take advantage of somebody’s identity, to sell a product you have to get their consent."

Conlan said the use of Brophy's tattoo may have just been a mistake in the beginning. It was just an oversight. But after Cardi's people were put on notice, they knew something was wrong and they did nothing to fix it, Conlan said.

"We tell them, 'You know, it's painful for him to see this. It's humiliating him and embarrassing him and it's time to stop.' We gave them a chance to stop and you know what they did? You heard it. They blew it off," Conlan said.

Conlan referenced Cardi's now-infamous (at least for the couple dozen people who've been in Judge Carney's courtroom the last three days) comment from depo that "Mail is for old people."
"Ok, that's fine," Conlan said. But she's a business professional who gets important mail.

“Shaft was her manager, and he knew within a week that this letter had been sent (Brophy’s cease and desist letter) and it was his responsibility to tell her what’s going on,” Conlan said.

Then Conlan addressed the fact that Cardi was cracking up the entire courtroom and being totally endearing.
“There were some funny moments with Ms. Almanzar was on the stand,” Conlan said. “But being funny is not a defense to breaking the law. Being funny is just being funny.”

Conlan talked about Cardi being selfish and only caring about her own feelings. He said something about how “she’s got handlers who carry her bag and people who bring her into the courtroom. So only her feelings count.”
Cardi didn't like that.

Her back is to me and she’s always just seated quietly facing forward, but after Conlan said that Cardi turned around and looked at her security guy like WTF? I don't know what was going through her head but she just seemed confused.

Her lawyer Lisa is seated next to her and whispered something to her, and Cardi settled back into her seat. They seem to have a nice relationship and Cardi obviously really trusts her.

Conlan referenced Cardi’s complaint about the lack of receipts in this trial. She said on the stand, “Where are the receipts?”
“Not quite sure what she’s talking about,” Conlan said. Doctors' bills? This leads into Conlan discussing how Brophy has suffered.

Conlan went over testimony from Brophy and his wife, Lindsay, about the stress this has caused them. Brophy should not have to be ridiculed with questions like, “Hey bro, how’s Cardi B taste?” Conlan said. “Nobody wants that in their life. He certainly doesn't.”

ICYMI, here is my @LawCrimeNews article from Tuesday on the beginning of Mike Brophy's testimony, as well as opening statements. bit.ly/3VAAhiG

Here's the article on Cardi's testimony. bit.ly/3Ff3ZUT

And here's my @LawCrimeNews article about Cardi's ex-manager Shaft's testimony yesterday.

“Cardi look good. She got her nails poppin’. It’s a go.” bit.ly/3MYYVWs

Conlan tells the jury: "Mike Brophy doesn't need receipts. He just needs you to understand the emotional distress that he has had to endure” in the face of defendants “denying that he has feelings” and saying he doesn't have a right to privacy.

While discussing damages, Conlan also tells the jury that even if they order the mixtape cover removed, the photo will live on the Internet. "Sometimes what we put out on the Internet is very difficult to take off."

Conlan also went over the royalties for Gangsta Bitch Music, Vol. 1. From January 2016 through May 2022, it brought in $1.6 million.
Conlan also reminds jurors that when Empire Records released Gangsta Bitch Music, Vol. 1 on vinyl, Brophy's tattoo was nowhere to be found.

For the record, yes, this closing argument is still going on.

"Mike Brophy didn't make the music on the mixtape. Nut he also didn't ask to be on the starring role on the cover of the mixtape," Conlan said. But because he is and it's generating revenues, defendants should be held accountable and their profits may be disgorged.

Conlan plays a clip from Cardi's video deposition in 2019. Wish I had a clip of it to share because Cardi looks fab, wearing a white dress with long white or yellowish fingernails that are quite visible as she gestures.
"I didn't give a fuck about this tattoo," Cardi said.

Cardi also changed outfits at some point in the deposition. Both videos are dated April 19, 2019, but in some clips she's wearing the white dress and in other clips she's wearing a pink zip up coat.

Cardi says in the depo that when it comes to the tattoo, "You need to go to the photographer or whoever edits this shit. Because that’s who did it, clearly. So what’s that got to do with me?"

In another depo clip, Cardi says, "Do you have any proof that he's distressed? This man works in a damn fucking surf shop? You're not a model."

"How is this affecting your life? I want to know how your clients life is being affected how? It's ridiculous. It's wasting my time. It's wasting my money," Cardi says.

Judge Carney interrupts: "Mr. Conlan, I think the jury and the court reporter need a break."
10 minutes.

That was probably more like 15 minutes. Conlan is back talking about how Cardi could have changed the album if she wasn’t. If she’d asked Shaft to change it, “it would have changed in the moment.”
“We know that it’s not true that they didn’t have the ability to change it.”

“People in the music industry don’t get a free pass for violating the law,” Conlan said. “They don’t get a free pass because they’re a celebrity, or somebody who wants to be a celebrity, who’s in the room, who’s in the lawsuit.”

“Everybody in this society is held to the same standard. And if you violate the law you have to be accountable for it,” Conlan said.

Conlan gave jurors a damages range of $100,000 to $500,000 for three areas: future and past emotional damages and damages for “harm to his reputation and loss of standing in the community.”

This ins't the final verdict form that jurors are seeing on the TV screen, but I think it's pretty close. bit.ly/3F3YEzs

OK, Conlan is done. Judge Carney warned Cardi's lawyer Peter Anderson of @DWTLaw that the jurors have hot lunches arriving at 11:45 a.m. so we'll have to break then. That is newsworthy not just because of the break but because it means the court apparently broke up w/ @Subway.

Anderson tells jurors: “Mr. Conlan has been talking since 9:15 this morning. I’m not going to do that.”
He then reminds the jury of the instruction Judge Carney read aloud this morning: “arguments and statements by lawyers are not evidence.”

Much of what jurors heard the last two hours was “contrary to testimony that you heard, was contrary to the documents that you saw,” Anderson said.

Anderson displayed closeups of Brophy’s tattoo and Cardi’s mixtape cover. "You really can’t make out anything in the artwork" and if jurors can see the woman "your eyesight is better than mine," Anderson said.

There’s a head of a tiger, but “you can also see this man has hair, thick, black hair that Cardi is running her fingers through. That can’t be Mike Brophy,” Anderson said.

Anderson also reminded jurors of a wild trial moment: “Mr. Brophy even took his shirt off in court” to display the tattoo. But jurors never once heard from any friend or family of Brophy who thought he was on the album cover.

Anderson asked how Brophy's lawyers could have this case for five years and never produce a single witness who was confused about the true identity of the person on the album cover.
"There isn’t a single witness," Anderson said.

"Ms. Brophy knew it wasn't him. Tim Hendricks knew it wasn't him." Anderson referenced a text Hendricks sent Brophy in which he told him this can't be you "unless you grew hair," Anderson said.

"You really have to ask yourself why is that that after five years of litigation...why didn't they call any
anyone" who was confused.
"No one came in and testified tot that. Not one of their friends... who supposedly were confused by that artwork and thought it was Mr. Brophy."

No one has testified that Brophy "is readily identifiable by those few remaining elements."
"If no one recognizes hm form the artwork, then his illness cannot have been appropriated," Anderson said.

"That’s one of the reasons they don’t have witnesses, because they’re wrong," Anderson said.

"This isn’t about asking anyone to stop. This is about trying to get as much money as you can because a graphic artist used a little bit of a tiger that is now barely recognizable. They’re trying to use that to get money," Anderson said.

We are now on the lunch break. Cardi slipped out a side door that’s never ever used by the public and was able to avoid the cameras. I think we’re back at 12:45 or 1.

The jury has filed into the courtroom and Anderson is resuming his argument. He tells jurors that Conlan insists the case is about wanting to get ride of the mixtape cover, but Conlan's damages request was all about money. Up to $500k for different types of distress.

Also the disgorgment of the profits for Gangsta Bitch Music, Vol. 1. (The royalties are about $1.6 million over six years.) Anderson had said earlier that the reason Brophy's lawyers enver moved for injunction is because they wanted the profits to grow to boost potential damages.

Anderson also explained to the jury that just because someone sends you a cease and desist letter, that doesn't mean you absolutely have to do what the cease and desist letter says. If you don't believe the request is valid, you can do what Cardi's people did and ignore it.

"Otherwise, people could just stop any song by sending a demand letter," Anderson said.
As I said the other day, Anderson is very experienced in entertainment law. His firm @DWTLaw is a First Amendment law powerhouse. It's home to @latimes' go-to outside counsel, Kelli Sager.

Anderson: “I would not say this causally” but if you look at the original lawsuit and compare it to the evidence and testimony from rial “this is a money grab.”

He referenced Conlan’s statement in his closing this morning that Cardi and her team “decided they would ruin a private family’s life for five years.”
“That’s a pretty extreme and provocative statement,” Anderson told the jury.

But does anyone actually believe it's true? Does anyone really think Cardi conspired with her team saying, “OK we’re going to destroy someone’s life” ? Anderson asked.

Anderson goes over some of Mike Brophy’s testimony about his life. He loves the ocean and surfs every day. He has a beautiful wife and kids. He has a great job w/ an ocean lifestyle company that allows him to travel the world .
“That’s actually a pretty nice life,” Anderson said.

The statement about ruining someone’s life for five years?

“Calling it hyperbole does not do that justice,” Anderson told the jury.

Anderson said Brophy is trying to attribute Cardi’s success to the fact that part of his tattoo is on her mixtape cover. “That is an insulting allegation,” Anderson said. Evidence shows Cardi’s career “was already skyrocketing.”
He referenced Shaft’s emotional testimony.

As my @LawCrimeNews article explains, Shaft was overcome with emotion as he described Cardi's meteoric rise to fame and how most female rappers take 10 years but Cardi became super famous in three years. bit.ly/3MYYVWs

“That’s remarkable,” Anderson said about Cardi’s three-year timeline. “It’s a remarkable accomplishment, and they’re trying to take that away from her” and say her career took off because part of Brophy’s tattoo is on the mixtape cover.

Anderson also referenced Brophy saying he has trouble sleeping, and his wife recalling irritability. Evidence of trauma? Anderson said he’s been married a long time, and “sometimes I have trouble sleeping and sometimes I get angry even though it’s the best marriage in the world.”

Regarding Brophy's claim of false light? "This claim requires that he be put in a fase light," Anderson said. Not his tattoo, not a portion of his tattoo. Him.

Anderson said he hopes the jury remembers Brophy's lawyer Barry Cappello enthusiastically exclaiming in his opening that no one claims the artwork actually depicts a sexual act.
"Because that is what Mr. Brophy claims was done, that he's been depicted in a sexual act."

"None of this makes sense. It just simply doens't make sense," Anderson said.
"You don't get your news by looking at an album cover. They're not facts; they're fiction."
"They're all imaginative things."

Anderson brought up "David Bowie being half dog and half person" when he actually wasn't.
"He's since passed away, but not because he was half dog," Anderson said.

"The Beatles don't always walk in a straight line as they're pictured on Abbey Road," Anderson said.
With album covers, "you take them with a grain of salt."

Anderson also referenced Brophy describing the situation as "troublesome" in his testimony.
"He said it’s been troublesome. Is that what we file federal lawsuits over now? Something that’s been troublesome?" Anderson asked.

Anderson ended by telling jurors “there’s a peak irony here” because Cardi chose the cover photo “to make a statement about the power of women” and her power in a culture where the standard is women being subservient to men.

“Yet now she’s been in five years of litigation with a man who had nothing to do with her career but has alleged and testified he launched her career,” Anderson said. “He didn’t launch her career.” #Cardi

Anderson thanked the jury and said when they consider they evidence, he hopes they consider what’s missing. “In this case, it’s a lot.”
“That makes the claims problematic at best, and actually makes them baseless,” Anderson said.

Conlan is now at the lectern giving his rebuttal. (This is one of the few trials I’ve watched where I haven’t heard the judge say anything about time limits, not even inquire how long attorneys think they’re going to go for.)

Conlan began by telling the jury that this is not a copyright case. “Mr. Anderson is a copyright lawyer. He’s a very good copyright lawyer. But this is not a copyright case.” He asks jury to consider why Anderson spoke so much about copyright law when this is not about copyrights

Conlan said the case isn't about anyone's feelings other than Mike Brophy's and what it means for him to feel like he's pictured on an album having “forced oral sex with Cardi B who he doesn’t know, who he doesn’t want to know.”

"It’s not a money grab, ladies and gentleman. This is a lawsuit," Conlan tells the jury. "This is an invasion of privacy."
"To call it a money grab sounds like it was something spun by the defendant's PR team. This is a lawsuit about a serious issue." Privacy rights.

Conlan ended by saying it's Friday and it's the afternoon and we're probably all happy about that, "but don't feel like you've got to get this done. You've got time."
Some true gasps of disbelief from the gallery when he said that.

It's always hard for me to describe the jury but one of the older men definitely seemed to think that was amusing.
Jury is now back in the deliberation room. Richard the courtroom security officer was sworn in as the bailiff and will be standing guard.

Cardi's and Brophy's teams were told to make sure they can be back in court within five minutes if the jury has a question or reaches a verdict. They are in the conference rooms and other trial watchers are hanging out in the hallway outside the courtroom.

Here's this thread all in one place. No updates yet and you all have called it in the replies - waiting for the verdict is the lamest part of covering a trial. You just really have no idea what to expect, even if you think you do. threadreaderapp.com/thread/1583483…

🚨 The jury has reached a verdict. We are all filing into the courtroom now. Cardi is at the front defense table with her lawyers Lisa Moore and Peter Anderson.

Court clerk Rolls Royce: "All rise!"
The jury files in.
"Please be seated," Judge Carney says as he takes the bench.
The jury forewoman confirms they've reached a verdict. It's being passed to Judge Carney, who will look it over then read it aloud.

Actually, Rolls Royce is reading the verdict in the Cardi B trial. Here we go.

"We the jury in the above entitled case find the following verdict on the questions submitted to us."
A) liability for claims.
1: Did Mr. Brophy prove by preponderance of evidence his claim that Cardi B, Washpoppin Inc, KSR Group LLC.
Jury answered "No" to each.

It's a full defense verdict for Cardi B.
Jury also answered "no" to whether she and the companies used Brophy's likeness in violation, and they answered "no" to whether they portrayed Brophy in a false light.

"Ladies and gentlemen of the jury, is this your verdict as presented and read?"
Jurors answers yes aloud. Judge Carney asks if attorneys want to poll the jury and Brophy's lawyers say it's not necessary.

Cardi is beaming as she hugs her attorneys. She hugged Timm Gooden the graphic artist who designed the cover. Her security guard told Shaft “that’s what I’m talking about.”
He tells a reporter: “we can talk to you now.”

Cardi’s security: “Just so you know we’re going to do a large press conference right outside. We’re going to address all of you.”

The jury forewoman, wearing a green dress, hugged Cardi and they agreed they’ll never forget each other. Cardi: “I’m going to remember you forever.”
Cardi’s lawyer Lisa Moore tells the forewoman; “You get the award for most expressive juror.”

Mike Brophy spoke with Cardi in the courtroom and shook her hand. “At the end of the day, I do respect you as an artist.” He said they have mutual friends. “I just want you to know I do respect you guys.”
Cardi said, “Maybe you get to know me?”

Brophy told Cardi he felt he needed to stand up for himself. If he didn’t, he’d always think about it. “This is so far out of my wheelhouse. I just didn’t know which way to turn,” Brophy told her.
Cardi left courtroom because she said she really had to pee. She’s still beaming.

The scene outside the courthouse includes young Tristan, who has not given up on his Homecoming dreams.

As someone who’s at this courthouse all the time it’s just crazy to see these crowds.

Absolutely nuts.

The “large press conference” turned out to be a huge herd of teenagers crowding out the journalists and the pushiest, most aggressive cameramen being rewarded for their shamelessness. Cardi talked a lot and was obviously elated.

Cardi. That’s Shaft behind her. Another reporter asked him for comment up in the courtroom and he said “God is good” and encouraged us all to spread love in this world.

Here’s my first attempt at a verdict story. It will be updated. I need to get home and go through my footage and notes etc but there’s still a lot to share. More tonight and tomorrow. @LawCrimeNews bit.ly/3TmN4Uh

If cats could talk what would this courthouse cat say about today?

Here’s my best clip of Cardi B after today’s verdict. @iamcardib
“Really great lawyers on my team to the plaintiff’s team. Everybody was just amazing. It was a very interesting case, and I feel like everybody learned a lot.” #Cardi

Thread broke, continues here:

https://twitter.com/meghanncuniff/status/1583564690285740032

Regarding how long today stretched on, I didn’t hear the jury forewoman say anything about the length of Conlan’s closing, but I did hear her tell Anderson his closing was too long, and his was like half the length of Conlan’s. (All attorneys reading *please * take note.)

Most judges impose time limits on closings, but we sure didn’t see that today. 2 1/2 days of testimony, barely, then closings that go all morning and then another 75 minutes after that?
The consequences extended beyond bored jurors.

^^^This huge herd of teenagers that crowded out reporters would have been in class if those closings had been reined in a bit, because the verdict surely would have come in sooner. Instead...

…We had an actual walking mob that could have easily been prevented if those closings hadn’t gone on almost all day.
Here’s another video from after the verdict. (You can hear another reporter mutter to me, “This is so stupid” as she walks by.)

Cardi tweets.

https://twitter.com/iamcardib/status/1583603850950234113