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i just think its kickass that you have bigtime webpages quoting you. ha

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As much as I wish Marc Wallice dead,this is more horseshit from the monkey.Could this be the last day of the monkey?We will see.

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OK....this is probably a stupid question....but if it can be proven he knew he had HIV and performed anyway...why wasn't he charged with attempted murder or something?

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OK....this is probably a stupid question....but if it can be proven he knew he had HIV and performed anyway...why wasn't he charged with attempted murder or something?

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A victim might file a civil case claiming that Marc showed “reckless indifference” or even “depraved indifference” by performing with faked tests, even if he didn’t know he was HIV+. As a guess I’d say such a case would cost $50k-$100k and that Marc couldn’t pay the bill even if the victim won.

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One of the women that Marc Wallice infected with HIV back in 1998 was Brooke Ashley. She subsequently initiated a lawsuit. Here's a cut and paste of an article that appeared in the May 1999 issue of AVN:
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http://www.adultvideonews.com/archives/199905/bone/by0599.html

Brooke Ashley Files Suit



LOS ANGELES - On Feb. 11, the XXX universe changed. It might take a few months for the ripples to be noticed, but porn will never be the same again.

The reason is that on Feb. 11, actress Brooke Ashley’s attorney filed a lawsuit on her behalf in the Superior Court of the state of California, charging all of the principals connected with the making of The World’s Biggest Anal Gangbang [TWBAG] with multiple torts ranging from sexual battery to various forms of negligence to breach of contract.

Specifically, the suit names Hard Core Television (HCTV) and its principals Dan Beck and Robert Dupree; distribution company K-Beech and its principal Kevin Beech [sic]; production company Midnight/Erotic Angel; production company/studio owner Gourmet Video and its principal Joe Stallone [sic]; TWBAG director Cash Markman; and various John or Jane Does which may be named later if facts develop to support a charge.

The suit also names Marc Goldberg, a.k.a. former porn star Marc Wallice, one of the performers in TWBAG, and the only male working in the industry at that time to have been found to have tested HIV positive (HIV+).

All of the parties named in the suit that have been willing to talk to AVN have denied responsibility for Ashley’s condition.

"I didn’t even get a lawyer," said K-Beech owner Kevin Beechum. "It’s a dead case. She never worked for me. The company that made the movie, produced the movie, was called HCTV; Dan Beck. I bought the movie from them."

"This Dan Beck guy who was working for Hard Core TV," recalled Gourmet’s Rob Spallone, "they shot a movie at my place, that this Dan Beck guy, Hard Core, paid everybody. They just rented the Gourmet studio to shoot, like everybody else rents a house or a location."

"All I can say is, I was technical director on that shoot," Cash Markman told AVN. "I had nothing to do with putting it together. I had nothing to do with hiring Brooke. I had nothing to do with hiring Marc Wallice. I had nothing to do with inspecting the paperwork. Dan Beck of Hard Core TV was the inspiration behind that project."

Markman also noted that "right around the time we did the anal show," Beck’s partner in Hard Core TV, Robert Dupree, "had it out" with Beck on a number of issues stemming, according to Markman, from Beck’s management of, and practices regarding, HCTV.

When contacted by AVN, however, Beck would only give the following statement for the record: "Since I’ve been sued and since I have not yet retained an attorney, nor have I been served with the suit papers, I’ve been advised that the best thing I can say is, ‘No comment.’" Wallice also denied any culpability in Ashley’s HIV infection.

"I must have gotten it from whichever is the first [infected] one," Wallice declared. "Maybe it wasn’t Trish [Tricia Devereaux, the first reported adult industry HIV case of 1998]. Maybe Trish got it somewhere else. Maybe I got it from Brooke and then gave it to Caroline [HIV case #3]."

For those who’ve been living under a rock for the last year, Brooke Ashley was the second adult video performer to have been found to have contracted the HIV virus in 1998, and evidence gathered at the time suggests it may have happened on the TWBAG set. In all, four female performers became infected with the Human Immunosuppressive Virus in 1998, and all of them had worked with Wallice shortly before their HIV tests came back positive.

The complaint (Case No. LC047878) charges that, "Defendant MARK [sic] GOLDBERG... was exposed, contaminated and infected with the highly contagious and life threatening AIDS VIRUS... knew that he contracted the AIDS VIRUS and was fully aware of the fact that any sexually explicit contact with plaintiff, including but not limited to, sexual intercourse would expose, contaminate and/or likewise infect each and every other participants or participant with the AIDS VIRUS."

Wallice denies ever knowing that he was HIV+ until his April ‘98 PCR-DNA test came back with that indication.

But the charges against Wallice aren’t the epicenter of the earthquake that will rock the porn industry.

"Defendants and each of them," the complaint reads, "further warranted that they had complied with all California laws, statutes, health and safety regulations, and industry standards and customs by insuring that all of the intended film participants, actors and actresses had provided to defendants and each of them, authentic medical documentation proving that all intended participants, actors and actresses, each, had been tested for exposure, contamination or infection by the AIDS VIRUS... within the last thirty (30) days prior to the commencement of the filming of the sexually explicit motion picture, film and/or movie." (Emphasis added.)

What that means is that Ashley is claiming that all of the defendants guaranteed to her that they had followed all the laws, regulations, standards and customs by checking the HIV tests of everyone involved in the shoot.

At least one question in this lawsuit, then, is likely to be, "What are the adult industry’s standards and customs when it comes to sexually-transmitted diseases?" While no requirement exists that anyone obtain any sort of test whatsoever to be able to work in sex scenes in the industry, few performers (even at the beginning of 1998) would have considered working with anyone who couldn’t present at least a recent clean ELISA test. Would that common practice have been considered an "industry standard and custom"? If not, what would be considered an "industry standard and custom" in regard to possible HIV infection?

And beyond whether the use of HIV tests would, in fact, have been an industry standard and custom, could a court decide that the use of tests should have been required, that companies had a common-law duty to require the tests, and could the failure to require and inspect the performers’ tests by anyone in authority over a production be considered negligent behavior?

And what about condom use? In this age of rampant HIV infection, for which there currently is no cure, could a court conclude that an XXX performer having sex on camera without a condom is equivalent to a steelworker riveting girders on a construction job without a hard hat?

But Ashley’s attorney Steven D. Howard still has his work cut out for him. Beyond the difficulty of proving that Wallice knew (or should have known) that he was HIV+ when working with Ashley, what about the companies’ knowledge?

"At all relevant times," the complaint reads, "defendants and each of them allowed defendant MARK GOLDBERG to participate with forged or doctored tests and/or knew that defendant MARK GOLDBERG had been exposed, contaminated, and infected with the AIDS VIRUS. Defendants and each of them, knew that, when and if, sexually explicit acts or actions, including sexual intercourse were performed by plaintiff with the AIDS infected defendant, MARK GOLDBERG, that plaintiff would be exposed, contaminated and/or infected with the AIDS VIRUS."

"I had nothing to do with [checking HIV tests]," Spallone noted. "Like when I shoot a movie for somebody, I get IDs and AIDS tests on everybody, and I submit that to whoever I sell it to."

"I walked on that [gangbang] set," Wallice stated. "I handed it [the test] to them. They made a copy and gave it back. That was that. I’m sure they were short for guys and maybe that was the reason they were taking anybody. I've also heard that guys didn't even have tests. Who's the one who should be making sure of this? Not the director. Not the P.A. It's the actress. She didn't care! I'm not saying that's okay. But you see what I'm saying. There's a whole other side that's responsible. If these accusations are true, even if they aren't true, it's their fault."

If the court does not find that HIV tests and/or condoms were or should have been an industry standard and custom, the case will probably turn on whether the corporate and individual defendants knew, or should have known, that Wallice was HIV+ and/or had submitted a fraudulent test - if, in fact, it was fraudulent. [See related story this issue - Ed.] None of that will be easy to do, especially since many companies, though required by law to keep model releases and copies of performer' identification, do not keep and are not required to keep copies of performers' HIV tests. Certainly, as to the companies, whether the plaintiff prevails on the complaints of negligence, intentional and/or negligent infliction of emotional distress, intentional and/or negligent misrepresentation and breach of contract, will hinge on that finding.

At press time, none of the parties to the lawsuit had been served, so it's far too early to talk of considerations such as interrogatories, depositions, motions and/or settlement.

What may not be too early to talk about is how companies can head off this type of suit in the future.

-- Mark Kernes
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Tricia Devereaux, in a thread about Lara Roxx's plan to sue porn producers because she tested HIV-positive, posted the following comment at ADT:

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FYI - Brooke Ashley originally wanted to sue the production company SHE worked for with Marc Wallice. After several months of investigating, her lawyers recommended that she drop the case.

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Monkey, my little hairy friend, you told us months ago that Wallice died and that Rocco was positive. How come that you, with all your connections in the porn biz did not tell us about Darren James status before anyone else did?

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Rocco doesnt have HIV...why do i know this? a good friend of mine has been fucking him for almost 9 months...and she is fine...

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Rocco has had Hiv for well over a year now BUT he does a good job concealing it, he uses a stunt penis. Now when i say stunt penis you probably think a guy who's penis steps in to finish a scene, well this is a little different. He uses a rubber mold made a few inches bigger and hollowed out in the middle, he then attachs this to his real penis and performs with that on to stop the spreading of the disease and when it comes time for the pop shot its just warm goat cheese that is pushed out using an off screen pump.

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hay JRv! I was thinking of you, you havnt posted much lately!

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I hope you were thinking dirty thoughts about me!

I was taking a vacation from consulting jobs but a friend called needing a "favor" (translate: he has no budget so I won't get paid). Sigh - I'm too easy...

But I always have time to take a few swipes at the Monkey.