Prejean drops lawsuit after revelation

[Themightytom]

http://www.cnn.com/2009/SHOWBIZ/11/04/m ... index.html

Los Angeles, California (CNN) -- The sudden end to a legal battle between dethroned Miss California USA Carrie Prejean and pageant officials was prompted by the revelation of a "sex tape," according to a source familiar with the lawsuits' settlement.

Prejean was fired in June after lingerie-modeling photos of her emerged that pageant officials said were a breach of her contract. Prejean sued the pageant in August, arguing her firing was religious discrimination because of her opposition to same-sex marriage.

Pageant officials countersued last month, demanding their former beauty queen repay $5,200 in pageant money spent for her breast implants and give them all proceeds from a book she's written.

A settlement of both lawsuits was signed in New York Tuesday, but no details were made public. Lawyers and parties for each side were bound by a confidentiality pledge, according to the source.

The veil of secrecy was partially lifted Wednesday after celebrity gossip Web site TMZ reported the deal was sealed after pageant lawyers presented an "extremely graphic" home video involving Prejean.

TMZ Managing Editor Harvey Levin said during a webcast Wednesday that he obtained the Prejean video during the summer, but found it "too racy" to post on his site. He indicated Prejean was alone in the video.

The source with knowledge of the settlement talks told CNN those details were accurate.

Prejean's lawyer, Charles LiMandri, responded with a short statement issued through an employee at his law office. "It's a confidential settlement, and he can't discuss it," the statement said.

Several calls and e-mail to Prejean's publicist were not returned Wednesday.

Prejean's tell-all book hits bookstores next week, and she is scheduled for media interviews to promote it.

Pageant spokesman Kenn Henman said Tuesday the settlement means all lawsuit demands are dropped.

The pageant had claimed that the contract she signed when she entered their competition last year gave the pageant the rights to anything she wrote. The settlement ended that claim.

Pageant officials also dropped their attempt to be repaid for her breast enhancement, which was done before she represented California in the Miss USA competition, according to Henman.

Prejean, in exchange, withdrew her suit accusing the pageant of violating her privacy by confirming to reporters that her breasts were enhanced, Henman said.

"We are moving forward from the past and looking towards the crowning of two winners and the new look of the upcoming Miss California USA pageant, telecast live on November 22," pageant Executive Director Keith Lewis said Tuesday.

"We're back in the business of beauty," he told CNN.

There was nothing pretty about the public fight that began in April when Prejean, 22, stepped into controversy by declaring her opposition to same-sex marriage while answering a judge's question at the Miss USA pageant. Prejean finished as first runner-up.

While state and national pageant officials publicly supported her initially, their opinions eventually changed after she continued to make public statements about same-sex marriage.

She held onto her crown through May, despite a series of questionable photos that emerged on gossip Web sites. Those images showed a topless Prejean, photographed from behind.

She was dethroned in June by Miss USA pageant owner Donald Trump amid growing complaints by state officials that she was uncooperative and not meeting her contractual obligations.

Prejean filed her lawsuit in Los Angeles County Superior Court in August, claiming that her firing was religious discrimination because of her stand against same-sex marriage.

The pageant's countercomplaint said what it called Prejean's belligerent behavior, lack of cooperation and contract breaches caused her firing, not her opposition to same-sex marriage.

EDIT: Changed title because It was poorly worded

[Dominus Atheos]

TMZ Managing Editor Harvey Levin said during a webcast Wednesday that he obtained the Prejean video during the summer, but found it "too racy" to post on his site. He indicated Prejean was alone in the video.

What? It's a sex tape of her masturbating?

[Themightytom]

TMZ Managing Editor Harvey Levin said during a webcast Wednesday that he obtained the Prejean video during the summer, but found it "too racy" to post on his site. He indicated Prejean was alone in the video.

What? It's a sex tape of her masturbating?

I will investigate for the good of us all.

[CmdrWilkens]

TMZ Managing Editor Harvey Levin said during a webcast Wednesday that he obtained the Prejean video during the summer, but found it "too racy" to post on his site. He indicated Prejean was alone in the video.

What? It's a sex tape of her masturbating?

Unless its some sort of toy based masturbation video I can't imagine it being THAT "racy" so I'm guessing there is some element to the video which makes it more than simply her getting off for the camera.

[Themightytom]

I actually saw this on Fox, and they stated "The video is actually SO racy we decided not to show it on the air and even, not to show it on our website."

What sex tape isn't racy?

[Gilgamesh]

Showing ankle could be considered racy to the types of fans she's picked up lately. I'd just assume it's a typical sex tape.

Are Christian conservatives still rallying around her, despite the developments?

[Duckie]

It could just be America being prudish- I'm sure unless she had a bedsheet over her with a hole cut in it for missionary sex it'd be considered too racy to show.

[Dominus Atheos]

TMZ Managing Editor Harvey Levin said during a webcast Wednesday that he obtained the Prejean video during the summer, but found it "too racy" to post on his site. He indicated Prejean was alone in the video.

What? It's a sex tape of her masturbating?

Apparently it is. Those hording jerks at TMZ won't release it, but here's a description:

Carrie Prejean wasn't the only member of her family who got a peek at Carrie's solo sex tape -- TMZ has learned her MOM was in the room when the Miss California USA lawyers pressed play.

Sources tell TMZ Carrie's mom was in shock -- instantly turning sheet white as she watched her daughter give herself a hand.

[CaptainChewbacca]

It will get out. Sex Tapes are like creeper vines, they get through any barrier.

[Anguirus]

^ Nice choice of words Chewie.

[Keevan_Colton]

One source I've seen said the tape was made when she was 17...so, do you think they'll be charging her and the Miss USA folks with creating and possessing child pornography?

[CaptainChewbacca]

One source I've seen said the tape was made when she was 17...so, do you think they'll be charging her and the Miss USA folks with creating and possessing child pornography?

I don't think you can charge a child for appearing in their own pornography. If Miss Prejean had sent the tape to people, she could be guilty of trafficking CP, but not the production. Also, why would the Miss USA people be charged in creating it? It sounds like this was a private video.

[Keevan_Colton]

One source I've seen said the tape was made when she was 17...so, do you think they'll be charging her and the Miss USA folks with creating and possessing child pornography?

I don't think you can charge a child for appearing in their own pornography.

If you search the forums you'll find that it's come up before and kids have been charged for it.

[CaptainChewbacca]

One source I've seen said the tape was made when she was 17...so, do you think they'll be charging her and the Miss USA folks with creating and possessing child pornography?

I don't think you can charge a child for appearing in their own pornography.

If you search the forums you'll find that it's come up before and kids have been charged for it.

Yes, but kids are always charged with the trafficking or distribution, like when they send pictures to each other on their phones.

[Anguirus]

I don't know thing one about pageants, but I find this whole thing strange in the extreme. So she fails in her contractual obligations by, what, appearing in racy photos? So she sounds like she either doesn't read contracts or just can't resist having photos taken of her whilst unclad. And then she tries to get the Christian Coalition or whoever to help because of some basically non-related issue where she publicly hates gay people (ok, rereading it sounds like her newfound public hating habits were also a breach of contract).

And then the pageant shuts down the lawsuit by pulling out some sex tape that they had of her from FIVE YEARS AGO? 1) how is this relevant, 2) how did they come into possession of it? I think I'm missing something important here.

Also, why does a beauty pageant pay for a boob job? That's something for sugar daddies to do. Fake scarred boobies are not "beautiful."

[Duckie]

Her violation was skipping her duties as Mrs California (basically, showing up to publicity things and looking pretty for events) in order to go on her anti-gay 'I'm being persecuted' crusade, not offending the Pageant's gay rights sensibilities in particular. Initially before she pissed them off the pageant mostly supported her right to free speech, which isn't in question no matter how odious the statement. That alone- skipping out her duties as Mrs California to go on a political crusade using her position- is enough to get her removed, and was.

But further, she signed a standard Mrs Whatever style contract which, prudish americans being prudish or not, states: "I haven't appeared in any nude photographs, videos, or other pornographic- hardcore or softcore- materials, nor will I until the end of my contract as Mrs California." (In more legalistic language, so don't bother poking holes in that language itself.) Dozens of Mrs. Americas and Mrs. (States) have lost their crowns early over this, so it's not something new and surprising to anyone. It's just spoiled girls lying about their past because they want to be Mrs. America even though they've made dirty videos before.

The "racy" photoes of some side boob and panties actually weren't enough to, except on a technicality, get her thrown out, and she wasn't. But a video of her masturbating is in direct violation of her contract and she either knowingly signed a contract under false pretenses or knowingly violated her contract. This would hold up in court and basically prove she signed her contract under false pretenses under any logical interpretation of the "don't do or have already done pornographic videos or pictures" rule.

That they don't keep it up to get back the down payment on her boob job (and, agreed on the "fake breasts are not beautiful by any means" note) is a concession to her out of politeness and not wanting her dirty laundry aired everywhere, not because they were in the wrong.

With that said, I don't think it's sensible for America to be such a lame and prudish nation about such things, but you won't see me cry a single tear over this girl getting what's coming to her for being a hypocrite about sex and a... perjurer? false contract signer?

[Anguirus]

I guess the bit I'm missing is how that tape got in the hands of the pageant people. It shouldn't (morally, not legally) get you kicked out of being a Miss Whatever if you made a tape for your or your boyfriend's private consumption. I'm surprised (if only slightly) that it was considered a violation if it was leaked to the public (well, sort of, any "public" sex tape of a hot model would be on the internet by now) without her knowledge/consent.

Not that I'm weeping for her, but somehow the situation as described by the OP and Chewie sounds really weird and sketchy. If she's in default on her contract, then can the gay-hating bitch, but showing her mom her daughter masturbating to win a more favorable settlement sounds like something out of a bad legal drama.

[Knife]

One source I've seen said the tape was made when she was 17...so, do you think they'll be charging her and the Miss USA folks with creating and possessing child pornography?

I don't think you can charge a child for appearing in their own pornography.

If you search the forums you'll find that it's come up before and kids have been charged for it.

Indeed, there has been at least three big cases around here where I live alone, though it was cell phone camera derived and not an actual video tape/CD.

[Uraniun235]

She could be lying about the age thing in an effort to scare people off from trying to find or distribute it. I remember hearing about someone who did that with nude pictures that were leaked - they tried claiming they were underage when they were taken when that wasn't the case.

[Chris OFarrell]

I'm kinda of two minds about this.

Its one thing to star in pornographic material, and sign a contract that you have never done so, kick them out.

But if she was just making a video for her own uses, or for her boyfriend perhaps...

Well people who do such things are bloody stupid given the digital age and countless examples of such videos going 'public' after a breakup or fight or something...but really, does THAT count as staring in porn? Technically perhaps, but if it was NEVER meant to be public or go beyond a couple of people...


OTOH, given how she has been In Your Face Christian about everything, its nice to -yet again- see such a person being shown to be the hypocrite they really are.

[Kodiak]

For those of you who Prejean's cringe-worthy performance on Larry King, you can catch up here. It's also on CNN's main site.

No one's voting Carrie Prejean for Miss Congenialty, thanks to a temper tantrum on "Larry King Live" last night.

During the televised interview, the 22-year-old beauty queen refused to answer King's questions about her lawsuit settlement with the Miss California organization.

Asked about the motivation for the settlement itself (and if it might have anything to do with her recently released sex tape), Prejean answered through pursed lips, "Larry, you're being inappropriate."

It's a mantra she repeated many times to the venerable show host before he opened the phone line to callers.

The moment the first caller said, "I'm a gay man," Prejean began unhooking her microphone from underneath her sweater and whispering to someone in the wings before staring blankly at the camera.

"I can't hear you," she said, like a six-year old on a playground.

"That's because you took the mic off," King replied.

"I think you're being extremely inappropriate right now, and I'm about to leave your show," Prejean repeated before flashing a bright white pageant smile.

With all this talk of propriety, Prejean may keep in mind that she is currently starring in both a sex tape and nude photos that are making the rounds.

Though she sued the Miss California organization, accusing it of firing her due to her anti-gay marriage remarks, the legal settlement ended abruptly after the pageant lawyer presented Prejean's solo sex tape.

The tape, they say, is a breach of the pageant's morality clause.

[CmdrWilkens]

I actually listened (radio station replayed it on my morning drive) to this interview and she was just a total bitch. I mean he asked her what was her motivation for settling and she said that a) Her motivation was part of the negotiation and therefore confidential and B) King was "inappropriate" for asking her what her motivations where.

So yeah a) she is lying and b) he's a fucking journalist (some of the time) so asking questions about what motivates people to do what they did isn't just appropriate its a required part of his job description.

[Pint0 Xtreme]

And in case you need a better idea of what kind of person she is, she said her personal heroes are Sarah Palin and Michele Bachmann.

[Pelranius]

And in case you need a better idea of what kind of person she is, she said her personal heroes are Sarah Palin and Michele Bachmann.

So when will she trash Pelosi's office and go do mavericky goodness?

Seriously, I hope the Republicans try to get her to run for office in 2010.

[Losonti Tokash]

She could be lying about the age thing in an effort to scare people off from trying to find or distribute it. I remember hearing about someone who did that with nude pictures that were leaked - they tried claiming they were underage when they were taken when that wasn't the case.

I think that was actually Prejean herself earlier in this whole mess. At any rate, there's other people claiming she was 20 when she made the video.