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May 23, 2018

DA Rejects Filing Charges Against Tony T. in Nikki Benz Case

LOS ANGELES—The Los Angeles County District Attorney has declined to file criminal charges against director Tony T. based on police reports taken from performer Nikki Benz alleging sexual assault and battery at the hands of T. on a December 2016 shoot for Brazzers. Tony T.'s attorney, Karen Tynan, confirmed to AVN Wednesday morning that she received notice Tuesday from the Los Angeles Police Department that the D.A. had decided no charges would be filed.  Tynan noted, however, that Benz's civil case against T., Brazzers' parent company, MindGeek, and performer Ramon Nomar, filed last month in Los Angeles County Superior Court, remains in effect. In addition, Tynan said that the opening brief of Benz's appeal to impose an anti-SLAPP motion against T., originally filed in May 2017 and denied by Judge Delilah Lyons in July, is due today. The anti-SLAPP motion, if granted, would effectively strike T.'s own defamation suit against Benz for comments she made via social media in December 2016 reflecting what would become her formal accusations surrounding that month's shoot. Benz is represented in her civil suit against T., et al, by Dan Gilleon. Asked for comment on the D.A.'s decision, Gilleon told AVN, "I think the police report speaks volumes. Many many men escape criminal responsibility only to lose everything in civil court. Ask O.J. about that. The D.A. made its decision on whether it could convince 12 out of 12 jurors, beyond any reasonable doubt, that Tony T. committed a crime. The fact the police recommended charges tells you what the trained investigators closest to this criminal investigation believed. However, prosecurors don't like to lose, so apparently they weren't willing to take the risk that one or two jurors would not agree with the police."    

 
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