A California choose on Tuesday dismissed a sexual assault lawsuit filed by considered one of Marilyn Manson’s accusers after she failed to switch her former lawyer, Web page Six has discovered.
Ashley Morgan Smithline, who beforehand accused the shock rocker for molesting and abusing her Throughout their two-year, back-to-back relationship, she was suggested to seek out new illustration by December 5, 2022, after her former lawyer, JD. Ellwanger’s movement to recuse himself is granted.
Nonetheless, the mannequin was unable to seek out new illustration or symbolize herself, so her case was thrown out.
The swimsuit was dismissed with out prejudice, that means he can file the identical swimsuit later if he chooses.
Manson’s lawyer Howard King tells Web page Six: “We thank and commend Ashley Smithline for dismissing her claims in opposition to Brian Warner as a substitute of looking for or receiving something.
“Mrs. Smithline has refused to be manipulated by others attempting to pursue their very own agenda in opposition to Mr Warner. We want him properly and can proceed to work to make sure that those that have tried to abuse our authorized system pay a major worth.”
Though Ellwanger has filed a movement to take away himself from the case, Manson’s authorized staff has offered a sequence of textual content messages allegedly despatched by Smithline that seem to indicate that he truly tried to do away with her in April 2022.
In a Sept. 1, 2022, lawsuit obtained by Web page Six, Smithline says in textual content offered to Ellwanger as an exhibit: “I am seeking to set you free. please let me know when that is accomplished and what ought to occur.”
Ellwanger responds by informing his then-client that he wants new illustration and that he believes somebody might have hacked his telephone.
He additionally notes: “Ashley it isn’t that straightforward. You might have a federal court docket continuing. I am undecided who’s writing these textual content messages, nevertheless it does not appear like you. We have to speak on the telephone.”
Ellwanger later wrote: “Actually, I’m very anxious about you, that is fully totally different habits than I’ve ever seen from you and I’ve recognized you for over a yr.”
A separate textual content trade additionally revealed that the lawyer and his consumer argued over an appointment with a psychiatrist in London, which resulted in her lacking a vital deposition.
Nonetheless, the precise purpose why the pair clashed just isn’t recognized.
Web page Six made a number of makes an attempt to succeed in Smithline for remark, however didn’t hear again in time for publication.
Final yr, Smithline and Ellwanger appeared to have a united entrance of their case in opposition to the 53-year-old Manson.
In June 2021, the couple “The View” continued collectively to element Smithline’s alleged sexual harassment experiences with the “Tainted Love” singer.
“I awakened tied up and he was having intercourse with my unconscious physique,” mentioned Manson, a Los Angeles native, with Ellwanger by his aspect.
“That was my first expertise and the abuse simply acquired worse after that. I used to be dehumanized, humiliated, handled like an animal.”
Manson, whose actual title is Brian Warner, has repeatedly denied Smithline’s claims and people of dozens of different girls who’ve come ahead. together with Sport of Thrones actress Esme Biancowhich can be represented by Ellwanger.
“I perceive that on or about February 1, 2021, [Evan Rachel] Wooden posted on Instagram that I used to be her abuser, and shortly after, various different girls made false public accusations in opposition to me of abuse, assault, rape, threats, trafficking, and extra,” he beforehand mentioned. “Lovely Folks” singer. his assertion to the court docket.
“These girls embody Ashley Morgan Smithline, Ashley Walters, Jane Doe and Esme Bianco. To the extent that I had relationships with these girls, these relationships have been consensual.”
He continued. “I by no means abused, assaulted, raped, threatened or trafficked any of those girls as they declare. Their allegations of abuse, assault, rape, threats and the like in opposition to me are completely false.”
Manson and his authorized staff declare that his accusers conspired to tarnish his title for financial achieve, and in consequence even sued for defamation In opposition to Wooden for abuse in March 2022.
Wooden, 35, nonetheless, insists that he has “fact” by him:
Ellwanger couldn’t instantly be reached for remark.