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`Case 2:18-cr-00422-SMB Document 1261 Filed 09/01/21 Page 1 of 10
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`
`
`GLENN B. McCORMICK
`Acting United States Attorney
`District of Arizona
`
`KEVIN M. RAPP (Ariz. Bar No. 014249, kevin.rapp@usdoj.gov)
`MARGARET PERLMETER (Ariz. Bar No. 024805, margaret.perlmeter@usdoj.gov)
`PETER S. KOZINETS (Ariz. Bar No. 019856, peter.kozinets@usdoj.gov)
`ANDREW C. STONE (Ariz. Bar No. 026543, andrew.stone@usdoj.gov)
`Assistant U.S. Attorneys
`40 N. Central Avenue, Suite 1800
`Phoenix, Arizona 85004-4408
`Telephone (602) 514-7500
`
`DAN G. BOYLE (N.Y. Bar No. 5216825, daniel.boyle2@usdoj.gov)
`Special Assistant U.S. Attorney
`312 N. Spring Street, Suite 1400
`Los Angeles, CA 90012
`Telephone (213) 894-2426
`
`KENNETH POLITE
`Assistant Attorney General
`Criminal Division, U.S. Department of Justice
`
`REGINALD E. JONES (Miss. Bar No. 102806, reginald.jones4@usdoj.gov)
`Senior Trial Attorney, U.S. Department of Justice
`Child Exploitation and Obscenity Section
`950 Pennsylvania Ave N.W., Room 2116
`Washington, D.C. 20530
`Telephone (202) 616-2807
`Attorneys for Plaintiff
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF ARIZONA
`
`
`
`
`
`United States of America,
`
`
`
`Plaintiff,
`
`
`v.
`
`
`Michael Lacey, et al.,
`
`
`
`Defendants.
`
`No. CR-18-422-PHX-SMB
`
`
`SUPPLEMENTAL MOTION TO
`CLARIFY EVIDENCE THE UNITED
`STATES INTENDS TO ADMIT RE
`VICTIMS ADVERTISED ON
`BACKPAGE.COM
`
`-AND-
`
`RESPONSE TO DEFENDANTS’
`MOTION TO ENFORCE THE
`COURT’S MAY 7, 2021 ORDERS
`[Doc. 1254]
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`Case 2:18-cr-00422-SMB Document 1261 Filed 09/01/21 Page 2 of 10
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`This motion seeks to supplement and clarify the United States’ previous motion to
`admit evidence of murders implicating Backpage, in light the Court’s May 7, 2021 ruling.
`(Doc. 1155 (the “May 7 Order”).) This motion also responds to Defendants’ motion to
`enforce the May 7 Order. (Doc. 1254.) In its May 7 Order, the Court had two primary
`rulings. First, the Court ruled that the United States will not be allowed to introduce
`evidence regarding the specific details of third-party murders. (Id. at 5.) Second, while
`the Court denied the United States’ request for an order approving evidence of third-party
`murders, it found that “[s]ome of the evidence, if relevant and properly sanitized, may still
`be admissible at trial.” (Id.) This motion discusses that evidence—exhibits and testimony
`that are both relevant and sanitized.
`Any Evidence Introduced At Trial Will Be Sanitized
`I.
`The United States represents that its trial witnesses will not reference any murders.
`For example, testifying family members who may provide relevant information about a
`deceased victim’s involvement with Backpage will not mention that the victim was
`murdered. Similarly, testifying law enforcement officers who obtained postings from
`Backpage during the various investigations will not reference that the investigation
`involved a murder.1 These witnesses will only testify that a murder victim went “missing,”
`or may not even reference the victim’s status at all. In addition, all exhibits have been
`redacted in accordance with the May 7 Order to remove any references to the murders or
`the details of the murders. (These redacted trial exhibits are filed under seal with this
`motion.)
`This Evidence Remains Relevant
`II.
`Evidence of the prostitution activities underlying these murders involving Backpage
`is relevant for two independent reasons.
`
`
`
`
`1 Unless the Court determines that fact relevant and not precluded by Rule 403.
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`Case 2:18-cr-00422-SMB Document 1261 Filed 09/01/21 Page 3 of 10
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`a.
`
`Evidence is Relevant to Demonstrate Defendants’ Knowledge of
`Prostitution Activities on Backpage
`Defendants’ knowledge that Backpage earned nearly all of its revenue through
`prostitution advertisements is a central issue in this case. (Doc. 1212 at 10 (“the issue of
`Defendants’ knowledge is a ‘consequential fact’”).) Throughout Defendants’ conspiracy
`they were alerted and aware that prostitutes, as well as child sex trafficking victims, were
`murdered after posting ads on Backpage. As the Court has made clear, Defendants’
`knowledge about prostitution advertising occurring on Backpage is highly relevant. (Doc.
`1155 at 5.) This knowledge occurred in a number of ways, one of which included lawsuits
`filed by victims, or relatives of deceased victims. At trial, the United States intends to
`admit evidence of these lawsuits to demonstrate Defendants’ knowledge that Backpage
`was facilitating prostitution.
`Evidence is Relevant to Demonstrate Defendants’ Efforts to Conceal the
`b.
`True Nature of Backpage
`The evidence is also relevant for the independent reason that it demonstrates
`Defendants’ efforts to conceal Backpage’s business practices. For example, Backpage’s
`ex-CEO Carl Ferrer is expected to testify that the pleadings filed by Backpage’s attorneys
`in the lawsuits referenced above were riddled with misrepresentations and omissions. In
`addition, the evidence will show that when Defendants were confronted by law
`enforcement, elected officials, lawsuits, or the media, they routinely misled and
`misrepresented Backpage’s true business practices.2 These misrepresentations and
`omissions took on a heightened dimension when Defendants were responding to law
`enforcement and media inquiries regarding murders of prostitutes and child sex trafficking
`victims posted on Backpage. The evidence will show that Defendants retained public
`relations firms and attorneys to spin a misleading narrative designed to divert attention
`
`
`2 These misrepresentations were often conducted through Defendants’ agents,
`including, among others, Edward McNally, Don Bennett Moon, and Elizabeth McDougall.
`
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`

`Case 2:18-cr-00422-SMB Document 1261 Filed 09/01/21 Page 4 of 10
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`
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`from Backpage’s facilitation of prostitution and to lessen the reputational impact and
`potential liability.
`III. The Specific Evidence To Be Introduced At Trial
`The United States provides the following information for how it intends to sanitize
`both exhibits and testimony consistent with the May 7 Order for the six different murders
`listed below.3 Again, the United States does not intend to elicit testimony or admit exhibits
`that include any details about any of the murders. Rather, the government intends to offer
`proof that each murder victim solicited prostitution services on Backpage. This evidence
`will be established through law enforcement agents who investigated the crimes, family
`members of the deceased victims, and co-conspirator Ferrer. The government anticipates
`that Ferrer will testify about how he discussed these crimes with Defendants Lacey, Larkin,
`and Spear, often to formulate a strategy in response, and that Defendants Hyer, Padilla, and
`Vaught at times took some action to assist in Backpage’s response.
`Detroit Crimes
`a.
`Between December 24-26, 2011, four women were murdered in Detroit after being
`advertised on Backpage for prostitution. Upon learning about these crimes, Defendants
`Lacey and Larkin, and others, formulated a strategy to mislead the Detroit Police
`Department (“DPD”) and the public about the event. Specifically, these Defendants
`pushed the spurious claim that these victims had posted on other prostitution websites, in
`an attempt to alter the narrative.4 Ferrer is expected testify that this press strategy was
`intentionally deceptive for a variety of reasons, including that the other websites were far
`less popular than Backpage and frequently aggregated their content from Backpage. In
`fact, Backpage’s aggressive response to the Detroit murders became the “blue-print” for
`
`
`3 The United States will not discuss this evidence during their opening statement
`and anticipates that the first witness to testify about these murder victims’ prostitution
`activities wouldn’t take the stand until mid-September.
` See Ex. 704, 12/29/11, email between Lacey, Larkin, and McNally (attorney
`McNally advising that it was beneficial to Backpage if they “mudd[ied] the waters.”)
`
`
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`Case 2:18-cr-00422-SMB Document 1261 Filed 09/01/21 Page 5 of 10
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`
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`the response to any event that negatively implicated Backpage.5 The response included
`retaining public relations firms to assist in spinning a false narrative. Defendant Brunst
`was also involved in Backpage’s response strategy and approved the unplanned expenses
`related to retaining public relation firms and attorneys to address the Detroit crimes.
`The United States intends to admit the following exhibits through Ferrer, which
`demonstrate Defendants’ attempts to divert attention from Backpage’s involvement with
`the victims (redactions shown in parenthesis and reflected in attached exhibits filed under
`seal):
`
`- Exs. 942 and 942A, 12/26/11, email from Ferrer to Padilla regarding Detroit
`homicides with public safety announcement from DPD. (Redacted,
`removing any references to murders.)
`- Ex. 943, 12/26/11, email from Ferrer to Larkin telling him about the Detroit
`homicides. Larkin advised Ferrer to contact attorney Ed McNally.
`(Redacted, removing any references to “homicides” and “victims”.)
`- Ex. 133, 12/27/11, email from producer of CNN, Anderson Cooper 360,
`requesting a comment on tragic deaths in Detroit. (Redacted, removing
`references to murder, “tragic” events, crime and criminals.)
`- Ex. 961, 12/27/11, email from Carl Ferrer to Sgt. Wilson, DPD. (Redacted,
`removing any references to murders.)
`- Ex. 961a, 12/27/11,(Redacted, removed references to homicides.)
`- Ex. 956, 12/27/11, email from Larkin to Lacey, Ferrer, attorneys and public
`relations firm. (No redactions.)
`- Ex. 134, 12/27/11, email from Lacey in response to CNN. (Redacted,
`removing Lacey’s reference to “serial killer” and “tragic events” in Detroit.)
`- Ex. 702, 12/27/11, email regarding murder of prostitute in Detroit between
`Lacey, Larkin, Ferrer, attorneys, and public relations staff. (Redacted,
`
`5 Defendant Larkin referred to this response strategy as “seal team six.” Ex. 715
`(January 26, 2012 email, Larkin wrote “Carl has created a BP Seal Team Six ready for
`immediate action which we set up after Detroit.”)
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`Case 2:18-cr-00422-SMB Document 1261 Filed 09/01/21 Page 6 of 10
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`removing reference to “tragedy.”)
`- Ex. 965, email from Ferrer to Larkin. (No redactions)
`- Ex. 136, 12/27/11, statement from DDP Chief of Police establishing that
`three of four murdered women posted on Backpage. Contains a response
`from Backpage. (Redacted, removing any references to murders, victims,
`and violent criminals.)
`- Ex. 135, 12/27/11, email exchange with statement from Backpage attorneys
`Suskin and McNally. (Redacted, removing reference to “terrible crimes.”)
`- Ex. 948, 12/27/11, email from Ferrer to Lacey, Larkin, Backpage attorneys,
`and public relations strategist Sitrick. Ferrer provides update on providing
`postings of murdered prostitutes to Backpage owners. (Redacted, removed
`reference to “victims.”)
` Ex. 951, 12/27/11, email exchange between McNally, Lacey, and Larkin
`regarding providing a list of other sites. (Redacted, removing Lacey’s
`reference to “tragedy.”)
`- Ex. 972, 12/28/11, Email exchange between Lacey, Larkin, Ferrer, attorneys,
`public relation firms’ representatives. (Redacted, removing reference to
`murders.)
`- Ex. 704, 12/29/11, email exchange between Lacey, Larkin, Ferrer and
`Backpage attorneys. (Redacted, removing any references to murders and
`grieving families.)
`- Ex. 988, 12/29/11, Email from lacey to Larkin, Ferrer, attorneys, public
`relations staff. (Redacted, removing Detroit investigations and grieving
`families.)
`- Ex. 137, 12/29/11, transcript of interview between Backpage attorney Ed
`McNally and Anderson Cooper. (No redactions.)
`- Ex. 1053, 12/29/11, CNN broadcast of Anderson Cooper and Ed McNally.
`(Redacted, removing any references to murders.)
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`Case 2:18-cr-00422-SMB Document 1261 Filed 09/01/21 Page 7 of 10
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`- Ex. 138, 12/30/11, email exchange between Lacey, Larkin, and Ferrer
`regarding McNally’s appearance on CNN. (Redacted, removing all
`references to “Detroit murders and violent crimes.”)
`- Ex. 139, 12/30/11, email exchange between Lacey, Larkin, Ferrer and
`Backpage attorneys regarding the CNN interview of McNally by Anderson
`Cooper. (Redacted, removing all references to “Detroit murders.”)
`- Ex. 707, 1/6/12, email exchange between Lacey and Larkin. (No redactions.)
`- Ex. 715, 1/26/12, email from Larkin to Lacey, attorneys, public relation
`firms. (Redacted removed references to Detroit murders.)
`- Ex. 823A, 7/10/12, Backpage.com Media and Digital Brand Analysis, p. 2
`Police Blotter stories about someone getting busted using BP. (Redacted,
`removing all references to “murder” and “Detroit murders.”)
`- Ex. 247, 12/20/12, Google alert to Spear, Backpage.com escort ads linked to
`four deaths. (Redacted, removing reference to “four deaths.”)
`- Ex. 259, 5/5/12, Google alert to Larkin, Man Charged in Backpage.com
`murders. Three of the victims had offered escort services. (Redacted,
`removing any references to murders.)
`Victim 6, C.M.
`b.
`On June 22, 2012, a “john” stabbed Victim 6, C.M., to death at an apartment
`complex in Scottsdale, Arizona. (Doc. 230 ¶ 165.) On the same day, law enforcement
`contacted Ferrer, and requested that Backpage “freeze” C.M’s ads. Investigating Detective
`Scott Carpenter and Ferrer are expected to testify regarding this crime, but neither witness
`will reference either the actual murder or its details. 6 In addition, the United States intends
`to admit the following exhibits with appropriate redactions:
`- Ex. 649, 6/25/2012, email from Detective Carpenter to Ferrer requesting that
`
`
`6 Defendants’ claim that the details of this murder were “fed to the reporter by a
`representative/s of the Government” is baseless. The undersigned attorneys have not
`spoken to any members of the media and will not do so for the duration of this trial. (Doc.
`1254 at 2.)
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`Case 2:18-cr-00422-SMB Document 1261 Filed 09/01/21 Page 8 of 10
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`ad from homicide victim C.M. be retained. (Redacted, removing reference
`to homicide and that Carpenter is a member of gang investigation unit.)
`- Ex. 1786, email exchange between Backpage involving C.M homicide and
`underage trafficking investigation. (Redacted, removing references to
`homicide.)
`Victim 15, J.W., Counts 19 and 20
`c.
`On June 10, 2015, Victim 15, J.W., was murdered after she fled from her pimp’s
`vehicle and was struck by oncoming traffic. (Doc. 230 at ¶ 174.) J.W. was posted on
`Backpage shortly before her murder. In addition to the publicity surrounding this murder,
`Defendants were on notice about the crime, because the investigating Detective
`subpoenaed J.W.’s ads and a Backpage custodian appeared at trial to authenticate the ads.
`The United States intends to admit the ads through the investigating agent without
`referencing the murder or its details.7 In addition, Ferrer will testify to the retention of
`J.W.’s ads and the process of providing a custodian of records from Backpage to
`authenticate the postings at trial.
`Victim 14, A.G.
`d.
`On June 20, 2015, the body of Victim 14, A.G., was found inside a car in northwest
`Dallas, roughly ten miles from Backpage’s corporate headquarters. (See Doc. 230 ¶ 173.)
`The Dallas Morning News publicized the murder. (Doc. 920 at Ex. X.) The victim’s father,
`C.G., is expected to testify that he contacted Backpage by email following the murder and
`requested that they remove his daughter’s postings from the website. (Doc. 230 ¶ 173;
`Doc. 920 at Ex. Y.) Despite his efforts, Backpage did not immediately comply. In
`addition, he will testify to the prosecution and conviction of the man who murdered his
`daughter, but will not reference the fact that it was a murder prosecution, consistent with
`the Court’s May 7 Order.8 Ferrer will also testify about his knowledge of the case without
`
`7 Exs. 220(a) and (b).
`8 “[F]or the June 20, 2015 murder in Dallas, the Court would likely permit the
`victim’s father to testify regarding the fact that he contacted Backpage to remove his
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`Case 2:18-cr-00422-SMB Document 1261 Filed 09/01/21 Page 9 of 10
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`referencing the murder.
`Victim 16, C.W., Count 23
`e.
`On August 17, 2015, the body of Victim 16, C.W., was found in an alley on Detroit’s
`west side. (Doc. 230, ¶ 175.) It was later determined that the assailant was Jerome Moore
`who met C.W. through her ad posted on Backpage. (Id.) The postings of C.W. will be
`admitted through investigating Detective Detrick Mott.9 Detective Mott subpoenaed
`Backpage for the victim’s ads and a custodian testified at Moore’s trial. In addition, C.W.’s
`sister, A.S., will testify about seeing C.W. post on Backpage, use “vanilla” cards to pay for
`Backpage ads, and engage in prostitution activities without referencing her murder. A.S.
`is further expected to testify about other women who used her sister’s email address to post
`prostitution ads on Backpage.
`Victim D.R.
`f.
`Victim D.R. was found in a garage beaten to death. (See Doc. 920.) A highly
`publicized investigation and subsequent prosecution established that D.R. was trafficked
`by a pimp on Backpage. (Exs. 1775, 1775(a)-(c).) D.R.’s family (including family
`member Y.A.) sued Backpage. On September 19, 2017, Y.A. testified before the Senate
`subcommittee (the same subcommittee that Lacey, Larkin, Ferrer, and Padilla appeared
`before) that investigated Backpage. At trial, it is expected that Y.A. will testify about her
`daughter posting on Backpage, the lawsuit she filed against Backpage, and her Senate
`testimony without referencing her daughter’s murder.
`
`
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`daughter’s posting from the website, but he would not be permitted to testify regarding the
`murder or the details of the crime as that evidence’s prejudicial value would substantially
`outweigh any probative value that the evidence might have.” (Doc. 1155 at 5.)
`9 Ex. 221.
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`IV. Conclusion
`The United States files this motion to clarify that the evidence it intends to introduce
`at trial that relates to third-party murders will be relevant and properly sanitized, in
`accordance with the Court’s May 7 Order.
`Respectfully submitted this 1st day of September, 2021.
`
`GLENN B. McCORMICK
`Acting United States Attorney
`District of Arizona
`
`s/ Kevin M. Rapp
`KEVIN M. RAPP
`MARGARET PERLMETER
`PETER S. KOZINETS
`ANDREW C. STONE
`Assistant U.S. Attorneys
`
`DAN G. BOYLE
`Special Assistant U.S. Attorney
`KENNETH POLITE
`Assistant Attorney General
`U.S. Department of Justice
`Criminal Division, U.S. Department of Justice
`REGINALD E. JONES
`Senior Trial Attorney
`U.S. Department of Justice, Criminal Division
`Child Exploitation and Obscenity Section
`
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`CERTIFICATE OF SERVICE
`I hereby certify that on September 1, 2021, I electronically transmitted the attached
`
`document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a
`Notice of Electronic Filing to the CM/ECF registrants who have entered their appearance
`as counsel of record.
`
`s/ Zachry Stoebe
`U.S. Attorney’s Office
`
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