I've always been a fan of Latin -- I'm especially a fan of it when it's being used to show that I'm correct.
On October 3rd 2013, the State of Florida officially withdrew their prosecution of Ryan Seay in regards to all counts for the alleged charges of this case after the defendant's attorney, Charles W. Arline, submitted a Motion to Dismiss to the State.
Given the lack of evidence presented by Ms. Jacobs to validate her claims, it's no surprise that the State was forced to cease their prosecution and drop the four charges alleged against me. It's far easier to use the State's own words than mine to describe the decision:
Notice of Nolle Prosequi
THE STATE OF FLORIDA hereby enters a nolle prosequi in the above styled case. The defendant has filled a Motion to Dismiss all counts in the above styled case. The State has reviewed the Motion to Dismiss and finds the Motion to be well taken. Therefore, the State has filed a Notice of Written Nolle Prosequi.
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Nolle Prosequi has been furnished to Charles Arline, attorney for the defendant, this 3rd Day of October, 2013.
MARK A. OBER
Even if it takes awhile, the truth will set you free.
From listening to Ms. Jacobs's numerous stories, you'd get the impression that this latest jaunt was she and I's first legal excursion on this matter, but that would be completely untrue. In fact, we had a five and a half hour long hearing on these matters and other allegations that she has since removed from her fairy tale on November 16th, 2012.
Ms. Jacobs through her
sidekick BFF attorney, Patrick J. McGeehan, had me summoned almost 300 miles to Miami-Dade County for a permanent injunction hearing on the matter, which was, of course, also a failure as it provided no evidence against me. The petition for permanent injunction made the follow allegations:
Foremost, please note that the question mark on the form was written by someone from the state who was curious as to how Ms. Jacobs had listed a date on an allegation that occurred after she had filed the petition -- as if she was a seer and had foreseen a future crime (Minority Report?).
One of the more curious allegations made in the petition was that on October 10th, 2012, I was seen in the vicinity of her home. As I live and work hundreds of miles away from Miami, Florida, this was easily defeated in court through phone records, bank statements and work materials. It also provided a humorous moment where Mr. McGeehan showcased why he won't be winning any Jeopardy Geography tournaments anytime soon. It's important to note that this element of her story has been revised and eliminated as she found it to be incongruent with the rest of her tale to be used moving forward. As you'll see in the months to come, this is not the only time that Ms. Jacobs greatly modifies her story to suit her needs.
As is with all things Holly-Jacobs/Holli-Thometz-related, the petition was dismissed once facts were allowed to enter the realm and fabrications ceased to hold dominance.
Our next legal tete-a-tete will assuredly be the continuation of our legal proceedings. I highly doubt there is anyone on this page who is not already aware of this fact, but Ms. Jacobs sued me, Ryan Seay, in the Circuit Court of the Eleventh Judicial Circuit in Miami-Dade County on April 18th, 2013. The filed complaint is widely available on numerous websites. To find it, I imagine you just type "Holly Jacobs Silly Lawsuit Complaint" in Google and you should eventually find it.
To date, I have not filed an Answer to the Complaint; instead, I filed a Motion to Dismiss and Motion to Transfer Venue as a pro se litigant. Neither of my motions has been heard by the court, yet, and therefore still remain pending and unresolved. In my strictly non-legal opinion, though, the complaint filed by Mr. McGeehan is severely deficient and at the very least, requires of redrafting and refiling. My filed motion is listed below for posterity's sake.
I had avoided posting a lot of pieces of evidence that discredit Holly's story out of consideration for Holly's feelings. While I didn't do any of the things that she claims, I do acknowledge that she has gone through quite a lot over the years because of someone and I think that, that is really quite sad. Unfortunately, Ms. Jacobs shows no signs of letting down, still has a pending civil case against me, actively campaigns to reinstate criminal charges, continues to add new lies to her story and shows no signs of acknowledgment that she might have been wrong. As this is the case, I'll be posting various documents about the case in the 'Evidence' section of this site as I have time to put them together.
Holly's story about the creation of the pictures revolves around the concept that we were a long distance couple who needed to spice-up things to keep the romance alive and that they were items that I incessantly plied out of her. In reality, the pictures were an idea that Holly herself initiated because of her adamant belief that looking at any forms of pornography was tantamount to cheating -- therefore, if I were to view any nude images of another woman, that was cheating in her eyes. Holly's solution to this was that she would create nude pictures and videos of herself so that it would not be cheating. She pitched the idea to me and followed it up by sending me an email with the contents of an article from Stuff Magazine titled "Take Naked Pictures of Your Girlfriend: A step-by-step guide to getting hot shots of your number-one chick."
Over the course of three years, Ms. Jacobs created, took and/or sent hundreds of explicit, nude and pornographic pictures to me that were delivered by email.
Please note, I don't think that there is anything wrong with the fact that Holly decided to create pictures, videos or other explicit material for whomever she decided to create them for -- it's her body and it's her life and she should have the right to use it as she sees fit. There's no crime in being a sexually comfortable male or female and she shouldn't be shamed for it. I do take issue, though, with the blatant lie that implies that I somehow manipulated an innocent girl into sharing highly out-of-character materials and then used them against her; Holly not only created and shared these images of her own free-will and vocation, but she was completely responsible for their existence from the idea to the execution to the dissemination.
Holly's claims about how the leaked video was created run the gamut from a Skype conversation recorded without her knowledge to a video that was recorded by me; the truth about the video resides in the fact that it actually is an automatically recorded video session created by the site Justin.tv. Holly frequently used Justin.tv's live-streaming webcam services to perform various acts on camera. When she was online, I would receive a notification by email and would login to the site to view the webstream:
As you can see from the image above, this was not a one time occurrence, but would happen rather often. According to Justin.tv's FAQ page, all web-streams are moderated and automatically recorded on their servers for 48 hours -- it states that "All live broadcasts are recorded and temporarily saved on your videos page. Saved videos are deleted within two days." During that time period, who knows how many people had access to the file(s) and downloaded/shared them.
It is evident and clear that the released video stemmed from Justin.tv due to the On2 watermark that is featured in the bottom right hand corner of the video. This screenshot features a still from a video that was retrieved from a bit-torrent file still available on various sites (torrent sites such as Piratebay, etc)
I've blurred the video image and filename out of respect for Ms. Jacobs but left the On2 logo unmodified. The link between On2 and Justin.tv is evidenced through their own press releases:
Why did Ms. Jacobs lie about the video? If I had to guess, I'd have to say that she was embarrassed, but that doesn't make what she has done an okay thing for a person to have done. She's fabricated this aspect of the story just as she has several other notable elements... seemingly for the same reason: to absolve herself of any blame, use me as her scapegoat and capitalize on a prominent issue of merit to create a new line of work for herself as a lobbyist.
Holly was quite paranoid about someone finding out that she was sending nude pictures by means of email (in retrospect, clearly she was correct to be paranoid about it) and thusly created a fake email address to use when she sent items that she didn't want other people to find -- this email address was "[email protected]". I received more than 40 emails from Holli at this address over the years. One of the emails follows for posterity's sake:
I stopped receiving emails from this address somewhere in 2008 or 2009 around the time that Holly and I stopped talking and began dating our respective significant others. At least that was the case until I received a new email from this address in 2013 on the day that Ms. Jacobs's Katie Couric television appearance aired. The message states:
This message troubles me for several reasons. At first, I decided that it most likely wasn't from Holly, because I thought to myself "not even Holly is dumb or crazy enough to send me that message." After investigators looked into the message, though, they confirmed what my own analysis showed: that the email did indeed come from the email address [email protected] and it was not spoofed as I had hoped. This really left only a few scenarios:
Several critics, pundits and members of the Cyber Civil Rights Justice League of America have time-after-time-again pointed to my claim that a hacker may have been involved in disseminating the photos as a point of my guilt. Besides this argument being a complete non-sequitur and ludicrous, it carries on without even attempting to look at the evidence supporting the claim. While I can't attest to the security on Holly's side (other than the potential instance of a breach in her email as evidenced by the threat email), I can say that I have been involved in a rather serious hack over the years. In 2007, I began freelance writing for a company called 'Associated Content' that was later purchased by Yahoo.
What I did not know at the time was that they were keeping their writers' email addresses and passwords stored in an unencrypted file on their servers and had essentially created a hacker's paradise. Seemingly, the site became a go-to hub for malcontents looking to perform identity theft and other malicious actions. As it created a growing source of email addresses and passwords, it seems to have been quite popular in various underground rings. Unfortunately, this was not exposed until 2012, when a hacking group pulled the entire database off of Yahoo's servers and published it online to disclose the negligent security practice. More than 450,000 unencrypted usernames and passwords were published online. Of course with my luck, my email and password made the list. You can confirm this by using the sites that PBS or Dazzlepod setup -- my email address was "[email protected]" (I know... clever, right?) and yes, it was the same address featured in the previous emails and the one that Ms. Jacobs sent images to over the course of years.
Fun, eh? I wish I could say that it became easier once I learned that people had been infiltrating my accounts, but the hacking attempts increased tenfold when news about the uploaded file spread around the Internet. I had to close and reopen several different accounts and I have a permanent identity theft note on my credit bureau file that makes even the most mundane task a nightmare in terms of validating and verifying my identity to third parties. Some of the aftermath looked like this:
New credit cards, bank accounts, hacked websites... the whole works. I still, to this day, deal with hacking attempts on a monthly basis at minimum -- fortunately, I've gotten quite a lot better at dealing with them, securing myself and preventing the attacks with added time and knowledge. Looking back at the intrusion, I was blissfully blind as to how vulnerable I truly was.
While the only other viable outcome was an acquittal/not-guilty-verdict, I would be lying if I said that I wasn’t pleased upon hearing that the State had dropped the charges against me. Although I’m quite dismayed that the State allowed this case to make it as far as it did, I’m also thankful that common sense, honesty and justice prevailed in the end. My sincere thanks to Mr. Ober and his staff for ultimately yielding the right decision. Given the lack of evidence, conflicting stories and information withheld by Ms. Jacobs, this was an impossible case for the State to win and I sympathize with them in that regard.
Unlike my accuser, my position and story on this matter has stayed consistent for more than four years. Unfortunately, Ms. Jacobs and I may never know who has breached our security and trust or why he or she decided to engage in these actions. The damage that has been caused by this unknown individual is truly unfortunate and unfair to both Ms. Jacobs and me; regardless of these circumstances, I cannot stand behind Ms. Jacobs’s chosen course of action. She has wasted state and federal resources, relentlessly harassed individuals and manipulated members of the government and media in what appears to be an attempt to propel herself into a new career through a targeted and malicious witch hunt; while I understand that we’re in a down economy and the unemployment rate is high, this is by no means an acceptable alternative to seeking legitimate employment.
Through her lies and defamatory statements, she has turned a blind eye to the truth with seemingly little to no concern for the consequences of doing so. She has invaded my privacy and subjected me, my girlfriend, family, friends, colleagues and clients to an international media circus that no one should ever face involuntarily; to those involved in my day-to-day life, I sincerely apologize for any inconveniences that this situation may have wrought. I fully intend to pursue all legal remedies afforded to me to ensure that Ms. Jacobs and her negligent associates are made to answer for their decisions.
Several members of the print and broadcast media have also been embarrassingly negligent and potentially malicious in relation to their handling of this issue. Whether it is this case, their handling of the Boston Marathon bombing or any litany of misreported issues, its evident that in this day and age of Twitter and social media, the traditional media is far more concerned with being the first to report a story than they are with reporting a story accurately. As someone who once held journalistic aspirations and an admiration for the so-called fourth estate, I find this lack of research and callous disregard for the truth to be a point of legitimate concern. In a desperate chase for profits, former staples of journalism have fired educated and seasoned journalists in exchange for self-empowered bloggers with no experience and undergraduate degrees in inconsequential subjects. It’s an embarrassment to a once-proud establishment and even worse it’s statutory defamation.
The dissemination of these so-called ‘revenge porn’ pictures is ethically and morally inexcusable and I personally understand what the victims of these acts have gone through. One of the more unfortunate outcomes of this situation is the illustration Ms. Jacobs has provided as to why we don’t have criminal laws for these actions in the majority of states. For these acts to be properly litigated against, victims and accusers need be prepared to move forward with evidence as opposed to conjured claims against perceived perpetrators and law enforcement need be prepared to put forth individuals with the skills, education and know-how to properly investigate these claims. From start to finish, this case has been an embarrassment to all parties involved and one that if properly investigated would have never seen the light of day as evidenced by the declinations and dismissals voiced by several regulatory and officiating government bodies at the local and federal levels. To those who bypassed their duties to advance their own agendas: you will be held accountable for your actions.
As a matter of personal concern, I must also state my utter disgust for Ms. Jacobs’s usage of the ‘cyber rape’ nomenclature within her campaign. I find it offensive, reprehensible and saddening to see Ms. Jacobs belittle and trivialize physical rape by equating either of our respective situations to such a heinous act. In my opinion, Ms. Jacobs and her organization owe an apology to the millions of worldwide victims who are affected by this trivialization.
While there are a myriad of people amongst my friends and family that I should thank, I have to express my admiration, gratitude and utmost endorsement of my attorney, Charles W. Arline, for his professional and personal efforts in this case. I am very grateful for the support that my girlfriend, family and friends provided on a personal level, but I know that I could not have made it through this ordeal without Charles’s professional assistance. Attorney Arline went above and beyond the call-of-duty for this case and handled it with surgical precision while simultaneously juggling constant inquiries from international members of the media.
He maintained a professional candor and foremost protected my interests instead of pursuing personal and professional media glory. In terms of reading the law and litigating, there isn’t an attorney alive that I would place before him -- he’s a true student of the law. There’s a definite comfort in meeting with Charles as he’s steadfast honest with all of his statements; as long as you’re honest with him, you’ll know where you stand with any legal matters as he will tell you exactly how it is and what you should expect. He allowed me to pester him on and off the clock with my concerns and queries and constantly accommodated my schedule. I’d like to issue my sincere thanks to his family for allowing me to commandeer his time on weekends and I apologize for any inconveniences that I may have created for you all.
If you’re facing criminal charges of any manner in the state of Florida and you’re within a district where he litigates, you’re a fool if you don’t retain Charles Arline as your counsel; if you don’t, I promise you that you will regret it later.
In closing, if I could impart any words to Ms. Jacobs, it would be the following… I’m sorry that someone did this to you, but it wasn’t me. It never was, isn’t and never will be me. At some point, you will have to accept that. Please don’t underestimate people’s ability to forgive. While it may not be possible for me to do so, people will understand if you reverse and tell the truth. From your constantly changing timeline and story, I’m concerned for you and I hope you’re talking to someone. It has been almost a half-decade since we last spoke, yet you seem to have crafted this detailed and elaborate construct in your head of what I have been doing all of these years. If this is sincerely what you believe and isn’t part of some elaborate and malicious plan, then I hope you get help; it’s frightening and sad to see. It can’t be me and I have absolutely no desire for it to be, but I hope you’re talking to someone. While I’m considerably angry with you and appalled by your actions, I don’t hate you. This is merely the beginning of our legal battle and it will assuredly get much worse from here, but in all matters besides these, I wish you well. We disagree on many matters and we will continue to disagree on many matters, but above all things, be honest, stay strong and please, don’t do anything stupid.
While this has been and continues to be a troubling event in my life, I've also been fortunate enough to find occasional tidbits of fortune within the rubble. If you find yourself as a victim in need of technical support/forensics or are a non-profit who needs assistance with technical issues, please feel free to contact my office -- I'd like to assist your efforts free of charge. Also feel free to use this form to leave words of encouragement or harassment as well.