Taylor Frankie Paul Not Charged. What Happens now? Plus TikTok Psychic keeps objecting.
Quick Read
Summary
Takeaways
- ❖Salt Lake County DA declined to file new charges against Taylor Frankie Paul (TFP) for alleged domestic violence incidents with Dakota Mortonson (DM) due to insufficient evidence, lack of specificity/corroboration, and expired statutes of limitations for older claims.
- ❖No other individuals, including Dakota Mortonson, were screened for charges in connection with these investigations, contradicting earlier court statements by the Guardian Ad Litem.
- ❖The DA's office is not pursuing a probation violation against TFP for the February incident, suggesting they do not consider her actions in that incident to meet even the lower burden for a violation.
- ❖Emily D. Baker criticizes KUTV's reporting on the TFP case for omitting the word 'several' from the DA's statement, falsely implying *all* incidents did not rise to a criminal offense, unlike People.com's more accurate reporting.
- ❖The 'TikTok Psychic' (TTS) appeal of the $10 million defamation judgment has been accepted by the Ninth Circuit, but she will be responsible for ordering and paying for expensive trial transcripts.
- ❖TTS's response to the motion for attorney's fees continues to allege fraud, perjury, and jury bias, arguments that Emily D. Baker deems vexatious and legally unfounded.
- ❖The judge in the TTS case will likely grant attorney's fees to the professor, as the arguments against them are not well-founded and the case clearly 'requires justice' for frivolous litigation.
- ❖The concept of the 'fuck around and find out' equation is applied to the TTS verdict, where the jury's large award reflects the defendant's audacity and persistent refusal to cease defamatory actions.
Insights
1Taylor Frankie Paul Not Charged in Domestic Violence Investigations
The Salt Lake County District Attorney's Office declined to file charges against Taylor Frankie Paul (TFP) following investigations into alleged domestic violence incidents with Dakota Mortonson (DM). Reasons cited include some incidents being beyond the statute of limitations (over 2 years old for misdemeanors, some over 3 years old), other alleged incidents not rising to the level of criminal offenses, and remaining incidents lacking sufficient evidence, specificity, or corroboration to prove beyond a reasonable doubt.
The DA's office sent declination letters to the Draper and West Jordan Police Departments. A press release from the DA's office, reported by People.com, explicitly stated that 'no additional individuals were screened for charges in connection with these investigations,' clarifying that DM was not screened either.
2Impact on Taylor Frankie Paul's Probation and Custody Hearings
The decision not to file new charges against TFP is significant because the DA's office is also not pursuing a probation violation related to the February incident. This indicates that whatever TFP allegedly did in February did not meet the lower standard required for a probation violation, despite her being on probation for a previous domestic violence felony. This outcome will substantially change the dynamics of her upcoming child custody and restraining order hearings with DM.
People.com reported that the DA's press release confirmed 'the investigations would not affect Paul’s probation status stemming from a previous 2023 arrest and indictment.' Emily D. Baker emphasizes that a probation violation has a much lower burden of proof than criminal charges, making this decision particularly telling.
3Media Misrepresentation of Legal Outcomes
Emily D. Baker highlights a critical issue in media reporting by comparing KUTV's coverage of the TFP case with People.com's. KUTV's headline and initial reporting omitted the crucial word 'several' from the DA's statement, leading readers to believe that *all* alleged incidents did not rise to a criminal offense, rather than just some. This subtle but significant omission distorts the factual basis of the DA's decision and can create unnecessary public friction.
KUTV reported, 'the incidents did not rise to the level of criminal offenses,' while the actual DA letter stated, 'several incidents that were submitted do not rise to the level of criminal offenses.' Baker demonstrates how this changes the meaning, potentially misleading the public.
4TikTok Psychic's Appeal and Financial Burden
The 'TikTok Psychic' (TTS) has successfully docketed her appeal of the $10 million defamation judgment in the Ninth Circuit. However, she faces significant financial obligations, including ordering and paying for the trial transcripts and potentially posting a judgment bond. These costs can be substantial, and it is unlikely her existing fee waivers will cover them, especially for transcripts which involve paying court reporters.
The Ninth Circuit scheduling order indicates deadlines for the appeal transcript order (April 20th) and the appeal transcript itself (May 20th). Emily D. Baker estimates transcripts could cost 'thousands of dollars' and questions whether TTS will attempt to seek a fee waiver for these costs.
5TikTok Psychic's Continued Frivolous Arguments
In her response to the professor's motion for attorney's fees, TTS reiterates claims of fraud, perjury by witnesses, and jury bias, arguing that the court should deny fees because the professor acted in 'bad faith' and the verdict was 'unreasonable.' These arguments are legally unfounded, as the jury already found defamation and awarded punitive damages, indicating the court found TTS's actions vexatious.
TTS's filing states, 'Court should deny plaintiff's motion for attorney's fees because it is not in the best interest of justice. The plaintiff acted in bad faith during trial and the litigation...' and 'plaintiff and her witnesses acted in bad faith and used improper tactics to win the case i.e. perjury.' Baker points out that these are conclusory statements lacking proper legal citation to transcripts.
Bottom Line
The 'Allen Jacksonification' of high-profile legal cases, where lawyers increasingly blend legal strategy with public relations, can lead to 'part court, part PR' performances that may not always serve the client's best legal interests.
This trend can confuse the public, influence jury pools (though not applicable in judge-decided family law), and sometimes result in legal sanctions for frivolous filings aimed at media impact rather than legal merit.
There's a growing need for legal analysts who can dissect these dual strategies, providing objective insight into what's happening in court versus what's being spun for public consumption, helping the public discern facts from PR narratives.
The difficulty of enforcing civil judgments against defendants who perceive they have 'nothing to lose' can lead to prolonged, frustrating, and costly post-trial litigation, even after a clear verdict.
This dynamic can undermine the deterrent effect of civil judgments and exhaust prevailing parties, highlighting a systemic challenge in achieving full justice, especially when defendants are judgment-proof or unwilling to settle.
Development of more robust legal mechanisms or support systems for judgment collection, particularly against individuals who intentionally evade payment or prolong litigation with frivolous appeals, could address this gap and restore faith in the civil justice system.
Key Concepts
Fuck Around and Find Out Equation
This model suggests that the severity of legal consequences ('find out') directly correlates with the degree of reckless or malicious behavior ('fuck around'), often multiplied by the level of 'audacity' displayed by the defendant. In the TikTok Psychic case, the large punitive damages awarded by the jury are seen as a direct outcome of her persistent and unfounded defamatory actions.
Court of Law vs. Court of Public Opinion
This model highlights the distinction between legal outcomes and public perception. A party can 'win' in a court of law but 'lose' in the court of public opinion, leading to significant personal and professional repercussions. Lawyers for high-profile individuals often engage in 'part court, part PR' strategies, attempting to manage both legal and public narratives, sometimes to the detriment of legal strategy.
Lessons
- Always seek primary source documents (e.g., court filings, official press releases) when evaluating legal news, as media reports can omit crucial context or misrepresent facts.
- Understand the different burdens of proof in legal proceedings (e.g., 'beyond a reasonable doubt' for criminal charges vs. lower standards for probation violations or civil cases) to accurately interpret outcomes.
- Recognize that refusing to engage in settlement or mediation in civil cases can significantly escalate legal costs and lead to more severe outcomes, as demonstrated by the 'TikTok Psychic' case.
Notable Moments
Emily D. Baker's passionate critique of KUTV's misreporting on the Taylor Frankie Paul case, highlighting how omitting a single word ('several') fundamentally changed the meaning of the DA's statement and created public confusion.
This moment underscores the critical importance of journalistic accuracy in legal reporting and how even minor editorial choices can profoundly impact public understanding and discourse around sensitive legal matters.
The host's detailed explanation of the 'fuck around and find out' equation, where a defendant's audacity and persistent refusal to cease harmful actions directly correlate with the severity of the legal consequences.
Quotes
"If you cut words out, it changes the meaning. If you wonder why people have trust issues, this is why people have trust issues."
"The jury looked at the 'fuck around and find out' graph and went, 'Oh, this is a high level of fuck around.' That equates to a very high level of find out. And then they added some of what the audacity to the fuck around equation."
"Winning in court is just the first part of it. What happens next is a longer part of it. And a lot of you are asking when does this become criminal? This is a civil case."
"If somebody perceives that they don't have anything to lose in civil court, it is very hard to make them stop."
Q&A
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