Following 14 hours of deliberations over three days, a jury convicted a Pacific Beach man Monday of six extortion charges and 21 identity thefts from his operation of a “revenge porn” Web site that displayed nude photos of mostly women which could be taken down with fees ranging from $299 to $350.
The jury of eight women and four men deadlocked on a conspiracy charge and another identity theft count against Kevin Christopher Bollaert, 28, but he faces 20 years in prison at his April 3 sentencing on the 27 guilty verdicts.
His now-shuttered Web site, YouGotPosted.com, featured nude photos of women and two men and their Facebook account information with their full names, ages, hometowns and work places. Anonymous posters made lewd, insulting, and sometimes threatening comments online under their pictures.
San Diego Superior Court Judge David Gill initially said he leaned toward letting Bollaert remain free on $50,000 bond until Deputy Attorney General Tawnya Austin asked that he be remanded into jail because of “potential harm to the community (as) he is a master of using the Internet.”
“His specialty is harm on the Internet,” said Austin. “This is an individual who has no moral compass.”
Austin told Gill that Bollaert was convicted in federal court of giving a wrong address on applications to buy 20 firearms, which were all seized by authorities. Bollaert is currently on federal probation and served 15 days in federal prison in 2014, his attorney, Emily Rose-Weber, confirmed to Gill.
Bollaert apparently intended to sell the guns over the Internet. Gill wondered if the probation restrictions limited Bollaert from using the Internet, and she said no.
“I don’t think he’s a danger to anyone,” said Rose-Weber. She also said he now lives with his parents in another state and they paid the $50,000 bond. Austin immediately replied he no longer had any local ties.
The judge ordered his bail increased to $500,000. Rose-Weber asked for a delay, and Gill said “he is going in right now.” Bollaert, wearing jeans and a black shirt, was handcuffed and led out of the courtroom by sheriff’s deputies.
Ironically, the 26-minute reading of the verdicts during the one hour, 16 minute hearing Monday was streamed live on the Internet, courtesy of KFMB-TV (Channel 8).
The jury’s verdicts also included two male victims, whose nude pictures were posted before the state attorney general shut down the Web site in September 2013. Underneath the photo of one man were comments suggesting he was gay, but his attorney told the jury Bollaert didn’t write those words.
Bollaert didn’t testify, but the jury got to hear his words when he was interviewed by authorities. “At the beginning, it was fun and entertaining, but now it’s just like ruining my life,” he told them.
Austin said Bollaert made $30,000 off the Web site before it was taken down. Bollaert has been sued by victims, and judgments have been entered against him as he did not hire an attorney or make an appearance in civil courts to answer the lawsuits.
Jurors left the courthouse without talking to reporters. One note to the judge revealed their impasse on the conspiracy count when they asked the judge if any of the posters to the Web site could be called co-conspirators. The jury forewoman said the last vote on the conspiracy count was 8-4 and 7-5 on the other count.
“You certainly were very diligent in your deliberations,” said Gill to jurors.
In her closing argument Jan. 29, Rose-Weber had argued for acquittal on all counts, saying he “created an opportunity” for other people to post nude photos and comments. She said Bollaert didn’t take any of the photos and did not know any of the people whose photos were posted.
“He is not legally responsible for actions of thousands of people,” Rose-Weber said in closing arguments. “He didn’t think he did anything wrong. He didn’t invent revenge porn.”
The defense called no witnesses. Rose-Weber told jurors no fraud was committed as the Web site was a business and various Web sites charge fees to post or pull items from it. She said the harassment that followed hundreds of women came from “third parties, ex-boyfriends” but not Bollaert.
“It’s gross, it’s offensive, but it’s not illegal,” said his attorney who argued it was basically “freedom of expression.”
Austin described Bollaert as “a puppet master,” adding “the very best criminals have others do their dirty work for them.” The prosecutor added: “He’s a vindictive person who takes pleasure in harming someone.”
Austin said the Web site was “not a bulletin board where ideas of freedom of speech” were debated.
Twenty six women and two men testified they learned their nude photos somehow got on the Web site and were told they had to pay $299-$350 to get them taken down. One woman told jurors she only had her nude photos available to several other women and did not know how they got leaked to the Web site.
Jurors also determined 14 special findings as true that alleged he committed “disclosure of private facts and invasion of privacy.” Trial testimony began Jan. 16. Bollaert is housed in the central jail.
