Legal

Ashton Kutcher took the stand Wednesday in a murder case, and his testimony could be crucial in the case of a man prosecutors call a "serial sexual-thrill killer."

Kutcher was in an L.A. courthouse testifying in the trial of Michael Gargiulo -- aka the "Hollywood Ripper" -- who's accused of attacking 4 women with a knife and killing 3 of them over the span of 15 years.

Among them is Ashley Ellerin, a friend of Kutcher's who was supposed to be his date to a Grammys after-party in February 2001 but never showed. Kutcher reportedly went to her house to check on her but she didn't answer, so he left.

Ashton testified that he had met Ashley through a friend and he had gone to her house a few weeks before the Grammys to a housewarming party for her. He characterized his relationship with her as "an acquaintance," although he did say he had some interest in her.

Kutcher said the night of the Grammys was the first time he had thought he might pursue her in a dating relationship. He told the jury at around 7:30 PM he called her to say he was going to a friend's house to watch the show and then come to her home.

He said at 8:24 PM they talked and she said she had just gotten out of the shower and was going to blow dry her hair and they would meet up later and maybe go out to dinner. He called her at around 10 PM and believed he left a message saying it was getting late so they would not have dinner but just drinks.

Ashton says he went home, walked his dog and went to her place at around 10:45 PM. He knocked on her door but no one answered. He looked through a side window and saw what he thought was red wine spilled on the floor. So, he left.

The next morning Ashley was found dead in her home outside her bathroom, with more than 47 stab wounds, and authorities say Gargiulo was the murderer.

Ashton appeared in court wearing a blue suit and appeared relaxed on the stand.

The alleged serial killer is also accused of killing his 18-year-old neighbor, Tricia Pacaccio, back in 1993 when he lived in Illinois. Gargiulo moved to L.A. in 1998, but authorities say the killing didn't stop.

He's accused in Ellerin's death in 2001 and the 2005 murder of his neighbor, Maria Bruno, who was stabbed 17 times.

Gargiulo allegedly attacked another neighbor, Michelle Murphy, in her Santa Monica home in 2008, but she managed to fight off the attack and call 911. Blood matching Gargiulo's DNA was found at the scene.

Unless DaBaby's willing to fork over $22k, he's got a show to make up in New England ... this according to the promoter that feels it got left holding the bag when the rapper bailed.

We broke the story ... DaBaby's security's accused of violently punching a man's face and head outside the Centro Night Club in Lawrence, MA last Friday night after the fan allegedly got aggressive when he was declined a photo with the rapper.

Interesting thing is, the guy who got pummeled is a fellow rapper named Don Trag ... who opened for DaBaby at the concert. DaBaby never took the stage -- he bounced after his crew's altercation with Trag. But, NTS Entertainment says he took the $22k he was paid for the show anyway.

NTS tells TMZ that's all fine and good ... as long as he reschedules and comes back to do a show at a later date. The company says it's in the early stages of negotiating with DaBaby, but would be willing to book the gig at a different venue in Boston or Connecticut.

We're told NTS expects to work it out with the rapper and hopes to avoid getting lawyers involved ... but we've learned Traq has already lawyered up and he's going after DaBaby for the vicious attack.

Sources close to DaBaby tell us his contract specifically states ... if his safety becomes a concern he has every right to leave. We're told his side feels the venue failed to provide adequate security to keep overzealous fans like Trag at bay ... which is why his crew had to handle it.

NTS confirms the contract mentions DaBaby could leave if he felt security was inadequate ... but not that he could take the money and run without performing. It also denies there was any security risk.

If both sides fail to come to an agreement, NTS tells us it would have no choice but to take legal action for breach of contract, but it really just wants DaBaby to do the show down the road.

As for the beatdown outside the club ... Trag's family says he's still dealing with his injuries. His mother originally told us he was in a coma and in seriously bad shape ... and they've been in touch with lawyers about the incident.

3:20 PM PT -- Jenelle and David just walked out of court without saying a word to anyone, and they left without their children.

7:30 AM PT -- We now have inside information in the custody case. Sources connected to the case tell TMZ, this is actually the 4th hearing, and so far Jenelle and David have been shut down by the judge. We're told their lawyer has been arguing Child Protective Services can only keep the couple away from the 3 kids for a very limited period of time, but the judge has said the only issue is what's in the best interests of the kids, and if David poses a danger to them.

We're told in the case of 4-year-old Kaiser, his dad, Nathan Griffith, is fighting for custody because he believes Eason has mistreated him. Nathan currently has physical custody after the child was removed from Jenelle's home. Our sources say Nathan wants Jenelle to visit Kaiser, but only if David isn't around. She has rejected that offer but does FaceTime with her son.

Jenelle has asked that Kaiser be removed from Nathan's home and placed with a friend, but no evidence has been presented that Nathan poses a danger to Kaiser so he continues to have custody.

All 3 kids are currently in court ... it's the only time Jenelle has been able to see them since they were removed from the family home after David brutally killed the family dog.

The hearing starts at 2 PM ET, so stay tuned.

Jenelle Evans and David Eason are back in a North Carolina courthouse fighting to get custody of their children -- but the fact they're doing it together might be their biggest hurdle.

We got the couple Wednesday morning on their way into the Columbus County Courthouse where there's a hearing scheduled to discuss the 3 kids CPS removed last week -- 4-year-old Kaiser, 9-year-old Jace and 2-year-old Ensley -- after David bludgeoned and then shot and killed the family dog, Nugget.

David and Jenelle were in this same courtroom last week, but had to leave without their kids ... who are now all staying with various extended family members, including Jenelle's mother, Barbara.

Based on everything we're hearing from various people involved in the case ... Jenelle has a choice: stay with David or get back her kids.

We asked Jenelle about making that choice on her way into court -- she did not respond.

We're waiting to see what happens in the hearing.

Nipsey Hussle's first baby mama will object to the appointment of the rapper's brother to administer his estate, and might even ask that SHE be appointed administrator, if the hearing goes down as planned, and millions of dollars are on the line ... sources connected to the case tell TMZ.

Sources connected to Tanisha Foster tell TMZ, she will not accept Sam Asghedom, Nipsey's brother, as the manager of the late rapper's fortune, which Sam estimates at $2 million. Sam filed legal docs, saying Nipsey died without a will, and he wants to be appointed the administrator of his brother's estate. A judge is set to rule on Sam's request June 10.

Under California law, Nipsey's children would share equally in his estate. In addition to 10-year-old Emani, the child Nipsey had with Tanisha, he left behind 2-year-old Kross, who's mother is Lauren London. So, each would get around $1 million, less fees and taxes.

Tanisha is fighting for custody of Emani, and if she's successful, she would have some power in handling the money and would probably be entitled to use some of it to provide for the child. A judge has temporarily blocked Tanisha from having physical custody of Emani ... the child is currently living with Nipsey's sister.

Jay-Z is being sued by a former Roc Nation Sports boxer -- who blames Hova and the company for the severe brain injuries he suffered after taking 3 fights in 79 days.

The boxer behind the lawsuit is Daniel Franco -- who claims he signed a deal with Roc Nation Sports back in 2015 ... and won his first 5 fights with Jay-Z's company.

But, the problems started in March 2017 ... Franco claims he came down with a bad flu before a big fight which sidelined him from training for 3 weeks.

Franco claims he told Roc Nation he needed to postpone or cancel the March 23 fight -- but Roc Nation pressured him into fighting anyway.

Franco says he lost badly in the 3rd round and should have taken time off to recover ... but instead, Roc Nation booked him to fight again 50 days later on May 12.

Then, Franco claims Roc Nation booked him for a third fight just a month later on June 10 ... his third fight in 79 days.

But, Franco claims Roc Nation never took the steps to make sure he was medically fit to take that third fight ... and it could have cost him his life.

In the court documents, Franco claims he believes he suffered 2 skull fractures and a brain bleed before the June 10 fight that could have been detected.

Instead, Franco says he fought on June 10 -- and lost again -- suffering major damage in the process.

Franco claims he was diagnosed with a brain hemorrhage and went into a coma. Doctors needed to remove a piece of his skull to relieve pressure from the bleed.

After 2 weeks, Franco awoke from his coma but claims he still has severe neurological and cognitive issues ... and is required to wear a helmet at all times to protect his brain.

In his suit, Franco says Roc Nation and Jay-Z had a duty to protect him -- but instead acted recklessly by scheduling him to fight 3 times in 79 days without "necessary medical testing."

He's asking for unspecified damages.

Kim Kardashian West was destined to spearhead criminal justice reform and free prisoners; she just needed a spark ... according to Alice Marie Johnson, the woman who provided that spark.

Alice joined "TMZ Live" Monday to talk about Kim's continued efforts and success in getting non-violent drug offenders out from under life sentences. She says she's incredibly proud -- and impressed -- by what Kim's doing ... but not surprised.

We broke the story ... since helping Alice get out of prison last year, Kim's helped free 17 more inmates over a recent span of 90 days.

She's also studying to become a lawyer so she can be better equipped for her charitable work.

Alice tells us she believes this passion was always inside of Kim waiting to be unleashed, and once she took a chance on her case -- and took it all the way to the White House -- the floodgates were opened.

Johnson's story is the subject of her new memoir 'After Life' ... and Kim's role is obviously significant. Kim also wrote the foreword for the book, and Alice says it's a must-read thing of beauty ... straight from the heart.

Nipsey Hussle's baby mama is a wanted woman -- with a lengthy criminal record -- after she recently skipped out on a court appearance in a DUI case.

Tanisha Foster was busted for DUI in Los Angeles a couple years back. She pled no contest to one of the charges and was sentenced to 3 years probation. Foster missed a court date for the case on May 15 -- her probation was revoked -- and a bench warrant was issued.

The DUI arrest isn't the only thing on Foster's record ... in 2007 she was busted for vandalism, annoying phone calls and disturbing the peace. Those charges were eventually dismissed after she completed her probation. In 2006, she was arrested for resisting arrest and disturbing the peace.

The arrest warrant comes in the middle of a nasty back and forth with Tanisha and Nipsey's brother and sister. Nipsey's siblings are asking for custody of his 10-year-old daughter, Emani, claiming Tanisha isn't a stable parent.

Both sides were in court for an emotional hearing Tuesday. Tanisha broke down in tears saying it had been months since she spent time with Emani. A judge cleared the courtroom and gave the two 20 minutes together.

Blac Chyna insists she was the victim, not the aggressor, in an altercation with her hairdresser -- which means exactly what you think it does ... Chyna's gearing up to sue her ass.

Sources close to BC tell TMZ ... her team has spoken to detectives about last weekend's hairdresser brouhaha and told authorities the woman "pulled a Jussie Smollett" by filing a false police report.

We're told BC's adamant she was the victim of an attack and not the other way around. She claims she suffered damage to her home and her Rolls-Royce when the hairdresser hurled soda cans. The house damage is a window ledge, we're told -- and the car damage is a banged-up bumper.

Might sound like much, but remember ...we're talking about a Rolls.

Chyna also denies pulling a knife during the incident, and as we've told you ... there's no video evidence so far showing she wielded a weapon.

Our sources say once Chyna is back from NYC -- where she's been hanging out with Wendy Williams -- she plans on getting with her legal team and filing a lawsuit against the hairdresser. She also has an appointment to get an estimate on the damage to her car and home.

As we reported ... Chyna is listed as a suspect in the police report for assault with a deadly weapon, and because her 6-year-old son, King, was at the house during the fracas, the L.A. County Dept. of Children and Family Services got involved.

Britney Spears may be in the eye of a social media firestorm, but her conservatorship is working 24/7 and it's business as usual.

Sources with knowledge of the conservatorship tell TMZ ... Britney and her dad, conservator Jamie Spears, talk at least 3 times a day, often at Britney's behest. There have been reports Britney and Lynne Spears have squeezed Jamie out of his daughter's life, but it's not the case. In fact, we're told she's actually calling him "more than usual."

As for how the conservatorship runs ... we're told it's the same way it's run for 11 years. Britney fills her day with massages, acupuncture, facials, hair appointments and caring for her 2 sons.

She's free to come and go as she pleases, with certain restrictions. Security follows Britney at all times, but they don't meddle unless there's a red flag. For example, we're told liquor stores are off limits. You'll recall, Britney had issues with alcohol back in 2008 when she went into a tailspin.

There are other restrictions that Britney doesn't like, but they're in place nonetheless and haven't changed. Most notably, she really wants an iPhone, but we're told Jamie has put the kibosh on that because of concerns over social media and people with ulterior motives contacting her. Britney has taken the issue up with the judge -- as recently as a week ago Friday -- but the judge sided with Jamie.

Britney and Kevin Federline still have 50/50 joint custody of their sons ... the actual time week-to-week has gone back-and-forth for various reasons, but the formal arrangement hasn't changed.

As one source put it, "Britney does what she wants. The conservatorship protects her, but with a few exceptions it doesn't restrict her in her day-to-day life."

Jay-Z didn't bother reaching out to a musician whose song he sampled on one of his most popular albums, and now the dude wants his all these years later ... according to a lawsuit.

Soul artist and guitarist Ernie Hines recently filed suit against Jigga, Roc-A-Fella Records, Sony Music and Timbaland -- who produced the track Ernie's griping about -- claiming they jacked one of his songs from back in '69 and used it on Jay's 1998 record "Vol. 2... Hard Knock Life" without his permission ... and without ever paying him.

Hines says his track "Help Me Put Out the Flame (In My Heart)" was sampled for the 'Vol. 2' song "Paper Chase" ... but he didn't even become aware of it until last year.

In the docs, obtained by TMZ, Hines asserts that he's a senior citizen -- he is, the guy's 81 years old -- and that he doesn't listen to rap music ... only learning about the alleged unauthorized use of his song in 2018. Presumably, that's his excuse on why he's doing this now, well past the statute of limitations.

Funny enough, 'Paper Chase' is listed on Tidal as having sampled 'Help Me' on a specific sampling page that lays out all the songs used to make that classic album. So, there's no question Timbaland used it to produce Jay's track.

There's more ... Hines claims Timbaland also used 'Help Me' on Ginuwine's 1999 album, "100% Ginuwine" -- once again without his permission or without any payment. Interestingly, Ginuwine isn't a defendant on the lawsuit.

One of R. Kelly's alleged victims secretly testified against the singer in front of a federal grand jury that could indict him for tax evasion and sex trafficking.

Sources close to the case tell TMZ ... Faith Rodgers recently testified for a grand jury convened by U.S. Attorneys in the Southern District of New York, and we're told more witnesses are expected to provide testimony against Kelly soon.

No way to know what Faith told the panel -- federal grand jury proceedings are notoriously top secret -- but she's previously alleged Kelly gave her an STD and sued him last year for false imprisonment and sexual battery.

Faith was also featured in the Lifetime docuseries "Surviving R. Kelly" ... and afterward she claimed Kelly posted private photos of her and sent a notarized letter threatening to reveal details of her sex life in retaliation for her talking publicly.

As we've reported, there are 2 Kelly probes currently underway in New York -- one by the Eastern District and another by the Southern District -- which is in addition to another case the feds are building in Illinois.

We're told next week witnesses will testifying for a federal grand jury in Illinois, where Kelly is being investigated for tax evasion, obstruction of justice and sex trafficking.

We reached out to the U.S. Attorney's Office, but it declined to comment. Faith's attorney, Gloria Allred, would not confirm or deny her client testified.

Kelly's crisis manager, Darrell Johnson, says ... "Mr. Kelly feels like the devil is working overtime in effort to try to destroy his musical legacy for selfish, personal enrichment. We feel everything will line up right on track when it is all said and done."

Jenelle Evans and her husband, David Eason, showed up in court Thursday to fight a judge's order that removed her 3 kids from the family home. About 15 minutes before Jenelle and David left, several kids with blankets over their heads were placed in a CPS vehicle and driven away.

Jenelle and David were in no mood to speak as they left the courthouse in Columbus County, North Carolina.

As we reported ... Ensley was the last of Jenelle's 3 kids to be removed from the home she shares with David. Ensley was removed just days after a judge ordered that 4-year-old Kaiser be removed from the home and 9-year-old Jace as well. Jenelle has visitation rights with Jace -- her mother, Barbara, has custody -- but the judge doesn't want Jace near Jenelle's home.

The removal came on the heels of CPS launching an investigation after David brutally killed their dog ... after it nipped at Ensley.

Our sources say as of Wednesday Jenelle was still living with David. She is not the target of the CPS probe ... it's all about David and his violent temper.

11:36 AM PT -- A family source tells us Ensley is "out of the house."

Jenelle Evans and David Eason's 2-year-old daughter, Ensley, is at risk ... at least that's how a North Carolina judge sees it, and has now taken action in the wake of David killing the family dog.

Law enforcement sources tell us the Dept. of Social Services -- which includes CPS -- served a judge's order Tuesday directed at Jenelle and David.

As we reported, CPS was in the process of removing Ensley from the family home -- and she might be gone already, but we haven't been able to confirm that.

This follows the stay-away orders imposed on two of Jenelle's other kids, 9-year-old Jace and 4-year-old Kaiser. Jace is currently with Jenelle's mom, Barbara ... while Kaiser is with his father's family.

CPS has had its concerns about all of the children ever since learning David brutally killed their dog when it nipped the little girl a couple of weeks ago.

There were delays in getting the children, though, because the agencies were afraid to go on Jenelle and David's property due to David's violent history.

Kylie Jenner is officially trying to get her hands on just about everything under the sun ... filing docs to take over the hair industry.

Jenner has applied for a trademark for "Kylie Hair" -- a line to include hair care products -- shampoos, conditioners, oils, gels, mousse and dye. Kylie's plans don't just stop at what to put in your hair, she's also trying to lock down products to style it too ... dryers, curling irons and brushes.

Kylie's older sister, Kendall, also recently filed docs to trademark bags, clothing and hair accessories under her own name.

Kylie Cosmetics is already a giant brand -- it's made her a billionaire -- and Kylie Skin is set to be a massive success as well.

TMZ broke the story, Kylie filed to trademark "Kylie Baby" earlier this week ... a line to include strollers, cribs, bouncers, bottles and a whole lot more.

The Kylie Empire continues to spread its wings.

NBA legend Paul Pierce is being sued over an altercation with a security guard in the stands at the Conor McGregor vs. Khabib Nurmagomedov fight ... TMZ Sports has learned.

The man behind the suit is Christopher Mostello -- who was working security at the T-Mobile Arena on Oct. 6, 2018, for UFC 229 when he got called over by a supervisor to respond to an incident involving Pierce.

Mostello claims he rushed over and was told Pierce had gotten aggressive and physical with the security supervisor -- a woman -- because she had asked for his ticket before allowing him back to his seat.

Mostello claims he was told Pierce grabbed the woman by the arms and pushed her to the side -- so he stepped in front of Paul to try and stop him.

But, Mostello claims Paul didn't stop -- instead Paul screamed "F*ck you" and accused Mostello of being a racist.

Footage of the altercation was captured by other fans in the stands and posted on TMZ Sports -- where you can clearly hear Pierce call the man a racist.

Mostello claims he's NOT a racist -- and he only engaged Pierce in the capacity of doing his job.

Now, Mostello claims his reputation has taken a serious hit and he's been subjected to public embarrassment, harassment and ridicule.

In the suit, filed by attorney Jesse Sbaih, Mostello accuses Pierce of defamation and intentional infliction of emotional distress. He's demanding more than $15,000 in damages plus attorney's fees and other costs.

Britney Spears ex-manager isn't letting a little restraining order stop him from sounding off about her conservatorship ... and Sam Lutfi firmly believes she's getting closer to freedom.

Lutfi walked into LAX Tuesday and was immediately peppered with questions about his former client and her conservatorship. As you know, Britney was in court last week asking a judge to give her more control of her life. Although the judge denied her, for now, Lutfi says he thinks it's just a matter of time.

As for the restraining order -- which requires him to stay 200 yards away from Britney and her family -- Lutfi insinuates here that Brit's dad, Jamie Spears, got it simply because he has a "personal" beef with him.

It's no secret ... Britney's family blames Lutfi for taking her down a bad path back in 2008 when she spiraled out of control and had her breakdown.

But, watch the video ... Lutfi is under the impression that, these days, he and Lynne Spears just might be on the same page when it comes to Britney's well-being.

As Britney's camp stated in the restraining order ... they believe Lutfi's been a key figure in stirring up the #FreeBritney campaign. He certainly seems to be leading the cheers in this clip.