Wednesday, June 26, 2019

Another Witness, Another Statement

Elana Hill was our personal assistant at home during six of the ten years Mandy and I were together. She was there regularly from 2008 to 2011 and did odd jobs until 2013. Like every other witness, her story directly contradicts Mandy's in specific detail, and agrees in every way with all the other witness statements published here:


As the artist Zak Smith’s assistant, for the first year and a half, I did whatever was necessary to allow Zak more time to paint, write, and draw. I calculated his taxes, communicated with his gallery and bank, made travel arrangements, dictated his writings to aid in editing, organized his apartment, ran errands and prepared food. Since completing graduate school in 2011, I no longer work for Zak full time but I did side jobs and research projects for him when needed through 2013.  

In October 2008 I got to go to New York for the opening of Zak’s show “Midnight in the Empire”.  I stayed with friends in Prospect Park and when we arrived at Zak’s opening I met Jennifer outside.  She was rushing to try to change because she had some complicated story of missing her flight and being delayed.  I showed her to the back room of the gallery where I had stashed my purse and she changed as we chatted a little.  Jennifer was very excited about being at the opening and had come there by choice.  I had seen pictures of her before from the reference pictures Zak used to paint, where she was sitting, smoking, looking comfortable.  Nothing about her behavior suggested to me that she was being forced to be there or forced to have an ongoing friendship with Zak and Mandy. 

My time spent working in Zak and Mandy’s home gave me a candid and intimate perspective on their relationship. Zak spent countless hours trying to make sure Mandy was happy and comfortable, which she often responded to with apathetic behavior.  Because I was a part of the art world as well, and had friends in the Los Angeles area, I often invited Zak and Mandy to art openings which Zak would only attend if Mandy first approved.  As years went by and Mandy had more trouble standing and walking for long periods of time, Zak would only attend if Mandy wanted to go and I remember an occasion where Zak and I struggled (almost comically) loading Mandy’s extremely heavy electric wheelchair into the back of my Subaru Forester so we could go to openings in Culver City.  At that time Zak and Many lived in Little Armenia next to Hollywood.  Shortly after that Zak moved to an expensive loft in Downtown Los Angeles so Mandy had more mobility to get around in the wheelchair.   I use these examples to show I saw endless circumstances in which Zak did everything in his ability to be considerate of Mandy’s feelings and accommodate her needs.  As someone who was in their home daily for years, I observed their relationship more than most and I believe as someone who had a strictly professional relationship, I have a clear and unbiased impression of their life together.  I cared about Mandy’s comfort and feelings greatly as well because she often found reasons to try to attack Zak and complain that he didn’t do enough for her, like when she said she was hungry if he couldn’t guess the best dish she wanted from a take-out place she wouldn’t eat it and would complain to him about it until one of us got or made her something else.  This, I believe was done intentionally so she would have his attention instead of him focusing on work.  Zak is incredibly straight forward about his preferences to the point of being blunt, but he never forced Mandy to do things she didn’t want to do.  Zak was always very level-headed and extremely routine-oriented. He was a night-owl so he would often wake up in the early afternoon and work on paintings or writing until late at night. Despite his counter-culture visual appearance, Zak does not party or have an aggressive attitude. Zak is very intellectual and has an incredible work ethic, constantly listening to lectures and books or articles out loud while painting.  Mandy usually put on headphones and played video games until she needed something from Zak.  Zak completely took care of Mandy, paying all medical bills and rent as well as for food and household items. I know this because I was often responsible for checking the mail and writing checks for Zak to sign. I also helped prepare his taxes so I know he paid his and Mandy’s living expenses as well as travel costs.  Any money Mandy made herself went to wigs or toys or something only for her.  In my opinion Mandy was making decisions independently and constantly asking Zak to take care of all her needs.  Numerous times I witnessed Mandy suggest that she would like to act in a pornographic scene with another girl, explaining to Zak after the fact that she was in communication with the girl and informing which day Zak had to get them a taxi (Uber wasn’t around yet) to meet the girl Mandy had been talking to, or which day she was coming over.  I also know that if a girl was interested in Zak and asked to fuck him he would say “You have to talk to Mandy first.” And he would leave it at that.  The two times in 11 years of knowing Zak that we hung out at art openings without Mandy he never said a word about other girls in a judgmental or suggestive way and never tried to connect with or hit on women.  

Zak undeniably loved, respected and cared for Mandy.  Mandy choosing to attack Zak like this is appalling, which is why I am writing this. I am shocked and horrified by Mandy’s actions to destroy Zak’s reputation, social life and career.  Zak and I text when we get a chance and he was supposed to come to my wedding in Napa (where I now live) last April. At the last minute he said he couldn’t come and admitted after the wedding he was going through a hard time, which is when he finally told me about all of these terrible accusations led by Mandy and her desire to ruin Zak’s life.  I immediately offered to write a statement because I think it is scary and sad that such untrue rumors can be propagated and spread so quickly.  Mandy is taking advantage of the fact that Zak lived a fairly private life.  Private because he was always working so hard to support himself and Mandy, but their life was not private to me. I was there. Daily. Among other tasks I paid their bills, washed their clothes, met their friends, interacted with Zak's gallery. I saw their lives from the inside and the only abusive behavior I ever saw was by Mandy towards Zak.  As Zak worked tirelessly to support her, and cared for Mandy as she became more ill (mentally and physically) she often treated him like shit.

This is a copy of her legal declaration:



Wednesday, June 12, 2019

I'm Suing

On the morning of June 11, 2019 I had one of my lawyers file a defamation claim against Mandy with the Superior Court of Justice in Ottawa for her Facebook post (CV-19-00080461-0000 - Ottawa Cour Supérieure de Justice). What we say there matches what I've said all along: the various allegations in her Facebook post are false.

If you're wondering why it took so long, it was because I was making sure I tried everything else first to reverse the harassment campaign Mandy launched: I put out statements from witnesses and evidence disproving her claims, people familiar with the case took on the accusations all over the internet, Mandy's own family even sent letters to the companies that had sanctioned me saying that Mandy wasn't telling the truth, and the witnesses made themselves available to the public to be questioned. Especially within the game community, those responsible for spreading Mandy's false accusations ignored the evidence, actively took steps to cut off communication and refused to investigate. Litigation was the only effective option left.

Since there will likely be some response to this announcement on the internet, here's a note of legal advice: When Mandy's initial attack post came out in February, many folks (especially gamers) repeated her accusations--and piled on others. If anyone does that again now, months later, it only makes it easier to sue them for defamation than it already is.

Also, repeating easily-disproved statements that show you didn't do any research ("Zak is a trust fund baby"  etc.) likewise makes it easier to establish in court that you didn't make any good-faith attempt to check your facts before making a public attack.

-Zak