Karl versus Billy: Day 1

by ersatz_cats

And we are underway! Before we get into what transpired on the first day of the defamation trial between disgraced cheater Billy Mitchell and YouTube champion Karl Jobst, I’d like to lodge a personal note. Usually when I write, I like to take my sweet time, really flesh things out, edit my work into what I think is its best form. But I also don’t usually try to post like six write-ups in six days, lol. So this week, you’ll be getting served some raw, undercooked ersatz.

Let me also be clear up front that Monday, on the whole, will probably turn out to be the most procedural, least interesting of the days, for reasons I’ll get into. I’m here to report facts, not to clickbait you. Still, we did get some spicy stuff by the end of the day. Also, as usual, I’ll be choosing to go into more detail for those who want it. Besides, these are being written on short turn-around, and to turn an old phrase, I don’t have time to write something shorter. So if you’re interested, read on as I turn my twenty-one pages of hand-scribbled notes into a cogent timeline.

Rather than continually saying “Read my last update for more on that”, I will just assume you have read my “Day 0” post. For these court updates, I will not be clarifying or re-introducing every element that’s already been discussed.

Oh yeah, one last opening caveat. Normally I’m very careful when making direct quotes. If you read my stuff, you’ve seen me declare paraphrases many times. If I’m transcribing a video or something, I confirm that shit multiple times. But for these hearings, you hear it once (pun always intended), and it’s done. So what I’m saying is, my quotes may not be exact. Any quote I’m unsure about I’ll frame with brackets, like [“I’m Billy Mitchell, and I’m a stupid cheater who lies about everything.”] Those brackets mean “This conveys the meaning of what was said, but I don’t swear it to be the exact words.” (And obviously my example there was a joke.) But if in these court updates I put free-standing quotes, that means it is quoted verbatim. (Even still, obviously I can make mistakes, and I can also hear things differently than the court reporter.)

Alright, let’s get into it!

IN THE BEGINNING

I was a bit worried that I’d be like the only person attending this Donkey Kong nonsense who wasn’t one of the parties. But to my pleasant surprise, when I showed up, another of my ilk was already waiting outside Courtroom 38 on the 9th floor. It was a nice waiting lobby, which unfortunately I was told I was not allowed to photograph. I introduced myself, and we got to chatting about the case. A few more folks showed up, and joined the convo. It wasn’t until much closer to trial time that Billy and Karl appeared through the nearby elevators. Karl arrived with a circle of family and friends, while Billy came “alone” in the sense that it was just him and his attorneys. Note that, since his son Junior is slated to be a witness, he cannot attend until he is called, even if he’s in Brisbane. However, no reason was given for the absence of Billy’s wife, Evelyn. Oh, and for those who had betting pools going, Billy wore his West Point tie from that Florida video with Judge Frink.

We began to file in. As a visualization aid, the back of the courtroom had two rows for individual seats (not benches), with the back row being an exceptional squeeze. These seats were parted, with 22 total on the left of the door and 10 total on the right; this was likely just due to where the door was placed. As an American, I’m used to the parties themselves (Billy, Karl) sitting up at tables with their attorneys, but here, they actually sat in the back with the rest of us. Karl, dressed in sharp black, sat in the front left corner of the ten seats on the right. Billy, in his usual black suit, sat deep toward the left. Instead of one or two attorneys, each side has solicitors (who deal with and sit with the client) and barristers (who sit up front and deal with the court) and other Australian nonsense I’m only pretending to fully understand.

The judge entered at 10:02am, and immediately he and the barristers start talking about how the trial is scheduled for six days, but the material looks to cover seven. Karl’s barrister (hereafter “KB”) handed in their 5th amended defense, then raised two issues that will become pertinent during the trial. We’ll discuss this in a separate update, but the gist is as follows: Jace Hall was given an Australian subpoena to appear as a witness for the defense (Karl). The judge notes that his court holds no jurisdiction over people in the U.S., to which KB adds that such subpoenas can be “domesticated” by U.S. attorneys to compel compliance. However, there’s an application by Billy’s U.S. attorneys to “set aside” that subpoena (“quash” might be the equivalent U.S. term). And hilariously, the “turn back” (turn around time) in the U.S. is not until after the trial is finished. At any rate, it remains an open question of whether Jace can/will testify. Again, more on that in another update soon.

The second issue was that, last night at about 6:08, Karl’s attorneys received correspondence disputing the proposed inclusion of deposition and discovery material from the TG case – even though (if I heard correctly) these materials were discussed by the attorneys back in July 2023. Surprise, surprise, Billy’s side go for last-minute tricks. As usual, Billy Mitchell hates evidence. What’s at issue is whether these fall under a protective order in the U.S. case, and whether that applies to their use here. (We’ve discussed that protective order here before.) KB noted his intention to cross-examine Billy based on those documents, and that he expects an objection.

For this first portion of the trial, the audience area was filled to capacity. The judge noted that the proceeding was being live-streamed to another room, and that they did not expect this much attention for this case. The Judge said it would be dangerous to livestream online given it would make the proceedings available to the many overseas witnesses.

“YOU’LL HEAR EVIDENCE”

From there, Billy’s barrister – “BB” – began a long, procedural spiel, summarizing what case they’re about to present. [“You’ll hear evidence that my client achieved world records in Donkey Kong and Pac-Man.”] [“You’ll hear evidence that my client sent a text message to Jace Hall.”] That sort of thing. Just a formal way of saying “This is the case we’ll be making.” BB was quick to note that the core issue of this trial is not whether Billy cheated, and that that issue should not be litigated.

BB discussed the different versions of the contested Karl video. The first 15 minutes was noted as not being about Billy directly, however that does reference him by way of comparison to Todd Rogers, so it was decided that the whole video would be played. As it was played, it was displayed on a large screen to adjacent to the left audience, on another large screen on the right behind the witness box, and another small screen adjacent to the right audience.

During this time, I peeked over at both Karl and Billy to gauge their demeanors. Karl sat coldly as video played. Billy pretended to be more interested in some paperwork in his hands. This is just my personal observation, but Billy looked exceptionally tired. And I don’t just mean sleepy or jetlagged. Like, spiritually tired. There was not a lot of life in that face as he sat there, not the center of most people’s attention.

We watched the whole video, as it originally was published, including the Skill Share ad, a clip of Omnigamer and the “Human Element” icon, and the grand introduction of “Todd Togers”. While the audience was respectfully quiet for the most part, you could hear a few audible reactions during this passage from the video:

He also hired a lawyer in Australia and threatened to sue me, trying to extort me for $150,000. In all likelihood, if he is not stopped he probably will sue me eventually. And now, of course, he is suing David Race, for exposing him, and helping Twin Galaxies with their lawsuit. It’s really important to remember that Mitchell has never had a lawsuit actually go the distance and result in his favor. In the past, people would get too scared and comply, until he went up against the new owner of Twin Galaxies, Jace Hall, who is anything but a pushover. The only lawsuit that actually ended in a judgment was Mitchell’s lawsuit against Cartoon Network, which he hilariously lost. And trust me, he is going to lose every single lawsuit from here on out. People are fed up with being pushed around, and they are beginning to fight back.

It was deemed unnecessary to watch the totality of the later edits of the video, instead only showing the edited portions. BB discussed the thumbnail and various view counts (in total, or by region or demographic) accessible through YouTube. BB then listed various claimed imputations of the video, including that his client made Apollo Legend pay a large sum of money, that this left Apollo in debt, and that this led to Apollo’s choice to commit suicide. BB then concludes that the overall imputation from the video is that his client hounded Apollo Legend to his death – an imputation the defense denies.

BB then discussed the Apollo settlement, saying [“You’ll hear evidence that the settlement did not require Mr. Smith to pay any money.”] However, the judge, who is clearly brushed up on the details already, interjected that there was something of note in that settlement. Indeed, reportedly there was a clause outlining damages to be paid in the event of a breach of the agreement.

BB then cites Apollo Legend’s “Goodbye” video posted prior to his suicide. The judge asked the relevance, to which BB said it shows that Apollo did not blame anyone for his actions. There was a clear sense of discomfort from the audience as Apollo’s final video was played in its entirety. Apollo discussed preparations he’d made for his account to be accessible to friends and family, before asking viewers to tell your loved ones that you care. Later, one fellow attendee told me it was the first time they had ever seen that video.

BB discussed and showed a spreadsheet of anti-Billy comments gathered from YouTube, without going into detail on any specific ones. He then played Billy’s response video, also in its entirety. As I sat there, seeing 2021 Billy on the screen and the tired-looking 2024 Billy sitting adjacently, the contrast felt apparent.

BB listed alleged imputations again, including that his client is a person who would cheat. (I wonder how he got that reputation.) Notably – and this would seem to be an important legal distinction – is that the alleged imputations regarding Apollo’s death are of a “different sector” that those that already existed for Billy. In other words, [“The reputation of someone who pushes a person to suicide is in a totally different sector than that of someone who cheats at video games.”] BB argued that contextual truth can only be a valid defense if the imputations affect the same “sector”. Amidst this was some back-and-forth over objections from KB, with KB in his chair at one point giving BB a comically puzzled look.

BB discussed the TG score dispute, twice misstating the year of the dispute as 2019. (To be fair, my ear for Australian accents is not perfect, but I’m quite sure I heard 2019 twice.) He did correctly site 2019 as the year Billy first filed his California lawsuit against TG. BB added that the case was resolved this year, and that “You’ll hear evidence” that TG reinstated Billy’s records.

BB also cited the David Race call, Billy’s texts to Carlos and Jace, and Billy’s other lawsuit against TG in Florida, which he claims was about protecting jurisdiction. This introductory material was concluded around noon, and so the judge called a fifteen minute recess before we’d hear the first witness.

BILLY TAKES THE STAND

The case resumed with Billy being called to, as they called it here, the “witness box”. Admittedly, it felt very surreal watching Billy swear on some book or something that he would tell the truth “So help me God”.

Again, I’m going to choose to offer a thorough recap. If you’re not interested in Billy rattling off his claimed accolades (some of which are exaggerated or outright lies), then you may not find this section very interesting. Feel free to skip ahead.

We got to sit and listen to Billy tell all his usual stories about claimed video game achievements, hot sauce manufacturing, and being a movie celebrity. The same stuff you hear in every one of Billy’s many, many interviews. This was far and away the least interesting portion of the Day 1 proceeding. Indeed, the crowd had thinned out just a little at this point, enough that some seats were now open. Whereas Billy looked tired sitting there waiting for his turn, now that he got to tell his stories, he looked invigorated.

Of course, having listened to so much of his nonsense, and having researched the facts, I was able to identify the of lies tucked in. He claimed his score at the 1982 Life Magazine event was the first ever kill screen on Donkey Kong – something contradicted by many other sources. He claimed his 1999 Pac-Man game was [“history’s first perfect Pac-Man”]. A bit later, he claimed that in 1984 Twin Galaxies named him “Player of the Year”. As Billy rattled off numbers, BB had to interject to clarify that these numbers represented score points in video games. Oh, and of course Billy listed his cheated Donkey Kong scores as though they were valid achievements.

Billy told the story of meeting Walter Day in 1982. He is shown the Life Magazine photo, and confirms its authenticity. BB asks Billy if he’s in the photo; Billy appears surprised to even be asked that question, eventually offering an ironic “Yes”. The picture is then shown on the three screens, with the judge asking that each of these exhibits be shown for all in this manner.

BB asks what organizations recognized his scores, with Billy listing TG, MTV, Guinness, Aurcade, Namco, and Nintendo. Billy authenticated pages from the early Guinness editions. (For those who don’t know, when I say “authenticate”, trial witnesses are asked to confirm that the exhibits are what they are.) Somehow, Billy’s barrister failed to show that classic Guinness page with Mr. Awesome, though.

Billy was asked about tributes, and listed media appearances, including with MTV in 2003, and a 2006 MTV article about influential gamers. He kept referring to people and companies honoring him for “the good fortune I’ve had”. Billy seemed to credit a Donkey Kong tribute to “Namco” rather than “Nintendo”, although it’s possible I misheard. Oh, and while the court transcript likely won’t pick this up, he definitely referred to Pac-Man creator Toru Iwatani as “Eye-twanny”.

There was a moment where BB was trying to ask Billy about memorabilia, but it wasn’t getting through. Eventually KB objected to the questioning as leading. Billy listed various publications from Oxford American (“The perfect man”), CNN (“Neil Armstrong of Pac-Man”), Great Big Story (“Meet the man who beat Pac-Man”)

Billy was able to recall exact numbers of all these scores, and exact dates for many scores and pieces of recognition. One thing that immediately stood out to me as an American was that, at least at first, Billy was reciting those dates in Australian format – “3rd of July, 1999” instead of the “July 3rd, 1999” I’m used to. This was clearly a concerted effort to fashion his stories for the local audience. After a while though, Billy lapsed on this, prompting the judge to ask clarification for some dates.

(As an aside, the thing I didn’t notice, but which all the locals did, was the way Billy pronounced the city as “Bris-bayne”. Outside of court, a bunch of people were laughing. “How many times has this guy been here?”)

Billy was asked to list movies he’s appeared in. He gave full names for Chasing Ghosts, The King of Kong: A Fistful of Quarters, and several others. He portrayed himself in all but Fiddling Horse. Billy admitted King of Kong was the most successful, adding “My career was born out of King of Kong to get to those films”. Billy gave his own illustration of events of King of Kong, saying he “plays” antagonist while Wiebe “plays” protagonist. Billy said the first iteration of King of Kong was boring, and that the producer told Billy they’d have a lot more success if he’d lean into cocky personality, and so that’s what he did. Billy recalled meeting Wiebe at 2004 event, and contrasted it with the film’s portrayal. Billy disputed his portrayal in various scenes, including where he encounters Wiebe at Florida event. And yes, Billy pointed out that film portrayed Wiebe as first challenger to Billy, leaving out Tim Sczerby. Billy said he was happy to participate in the film, but he didn’t know how it would come out. And of course, Billy gave the usual lines about being recognized 6 days a week for Pac-Man, and every single day for King of Kong.

If this sounds like standard Billy Mitchell fluffery, that’s because that’s exactly what it was. Billy’s case relies on himself being able to portray himself to the judge as having all these accolades prior to Karl’s video, in contrast with the terrible fate that would befall him.

They discuss Billy’s invitations to the Australian Kong Off by organizer Jimmy Nails. Billy did not accept invites to the first two such events, but did accept for 2019. He claimed he received another subsequent invite for 2020, but that event was cancelled for COVID. Billy discussed how he got started streaming on Twitch. He claimed he “was told” he was the most successful arcade gamer on platform, drawing a prompt “hearsay” objection from KB. This led into story about how AKO3 streamed on Billy’s channel for higher reach.

Billy appeared to have exceptional recall when asked about various interviews he’s done with Australian and other international media, including a Zoom call with News 9 on TV. Billy listed the many public appearances he’s made internationally, including Japan, Canada in 1985, UK in 2005, France, Germany Sweden in 2004, and recent appearances in London. Regarding notable U.S. events, Billy listed every Free Play Florida from 2014 to 2022, SFGE every other or third year, conventions in North Carolina and Washington D.C., Funspot events, appearances at “Namco’s arcade” in Chicago and at Galloping Ghost. BB asked about paid appearances in particular, with Billy claiming he had 15-20 paid offers accepted per year, with more he couldn’t accept.

At this point it was 1pm. Judge called to adjourn for lunch until 2:15pm. I got to chat more with several individuals there to support Karl. Most of them were locals; I seemed to be the only one who had actually flown out from the United States to attend. We wondered if cross-examination (when Karl’s lawyers get to start grilling Billy) would begin soon, until we got word that cross was unlikely to start today. This prompted some folks, who were tired of hearing Billy endlessly congratulate himself, to take off for the day, resulting in a more thinned out crowd for the post-lunch stretch.

THE ANGRY VICTIM

This is where BB started to ask Billy to recall the events of the score dispute. TG editorial’s announcement was shown on screen. BB asks what Billy did in response, and Billy told story of assembling “evidence package” with “expert testimony”. A lawsuit claiming “defamation” and “false light” was filed on April 11th, 2019, because any later would be outside the statute of limitations. (I like that, in my handwritten notes, it says Billy would be “S.O.L.”) This package was sent to TG and Guinness with a retraction demand.

As to the effect of TG’s announcement, Billy said “The announcement hurt me for a short time.” He said one event cancelled, while others stopped calling. Alternatively, Billy said some called and booked him for first time.

Billy said he streamed on Twitch and “matched” each contested score and beat it, in a public venue. (I was waiting for his bald-faced lie that he hit those scores “exactly on the head”, but this time that line did not come.)

BB asked Billy about Benjamin Smith, aka Apollo Legend. Billy said that name first came to him in 2018. Smith said Billy had cheated to achieve scores, had edited DK tapes, said he owned Twin Galaxies, that he gave financial support to Twin Galaxies, that he bullied referees. Billy said none of those things were true. Billy was then asked to recall events of Retro Arcade Night, prompting the same story he’s told elsewhere. Billy said they confirmed the person dressed as Billy was Apollo, based on a series of tweets he posted the next day. Screenshots of the following three tweets were then shown on screen, albeit in dark mode:

Billy claimed he did nothing, but his friend Rob Childs was “fit to be tied”, and that Apollo had indicated he had, in Billy’s words, “illegally recorded”. Billy claimed to have no part in a cease and desist letter authored by Rob’s attorneys, simply taking it from Rob’s hand and reading it once. Billy did not hear from Apollo for a while after, which they had attribute to the C&D.

Around this time, Billy texted Jace Hall, asking something to the effect of [“What happened to your buddy Apollo Legend?”] (I could find the exact verbiage somewhere in the legal filings, but it’s late, and I want to get this posted.) Billy assumed Jace was familiar with the events at Retro Arcade Night, but then had to explain it to him, with Billy recalling that Jace called Apollo’s actions “clowntastic”. Jace expressed interest in a TG editorial piece on the situation, offered to quote Billy anonymously as “sources”, but Billy declined, and the piece was written without his involvement.

One night, Billy recalls returning from out of own, to learn that his wife Evelyn had seen in two places online that Apollo was dead. Billy said one of those places was Reddit, adding with a prefaced silence “… So I didn’t think much of it.” Billy recalled messaging Jace and Carlos “almost immediately”, confirming the authenticity of the contested text messages. BB asked Billy what he hoped to achieve with those messages. Billy’s story is that, by March 21st, things were more intense with the TG investigation, and that it was difficult to get people on the phone. So, according to Billy, he texted what was told to him, in a (in Billy’s words) “dark humor” way, with the purpose being to start a conversation. Three times total, Billy emphasized the term “dark humor”, going so far as to just utter those two words without any other context or sentence structure. Billy said he did not for a second believe anything had happened to Apollo. He added that nobody gets their news from Reddit, and that if someone disappears, you don’t just assume they’re dead.

At this point, Judge felt the need to interject. The Judge strikes me as a kind but professional older man, a bit reminiscent of “the criminologist” narrator from Rocky Horror Picture Show, played by Charles Gray.

Anyway, Judge admitted this was probably a stupid question to everyone else in the courtroom, but he had to ask clarification of what “Reddit” is.

As Billy continued to discuss Apollo, his voice hardened, and he got more emphatic for the first time these proceedings. He said something to the effect of [“I would never have said that about someone had they passed away”], adding that Apollo indeed hadn’t passed away at that time. (But as we’ve discussed before, Billy truly did not know that at the time.)

Billy recalled filing a defamation complaint against Apollo in Broward County Florida in 2020. Billy says he was uncertain how to proceed, but had to file it by that day or otherwise the Statute of Limitations would run out. (Note that Billy’s trying to have it both ways, filing frivolous million-dollar lawsuits against people while acting like he was merely confused as to what to do.) Billy recalls Apollo reaching out in June and speaking to Junior, although Billy claims he did not speak to him directly. Billy said Apollo agreed to take down all the videos, would hand over copyright, and would make a statement, although Billy himself was not interested in making a statement. They then showed the statement on YouTube:

BB asked if Apollo paid money, which got an answer of [“No money changed hands at any time, anywhere, regarding Mister Smith.”]

BB asked how Billy learned of Apollo’s suicide. He was contacted by a mutual friend, Keemstar. Apollo had posted goodbye video, Keemstar asked for Apollo’s contact info, which Junior had. They tried several times, but later learned it was already too late. When they got home, they looked online and saw Apollo’s message.

BB asked Billy for his response to the video. Billy claimed to have been stunned, and especially affected by watching it with his son. Billy added he would not wish it on anyone in the world, adding that it felt especially horrifying as a father whose has a son and daughter around Apollo’s age.

Billy said he first met David Race in 2010. Billy said David recorded 27 “I think” of his phone calls between 2017 and 2019, which Billy learned about at the end of 2020 when one call showed up in California proceeding. Billy said he’s suing David in Florida for those, but has no other involvement with David. Judge asked for clarification, which is that David sent the phone call to TG’s attorney. Billy authenticates Florida paperwork, noting that first filed complaint only listed the one call known about at that time, before being amended to include 27 total. Billy recalled being told David’s device records both incoming and outgoing. Regarding the particular phone call, Billy remembers it being 63 minutes. Billy is then shown a transcript, which only covers a portion.

This is where Billy went into an explanation of his wacky plot from the recorded phone call. Billy said, around March 23rd of 2018, he had become convinced TG was not doing a real investigation. Billy explained difference between a direct feed recording and over-the-shoulder. Billy recalled that his plan was to make two recordings, and have a third party anonymously mail one to TG. Billy said TG would immediately publish it, because “that’s what they do”. Billy said the community would then pick it apart, call it fake, that they’d just assume it was an old game that matched that score. (Yes, this is preposterously dumb, but when you get caught hatching a preposterously dumb plan, I guess your only option is to just own it and act like it makes sense.) Then, Billy said he would show the new tape, and that would show the community to be fraudulent. Billy again tried to emphasize the alleged failure of TG investigation, saying that Jace said he would not talk to witnesses and that he knows more. After a KB objection, Billy was asked if he intended to pass off those tapes as proof of old scores, to which Billy said “No”.

On Feb. 2, 2020, Billy claimed again to be unsure what to do with the looming Statute of Limitations, and so he filed the lawsuit against Jeremy Young and Jeff Harrist. Billy said he never served them, and allowed them to expire. Billy also claimed to be unsure how CA jurisdiction would work, and so filed against TG in Florida to preserve that as an alternative venue, but said he never served that because jurisdiction was established in CA.

Billy was asked to authenticate his threat letter to TG and Guinness, although he adds that Guinness was not a party to any lawsuit. Guinness made a reinstatement announcement on all social media in June 2020. There was some confusion as to whether this happened on June 17th or 18th, based on displayed dates on some of the page captures presented. Billy said that after the Guinness reinstatement, “the media broadcast was tremendous”, while conveniently leaving out his own role in hiring a publicity firm. Billy claimed to have followed media until he hit 100, then stopped looking for it, prompting BB to ask Billy to clarify what “hit 100” and “it” referred to. Outlets listed included Washington Times, CNet, and Kotaku Australia (which was described as “an Australian gaming organization” rather than a gaming site with an Australian page).

Billy was asked if, after Guinness announcement, there was a change to invitations to events. Billy said a couple outlets immediately booked him, and that it was a “very positive time”. Billy also listed new partnerships with All Elite Wrestling and Anstream in the U.K. (This would seem to be Billy’s strategy for splitting hairs between the effects of the TG statement and Karl’s videos, by putting a Guinness cleanse in between them.) Billy claimed that almost all these events were done in person, prompting a question from Judge how that worked with COVID. Billy addressed this by saying his home state, and events there, had laxer masking and lockdown laws.

BB asked Billy how he first heard of Karl Jobst. BB recalled that it was various tweets by Karl in June 2020, responding to the Guinness reinstatement. Billy claimed his response to these tweets was to contact an attorney in Australia, to get him up to date. Billy said it was later brought to his attention that Karl had made “defamatory” videos, so he had lawyers send a concerns notice, which Billy authenticated. Billy claimed video implied that Billy had bribed Guinness to get records back.

BB asked Billy if Karl had responded to the concerns notice. Karl had, by posting it to Twitter, with a Google Drive link to the notice. Again, they show the tweet:

Billy said he next heard from Karl in May 2021, when he put out a video titled – and Billy did read out the title – “The biggest conmen in video game history strike back”. Billy said “My son told me about it, then we watched it.”

…

…

…

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“My son told me about it…

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…then we watched it.”

Indeed, Billy added that he watched this video about him three times, immediately.

This is where Billy’s voice really began to change, and he started playing up the aggrievement. You see, Billy’s incapable of portraying himself as a sympathetic victim, so instead he has to do this whole dance of “I’ve done everything I can, this is totally unreasonable.” That’s a paraphrase, but what’s not a paraphrase is that Billy then claimed to be “absolutely angry”, “shocked”, and “totally lost”, adding “I absolutely got terrified”.

Billy claimed that Karl opened up an entirely new spectrum of damage, of hounding someone to death. Billy said he knew how to handle old stuff about video game scores, but that he had no idea how to handle this. Obviously, some of this language was… I’ll refrain from saying “coached”, but suggested, to play into this legal distinction.

Billy also played up the allegedly difficulty of responding to Karl directly. Billy said, you couldn’t talk to Karl, and anything you sent to him, he posted publicly.

In an attempt to illustrate how sick this made him feel, Billy then told a story about being unable to eat and hold down food, vomiting up anything he tried to eat. Billy claimed to have lost 25 pounds during two full weeks of this. Eventually, per Billy’s story, he held up a banana and was determined to at least hold that down, however it would come back up as well, prompting a trip to the hospital.

Now, when you research the Billy stuff as much as I have, you tend to notice a lot of patterns and repetitions. You really develop a spider sense for “I’ve heard this before, somewhere.” And while I can’t find it at present, I’m telling you, I feel very much like I heard this exact story from Billy before. I can’t identify where, but he hasn’t had to talk about his reaction to Karl (except perhaps on Twitch streams), so I’m not sure it would be attributed to that. Hey, I could be wrong. If you have any insight on that, lemme know.

Billy continued discussing effects. He claimed, as before with TG, that he had atrial fibrillation caused by stress and had to have surgery. He claimed to be “a champion sleeper”, usually able to fall asleep within ten seconds of his head hitting the pillow, but now couldn’t fall asleep, or would only sleep an hour and then be up. Billy claimed these effects went on for a month. Obviously, the point was to over-emphasize how badly Karl’s allegedly defamatory statements destroyed Billy’s life. Billy also said he was contacted by a friend in England, and by another friend Steve Grunberger in Australia. We were then shown a private message from Grunberger.

BB asked Billy about circumstances behind his response video, which his son shot and edited. Billy added again, quote, “I’m being completely honest with you, I was completely lost, I didn’t know what to do.” (I guess such happens when one spends their entire life being a bully and finally encounters someone who can’t be pushed around.) Billy raised his voice again, claiming the video had vicious allegations and lies.

Billy recalled Karl responding with tweets again. (Unfortunately, I’m not able to identify and track down screenshots of those exact tweets at this moment.) Billy noted that the offending bit was removed from Karl’s video after response video and tweet. However, Billy sent his concerns notice to Karl, prompting another tweet.

BB asked how tweet made Billy feel. Billy said he felt like there was nothing he could do, adding that when you can’t do something, it’s terrifying. According to Billy, every tweet was [“Since he’s in Australia, you can’t touch him.”] Billy added that Karl must have felt very comfortable, prompting a KD objection.

Billy recalled the original video going back up, causing him to feel completely helpless. Billy said there was nothing he could do. [“He put the words back into the video!? That’s incredible!”] Again, Billy could hardly contain his raised and exaggerated voice in the witness box.

Billy added that this affected every part of his life, with his lack of sleep causing him to lash out. Billy spoke of a local minister named Pastor John, who [“knows it all”].

BB asked if Billy read comments and he did. Every one was negative, and about how right Karl was. Billy said the worst focused on the suicide-related allegation, that he hounded Apollo to suicide. With raised voice, Billy said that every time he makes a video, comments always repeat same stuff from this original Karl video, [“He’s the guy who drove Apollo to his death”], [“He’s a killer”]. Billy added that Karl has done about 20 videos about Billy, without counting various third-party videos those have inspired.

The judge asked Billy if he needed a break. Billy gave a stern “No”.

BB asked about Billy’s business associates contacting him. Billy noted John Weeks, former owner of the pinball museum in Banning, as having to cancel an appearance after Karl’s video. Allegedly, Weeks was to pay Billy $50k to host their liquidation auction, and that this agreement was in place at the time Karl’s video was published. Billy added that Weeks specifically said it was because of negativity from Karl’s allegations. This led to Week’s email being shown on screen.

At this point, I began scribbling furiously, to document what I may only see once. While I was not able to transcribe the email in its entirety, I identified the following as the most relevant portion:

…withdraw from our agreement with you to host you at our auction due to the allegations from Karl Jobst that you played a significant role in Apollo Legend’s decision to take his own life.

BB asked Billy how he felt about email, which Billy called it a “fear factor”. Billy said he could feel his life and family slipping. Billy claimed that lost $50k arrangement with Weeks would provide stability for his family.

Billy claimed the other big cancellation was from someone named Ryan Burger. Ryan had booked Billy in the past, with three new conventions already booked. Billy claimed Ryan cancelled one, claiming the allegations were “very ugly”. Billy received a later call from Ryan, hoping it to be good news, that maybe Ryan had reconsidered, only to pick up the phone and discovered Ryan had cancelled another of those appearances. At that point, Billy claimed he was afraid to answer Ryan’s calls at all, lest he cancel the third.

Once again, an email from Ryan was displayed, and once again, I identified the key portion and scribbled it down as quickly as I could:

Due to the toxicity and negativity brought by Karl Jobst’s claim that you played a role in Apollo Legend’s decision to take his own life…

Let’s take a moment to clear the air about one thing. These read awfully conveniently, do they not? Who speaks like that? This reads like a hostage saying “I am being treated very well, and I am definitely not being tortured by my hosts, whose tactics and/or political aims are justified.” This is very obviously just two of Billy’s suck-up friends, obliging him with on-the-record messages that demonstrate a financial loss and which tie that loss directly to Karl’s video for no other identifiable reason. I do believe Billy when he says venues stopped calling and started ignoring his calls. I don’t believe this tripe.

Oh, and while John Weeks will be a story for another time, when I first heard the name Ryan Burger, it sounded a bit familiar. That’s because he was involved in helping Billy out with score dispute stuff all the way back in 2018. Remember that video Billy filmed in the hallway of the Midwest Gaming Classic? The one where he assured us everything would be transparent and all that jazz?

That original video was uploaded to Ryan Burger’s YouTube channel (since renamed).

Billy claimed that, after these cancellations, he did not make any appearances there, and that these events went on without him. (Hmmmm….) Billy said Ryan has also blocked him from any further appearances.

BB asks Billy how many paid appearances he’s had since June 2021. Billy struggled to answer, eventually claiming that he’s had one new paid appearance since then, outside of prearranged ones, as well as Walter Day’s movie Arcades and Love Songs. Billy says people would come to him and say [“I heard you caused someone to commit suicide”], and he’d have to explain it all the way through, reigniting his anxiety.

Finally, BB asked Billy to talk about the outcome of the TG proceeding. Billy said the agreement was that it would be announced on the Twin Galaxies website on January 16th. The clerk showed the TG statement on screen. BB asked Billy if his scores have been reinstated, and Billy responded, quote, “Yes, they have been”.

Finally, BB declares they have no further testimony at that time. Judge, however, has a savvy question of his own. Judge asked Billy about this “historical database” referred to in the statement, and asked if that was how the scores had appeared on the site previously. Billy told Judge that Jace put the scores there so they couldn’t be disputed.

CROSSFIRE

Like I said, most of Monday was boring and procedural. But OH MAN, the last hour or so was worth it! We got to see the start of Billy’s cross-examination.

First, KB (Karl’s barrister) asked Billy to confirm that he had only one paid appearance since Karl’s publication. Billy said one, plus the movie.

KB asked how many unpaid appearances Billy had made, to which Billy responded something along the lines of [“I don’t have the ability to recall that.”]

And here’s where KB notched it up, and set the tone for the cross-examination to come.

“YES you do! You just listed a HUNDRED interviews!!”

Judge tempered KB a bit, noting that the actual number was less than a hundred. However, KB continued digging into Billy’s claims. He asked Billy how many appearances he’s made since Karl’s publication.

This drew some silence, before Billy responded something to the effect of [“What, like at school? When I appeared for kids?”]

Judge interjected and said [“I think you understand what it means.”]

Billy recalled being at Free Play Florida in 2021, but was unsure if it was paid. He was at Galloping Ghost Arcade for their 1000th game reveal, on behalf of Guinness and Walter Day. Billy claimed this was not a paid appearance, and that he was already in Chicago. Billy cited a high school esports event as unpaid, before remembering that he forgot to list his spot in Walter Day’s International Video Game Hall of Fame as an earlier accolade. Billy cited a 2023 UK event as the one where he did get paid.

Billy claimed a Bloomington appearance was “a walk-on cameo” at an event to honor Doc Mack. KB replied [“You were obviously invited to do it”], but Billy insisted he was not, that he just walked up on stage and snatched the mic.

(Note that all these events have proper names, but I’m focused on publishing this daily update rather than getting the names exact.)

KB said, since Billy claimed to not have attended the Pinball Hall of Fame, he’ll scratch it off the list. KB asked about a vintage arcade and collectibles show, but Billy claimed he just came to say hi to his friend. KD asked about 14-15 August 2021 appearance at an arcade opening in New Jersey – Billy claimed this was negotiated before the video.

KB asked about the Music City Multi Con, which Billy attended and also helped promote. Billy said he was not paid, and that he wasn’t expected, that he just showed up to say hi to another friend.

KB cited a Nov 2021 appearance by Billy and Walter Day at Free Play Florida, and a Dec 2020 livestream with Pac-Man entertainment. Billy denied the last one, saying “Nothing happens in December”. KB asked if Billy promoted a Costco store in Davey, Florida, which Billy denied.

KB cited Bloomington video game convention, to which Billy said that’s the one where he stormed the stage, uninvited and unpaid. KB however said it was a different event.

KB brought up the Pardon My Take podcast, which Billy promoted on Instagram. Billy said he doesn’t promote anything on Instagram, that his son and wife handle all the socials.

On 18 Nov 2022, Billy attended and spoke at Free Play Florida. Billy confirmed that was correct, but unpaid. KB asked if he posted a video as well. Billy reiterated that he was unsure, but it was still unpaid.

KB then recalled the events, counting a total of 7 appearances through 2022, with two unconfirmed. Billy reiterated that he accepted one other, but he’s sure he did not promote a Davey, Florida Costco. When KB declared this brought the total to 8, Billy attempted to ask KB to rewind questioning. However, KB did not budge, continuing right on with further questioning. Billy kept asking KB a clarification, and KB (under no obligation to entertain Billy) kept asking his new question. Eventually, the judge intervened, and questioning proceeded again.

KB asked if Billy promoted a 2 Feb 2023 Walter Day esports event on YouTube, Billy said he didn’t think so. Apr 2023, KB asked if Billy promoted the movie Token Taverns on Instagram. Billy said probably, but adds that the movie was filmed in 2020.

BK asked about a “Meet your destiny” esports event which advertised Billy would be there. (This would be the event where Triforce magically found Billy’s fake plaques.) Billy explained he missed event because he had to move his elderly father.

The 8 July 2023, NERG event in England was the only post-video event Billy claims was paid.

6 Mar 2024, KB cited Billy’s appearance on the Talks Jericho podcast, with an Instagram post to promote it. Also the Aug 2024 event for GGA arcade’s game #1000. Billy says those were unpaid. KB asked if Billy streamed event on Twitch, to which Billy said he streamed an unrelated Pac-Man game.

Close to 5:00pm, after a few straggler question about an old event in Australia, and memorabilia sales, KB suggested it was a good point to break for the day. The judge admonished Billy not to discuss his “evidence” (testimony) with anyone overnight.

BK said issue of the admissibility of the TG deposition would come up first thing in the morning. This is where we began to hear from BB (Billy’s barrister) again. BB claimed that defendant in California proceeding obtained and provided evidence to others, and that this provision was in breach of confidentiality. (For the record, this remains to be untrue.) BB claimed to have a statement from Ellrod detailing how they know Jace provided this material. BB argued, this material was not of the public record, and was obtained in violation of California law, adding that some documents disclosed in these proceedings are the same ones supposedly obtained “illegally”.

The judge said he intends to read them without tendering them (entering them into the official record) to help make a determination. KB petition the court that having the full available evidence will be critical to cross-examination.

And with that, court was adjourned until 9am tomorrow… (checks clock)… later today.

Ohhhh, but as spicy as that bit of cross-examination was, that was hardly the craziest revelation of the day. I hope to write about it soon… but I also genuinely need at least a little sleep.

See you all back here tomorrow.