View Comments (15)

• I spoke with the producer today, as well.

  According to the Xbiz report, "The performer admitted to Hay he was feeling ill in mid-July and underwent tests with his personal physician, at which time the syphilis was originally diagnosed. He was also given medication at the time, Hay said."

  "Then he tested on July 21, approximately a week later, at Talent Testing Services."

  The shoot date was July 25, which -- according to the Derek Hay/Shy Love timeline -- was at least 10 days after his treatment from his private physician.

  The good news is, under the facts as alleged AT THIS SHOOT no outside talent was seemingly placed at risk. We do not yet have any detailed information about the other alleged shoots.

  The bad news is, according to the producer, the test was altered.

  Thank you to Alana Evans for putting me (and Sean) in touch with this producer.

• I believe I read in the AVN article that TTS just started testing for Syphilis in July. With CET only testing for it 2x a year, and the outbreak in Europe, it is no surprise that there were others running around with it unknowing. The fact that others are infected IN NO WAY makes the test alterer responsible for all.

  He should be punished though. 12 scenes bottoming for trannies, and 3 scenes w/ fat broads, including eating their asses.

• Worker safety issues! A guy alters a test and infects the performer pool!!! Naw! Not in porn!!! Those people are so above board and they are soooo close and they would never do that to each other!
  WRONG!
  They need the money and they can't afford to go to the doctor so instead they self medicate with antibiotics from Mexico and work while they're 'healing', passing an even more potent std on to their partners!!!
  Then the best part is when they brag that they have NEVER caught a disease in the adult film industry!

  One last thing. I know that the current talent pool cannot speak out about the condom issue without losing work so I'll speak up on your behalf! I love you guys!!!!
  Peace!

  Nick East
  P.s. I am seriously offended that the adult film companies are actually spending money in order to protect their "right" to continue to put your health at risk!
  Diane Duke, Go To Hell!!!! How dare you!!!!!

• I thought under the TTS database for the performers security that if you tested positive for something, they lock you out of the dashboard? You cannot obtain a hard copy of your test and they call you with the results. If so, how would this producer have been able to log in or have a test with a current Q-code? Did he create an entirely altered test, date and results?

  • It's my understanding that at some point (after he could get online) the producer found he was locked out. That's how he concluded that the test, which appeared altered, was indeed altered.

    • Still though...why would he go to the trouble of an altered test and possibly getting caught? He could have just gone to CET that didn't test for syphilis and been good until September during Syphilis Month.

      I mean, thank goodness this didn't stretch out that far..but if you're trying to beat the less than perfect system out of greed, that would have been the way.

      • Because Mr. Marcus is cocky, has a huge ego, and is a moron. He thought he was too smart to get caught tainting the cookie jar.

      • Yes, if the performer's plan was to avoid detection, it was a very poor plan indeed.

        Shy Love has said TTS didn't notify her of the performer's syphilis status. The performer may have booked the shoot directly simply to pocket a little more money. The whole story is very odd.

• Also, July 23rd email would match up with having tested on July 21st (a Saturday).

• So once again, I have some questions.

  1) If they figured that the test was altered by July 25th, then why didn't the producers of this shoot immediately notify TTS and immediately halt the shoot and force the performer to take a more comprehensive test??

  2) The claim is that the performer engaged in two other shoots between that particular shoot and when he was finally outed last week. Yet, LACDPH is now reporting that they have obtained 9 verified syphilis infections as of tonight. How do we know that all those infected were the byproduct of that particular performer, and not independent infections coming out of the Budapest situation? Or...is LACDPH simply playing this out as propaganda for their condom mandate law??

  3) And once again...why did Talent Testing decide to keep the original results of the test to themselves, and give the performer the ability to alter the test; but didn't feel the need to inform other performers and producers that there was a rogue performer on the loose?? Forget about the testing wars and the turf battles; what about the health and livelihood of the performers??

  • 1) It's not clear who was notified or when.

    2) There is no data yet that links the other infections to this performer. It may exist, but we don't have it yet. This performer may have been infected by the same person who infected other performers.

    3) That's the most important issue. Why does the TTS business model put performers last?

• Aw man, now we getting clowns blocked from LIB. Shouldn't you be allegedly harassing Germy?

  If they don't like doing condom free porn, they can go get a real job, you schmuck. I never read the rule that after you fuck on film once, you can't do anything else w/ your life.

• Dianne Duke says, "I don't think he cheated the system."
  If altering a test is not cheating the system, that system needs to be abandon. Let the spin game begin.

  • No one should ever, EVER alter a test, but not because the paper is some holy document, but because the very purpose of the system is to provide notice to fellow performers. This goes to their CONSENT to work with that performer. They have to feel comfortable enough to work with that performer, and they must be informed of the medical facts they wish to know, to the fullest degree that the other performer knows them. Then they decide whether or not to do the scene with the performer.

    So, if -- IF -- this performer only worked with talent who knew his medical situation (such as someone with whom the performer was involved for some time off-camera), then the purpose may have been fulfilled. Just as when two HIV+ people shoot a scene together; as long as they both know, the purpose of the system has been fulfilled. Notice and consent are the purpose.

    if -- IF -- both parties knew, no one was deceived to their detriment.

    If, however, this performer worked with others and withheld information from them, or deceived them, that's quite different. Thus far, no performer has come forth to make that allegation of the performer who apparently altered a test. We don't have enough facts yet from the horse's mouth, as it were.

    There are many other questions here as well -- Kacey Villainess has raised good interesting ones. This story is still being developed.

• Here's the timeline, according to an AVN interview with Mr. Marcus himself (yes, he outed himself as the patient):

  According to Mr. Marcus' timeline, he saw his personal physician July 11 after not feeling well. The next day, July 12, the physician told Mr. Marcus that he tested positive for syphilis. On the subsequent day, July 13, he went and got a penicillin shot and was told to abstain from sexual activity for 7-10 days, which he reports he did and even cancelled shoots within that timeframe.

  On the eleventh day after he received the dose of penicillin, July 24, he worked, he said, based on his physician telling him after 10 days that he would be able to have sex.

  Mr. Marcus went to TTS on July 21 to test and received his positive syphilis result on July 23. He then said he cancelled the scene he had scheduled that day because he was confused as to why he would test positive after receiving treatment and waiting the required amount of time he was told to wait by a doctor.

  "I called my doctor up, 'what's going on?'" Mr. Marcus said. "He said, 'It's in your system, it's going to stay in your system, it's going to read in your system because that's how syphilis is.' At that point I felt, ok, I can continue to work because he said it's always going to read that way. And the thing with TTS is that they didn't know prior to me testing that I had taken a [penicillin] shot. They didn't know that. They didn't know I already had it. They just assumed that I needed to go take one after the fact, but I had already done that."

  The next day, July 24, he shot a sex scene and alleges the producer didn't ask for a paper copy of the test, nor did he verify on the computer that he was cleared to work through the TTS database. The producer did ask Marcus to produce visual evidence, however, and Marcus said he was able to position a copy of the test on his cell phone screen so that the syphilis portion of the test did not appear visible. He claims the talent on set that day did not ask to see a copy of his test.

  "I show up on the set most of the times and it's really between me and the performer," Mr. Marcus explained. "The director's not really asking for a test or a copy of it. It's just 'You're here, let's shoot.' And that specific shoot didn't ask for a [copy of the] test. They just wanted to see something visually. So what I had on my cell phone, I showed it. But the way I showed it was, I showed that my HIV was clear, my gonnorhea and chylamidia were fine. You didn't see the syphilis part of the test because of the way I showed it."

  After initially testing positive for syphilis at TTS on July 21, Marcus admitted to being dismayed that there was no doctor at TTS to talk to and was upset that he was not offered any aftercare or asked about his recent sexual history in order to properly notify performers until his final visit to the Northridge, Calif. facility.

  It was at this point in the conversation that Mr. Marcus made the allegation that he asked a TTS employee to omit the syphilis portion of his test and print out a copy that would reflect that omission so he could present the doctored one to producers. Marcus claims the employee was able to do so and provided him the print out, but he did not present this allegedly TTS-altered test to any producers, he said.

  The allegation was vehemently denied by TTS president Sixto Pacheco, who told AVN this afternoon that he was asked the same question previously by AVN CEO Theo Sapoutzis. "I told him that was not possible," he said. "Our system does not permit that to be done. The system does not allow for that to happen. There's no way of choosing what tests to put on a report."