After hearing four days of testimony, a judge on June 16 ordered a Pacific Beach man to stand trial for 31 counts of identity theft, extortion and conspiracy involving a “revenge-porn” website demanding money from women in exchange for the removal of nude photos from a second website.
A trial date will be set July 16 for Kevin Christopher Bollaert, 27, who remains free on $50,000 bond. He is charged with 28 counts of identity theft, two extortion charges and a conspiracy count. Bollaert has pleaded not guilty.
Authorities took down his two websites in 2013. He listed a Pacific Beach P.O. box as a home address. A number of women testified in the preliminary hearing that their nude photos appeared online, apparently submitted by former lovers who sent the photos to Bollaert.
Attorney Alex Landon, who represents Bollaert, argued other people sent the photos to Bollaert and that Bollaert didn’t do any of the photography himself. Landon said it was “the public” that created the website’s content.
“It’s a forum for these individuals,” argued Landon. “It may be distasteful, but is it illegal?”
San Diego Superior Court Judge David Gill told Landon that use of the content is unlawful, no matter where it came from. “He knew these people would be demanding that it be taken down,” said Gill. Deputy Attorney General Tawnya Austin said Bollaert posted the names, phone numbers and other information of women and then demanded money in exchange for the photos to be taken down.
“The victims clearly suffered,” said Austin. “He tried to ridicule these people,” she said, adding the website was “not a bulletin board where ideas of freedom of speech” are debated. Bollaert’s website was called ugotposted.com, and many of the women who wanted their photos taken down were directed to another website called changemyreputation.com. The websites started on Dec. 2, 2012 and were taken down in last September.
Mark Kelly, an expert witness, testified he analyzed the data and cited an email Bollaert sent to a co-conspirator, writing, “Did that bitch pay us back?” when checking on payment. Kelly testified the websites were for adults only and people had to agree to the website’s terms in order to view them.