Accused of spitting and blowing nose upon videographer at Bank of NH Pavilion show, Marilyn Manson again asks for dismissal of assault charges – The Union Leader
Shock rocker Marilyn Manson, who allegedly assaulted a videographer during a concert in Gilford by spitting and blowing his nose at her, has asked a judge to dismiss both charges.
In documents received by Laconia District Court on Dec. 16, to which the state replied on Dec. 30, Manson – whose real name is Brian Hugh Warner – said he spat at the camera — but only at the camera — held by Susan Fountain as part of his “theatrics” during an Aug. 18, 2019 performance at Bank of New Hampshire Pavilion at Meadowbrook.
As to blowing mucus from his nose upon her, Manson said Fountain — who was identified by both Manson and the state as having an extensive working background with touring rock bands — “should have known” of Manson’s “theatrics” given her previous experience with Ozzy Osbourne and the grunge group Alice in Chains.
The state countered that what it called Manson’s “antics” were unknown to Fountain before the 2019 incident, and that she never consented “to the possibility of contact with bodily fluids.”
The state said Fountain’s return to filming Manson– she had left the stage to clean Manson’s sputum off her camera and herself – was “not an act of consenting” but of her wanting to complete a contractual obligation.
She tried to avoid Manson, said the state, but he nonetheless unleashed mucous at her. Fountain responded with a profane epithet, the state said, “Because she was so disgusted by what had taken place.”
Kent Barker, who represents Manson, said the spitting charge should be dismissed because video evidence shows that Manson spat “on the camera lens as part of the performance.”
It was clear, wrote Barker, “that the camera lens is the target of the expectorant, and, by all appearances, lands exclusively upon the camera.”
In previous filings with the court, Manson has argued that the assault charges, both of which are misdemeanors, should be dismissed because the State’s complaints never said that Fountain had not consented to “exposure contact.”