There have been plenty of people from Jenelle Evans‘ and David Eason‘s pasts showing up to testify in their ongoing battle to win back custody of their kids. While everyone from Jenelle’s mom Barbara, to David’s ex-wife Whitney Johnson, to the kids’ teachers have made appearances, there has been no one from one very important part of Jenelle’s life: MTV.
Many fans have wondered why Jenelle’s former Teen Mom 2 producers have not been called to testify in the case, as they were present and in the home (and on The Land) for years, witnessing many interactions between Jenelle, David and their assorted kids.
The Ashley spoke to several sources to find out why MTV producers such as Kristen Schylinski or Larry Musnik have not taken the stand.
“There are a lot of people who have been summoned as witnesses, but so far no one from MTV has been called to testify,” one source tells The Ashley.
According to The Ashley’s behind-the-scenes MTV sources, there have been attempts in the past (not relating to Jenelle or this custody case) to serve producers/crew, but the MTV workers have strict orders on what to do if someone attempts to serve them in order to get them to testify.
“We are told not to accept anything,” one source tells The Ashley. “They have told us in the past that we are not accept or even touch the paperwork. All we can [tell the person trying to serve the papers] is that they have to go through Viacom lawyers. That’s it. And this is for our own protection, too.”
“We were literally told, ‘Put your hands in your pockets if you see someone coming and do not accept any paperwork,'” the source added. “They would make it hard for them, and make them go through a long legal process [in order to get producers/crew to testify]. It could happen, but they would not be able to do it easily.”
The Ashley’s source added that, during their battle for custody a few years back, Corey Simms‘ lawyer attempted to have several of Leah Messer‘s producers served in order to get them to testify that she was an unfit mother, based on things they had seen happen while they were in her home. However, the producers did not accept the papers and Viacom put a stop to it and they did not testify.
From what The Ashley has been told, though, there have been no attempts (from either side) to have any of Jenelle’s ‘Teen Mom 2’ producers or crew members served for this case.
“But there are plenty of other people who have been informed that they will be called to testify in the near future,” one of the sources added.
Fans have also wondered if raw footage that was taken by the ‘Teen Mom 2’ film crews could be used to help (or hinder) Jenelle and David’s case. The source stated that this is very unlikely to happen.
“It really can’t be used in court because, even though it’s ‘raw’ footage, it’s still considered ‘altered’ technically, because we [as the producers and crew] decided when we hit record and when we hit stop,” the source said.
Footage that did make it on the show is also pretty much useless in court.
“Unless a crime was literally committed on camera, like with Amber [Portwood assaulting Gary Shirley in front of their daughter back in Season 1], the episode footage can’t be used.
Way back in 2015, Corey ran into problems when he tried to use footage from ‘Teen Mom 2’ in his court battle with Leah to show her poor parenting. The judge in the case threw the footage out.
“Legally, Corey can’t use the footage from the show against Leah, no matter how damning,” the insider told The Ashley at the time. “Nothing in the show can be used in court by parties that have signed contracts. The reason is because in the contracts it says that MTV has the right to portray things however they want.”
In other words, MTV is forthcoming that the show may be edited to make it look like a situation is worse (or better) than it is in reality.
“The contracts state that the show may not depict a whole truth,” the 2015 inside source told The Ashley. “So when Corey tried [to use the episodes] as evidence in court, the judge said no right off the bat.”
Jenelle and David will be back in court on Friday, and The Ashley will update when she has more information.
(Photos: MTV; Instagram)
81 Responses
When Farrah was on wasn’t there the whole debacle about having to have a “teacher” while filming? Is that true for whenever there are children fuming? And if so wouldn’t those “teachers” be mandated reporters? This article really did make MTV look bad. I truly think these reality shows will be damaging to ALL of the children in the future. I wish their parents would think hard before signing up for them.
MTV really messed up. You would think they would now just cancel the TM shows, and move on to something else. This show is nothing more than a major liability issue. There’s a reason why certain networks steer clear of shows that involve children. Plus, how the hell do you have this trash shit show airing on the same network that The Hills is aired on? Can you imagine Spencer and Heidi doing an interview along with Jenelle and Kail? Okay. (before Jenelle was canned.) Or, Justin Bobby and Broady going to “the land” for a storyline with David and Jenelle? Audrina, and Whitney sitting on the couch at Kail’s house that has a hippo indention in the cushions from Kail sitting all damn day long? MTV, get your shit together and cancel TM shows.
And the hills isn’t trash TV as well?
So just because the people on the hills had money it was a classier show? That’s kind of a ridiculous thing to say. All of these show are trashy TV. But that’s why people watch it. It’s a trainwreck and it makes us feel like we have our lives together. But money doesn’t necessarily mean class. You’ll figure out on your own one of these days though.
So MTV is gonna play this game of “hot potato” until someone sues Viacom or the producers directly. Then they will have no,choice but to comply. These producers are possibly witnesses to crimes and probably encouraged it. I can’t wait until these children are older. I guarantee some will be able to sue Viacom under the “Good Samaritans law” or set a precendent for encouraging parents to behave in a corrupting way. If the producers saw abuse under good Samaritans laws they should have intervened and those kids didn’t sign any contracts. The kids should also be able to stop MTV from airing rerun of traumatic or implied abuse also. Do you think Jace wants to be reminded of how awful Jenelle was to him as a baby? MTV is trampling over these childrens right to privacy because the greedy inept parents keep signing the contract.
That’s a really good point!
Excellent comment
Your theories are so off base. What you’re suggesting will never happen. Because someone “maybe” saw something? You realize that’s nonsense? The producers I bet have called CPS anonymously from time to time. But you can’t impute liability on MTV for this.
You are off base. A good lawyer can for sure pin this on MTV. Especially if those kids grow up and have issues like drug abuse,violence, anxiety disorders etc and say it stems from their childhood being filmed by MTV. MTV profited off of their disfunctional childhoods.
They will get something. Hell, MTV even settled Farrahs lawsuit but Farrah signed the contract. sophia may have an even larger suit when she turns 18.
No, you can’t bring up being filmed on TV as an excuse and then bring a lawsuit because of it. There is absolutely no legal theory in which reovery would be an option. You cannot, I repeat cannot, impute that kind of liability on MTV. If that were true Leah could have for her addiction and anxiety issues. Farrah got a settlement from MTV because she sued for wrongful termination. Also, the terms of that settlement always states the defendant admits no fault by paying this settlement.
I find this hypocritical. So, they can film Amber hitting Gary and use it in court, but they claim footage they have of Jenelle doing illegal acts and abuse on their property can’t be used, bc they can hit record and stop whenever they want!? (The camera man.) So, why was this not stated in Ambers case!? It’s the exact same situation!!! Plus, it wasn’t a camera man filming in Jenelles car when she pulled a gun. It was numerous cameras placed in her car that captured it. That is the same as dash cams ppl have in their cars to SHOW the insurance and courts proof of an accident. It’s acceptable in the courts to use the footage. Seems like MTV is tripping Billies and wants to back pedal far far away from her now.
I think what they mean is it was obvious amber hit Gary, the producers couldn’t have manipulated the shot to make it LOOK like amber hit him. Whereas when they show David or Delujenelle screaming at the kids, technically they COULD BE screaming at an empty room or at a tree, and MTV is just making it look like they’re screaming at the kids. I’m not saying it’s right, it sure as fuck isn’t. But I understand why.
They don’t need MTV. They have Jace, the police, and the victim of the road rage incident to testify about Jenelle pulling a gun on someone. I think Jace has the guts to tell the judge EVERYTHING.
I reckon Jace would too! Good on him, brave little guy. The way Jenelle through him under the bus about “lying” when it came to the gun incident was disgusting!
I wonder if Amber beat the shit out of the new dude yet? It’s just a matter of time. Killers going to kill. Write that down.
@theashley…. why are you not mentioning the new judge? How did jenelle and lurch get that to happen????
Yeah , I’m curious about that as well. Jenelle carried on that they “wanted a new judge” has this occurred? Have they gotten their own way? If they have…..I bloody hope to God he’s just as firm ..if not firmer, and sticks to the previous judges rulings and the kids are NOT returned to “The Land”
Sooo you don’t have to physically touch the documents to be served. Service rules are state specific of course, but in the states I’m familiar with, you don’t get to stuff your hands in your pockets to avoid being served. The process server can just drop it at your feet and sometimes even just mail it. This “you can’t make me touch it!” thing isn’t actually a thing.
I’ve been subpoenaed twice and my company lawyers get involved & I never end up testifying. Don’t know what happens, but it is what it is
They could have moved to quash the subpoena or come up with another arrangement (for example, hand over certain documents instead). It could have been deficient service, but I doubt it. That’s an easily solved problem.
Shame on MTV. How Kristin looks at herself in the mirror and doesn’t think she’s a part of this nightmare is beyond me. If it were me and I could save these children from going back to being abused and neglected I would. No job is worth losing my integrity or selling my soul.
EXACTLY!!!!!
Being subpoenaed and being served are not the same thing.
My husband was served once while we were at a local diner having breakfast. His brother was going through a nasty custody case and we didn’t want to be involved. We never spoke to him, or was around him for years. So, it was crazy that his ex wife was trying to get to us so much to testify on her be half. We didn’t even know her really. Anyway, while eating, this guy walked up and had what looked like a credit card in his hand. He asked my husband, “are you (his name)? My husband said, “yes.” And, he tossed down an envelope and said, “you’ve been served.” And walked away. Tricky bastard I tell ya. He never had to testify though. He told her attorney and his brothers attorney that he was never around either one of them for 7 years and he had nothing to even say. They tossed him out of the case.
WOW…. That’s shifty, You wouldn’t be expecting that while your out trying to enjoy a nice dinner !!!!
In Australia they have to be “physically ” recieved
Meaning?? Not being rude! LOL! How do they have to serve you there? Do you have to accept them by hand for it to be “served?” They can’t just say your name to confirm, and then toss the papers at you or by you and walk away? -I also saw your post on Beth’s article, and I’m sorry about losing your parents, and one to cancer. I lost my cousin to breast cancer and she was 29-years-old.
First of all, thank you for your kind words, that’s very nice of you.Its been really hard.
I’m sorry for your loss also, cancer in any way shape or form is horrible, but to take the life of someone so young is just awful. It must have been really hard for you.
No matter how many times you hear that they’re not in pain any more and that they’re at peace(and I do believe that) its still hard , and there’s a selfish part inside of me that would give anything to have them back??
As far as the paperwork for a subpoena goes, someone can tap you on the shoulder, ask your name , they go to hand you something ( most people instinctively put their hand out) and BAM ! they slap the papers on you LOL.A police officer friend of mine confirmed this ! I’d be the idiot that put my hand out LOL
I don’t know if it’s different from state to state? I wouldn’t think so, considering they will travel to find yo ass. But, where I’m at, they can waltz right up to you at a restaurant or while shopping for LC jeans at Kohl’s and say your name, and hand or drop the papers right to or by you, and say, “you’ve been served” and walk away. You can choose not to pick up the papers, or drop them and leave them, but people like me will be watching and go pick them up and read them when you leave! Because that’s how I roll.
All true. The server can even lay it at your feet and walk away at it is considered that you were served the papers.
Every state’s laws are different as to what is deemed to be perfected service. In CA I the person doesn’t have to touch/accept the service to be personally served. If they don’t want to accept them that’s OK. They are still served.
A private citizen has no legal duty to another citizen or child. A moral duty, maybe. But no legal one, except a legal relationship that has been created by law or via a contract. Such as a parent/child, but not the other way around. I’m not really sure where you got that idea from that there is a legal requirement to do so. Do you know how clogged our courts would be if everyone had a legal duty to each other to report?
In the state of NC any adult is required to report child abuse so if NC wanted to push they could make them testify and charge them with failure to report if abuse is proven. However I doubt that would happen
I believe in a previous article Ashley did say MTV people had reported Jenelle and David…so maybe that was part of the CPS case that finally gave them enough cause to go get the kids out of there.
Well I would hope so, and if they did , what took them so bloody long !!!!!!
I know this is a serious matter, but your username and avatar made me bust out laughing ?
Anyway, I hope you’re right
“SOMEONE” Shouldn’t have to be MADE to report child abuse ! Any person with half a brain and a heart should AUTOMATICALLY REPORT ABUSE !
This is disgusting, MTV should be ashamed! Those kid’s futures are at stake, why wouldn’t they want to help?
Yeah, I get that it’s a business, I just can’t imagine keeping my silence in these circumstances.
The answer to that one I’m assuming is RATINGS and GREED !
This has put mtv/ Viacom in a bad light.
No matter what was filmed, they producers saw which their own eyes, what happens/happened.
And if they caught on film all the child and animal abuse, wtf happens When the camera isn’t rolling!!!!
Come on judge ?????????
I hope they lose all rights to the kids.
I hope that they can only see them
Supervised at a visitation centre.
I’m rooting for Nathan, to have kaiser full time.
They saw it with their own eyes I meant…
It is beyond obvious Jenelle was protected because of her association with MTV/Viacom, this is one of the other major injustices in America – you have enough money the legal system will never touch you. Once MTV/Viacom dipped out, NOW everything is hitting the fan… except now still MTV/Viacom cant/will fight being dragged into court for the monster they so clearly created. If there was ever a reason to STOP SUPPORTING MTV AND TEEN MOM, now is it. They do not care what happens in the long run to those kids or the TM moms. Nor will they own up to any responsibility on thier end, including not reporting child abuse
Exactly! Once they cut her, bam, the kids were taken away. It shows that they bailed her out all these years. She knew MTV was helping her, and thought she still would be protected this time. Wrong!
YEP! She DEFINITELY thought she was untouchable. Now she’s landed flat on her face with no-one to bail her out !
Whatever their stupid rules or whatever, may or may not be ,,surely a sense of conscience would make SOMEONE step in ! …
The crew not wanting to film around or near lurch, should tell the judge all they need to know.
EXACTLY! And if a group of adults were afraid to be around him …. and law enforcement from 3 counties also wouldn’t go out there……Then imagine how those poor little kids felt !
Imagine the footage that didn’t make it on the screen?? I dread to think.
All the kids and animals, must have been terrified, and I am extremely worried about the remaining animals in that cesspit swamp land.
God!….. MTV should be ashamed of themselves!
Right! Grown men that are cops won’t go to the house or approach it, but hey, let the kids be there, or go back. NC is messed up almost as much as Florida is.
EXACTLY….. Grown men….That are ARMED!
But never mind, they’ll just continue to leave the poor defenceless children out there ! WTF ! Shame on them !
MAMARJ – Actually, most citizens of the US are not required to report child abuse or child neglect. ONLY 18 states require citizens to report suspected abuse or neglect. However, in every state, certain people fall under mandatory reporter status – school teachers & personnel, child care workers, coaches, law enforcement officers, health care providers, social workers, film developers (for child pornography purposes), among other professions. They are required, by law, to report any suspicions or proof of child abuse or neglect. The laws vary based on state & situation for clergy-confessor & attorney-client, but they are typically EXEMPT from reporting. The same is true for psychiatry-patient communication in some states.
So MTV employees are not mandatory reporters. But MTV did not tell them that they cannot make reports to social services/law enforcement. Citizens, such as MTV employees, are able to make anonymous reports.
I don’t know how true the part about MTV instructing their employees how to avoid being subpoenaed is, because a process server can leave it with another adult at the address, can serve via Certified Mail, etc. However, every job I’ve ever had encouraged us to avoid being served – sometimes the other party will give up when they are finding it difficult to serve you. I worked for a therapy center for children of divorce and that is where we really tried to avoid service. Our providers typically could not testify and really didn’t want to be involved in divorce hearings. I also worked for a couple State govt agencies. If we were being served, it typically meant a crazy person was trying to sue someone (or our agency) and it was going to be a time consuming, yet unsuccessful process for said crazy person. And our employees were better serving the State by being at work, not wasting time and taxpayer dollars sitting around the courthouse for bullshit cases. Most employers don’t want their employees in court, they want them at work.
MTV also knows that J&D are garbage humans. But Nathan & Barb have not been petfect in the past, either. It may be best that MTV not be put on the stand or they could be forced to provide evidence/testimony that shows Nathan & Barb looking bad in the past. I think Nathan has changed a lot and that showing his days when he was with Jenelle/their breakup would only hurt his credibility.
As far as Barb goes, she isn’t your cookie baking, sweater knitting grandma. She’s your foul-mouthed, wine drinking, loud (on the verge of screaming) grandma. She does not come out looking great in a lot of the past fights with Jenelle. The case against J&D includes them having screaming fights where the kids were terrified. Jenelle certainly got that from her mom. And, the judge/jury will already have a bias against Barb – she’s a yankee. And I’m not kidding. I live around 3 hours away from J&D in SC. I’m from MD. People down here call me a yankee as though the word means “dog shit stuck on the bottom of your shoe”. And MD is not even a northern state! So Barb has that against her. If the lawyers against J&E were smart, during voie dire, they chose transplants and not natives. I’ve lived here for over 6 years and have gotten lots of shade thrown my way for daring to be from somewhere else. They particularly hate northerners and Californians (“Hollyweird” is a favorite phrase down here).
There is no jury in a juvenile court setting. Same with family law. All of those matters are decided by a judge so there is no voire dire process. You sound pretty experienced that you would know that already.
But wouldn’t a child abuse charge be in regular criminal court not family law court?
They aren’t being charged with a crime. All of this is taking place in juvenile court.
NC is a required reporting state
Thank you for correcting my understanding of reporting abuse. I guess I have always lived in states where it was required for citizens to report abuse. This understanding is all I have known and assumed it was every state. When I woke my statement, I was thinking about earlier this year when Jenelle had road raged and followed a man home and whipped out her gun all the while Jace was sitting there. All caught on camera. I am in my mid 50s, maybe I am just too reserved but I thought Jenelle should have been investigated for child endangerment that time and the thought that the MTV film would not be used for proof seems outlandish to me.
One would think that child abuse should be reported by ANYONE that was aware of / or suspected abuse…!
I can totally picture MTV sitting there in front of their lawyers after that situation where Jenelle Runge that gun asking them oh where they going to get in trouble the we being MTV and once they got the okay that good ratings for us. oh yeah and then the other part when they had that dr. Drew talking to her about it oh he’s such a piece of work hes worthless
This is exactly why Jenelle and David think they can get away with everything is because MTV has been protecting them for sure. this is why he thought it was no big deal to beat the s*** out of the dog and kill it. This is why Jenelle thought it would be okay to pull a gun on a complete stranger and chase him to his house run over his mailbox and she claimed it was an accident. Lie to the police and claim that something else happened. This is why he thought it would be okay to go ahead and tow someone’s truck. I am beyond annoyed ????
Extremely annoying. Jenelle has been breaking the law since the very beginning. She has been arrested numerous times, violated probation many times, she literally has a collection of mugshots, has been caught high or using drugs on film!!, and has never once served hard jail time. What a joke. All because she is Jenelle from MTV. A normal person wouldn’t be so lucky. I hope her luck ends here and she never gets those kids back.
I’m with you, They have gotten away with so much that they think they’re above the law ….. Nothing has happened to them so far so of course they’ll continue with their shitty behavior!
Just proves, that mtv have protected her and ignored child abuse and animal abuse.
Because I sure as shit, could never witness that, and not report it.
That Kirsten the producer was playing jenelle and barb off against each other, she’d ass lick and pander to jenelle, and agree with her about barb, then do the same thing with barb, about jenelle, she’s a creep!!!!!!
She was a bit of a shit stirrer.
OMG, so MTV covers their ass and Jenelles. Illegal….. Brandishing a gun while she’s driving down the street isn’t illegal? This is such a crock
Now I’m pissed off again
Me TOO !
Me too
WTF!!!!!!!!!! So MTV have got footage of abuse , BUT its useless! So even though abuse is “evident” MTV will manipulate what they have on film for “their ratings ” and never mind the abused kids !. That’s pretty fucked up !
So if David hauled off and hit Jenelle on camera and that’s a crime? But if the kids are crying in the background and are hungry and screaming they’re hungry and the house is filthy and she’s pulling a gun out on strangers that’s not a crime or child abuse …which is a crime? Or yanking the kids around….that’s not child abuse? so basically MTV is telling me it’s okay to be yanking my kids around it’s okay for me not to feed them but if I smack him around then that’s a problem the rest of us just okay and good ratings the more crying the better good ratings. Thanks MTV for making it really clear.so next time I’m out and about and I see somebody doing those exact things I shouldn’t be concerned…..
But… is it illegal in NC?
As soon as I read the article, I thought the same thing.
Given that the producers decide when to record, I understand that it could be considered altered. However, I don’t agree that should prevent it from being used as evidence against Jenelle in the custody case.
Amber was caught on camera assaulting Gary. The courts were able to use the footage because the illegal act itself was captured on video. Why is this any different? Editing shouldn’t be an issue, as the events leading up to that crime are irrelevant.
Additionally, all of the teen moms have cameras in their car, so the entire thing was caught on a camera. The producers do not decide when to record those, so the raw footage would show the events leading up to the incident.
In addition to MTV footage, They should be able to use the videos of the numerous times they failed to follow court order outside the courthouse.
I can understand why the footage can not be used, but the producers were actually there, they saw what was going on on The Land unfiltered so they should be able to testify in court, just like any other witness. The fact that Mtv told them to stick their hands in their pockets to avoid being served is a big huge sign that the only thing they are willing to protect is the money-tran/s**tshow, there is no concern for the safety and well being of the children. Lurch is a sociopath that literally has no control over his emotions, someone who loses their s**t at a visitation center is absolutely going to do whatever he feels like while on “his” Land. There is Literally no way the producers were not witnesses to abusive behavior and it’s abhorrent that Mtv is protecting the abusers because drama = $$$.
That is such bullshit! MTV probably has plenty of raw unedited footage that could ruin Dumb and Dumber. I really hope the producers get called in to testify. These kids’ lives are at stake!!!
What about the episode where Jenelle called the cops on Nathan and had him arrested when they were together? Nathan pleading with Jenelle and getting handcuffed and put in a cop car was recorded and aired. The cameras would have caught what actually happened prior, no? What about all the episodes Jenelle has been high in? They basically let her do her thing then turned on the cameras after the fact.
I also believe there have been too many instances of terrorizing on this whole franchise. That’s a crime.
Thanks for clearing this up because i wondered this too.
Will these same principles apply in kathryns (southern charm) custody case?
I wonder if Jamie is going to be called to testify??? Wouldn’t that be interesting????
I know the goal of family court is to unify families, but in this case, those kids aren’t safe with them.
REALLY?? THAT SUCKS!!
I call bullshit on the pull the gun road rage episode. That one should have definitely been seen even if it was in the Judges Chambers.
Can the You tube video be used? Like the one dumb and dumber posted of towing the elderly guys truck?
I call BS too! Obviously, YouTube vids can be used in the courts there. They used the video she took and he uploaded to YouTube in the mans case against them. MTV crying that they can’t use their footage is BS. A LIE! Even the cameras in her car that caught the gun situation can be used in the courts. If they are letting in the YouTube vid for that mans case then we know they will allow other footage from elsewhere be evidence. Looking like MTV has some dirty little secrets in their closet and know if they get pulled into testify, then everyone will see and know how long they stood by and watched the abuse on these kids and did nothing. It would take down their entire network. They are probably destroying footage now as we speak.
Leaving children in an abusive situation is WRONG! , What makes it worse, is that ADULTS should have helped these children….. NOT filmed them and sat on the footage for good ratings!
Wow, very interesting. I would not want to be an employee/producer in cases such as this. As citizens we are required by law to report child abuse or child neglect. Our laws expect this from us as law abiding citizens. If you are an MTV producer, the company has put their employees in the position of deciding to keep their jobs or do what is lawfully required of every citizen and report abuse, to protect innocent children. What a shitty company, they are putting their employees in an impossible situation, they of forcing their employees to not report abuse so they can profit off watching children be abused, leaving the audience outraged and it sort of puts the audience in the position of reporting abuse, doing their dirty work. YET, as Corey found out, the MTV footage was not accepted because it is altered but that MTV producer sure as hell knows what happened. This is very sad and I will have to really ask myself if I want to contribute or help a company to profit off reality shows that make money and provide substantial salaries to those who abuse innocent children. This is all really sick. How am I suppose to sleep tonight! Thanks Ashley for sharing, you made me really thing tonight about how dirty Hollywood/MTV truly is.