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Marilyn Manson accuser Ashley Morgan Smithline case dismissed

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A California judge on Tuesday threw out a sexual abuse lawsuit filed by one of Marilyn Manson’s accusers after she failed to replace her former attorney, Page Six has learned.

Ashley Morgan Smithline, who previously accused the rocker of raping and abusing her during their on-again, off-again two-year relationship, has been advised to find new representation by Dec. withdraw was approved.

However, the model was unable to find new representation or represent herself and hence her case was dropped.

The lawsuit was dismissed without prejudice, which means she can re-file the same claim at a later date if she wishes.

Marilyn Manson at a red carpet event in a gray suit jacket and black shirt.
Manson has repeatedly denied Smithline’s allegations.

Manson’s attorney, Howard King, told Page Six, “We thank and commend Ashley Smithline for dismissing her claims against Brian Warner without seeking or receiving anything in return.

“EM. Smithline has refused to be manipulated by others who are trying to pursue their own agendas against Mr. Warner. We wish him well and will continue to work to ensure that a significant price is paid by those who attempted to abuse our legal system” .

Although Ellwanger has filed a motion to withdraw from the case, Manson’s legal team has provided a series of text messages allegedly sent by Smithline that appear to show that she actually tried to get rid of him first in April 2022.

A selfie by attorney Jay Ellwanger.

In addition to Smithline, Jay Ellwanger also represented Esmé Bianco.

Jay Ellwanger smiling and holding a drink.

In addition to Smithline, Jay Ellwanger also represented Esmé Bianco.


In a Sept. 1, 2022 court filing obtained by Page Six, Smithline told Ellwanger in a text provided as an attachment: “I am looking to dismiss you. please let me know when you are ready and what needs to happen.”

Ellwanger responds by informing her then-client that she needs new representation and that he believes someone may have hacked her phone.

He also states, “Ashley, it’s not that simple. You have a federal lawsuit pending. I’m not sure who is writing these text messages, but it doesn’t seem like you. We need to talk on the phone.

Ellwanger later wrote: “Honestly, I am very worried about you – this is very different behavior than I have ever seen from you and I have known you for over a year”.

Smithline and Ellwanger appeared to argue over their attempts to fire him via text message.

Texts allegedly sent between Ashley Morgan Smithline and Jay Ellwanger.

Smithline and Ellwanger appeared to argue over their attempts to fire him via text message.


A separate text exchange also showed that the lawyer and his client had argued over an appointment she had with a psychiatrist in London, which caused her to miss an important deposition.

However, the exact reason why the pair had a falling out is unknown.

Page Six made several attempts to reach out to Smithline for comment, but did not hear back in time for publication.

Prior to last year, Smithline and Ellwanger appeared to have a united front in their case against Manson, 53.

Ashley Morgan Smithline sitting on a couch.
Smithline previously claimed that Manson had “bitten her, whipped her, slashed her with a swastika-emblazoned knife, and shoved his fist in her mouth during sex.”

In June 2021, the pair took to “The View” together to detail Smithline’s alleged experiences of sexual misconduct with the “Tainted Love” singer.

“I woke up tied up and he was having sex with my unconscious body,” the Los Angeles native claimed of Manson with Ellwanger at his side.

“That was my first experience and from there the abuse just got worse. I was dehumanized, I was degraded, I was treated like an animal.”

Manson, whose real name is Brian Warner, has repeatedly denied Smithline’s allegations — and those of a dozen other women who have come forward, including “Game of Thrones” actress Esmé Bianco, whom Ellwanger also represents.

“I understand that on or about February 1, 2021, [Evan Rachel] Wood posted on Instagram that I was her abuser, and shortly after, several other women came forward simultaneously with false public accusations against me of abuse, assault, rape, threats, trafficking, and the like.” earlier in his statement to the court.

“These women include Ashley Morgan Smithline, Ashley Walters, Jane Doe and Esme Bianco. To the extent that I had relationships with these women, those relationships were consensual.”

He continued: “I have never abused, assaulted, raped, threatened or trafficked any of these women as they claim. Your accusations against me of abuse, assault, rape, threats and the like are unequivocally false.”

Marilyn Manson performing.
Manson is best known for his shocking rock music and goth image.
Getty Images

Manson and his legal team maintained that his accusers conspired to ruin his name for monetary gain and, as a result, even filed a defamation suit against Wood over his abuse allegations in March 2022.

Wood, 35, insists, however, that he has “truth” on his side.

Ellwanger could not immediately be reached for comment.