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All Forums > Porn News - Press Releases > Porn News - Press Releases Forum Page 41 > Mr.Marcus gets 30 days for spreading syphilis
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Rosco Fuji
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Posted - Jun 5 2013 : 9:32PM
LOS ANGELES — The veteran porn actor known as Mr. Marcus was sentenced Tuesday to 30 days in jail after pleading no contest to knowingly exposing his co-stars to syphilis.
The 42-year-old actor, whose real name is Jesse Spencer, was also ordered to perform 15 days of community service and serve three years on probation.
His infection was discovered in July 2012 during a routine industry screening before he was to begin making a film. He immediately received a penicillin shot, but when he was rescreened 11 days later he still showed signs of syphilis. Authorities say he altered the results of that second test and returned to work the following day.

Spencer is jailed on $200,000 bail in an unrelated drunken driving case. An email was sent to his management company seeking comment.
Spencer has said previously he thought he was no longer infectious when he returned to work.
Prosecutors said he took part in two adult movie shoots within a week of failing the second test.
Two actresses who worked with him contacted police after a producer discovered the altered test result. Neither woman contracted syphilis, the city attorney's office said.
According to the Centers for Disease Control and Prevention, syphilis is caused by a bacterium and is transmitted through direct contact with syphilis sores, which mainly occur on the external genitals, vagina, anus or in the rectum. A single shot of penicillin can cure a person who has had syphilis for less than a year, according to the CDC. Additional doses are necessary for people who have had the STD for a longer period.
Spencer was one of nearly a dozen porn actors who tested positive during a syphilis outbreak last summer that led industry officials to briefly call for a moratorium on filming.
In November, Los Angeles County voters approved a ballot initiative requiring porn actors use condoms for most film shoots. The industry has sued to overturn the law, arguing that its own testing guidelines for sexually transmitted diseases are sufficient.
Topic Moved by - killbillvol69 on Jun 5 2013
V Venom 80
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Posted - Jun 6 2013 : 4:43AM
The sad part about this is that i actually liked Marcus as a performer he seemed like a cool guy...apparently not that cool.
Seems very selfish and stupid hes lucky he didnt get sentenced for more than that....god forbid if he had HIV. what a scumbag.
ken montgomery
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Posted - Jun 6 2013 : 7:35PM
people are not what they seem to be.Some people seem to be very nice people.They turn out really be very cold hearted and mean people.
LCF All-Star Supporter
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Posted - Jun 7 2013 : 3:08PM
I'm not a defender but you must know that once you get syphilis you'll result positive for life even when you're cleared from the disease , you need another kind of text to pass through the false positivity, apparently he was tested with the usual one, so he thought it was a false positive and forged it.
the forging alone is enough to blame him for me, it is not up to him to take medical decisions risking the health of someone else.
Edited by - LCF on 6/7/2013 3:09:32 PM
BigTrotter
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Posted - Jun 7 2013 : 7:07PM
Just when i think of all those hot girls who worked with him in a last year...No wonder they retire so early...
 
pat362
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Posted - Jun 7 2013 : 9:10PM
I'm sorry but that is pure BS. His story might have been believable if no one had seen pics from one of his shoots where it is clearly visible that he has sores on his dick. I saw the pics so it's impossible for him not to have known that there was a problem. His crime is made even worse because he is a veteran who knew better and still went ahead and forged his test.
Harri Patel
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Posted - Jun 7 2013 : 11:59PM
It's not BS at all. The opinions of a layperson based solely on what you think you see on his dick in a photo are pretty meaningless with regard to the issue of whether he actually exposed anyone to a communicable disease. Roscoe's thread title is wrong; as far as I know, no one -- not even the women who are suing him -- is claiming that anyone actually got syphilis from Marcus. I'm not sure why he didn't fight the criminal charge; it seems as though he could have shown that he followed medical advice by not working for ten days, and the state apparently couldn't show that he actually infected anyone. He could have literally shown the court video of himself having sex with Lilith Lavey or whoever it was, at a time that the state claims he was exposing someone to a communicable disease, and made the argument that, hey, this broad had my dick in her mouth and pussy for an hour, no condom, I pounded the shit out of her, and she didn't get syphilis -- if I had a communicable disease, how come it wasn't communicated? That would seem to be a pretty big scoop of reasonable doubt. He might just not have had the funds to pay his lawyer to take the case to trial, and/or maybe he doesn't care about the consequences of the conviction since he's already in jail anyway on the DUI charge.
pat362
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Posted - Jun 8 2013 : 10:13AM
^
1-It wasn't just one photo but a slew of them.
2-I've never had sores(that's more than one) on my dick but if I had multiple ones then I might seek the advice of a doctor to make sure than nothing is wrong. This is even more necessary for someone who uses his dick in his line of work.
3-He admitted to seeing a doctor to treat a syphilis infection he knew he had and he says that the doctor told him that he could work ten days after the first treatment. Did we ever hear from the doctor to know if that is true?
4-The CDC is pretty clear on the subject and there is no actual time line in which a person is healed from the infection. Subsequent testing is necessary to confirm that the infection is gone.
5-He faked a test he knew he had not passed to keep working and there's nothing
you or anyone else can say that will justify that.
6-Maybe the reason why he didn't fight the charges is because the prosecutor had an open and shot case against him and he took a plea deal instead of going to trial.
7-I agree with you that this guy probably has little if any money but that is not a reason for doing what he did and what exactly has he done with all the money he has made over the last 20 or so years? IAFD list him at having done nearly 1700 movies. That's a lot of porn.
I suspect that you and I will not agree on this and if that's the only thing we don't agree on then that's not bad. I think we can at least agree on that he doctored his test that could have put the health of others at risk all the time knowing that this was illegal.
Asmodeus
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Posted - Jun 8 2013 : 11:55AM
Along with HIV and hepatitis, syphilis is among the worst STDs you can get but it is treatable if caught early. I've been fortunate to have never picked it up but I've had friends that have and luckily for them they were able to get rid of it before it caused any real damage.
Edited by - Asmodeus on 6/8/2013 12:00:31 PM
scottc1992
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Posted - Jun 9 2013 : 6:31AM
Parden the pun, but what a dick.
ultimate_sperminator
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Posted - Jun 9 2013 : 4:24PM
His behaviour caused Kristina Rose to retire from doing b/g scenes.
Seijuro
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Posted - Jun 9 2013 : 11:24PM
^
And I can never forgive him for that. Mr. Marcus worked all the time and waiting for a clean test would not have hurt him financially, but all he considered was $$$ and not the health of his fellow performers. Until the test comes clean, you are not clear no matter what you think. A porn legend has now become a pariah and rightfully so. His actions helped push the condom law and he gave girls one more excuse to not do IR.
Hardware All-Star Supporter
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Posted - Jun 10 2013 : 12:52AM
He wouldn't be the first guy to spend more than he made and to live paycheck to paycheck. Of course, even if that were the case it doesn't excuse his actions.
Savoy All-Star Supporter
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Posted - Jun 13 2013 : 8:18PM
This is why performing in porn is inherently risky. People like to gloss it over, but even the "respected" members pull this crap. He also made mention that he's not alone and I'm sure it happens frequently. Maybe not direct falsification but heads being turned the other way.
Just gotta throw in, that I love when male performers boast about their minimal infections. I want to hear the females speak. Only a few do and their stories involve multiple infections - And I"m not talk Shelly Lubben zombies, but females like Belladonna and Kimberly Kane.
It's just gross really.
pat362
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Posted - Jun 14 2013 : 9:51PM
^Part of the problem may be a question of gender. Women were gifted with the ability to bear children(some might consider it a curse) but on the downside. They are definitely cursed with a reproductive system that has a greter risk of getting an infections.
You know what might reduce the risk for many performers? A little invention called the condom.
 
Savoy All-Star Supporter
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Posted - Jun 15 2013 : 8:42AM
That is the problem. I didn't feel the need to state the obvious.
Dubious_Leftovers
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Posted - Jun 15 2013 : 7:43PM
You know what might reduce the risk even further? A little thing called not being a porn star at all.
pat362
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Posted - Jun 15 2013 : 9:13PM
^Not necessarily since quite a few porn performers escort on the side and my gut feeling is that some of them accept to do bareback for extra cash. The only difference is that no one hears about it because a porn girl who does not shoot porn is rarely talked about. At least on a porn forum. Of course never doing porn, prostitution/escorting will greatly reduce the risk of getting an STD but
then we wouldn't be talking about these girls.
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Posted - Jun 16 2013 : 4:29AM
In this particular case though nothing of what you said is actually related , Mr Marcus has been found guilty of spreading syphilis AFTER he knew about it, but nobody mentioned there wasn't a required test for syphilis to perform, not even knowing about a great new insurgence of it in the last ten years, and also knowing that a great number of performers , male and female, escort or have a very active sexual activity out of set , even some lesbian performers talks on their twitter about the males they are fucking off set , casual adventures ,very likely untested guys. Mr Marcus did his test on his own.
Also a problem is the ignorance of most performers, they cannot recognize a risky dick even if it bites.
Agents hiring performers even when it was known risky and fining those who refused to work is another part of the problem
stopping tests and giving penicillin shots to everyone instead, reduced the number of known positives not the infection.
Mr Marcus was stopped supposedly at the second stage of the infection (his dick showed signs of that in the infamous flick with Ms Lavey) the most infective , yet he didn't infected anybody after he was diagnosed, maybe he was already at the end of it and developing its third stage which is NOT infective but would take years to recover
for what is known there was one performer only who noticed something was wrong and refused to take him at the end of May , before he was tested , it was Chastity Lynn (she already worked with him twice before though)
Edited by - LCF on 6/16/2013 4:34:38 AM
Goldstein All-Star Supporter
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Posted - Jun 16 2013 : 1:43PM
One thing that has always perplexed me with this whole saga...
Why would any pornstar have sex with a performer with a visible lesion on their penis?
Why would any director or studio permit a performer with a visible lesion on their penis to perform?
Seriously, I don't care what a performer's test -- faked or not -- says.
As far as anyone could possibly know, the lesion on the penis could easily have manifested after whatever test was performed and presented -- faked test or not.
Aside from the obvious health concerns, doesn't the "eewww" factor of having a lesion on a performer's penis count for anything?
Anybody and everybody that was involved in this fiasco -- directors, studios, fellow performers and Mr. Marcus, himself -- need their collective heads examined.
LCF All-Star Supporter
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Posted - Jun 16 2013 : 1:52PM
^
especially considering they have seen plenty of dicks and multiple times one particular dick they should have seen something was wrong , is it really possible that Chastity Lynn alone was able to notice?
JB_X
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Posted - Jun 17 2013 : 2:21AM
Correct me if I'm wrong, but my understanding is that this was a civil case. I didn't see any criminal charges related to this incident. I'm not sure exactly what her cause of action was (battery, maybe), but in any event, the burden of proof to show intent would be much lower than beyond a reasonable doubt.
But even the civil case against him seemed pretty pretty thin. Nothing I've read suggests that he intended to expose performers to syphilis. So I would agree that his no contest plea was based either on lack of money or just indifference on his part.
LCF All-Star Supporter
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Posted - Jun 17 2013 : 11:37AM
^
To forge a positive test to an highly infective STD so that it looked like a negative and thus have unprotected intercourses with one or more professional sexual workers who also will have unprotected intercourses with multiple partners is a little bit more than just indifference
Harri Patel
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Posted - Jun 17 2013 : 1:45PM
^^ There is an ongoing civil case, in which two performers he worked with are seeking damages for infliction of emotional distress, but I was talking about the criminal prosecution that the LA authorities brought against him.
JB_X
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Posted - Jun 17 2013 : 2:21PM
Ah, okay. I didn't realize there was a separate misdemeanor charge brought by the city. I'm still not clear exactly what the charge against him was, but I definitely agree that the case against him was weak.
It would depend on what he was charged with, though. His no contest plea was to "knowingly" exposing co-stars. I still think that's thin. It seems like he was indifferent or reckless about his status, but that doesn't mean he knowingly exposed them to syphilis.
 
LCF All-Star Supporter
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Posted - Jun 17 2013 : 3:26PM
^
He had a positive test for syphilis one of the nastiest and infective STDs around , he FORGED that test to get work and have sex with some performers he was perfectly aware will have will have sex with other performers who will have sex with other performers and so on.
He forged his test willingly , used it twice willingly, he knew he was still positive.
I may concede he thought he was clear , but then again he should have tested with a Treponemal test since Syphilis will result positive FOR LIFE a Treponemal test is a test who shows if there is a syphilis infection running or it has been in the past but not currently
Apparently he didn't this test so he cannot be sure he was clear , and he did this test then he was positive for sure
JB_X
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Posted - Jun 17 2013 : 3:39PM
I understand. I'm not saying I think what he did was acceptable... I'm saying that convicting him of knowingly exposing performers to syphilis would be a stretch.
stinkfist
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Posted - Jun 17 2013 : 5:39PM
Mr.Marcus gets 30 days for spreading syphilis
mm.jpgHe should have got 3 years for wearing that baseball hat.
ultimate_sperminator
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Posted - Jun 17 2013 : 5:53PM
+1
LCF All-Star Supporter
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Posted - Jun 17 2013 : 6:18PM
So anybody with a positive STD test could do whatever he wants on the basis he thought he was clear?
JB_X
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Posted - Jun 17 2013 : 7:08PM
Again, all I'm saying is that case against him is weak for the specific misdemeanor charge of "knowingly exposing others to a communicable disease." That would require the prosecutor to prove beyond a reasonable doubt that he knew he had syphilis. Given the circumstances, that's a tough sell in my opinion. Whether he could be charged with something else, I don't know.
Goldstein All-Star Supporter
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Posted - Jun 17 2013 : 8:34PM
^ He knew he had syphilis...
He knew he had been treated...
He knew he failed a subsequent test...
He deliberately forged a false test to show he was clean...
All the evidence shows that, whether or not he thought he was, or should have been, "clear" -- and the test said he wasn't -- he then went ahead and exposed others.
He did not know he was "clear."
He should have waited until it was determined to a certainty that he was clean and no longer a risk to others.
Doesn't seem like a "tough sell" to me, at all.
I don't believe Marcus was being malicious.
But, he made some stupid and selfish decisions, and is paying an appropriate penalty.
(Plus, it's doubtful he'll be performing again anytime soon, if ever.)
Just consider if he had infected others and it spread through the American talent pool!
JB_X
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Posted - Jun 17 2013 : 9:25PM
You can't dismiss whether he knew he had syphilis or not - that's a required element of the misdemeanor he was charged with.
You can say that you're satisfied that the evidence shows beyond a reasonable doubt that, at the time he worked with his forged test, he knew he still had syphilis. That's fine, but I disagree.
Goldstein All-Star Supporter
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Posted - Jun 17 2013 : 9:37PM
^ You're just wasting everyone's time now.
JB_X
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Posted - Jun 17 2013 : 9:51PM
dot dot dot
 
InFamous
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Posted - Jun 17 2013 : 10:49PM
What Marcus did was not on the same level of what Wallace did. One guy altered a test for a curable disease and the other did for an incurable one. Only a total moron would not see the difference. One guy was still able to get work in the industry despite giving a death sentence to several performers while the other guy was black listed and jailed despite the disease he gave being curable. Wallace should have been blacklist but the different is that Marcus is black and Wallace is white but let remember that the industry is racism. A black performer can easily can get blacklist but race or not both of them should have been blacklists.
LCF All-Star Supporter
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Posted - Jun 18 2013 : 9:23AM
^ agreed about Wallice , also Syphilis is curable, AIDS isn't
Wait a minute , he FORGED a test in which was clearly showed he was positive, he knew he was positive and this is why he forged his test in the first place.

Edited by - LCF on 6/18/2013 9:25:01 AM

JB_X
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Posted - Jun 19 2013 : 4:06AM
Last thing I'll post on this thread, since it seems to have been reduced to people thinking I'm trying to troll them (I'm not, I just think this is interesting): Based on what I've read about the case, he believed he was clear despite the positive test, and had a semi-reasonable basis for that belief. Whether that was due to bad medical advice, or his own ignorance about the disease, I don't know.
The only point I was trying to make is that the evidence suggests that, in spite of his failed test, he didn't know that he had syphilis at the time he worked with the forged tests. Had he gone to trial, the prosecution would have had a high burden of proof to make its case that he actually knew he had syphilis at the time. Not whether he was negligent or reckless about it (yes and probably yes). I think there's too much reasonable doubt to convict, personally. That's all.
That said, I wouldn't watch another scene involving Mr. Marcus, even if he was accepted back into the porn world. I think forging a test is an unpardonable sin in all circumstances, especially in light of the looming condom regulations. Carry on.
LCF All-Star Supporter
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Posted - Jun 19 2013 : 7:26AM

^
Let me get it straight, he had a test saying he was positive to an infection , meaning he was infected so he forged it because he didn't know he was infected?
He's not a physician how can he decide to ignore a medical test and yet say he didn't know he was infected?
the very action to forge a test positive to a highly infective disease to bypass a medical control is per se irresponsible enough to be condemned in my opinion.
you just don't do it, it's too risky
Harri Patel
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Posted - Jun 19 2013 : 10:51PM
LCF, I don't know how the legal system works in your country, but here, for the state to prevail in a criminal prosecution, it has to prove all of the elements of the charged offense, "beyond a reasonable doubt." It's a very high burden of proof. The question is not "was Mr. Marcus irresponsible?" or "did Mr. Marcus do something that we think is immoral?"
The point that I was making above, and which JB_X was following up on, is simply that it appeared that there may have been some doubt that the state could prove at least two elements of the offense -- whether he actually had a communicable disease, given that the women he worked with apparently did not become infected, and whether he had the required state of mind -- "knowingly" -- given that on the one hand he had a positive test, but on the other hand he had been told by his doctor that he only had to sit out for ten days. He would not have needed to affirmatively prove his innocence if the case had gone to trial; he would only need to raise enough doubt to convince at least one juror that the state had not proved its case. But it's academic now, since he chose to enter a plea of "nolo contendre."
Goldstein All-Star Supporter
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Posted - Jun 20 2013 : 5:03AM
Nolo Contendere?
Didn't I meet him at Frank's place in Palm Springs?
LCF All-Star Supporter
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Posted - Jun 20 2013 : 4:00PM
@ Harri Patel
Here it works the same way as in the USA , but ...
let me put it in another way , if I have a gun whose owner says it's unloaded , and yet I see a bullet in it and then I cover the gun with a hand so that nobody can see the bullet , and then I shoot to someone , would you say there's isn't proof enough that I willingly put people in danger?
Ok I aimed badly and nobody has been wounded but still...
Would you say that since nobody has been wounded I can claim my complete ignorance of the consequences of a shoot because the owner of the gun said me it was unloaded. Is that so?
This is the way I see this.
Even if a doctor said him he'll be clean in ten days and yet after this time a test said he was not ,was he allowed to ignore the test?
was he allowed to forge a medical test to bypass any control?
Has him enough medical experience to know he could do this with no risk of harm?
He knew beyond doubt he was positive, we don't even know whether he was still infective or not because he didn't the right test (I think so because if it was the right one and it said he was still infected then he was ),

those working with him have been lucky and he has been stopped
I don't think his will to continue to work even being positive forging his test on this purpose can be measured by the number of his victims.

But you're right he chose not to dispute, it's academy now
Edited by - LCF on 6/20/2013 4:12:31 PM
Harri Patel
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Posted - Jun 20 2013 : 9:41PM
Your comparison doesn't really hold up. If you see that there is a bullet in the gun, you can't claim that there is any ambiguity about whether the gun is loaded, and if the gun fires when you pull the trigger, there isn't any ambiguity about whether you shot someone.
By contrast, if there is video evidence in excruciatingly close-up detail of you doing everything which should result in the transmission of a disease to not just one, but two different women, and neither of them actually becomes infected, then there is substantial doubt about whether you actually exposed them to a communicable disease. Substantial doubt about whether the "gun" was actually loaded, in other words.
Edited by - Harri Patel on 6/20/2013 9:42:11 PM
LCF All-Star Supporter
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Posted - Jun 21 2013 : 3:32PM
^
He had a medical test with the word "positive" on it , the gun was loaded , he saw it thus he decided to hide the bullet forging his test, if he didn't see it and didn't know he was infected, why he forged his test?
he might say I thought it wasn't an actual bullet, yet it was there and he had no notions to decide it was a fake positive.
also symptoms of syphilis have a variety of changes during its evolution , might have no symptoms at one point , yet the disease is still running
killbillvol69 All-Star Supporter
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Posted - Jun 21 2013 : 9:24PM
^ According to the early interviews after the syphilis story broke, Mr. Marcus said that when he tested positive after the treatment, he went back to his doctor who explained to him that despite the fact that he no longer had syphilis, the tests would still show positive, possibly for the rest of his life.
I'm not saying this is true, I'm saying this is what he was saying in the interviews last summer.
mharris127
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Posted - Jun 21 2013 : 10:43PM
^ Kill Bill, you don't take chances by faking a test. If it were me in that position I would have got a second opinion, probably from Dr. Miao (meow) at CET if possible. He would have said that Mr. Marcus needed a Trep Sure test to ascertain that he had been cured of syphilis. I sure as hell would not have forged a negative test for syphilis no matter what the circumstances! At least testing for syphilis is monthly now (although no longer with the more accurate Trep Sure after initial entry into the industry) so hopefully we don't have any more incidences of the Mr. Marcus variety.
killbillvol69 All-Star Supporter
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Posted - Jun 21 2013 : 10:57PM
^ Oh yeah I would have gotten a second opinion too.
My post was just to address LCF's claim that Mr. Marcus wasn't sure he had a communicable disease. In Mr. Marcus's mind, it would seem, he knew for sure that he did not still have a communicable disease.
LCF All-Star Supporter
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Posted - Jun 22 2013 : 1:57AM
^
with that I meant , he knew he resulted positive and cannot be certain he wasn't infective anymore
I actually said his tests will result positive for life , from now on the only test able to show his actual status would be a treponemal tests , more expensive but can show if your positivity depends on an active infection or an episode occurred earlier.
His doctor might have said that , hell even I would have said that even without being a doctor, but I would have added he needed another kind of test.
And I am pretty sure the doctor said that , or would surely have had he know he was a porn performer, if I recall well Mr Marcus said he retained this crucial information from his doctor.
I cannot see how a doctor would have given clearance to a man in his profession without a treponemal test
Anyway I think he was not completely aware of what he was really doing rather than a supreme asshole like Marc Wallice.

Edited by - LCF on 6/22/2013 2:07:22 AM

JB_X
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[o\|]
LCF All-Star Supporter
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Posted - Jun 22 2013 : 2:08AM
^
I meant retaining he was a top porn performer with high sexual promiscuity from his doctor
MonAcleJ
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Posted - Jun 22 2013 : 5:02AM
He's an IDIOT!!!!!! (It can't be stressed enough), These Ladies are doing such wonderful work and this MORON can't be considerate enough to protect them by having some patients and getting retested if something is suspect or inconclusive. I've liked his work in the past but I'll always side with protecting the ladies (Though like many I hate condoms in porn), to the men working in porn, we watchers of straight porn watch for the ladies, so don't screw around with their safety.
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