Filing # 93696738 E-Filed 08/06/2019 06:10:17 AM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL

CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA

JERMAINE CARLOS DIAZ,

Plaintiff/ Counterdefendant,

V. CASE NO: 2019-CA-8025-O

RAYON SHERWIN PAYNE

d/b/a FOLKSALERT APP.

Defendant/ Counterclaimant.
______________________________/

COUNTERCLAIM

Defendant/Counterclaimant, RAYON SHERWIN PAYNE d/b/a FOLKSLAERT APP, sues

Counterdefendant, JERMAINE CARLOS DIAZ, and states as follows:

COMMON ALLEGATIONS

1. This is an action for damages in excess of $15,000.00 exclusive of interest and attorneys’

fees.

2. RAYON SHERWIN PAYNE d/b/a FOLKSALERT APP., “Counterclaimant” is a

resident of Orlando, Orange County, Florida residing at 8815 Conroy Windermere Rd.

Orlando Fl 32835.

3. JERMAINE CARLOS DIAZ, “Counterdefendant” is an individual who is a resident of

Harris County, Texas residing at 1927 Johnson St., Houston TX 77007.

4. Counterclaimant founded Folksalert in 2007 which started as a blog website and evolved

into an App available on Apple and Google Play App Stores. The Folksalert brand from

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 the begin has focus on Human Trafficking related news content and telling stories about

current and former individuals who were involved in the lifestlye of Sex Trafficking.

5. Since 2012 Counterclaimant has interacted and did a number of interviews with the

Counterdefendant (1) on September 22, 2012 and (2) on September 27, 2012 which

included former pimp Kenneth Ivy aka Pimpin Ken and and individual known as Father

Divine. During both of these interviews Counterdefendant spoke openly and all parties

were aware of the interview being recorded and it was for public consumption.

6. Late 2018 Counterclaimant started working on short documentaries stories about well

known individuals in the Sex Trafficking lifestyle. The goal of these documentaries was

to tell the backstories through interviews and court documents.

7. The Counterdefendant is well known in the Pimp and Sex Trafficking community who

use the pimp moniker “Young Lace” and has been the recipient of the MVP awards at the

2018 Playerball an annual even where pimps gather.

8. In early 2019, Counterclaimant started pre productions on the documentary entitled “The

Blue Print - A Dangerous Sex Offender (Young Lace)” and began releasing trailers on

the Folksalert Youtube channel.

9. On or around early February 2019 Counterdefendant did a live broadcast on instagram with

Warren K. Barconia a well known pimp who use the pimp moniker “GGov” where they express

their unhappiness about Counterlaimant documentary and stated they were putting a “bag” on

Counterclaimant head and had $50k for anyone who would brought Counterclaimant. During

the same live stream Counterdefendant and Warren K. Barconia made several false statements

such as the Counterclaimant Folksalert App. gave him access to users phone and he would

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 know who they are, that Counterclaimant works for the Feds, and the Counterclaimant has a

rape case amoung many other faleshood statements.

10. On February 15, 2019 Counterclaimant began getting a series of calls and texts from phone

number 409-926-2617 a male identified himself as Tyler Counterclaimant told him to stop

texting which he ignored and continue texting.

11. On or around February 16, 2016, Counterdefendant called Counterclaimant from an unknown

number where he made several threatening verbal statements one stating that Counterclaimant

will get to know him real soon.

12. On February 17, 2019, Counterclaimant filed a police report with the Orlando Police

department to document the events under OPD case #2019-00064684.

13. On February 19, 2019, Counterclaimant got more phone calls and text from phone number

409-571-2599, saying “What can we do to resolve this matter keko?” Counterclaimant ignored

it.

14. On February 20, 2019, a black male who was later identified on Youtube by username “RoyalT

nicct” approached Counterclaimant at work in a threatening manner and said, “You can’t fit no

hoe on that golf cart” similar statements was repeated under Counterdefendant video on

Youtube titled “Where’s Keko”.

15. On or around February 20, 2019, an unknown person(s) called Counterclaimant job several

times from phone number 409-926-2617 and 713-257-8226 and spoke to management stating

that they were calling on behalf of their client in Texas they wanted to inform management that

Counterclaimant a rapist and dangerous sexual predator.

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16. On or around February 20, 2019, Counterdefendant posted a video on his Youtube page titled

“Where’s Keko” Counterdenfendant expressed that he was sure that Counterclaimant was fired

and if he wasn’t Counterdefendant said he was going to pay for a rape victim group to post

flyers in the apartment community informing the residences about Counterclaimant. The

Statements by Counterdefendant confirm he had knowledge of the phone calls to

Counterclaimant job to harass him for no legitimate reason.

17. On or around February 20, 2019, Counterdefendant and Tyler Dickens contacted Sandra Koch

who currently reside in Longwood, Florida. Ms. Koch is the mother of Counterclaimant

younger son. Counterdefendant and Tyler Dickens tricked Ms. Koch into making unpleasant

remarks out of anger about Counterclaimant. Counterdefendant and Tyler Dickens secretly

recorded said phone conversation which was posted to Counterdefendant Youtube page titled

“KEKO IS CAUGHT READ HANDED BEING A JANITOR” the video contains video clips of

Counterclaimant at work several days and at his home.

18. On or around February 20, 2019, Warren Barconia working in concert with Counterdefendant

posted videos and images of Counterclaimant to his Facebook page in one post he said;

When the game come together we can never be stopped or trolled! We

found Keko Mardi aka Rayon S Payne owner of Folksalert! PS no need
to worry about him 24 hour surveillance! See attached Exhibit.

19. On or around February 22, 2019 Counterdefendant posted another video to his Youtube channel

and Twitter with Counterclaimant mother’s full name and address.

20. On February 22, 2019, Counterclaimant filled a Petition For Injunction For Protection Against

Stalking” it was granted and a “Temporary Order” is in place. See case#48-2019-DR-002903-O

with the Clerk of this court.

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21. On or around February 26, 2019, Counterdefendant posted another video to his Youtube page

titled “LACE REVEALS KEKO” which is 18:05 mins at timestamp 8:36 Counterdefendant said

“I’ve had countless opportunities to blow his top off” referring to Counterclaimant who he

identified by name in the video suggesting he can get him murder anytime he chooses.

22. On or around March 10, 2019, Counterclaimant daughter mother Sherita King received a

Facebook message from user name Tyler Dickens stating he was doing an investigation and

wanted her to provide him information on Counterclaimant.

23. On or around March 11, 2019, Instagram username name “iamtankdickens” wrote a comment

on Counterdefendant instagram page “moneytoblowmusicgroup” stating “Text me back?” that

user is the same individual who made unwanted called and texted to Counterclaimant, he also

was part of the illegal phone recordings of Counterclaimant son’s mother Sandra Koch as well

contacted Counterclaimant’s daughter mother. This confirms that him and Counterdefendant are

working together to intentionally harassed and harm Counterclaimant.

24. On or around Feberay 2019 and July 2019 the Counterdefendant has filed a number of meritless

Copyright Content Takedown “DMCA” with Youtube against Counterclaimant in an effort

harass and to get his Youtube channel deleted or removed the trailer of the documentary “The

Blue Print - A Dangerous Sex Offender (Young Lace)”.

25. The Counterdefendant has even went as far as threaten Counterclaimant fans who follow his

page by saying he will pay to have people look into their background.

26. The express herein an ongoing effort by Counterdefendant and other seeking to harm and

harass Counterclaimant. Counterdefendant made ​verbal threats follow with making calls/

texts and had individuals follow and videotape ​Counterclaimant at his home and work,

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 this was done with no legitimate purposes. The Counterdefendant has a violent criminal

past for which he is a lifetime register sex offender as a result for forcing a child in to

prostitution by using a gun. ​Counterclaimant is fearful for himself and family member’s

life.

27. All conditions precedent to the bringing of this counterclaim have been performed,

waived or excused.

COUNT ONE
VIOLATION OF FLA. STAT. § 720.304(4) – THE ANTI SLAPP STATUTE

28. Counterclaimant incorporates by reference all allegations contained in paragraphs 1

through 27 inclusive.

29. Counterclaimant own an online app “Folksalert” which host his podcast interviews and

content news information related to sex trafficking as well maintain serveral social media

pages with the name Folksalert information is shared. And is the executive producer of

the documentary “The Blue Print - A Dangerous Sex Offender (Young Lace)” which is

about the Counterdefendant activies on social media as a register sex offender and a

convicted sex trafficker of a minor child.

30. The “Folksalert” app was aimed at a listenership consist of people who are current or

formally involved in the lifestyle sex trafficking, members of the public, public officials,

and other members of the community concern about Sex Trafficking.

31. Counterclaimant has interview guest who share their views and insight with the public

about sex trafficking.

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32. Through Folksalert, the Counterclaimant has engaged in his constitutional right of free

and protected speech to speak out about concerning community issues that directly

impact the public. Counterclaimant’s choice to produce a documentary about

Counterdefendant, JERMAINE CARLOS DIAZ, as a sex offender and convicted sex

trafficker is an issue of great public importance.

33. Counterdefendant action is an attempt to ​suppress free speech​, intentionally and

unlawfully retaliated against Counterclaimant after threats of violence did not work.

Counterdefendant has attempted to thwart or stifle Counterclaimant’s speech by the filing

of a SLAPP suit in contravention of Fla. Stat. § 720.304.

34. SLAPP suits are specifically precluded under Florida law and violations are punishable

through the awarding of extraordinary and expedited relief. Notwithstanding, in

contravention of Florida’s anti-SLAPP suit provisions, the Counterdefendant,

JERMAINE CARLOS DIAZ, has pursued its action against Counterclaimant, in its

Complaint filed herein.

35. As a result of Counterdefendant’s unlawful and wrongful conduct, Counterclaimant has

been damaged by virtue of being subjected to the expenditure of unnecessary time and

fees to defend JERMAINE CARLOS DIAZ’s, frivolous and specious SLAPP suit action

filed against him, suffered a chilling effect upon his free speech rights, and has been

forced to suspend production of the documentary and limit his podcast interviews.

36. Pursuant to Fla. Stat. § 768.72, Counterclaimant specifically reserves his right to amend

this pleading to assert entitlement to an award of punitive damages upon the proffer of

evidence demonstrating a reasonable basis for recovery of such damages.

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WHEREFORE, Counterclaimant, RAYON SHERWIN PAYNE d/b/a FOLKSALERT APP,

requests Judgment for compensatory damages in an amount in excess of $15,000.00, plus costs,

interest (including pre-judgment interest), and attorneys’ fees pursuant to § 720.304(4), Fla.Stat.,

along with such further relief as the court determines just under the circumstances.

COUNT TWO
ABUSE OF PROCESS

37. Counterclaimant incorporates by reference all allegations contained in paragraphs 1

through 36 inclusive.

38. The Counterdefendant has made an illegal, improper, or perverted use of the legal

process by filing the underlying lawsuit.

39. The Counterdefendant had an ulterior motive or purpose in exercising the illegal,

improper or perverted process.

40. The Counterclaimant was injured as a result of defendant's action.

41. On approximately February 22, 2019, Counterclaimant, had procured a temporary

injunction from this Court against Counterdefendant because of his verbal threats of

violence and harassment.

42. All attempts to server Counterdefendant were unsuccessful because he’s has made every

attempt to avoid service see case#48-2019-DR-002903-O with the Clerk of this court.

43. The Counterdefendant filed an action for “Defamation” in this Circuit Court, in and for

Orange County, Florida, case# 2019-CA-8025-O, against Counterclaimant as a result to

the cover his illegal acts against Counterclaimant.

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44. The filing of the action by the Counterdefendant constitutes an abuse of process in that

the action was not filed because Counterdefendant believed the continued posting of

Counterclaimant’s documentary trailers or statements were slanderous, or because

Counterdefendant suffered monetary loss as a result of the statements, or because

Counterdefendant’s reputation had been damaged as a result of the statements. The action

was also not filed to redress any damage suffered by the Counterdefendant, or for any

other proper purpose. Rather, despite knowing that the published statements were

protected by absolute and qualified privileges, knowing that the conditions precedent to

filing a libel suit had not been made, and despite the fact that the statements made by

Counterclaimant were true, Counterdefendant nevertheless filed the action for improper

purposes, with ulterior motives, to accomplish certain ends or goals for which the legal

process was not designed, namely to:

A. Attack the credibility and reputation of Counterclaimant and his opinions and

views;

B. Intimidate Counterclaimant so that he and other individuals and organizations

with opinions and views contrary to Counterdefendant’s would restrict or

terminate their efforts to bring those opinions and views to the attention of the

public;

C. Inhibit Counterclaimant’s willingness to assist in efforts to advocate in opposition

to the fundamental changes occurring in communities all across the United States,

matters of great public importance about Human and Sex Trafficking;

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 D. Otherwise hamper Counterclaimant’s ability and willingness to exercise his

constitutional right to freely express his opinions and views and thereby censor

his speech; or

E. To avoid answering a pending case before the court.

45. As a direct and proximate cause of Counterdefendant’s actions, Counterclaimant’s ability

and willingness to advance his opinions and views have been negatively affected, as has

his willingness to petition social media officials about register sex offenders on their

platform and his willingness to inform the public on matters of great public importance.

Furthermore, the free speech rights of many other individuals have been chilled.

46. Counterdefendant’s action in filing his Complaint for an improper purpose was done

willfully, maliciously, oppressively, and in conscious disregard of Counterclaimant’s

constitutional right to free speech.

47. Pursuant to Fla. Stat. § 768.72, Counterclaimant specifically reserves his right to amend

this pleading to assert entitlement to an award of punitive damages upon the proffer of

evidence demonstrating a reasonable basis for recovery of such damages.

WHEREFORE, Counterclaimant, RAYON SHERWIN PAYNE d/b/a FOLKSALERT APP.,

requests Judgment for compensatory and special damages in an amount in excess of $15,000.00,

plus costs, Attorneys fees, interest (including pre-judgment interest) and such further relief as the

court determines just under the circumstances.

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 COUNT THREE
CIVIL CONSPIRACY

48. Counterclaimant incorporates by reference all allegations contained in paragraphs 1

through 47 inclusive.

49. Counterdefendant acting in concert, jointly and severally with Tyler Dickens, Warren K.

Barconia and unknown individuals intentionally to commit an unlawful act by repeatedly

harass ​Counterclaimant by phone, text, following, electronically and through family

members.

50. Counterdefendant and all actors made an agreement to accomplish one unlawful goal

harm Counterclaimant at all cost.

51. Counterclaimant has suffered damages as a result of the ​conspirators​ unlawful actions.

WHEREFORE, Counterclaimant seeks to have ​each conspirator and ​judgment for compensatory

and special damages in an amount in excess of $15,000.00, plus costs, Attorneys fees, interest

(including pre-judgment interest) and such further relief as the court determines just under the

circumstances.

COUNT FOUR
FRAUD

52. Counterclaimant incorporates by reference all allegations contained in paragraphs 1

through 51 inclusive.

53. Counterdefendant has made a number of false statements with respect to material fact in

his Complaint most notable paragraph #14 where he said “despite the two having never

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 met…” that statement is a lie. Counterdefendant has done two interviews and has

interacted with Counterclaimant off and on since 2012.

54. Also false statement in his Complaint paragraph #8 “Diaz has never been designated a

dangerous sex offender”. The trial Judge found it necessary to classified

Counterdefendant as a sex offender for life in order to protect the community from

danger and that danger being Counterdefendant. The trial evidence shows Diaz appeared

with two other pimps, brandished a handgun, and told the minor that she. The minor

testified that she was “afraid” to disobey.

55. The statements alleged in paragraph #44 and #46 a false and Counterdefendant knew or

should have known that those two recordings were conducted in 2012 which

Counterdefendant was a willing participant.

56. Counterdefendant ​made the false misleading statements to induce ​Counterclaimant ​to act

on it and made intentionally and knowingly with intent to mislead.

57. The​ false statement of material fact cause injury to ​Counterclaimant.

WHEREFORE, Counterclaimant, RAYON SHERWIN PAYNE d/b/a FOLKSALERT APP.,

requests Judgment for compensatory and special damages in an amount in excess of $15,000.00,

plus costs, Attorneys fees, interest (including pre-judgment interest) and such further relief as the

court determines just under the circumstances.

COUNT FIVE
INVASION OF PRIVACY - PUBLIC DISCLOSURE OF PRIVATE FACTS

58. Counterclaimant incorporates by reference all allegations contained in paragraphs 1

through 57 inclusive.

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 59. Counterdefendant ​publication to a large number of people ​Counterclaimant mother’s

name and address on Twitter and Youtube.

60. The information was private facts not easily available to the public.

61. Counterdefendant ​publication of the information was highly offensive and was not of

public concern.

62. The information was facts but was posted by a convicted sex trafficker and register sex

offender and has place a negative false light on Counterclaimant.

WHEREFORE, Counterclaimant seek to ​recover damages for the harm to his reputation from the

position in which he is placed in and would like ​conspirator and ​judgment for compensatory and

special damages in an amount in excess of $15,000.00, plus costs, Attorneys fees, interest

(including pre-judgment interest) and such further relief as the court determines just under the

circumstances.

COUNT SIX
INJURIOUS FALSEHOOD

63. Counterclaimant incorporates by reference all allegations contained in paragraphs 1

through 62 inclusive.

64. Counterdefendant made false state during an Instagram live where he stated that

Counterclaimant had a rape case and was working with the federal government.

65. The statements were broadcast on Instagram social media platform.

66. Counterdefendant’s falsehood statements were defamatory with requisite intent

negligence and malice.

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WHEREFORE, Counterclaimant seek a written and public video apology on his Instagram

platform where the statements were made from and Counterclaimant seek to ​recover damages for

the harm by Counterdefendant and special damages in an amount in excess of $15,000.00, plus

costs, Attorneys fees, interest (including pre-judgment interest) and such further relief as the

court determines just under the circumstances.

COUNT SEVEN
EMOTIONAL DISTRESS - INTENTIONAL INFLICTION

67. Counterclaimant incorporates by reference all allegations contained in paragraphs 1

through 66 inclusive.

68. Counterdefendant conduct against Counterclaimant was intentional and reckless he had

individuals follow the Counterclaimant and even said he could have his head blown off if

he wanted too.

69. Counterdefendant action was conduct was outrageous by involving family members by

posting Counterclaimant mother’s information on social media. He contacted

Counterclaimant son’s mother and secretly recorded the phone call, and he call

Counterclaimant’s job.

70. Counterclaimant has suffered emotional distress because every time he steps outside his

home or at work he fear someone will try to kill him.

WHEREFORE, Counterclaimant seek to ​recover damages for the harm by Counterdefendant

and special damages in an amount in excess of $15,000.00, plus costs, Attorneys fees, interest

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(including pre-judgment interest) and such further relief as the court determines just under the

circumstances.

COUNT EIGHT
TORTIOUS INTERFERENCE: WITH ADVANTAGEOUS BUSINESS RELATIONSHIP

71. Counterclaimant incorporates by reference all allegations contained in paragraphs 1

through 72 inclusive.

72. Counterclaimant has a non-enforceable contractual business relationship with Youtube

where clips of his content is posted to engage with his fans.

73. Counterdefendant had knowledge of this relationship because he has made a number of

efforts to have content removed.

74. Counterdefendant intentionally seek to unjustifiably interfered with Counterclaimant

relationship with Youtube be filing meritless DMCA claims.

75. As a result Counterdefendant conduct Counterclaimant has suffered.

WHEREFORE, Counterclaimant seek to ​recover damages for the harm to his business

relationship with Youtube and special damages in an amount in excess of $15,000.00, plus costs,

Attorneys fees, interest (including pre-judgment interest) and such further relief as the court

determines just under the circumstances.

COUNT NINE
INJUNCTION FOR PROTECTION AGAINST AGGRAVATED CYBERSTALKING
PURSUANT TO FLORIDA STATUTE 784.048(3)

76. This is a petition for an injunction against Counterdefendant for Aggravated

Cyberstalking.

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 77. Counterclaimant incorporates by reference all allegations contained in paragraphs 1

through 75 inclusive.

78. Counterdefendant is register sex offender who currently reside at 1927 Johnson St.

Houston TX, 77007.

79. Counterdefendant is 36 years old, DOB -10/15/1983, height - 5’10”, weight - 180lb, Hair

color - black, Eye color - brown.

80. Counterdefendant alias are Young Lace, Lace The Blue Print, Carlos Diaz, Jamaine

Carlos Larcus.

81. Counterdefendant has cyberstalked Counterclaimant by ​aggravated cyberstalking

willfully, maliciously, and repeatedly follows, harasses, and made a credible threats by

calling ​Counterclaimant ​on or around February 2019 and expressing that he could get his

top blown off. As ​Counterclaimant described in paragraphs 9 through 27, thus put

Counterclaimant in ​reasonable fear for his safety as well his family and individuals

closely associated with him because the Counterdefendant has had unknown individuals

follow Countertaimant and videotape him at work and at his home.

82. Counterclaimant seeks a permanent injunction against Counterdefendant which

immediately restrains Counterdefendant from committing any acts of cyberstalking direct

or indirectly by 3rd party.

WHEREFORE, Counterclaimant moves this Honorable court to enter an order of permanent

injunction against Counterdefendant for ​Aggravated Cyberstalking, and grant such other relief

this Court deems just and proper.

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 Respectfully submitted,
RAYON SHERWIN PAYNE, PRO SE

/s/ Rayon Payne

_______________________________
8815 Conroy Windermere Rd
Ste. #208
Orlando Florida 32835
Tel: 646-543-6557
Email: info@folksalert.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY ​that a true and correct copy of the foregoing has been furnished

via the Florida Courts E-Filing Portal this 6th d​ ay of August, 2019​, ​to: ERIC P. LARUE II, 501

S. New York Ave. Winter Park Fl 32789.

RAYON SHERWIN PAYNE, PRO SE

/s/ Rayon Payne

___________________________

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