Former mixed martial arts fighter War Machine, whose birth name was Jonathan Koppenhaver, is facing 32 criminal charges related to his assault of ex-girlfriend Christine Mackinday (Christy Mack) and her friend Corey Thomas. Attempted murder and sexual assault are among those charges.

Since his arrest War Machine’s behavior has been erratic, and at one point he attempted suicide in his jail cell. During a hearing on Monday, War Machine allegedly blew a kiss at the prosecutor, Deputy District Attorney Jacqueline Bluth. The inappropriate gesture came while his defense attorney pointed out Mack’s status as a well-known porn star as a reason she can not claim War Machine sexually assaulted her during his rampage.

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According to War Machine’s lawyer Brandon Sua, Mack’s profession instilled “desire, the preference, the acceptability towards a particular form of sex activities that were outside of the norm.” The prosecution is trying to ban Mack’s previous sexual history from the case, claiming it’s irrelevant to War Machine’s heinous actions when he not only sexually assaulted Mack, but violently beat her as well. Mack has 48 adult film credits on IMDB.com.

“Because she consented to those acts through her course of employment does not mean the defendant is then entitled to think he can do that to her,” Bluth said. “You can’t make that leap.” War Machine blew the kiss at Bluth in the midst of her making this point, according to Gawker, an act which couldn’t possibly endear him to a jury.

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Sua countered, “The jury needs to know the nature of this relationship, and what was customary and consensual.”

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