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Judge Tosses 2 Counts of Stagliano Obscenity Indictment

Judge Tosses 2 Counts of Stagliano Obscenity Indictment

WASHINGTON, D.C.—Saying that government Exhibit 9, the CD-R allegedly containing a copy of the trailer to Fetish Fanatic 5 that was dowloaded from the Evil Angel website, was inauthentic because it was not an accurate representation of the material, Judge Richard J. Leon ruled that the exhibit could not be part of the government's evidence, and ruled that the disk must excluded from the jury's consideration.

The judge was ready with his ruling as court convened at 10:30 this morning—perhaps surprisingly because since the trial was adjourned last evening, the prosecution had filed two motions to prevent the exclusion of the disk, and the defense had filed a reply. And although none of the documents was long, they raised legal issues that the judge and his staff would have had to consider before he could make his ruling.

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The judge opened his decision by thanking counsel for their pleadings overnight, then launched into a recapitulation of the events of Wednesday afternoon, which included the government's first presentation of the evidence; how the CD containing the trailer delivered no audio track at all as the judge, jury and attorneys watched the CD play on the courtroom monitors, and eventually froze in mid-play with one minute and 53 seconds still left to go on the trailer; how prosecutor Pamela Satterfield stated, after a short recess, that the CD was "corrupted" but that she had a back-up copy; how the defense objected to the copy's use without a verification that it was identical to Exhibit 9; how, after another break, Satterfield reported that Exhibit 9 was in fact playable, but defense counsel who had observed the playback had noticed "glitches" in both the exhibit and its copy—glitches that seemed to appear randomly, and in at least one case froze the video image for at least 10 seconds while the audio continued to play.

These problems, Judge Leon ruled, were insurmountable if either disk were to be used as evidence before the jury, because "The trailer here does not depict illegal acts; it is the illegal act," he said, and that if the jury could not rely on either disk to accurately represent what FBI Special Agent Daniel Bradley had seen and allegedly downloaded from Evil Angel's website, it could not pass muster as evidence under Federal Rule of Criminal Procedure 901.

While he had previously ruled that the jury need not watch every frame of the two movies and one trailer charged as obscene in the government's indictment, the judge affirmed that the jury had to have at least the opportunity to look at all of the material, and with the glitches in both the exhibit and its copy, they could not reliably do that—and that therefore, all counts of the indictment relating to the charged trailer would have to be dismissed from the case or modified.

These would include Count 3, where the defendants were charged with "knowingly use an interactive computer service and other facilities and means, in and affecting interstate commerce, for the purpose of distributing  obscene matter, that is, a motion-picture trailer identified as 'FETISH FANATIC CHAPTER 5,'" and Count 7, where the defendants were charged with "knowingly us[ing] an interactive computer service to display an obscene image, that is, a motion-picture trailer identified as 'FETISH FANATIC  CHAPTER 5' in a manner available to a person under 18 years of age."

The ruling also affected Count 6, where it required the removal of mention of the trailer as one of the items that the defendants had "knowingly possess[ed] with the intent to distribute obscene motion-picture films ... which had been shipped and transported in interstate commerce."

"As a practical matter, that will dispose of two counts and part of a third," the judge told the attorneys for both sides. "I trust this will be a valuable lesson for the FBI and the Justice Department."

After the ruling, Stagliano's attorney Paul Cambria asked the judge for a recess in order to "reboot" the defense strategy for the case, and the judge recessed the trial until 2:15 this afternoon.

Check back to AVN.com for more information later.






Related Content:

Evil Angel (EA) Productions
John Stagliano
Mark Kernes

Comments

Posted 07/15/2010 by cal444
For John to actually get a fair, unbiased ruling they would have to select strippers and adult performers to the jury. It is a jury of your peers correct? Not a bunch of non-porn Joes and Debbies, that most likely are experiencing "gonzo type porn" for the first time. The picture of piss drinking and milk enema consumption, vaginal and anal explosions to rival a 4th of July celebration. The imagery planted in their, "gonzo virginal brains" will take some getting acclimated to. That might take some time to fade in their short term memory. Adjusting to the super exebitionist sexually intensified spicific acts with a clear almost microscopic focus on the act being displayed by the title. Known as "title integrity" to industry insiders. Unfortunatley the trial will not last long enough for the pictures branded in their minds eye to heal over. Hopefully they're vision is unobstructed and sharp enough to see through the smoke screen the proscution has so expertly clouded the issue with, and see the clear picture of a government run amuck with fabricated charges for nothing more than a glorified ego stroke, no quams what so ever in taking down a innocent bystandard, colladeral damage, they must think that to justify their reprehencable actions in their own consience, or do these "governmental drones" just not see the injustice they are provoking, for what? Who's safety is in question? It's entertainment, not brain surgery,if you don't like it, get professional help to stop this questionable overwhelming impulse you can't seem to control. Must buy the nasty porn, the stuff that makes me wanna puke up my $60 lunch on my $2000 Brooks Brothers Suit kinda a nasty smut. I'm quite certain the FBI guy and the proscutiong attorney test drove the DVD's first hand, reproducing the acts they saw in the movies like show and tell in your cousins basement. When no adults were around to supervise you showed her yours, she showed you hers. It got all tingley, forbidden, fer sur, you knew if you got caught your ass would be grass, the sensation that was new but somehow seductive, in your heart you knew playing with your cousins slippery pink folds while she pumped your cock up and down in and out. This was a clear violation of a family policy that you have never been told was wrong, but instinctivly you knew this was special, lets never get caught, kinda stuff. Just the mere mention of her name sent prickly sensations through out your man meat. They ordered the DVD's that clearly illustrated the box with the acts on the disc. They purchased the material knowing full well in advance it was bought with the intention of charging a established industry leader to set an example. Stag didn't produce the movies. Independent directors, that own their own product, that Evil distributes on a piece by piece basis, made the productions, where it's acceptable to produce adult content of all kinds and kinks. If they charge the producer/director instead of The Evil Empire, they possibly take down a producer that may have three lines. Evil has a wide array of director/producers under it's distribution umbrella. You take down Evil you take down an extensive stable of some of the most popular directors in the industry. It's a publicity grab based on bad policies brought on by the Bush administration to begin with. Bush is long gone but his stench will hang through out the government agencies and it's legislative/judicual branches for decades to come, like the smell of death, the country will permiate till all that remains of his command is lost in time, like tear drops, in the rain, We all remember how solid the Bush agenda was. The longer term ramifications of his, or rather Chaney's decisions on the country and it's citizens is evidenced right here by this trial going full steam ahead wearing blinders to the fact that there will be no favor won by persuing this line of entrapment. To be frank we the people are sick and tired of you self obsorbed, holyer than thou, hippicritical liars, any action is justified by winning the case even if you know in your heart that what you're doing and persuing is only a another attempt to chip away at the unmanagable bolder that is the internet. Chip chip chip away and if you percivere long enough and be persistant in your chip, chip, chiping for long enough you may turn turn turn the bolder into a marble. A bolder is too broad, too bulky to manage, a marble on the other hand is so managable, you can just slip it into your pocket and control what it does at all times, after all it only use to be a bolder, now, it's been chipped chipped chipped into submission but small amounts at a time that way it's a subtle, gradule transformation that over a extended period of time, chip, chip, chip becomes almost inpercievable and the next thing you know the FCC is regulating all the domestic content. You'll have the feds calling the content shots not the demand for certain material regulating it's own supply and demand, not one old fart with dreams of Opy and Andy dancing in his head. Mitch Miller, now that's entertainments finest hour. The people that should be charged in this case are the FBI agent and the proscuter responsible for putting this diabolic, get famous quick, scheme together. They knowingly ordered material into a community with delicate sensibilities and community standards puritanical in it's toleration for other points of view. Stag did not carpet bomb the town with obscene DVD's for children and elders alike to view in horror. No, they ordered the flixx intentially, to charge and proscute someone that has put a lot of time and effort to reach the top of the shit heap on sheer determation and the refusal to submit under all circumstances. To gain ultimate rein over the internet the government will not even bother to count the shattered carcesses, broken businesses and unemployed workers left behind in the debrit of the chip chip chip reminates in attaining control over the net. It's the goal of certian agencies beyond all other goals to be the eyes and ears of the net to keep us from distroying ourselves by our own uninformed actions, or could it be that the net is at this pointin time, beyond control and information is reported unfiltered by the current "powers that be" that run the public news domestically, thay want the tap on speed dial for instant modifications in case something of a sensitive nature was to be publicized without first clearing it through the channels that determine what is reported by the media in our own best interest. Hope this is a hip jury for all our sakes because I'm hearing the faint chip chip chip, chip chip chip in the not so far away future, chip chip chip, sounds strangly like a marble just dropped on the floor OOOps :) Cal444
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