Judge Denies Motion To Remove Prosecutor From Obscenity Case

A request by attorney's representing a man arrested for selling porn to disqualify Hamilton County Prosecutor Mike Allen and his office from prosecuting the case because of politcal contributions that Allen received from an anti-pornography group has been denied.

Shawn Jenkins was arrested in 2001 for selling a Maximum Hardcore Extreme, Vol. VII from his Corryville store, Tip Top Magazines. He and his store each are charged with single counts of pandering obscenity, charges carrying a maximum sentence of one year in prison.

Jenkins' attorneys said Allen couldn't be fair in prosecuting the case because he has publicly and financially supported Citizens for Community Values, an anti-pornography group that has contributed to Allen's political campaigns,

CCV chairmen Phil Burress gave a $125 dollar contribution to Allen's political campaign. Allen's campaign gave a total of $620 to the CCV.

Kinsley also sought to call Allen as a witness to ask him if or how his public support of CCV and Burress would affect his office's handling of the case.

The case is set for a July 21 trial, the second trial for this case. The first ended with a mistrial in July when prosecutors didn't turn over to defense attorneys all of the videos presented to the grand jury that indicted Jenkins and his business.

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