TAMPA - Judge Susan C. Bucklew has reserved her ruling on whether or not Max Hardcore aided and abetted distributor Jaded Video in sending five allegedly obscene DVDs to Tampa via the U.S. mail.
"This is a substantial issue," the judge said. "I am going to reserve."
Judge Bucklew will rule on the defense's motion to dismiss five of the ten obscenity charges against Max Hardcore after the jury either reaches a decision or announces that it is unable to return a verdict. By reserving judgment, the judge may overturn the charges even if the jury convicts Max Hardcore.
The motion does not affect the federal charges against Max Hardcore related to distributing obscenity via the Internet.
Judge Bucklew dismissed the defense's argument that the jury was not allowed to take the evidence "as a whole." She also denied a motion arguing that the government had not shown sufficient evidence to prove the material appealed to the prurient interest of an atypical group.
According to AVN's Mark Kernes, Judge Bucklew "has not decided whether the mere fact that Max World sold the DVDs to Jaded Video constituted enough involvement to meet the 'aiding and abetting' charge."
The case goes to the jury tomorrow afternoon.