gonzo
04-10-2008, 09:58 AM
Porn Valley- John Stagliano faces a maximum of 32 years in prison and $7 million in fines stemming from a federal obscenity indictment that was unsealed yesterday by the Justice Dept.
According to a story that appears on www.xbiz.com (http://www.xbiz.com/) court papers reveal that a grand jury was sworn in on Nov. 15.
Stagliano (along with corporate entities Evil Angel and John Stagliano Inc.) was indicted on seven counts of violating federal obscenity laws, which includes the distribution of allegedly obscene materials via mail and Internet.
Al Gelbard, who represents Stagliano, told XBIZ that his client’s case raises interesting constitutional questions. Calling it a waste of the government's resources, Gelbard says he and his client will prevail at trial.
Gelbard said he's trying to get Stagliano arraigned in California.
The movies named in the indictment are "Milk Nymphos," directed by Jay Sin; "Storm Squirters 2," directed by Joey Silvera; and a trailer from Belladonna's "Fetish Fanatic 5."
According to the Xbiz story, Gelbard plans to make a pretrial motion to have the court define what the appropriate community is when relating to alleged obscene works delivered via the Internet.
Accordingly, First Amendment attorney Louis Sirkin filed a similar motion in the Extreme Associates obscenity case. The courts have not definitely ruled on the identity of who comprises the Internet community.
Gelbard also plans to make a motion that obscenity laws are invalid on its face and that taking one trailer out of context out of an entire websire can't satisfy constitutional standards.
Gelbard also hesitated to speculate about the government’s tactic about releasing a press release before the defendant has been served, but said, “all obscenity prosecutions are inherently political.”
According to a story that appears on www.xbiz.com (http://www.xbiz.com/) court papers reveal that a grand jury was sworn in on Nov. 15.
Stagliano (along with corporate entities Evil Angel and John Stagliano Inc.) was indicted on seven counts of violating federal obscenity laws, which includes the distribution of allegedly obscene materials via mail and Internet.
Al Gelbard, who represents Stagliano, told XBIZ that his client’s case raises interesting constitutional questions. Calling it a waste of the government's resources, Gelbard says he and his client will prevail at trial.
Gelbard said he's trying to get Stagliano arraigned in California.
The movies named in the indictment are "Milk Nymphos," directed by Jay Sin; "Storm Squirters 2," directed by Joey Silvera; and a trailer from Belladonna's "Fetish Fanatic 5."
According to the Xbiz story, Gelbard plans to make a pretrial motion to have the court define what the appropriate community is when relating to alleged obscene works delivered via the Internet.
Accordingly, First Amendment attorney Louis Sirkin filed a similar motion in the Extreme Associates obscenity case. The courts have not definitely ruled on the identity of who comprises the Internet community.
Gelbard also plans to make a motion that obscenity laws are invalid on its face and that taking one trailer out of context out of an entire websire can't satisfy constitutional standards.
Gelbard also hesitated to speculate about the government’s tactic about releasing a press release before the defendant has been served, but said, “all obscenity prosecutions are inherently political.”