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Buttman John Stagliano


John Stagliano prosecuted for obscenity


3rd August
2010
  

Offsite: Prurient Interest...

America Wins As Government Loses Obscenity Trial

John Stagliano was set free last week when a federal judge ended his obscenity trial on procedural grounds. If convicted, John would have been jailed for 32 years and had his home and business confiscated.

Instead, a few million dollars of your tax money was wasted by a Department of Justice investigation, purchase, viewing, and indictment of Milk Nymphos, Storm Squirters, and Fetish Fanatic.

The charge was simply that the DVDs appealed to the average person's prurient interest, were patently offensive, and lack serious literary, artistic, political, or scientific value. These are the actual words of the Miller Test that guide the law. If you can get a jury to agree that a given recording, painting, book, DVD, or stage show meets these three tests, the government can declare the thing obscene. It then loses its First Amendment protection, and it creator and distributor can be sent to jail.

...Read the full article

 

17th July
2010
  

Update: Prosecution Get their Butt Kicked...

John Stagliano cleared at obscenity trial

The judge has ruled the John Stagliano case is over.

US District Judge Richard Leon, ruling that the government didn't meet the burden of evidence on any of the eight charges, admonished prosecutors over their efforts.

I trust that the government will learn a lesson when going forward, Leon said in his ruling. The myriad of novel legal issues that have bubbled up in this case will continue to pop up around the country.

Leon found that the government had not shown any evidence that either of the two corporate entities effectively had any direct ties to the charges, or that the defendant himself had any direct links to the videos he was charged with.

While there was circumstantial evidence, Leon ruled that it was insufficient for a jury to find guilt beyond a reasonable doubt.

The courtroom erupted into applause after the judge read his ruling and dismissed the jury.

Outside the courtroom Stagliano, perhaps joking, said he was disappointed. [The government] didn't put up much of a fight. They were sloppy and not passionate and doing the prosecution for the wrong reasons, Stagliano told XBIZ.

A Stagliano attorney, Louis Sirkin, told XBIZ that it proves if you've got the guts to fight, wonderful things can happen. He compared Stagliano to Lenny Bruce and others who protect the 1st Amendment.

 

7th July
2010
  

Update: Kicking Butt...

John Stagliano obscenity trial begins

The jury selection process has begun in the highly-anticipated John Stagliano obscenity trial.

Opening statements will more than likely begin at the end of the week.

Stagliano and his companies, Evil Angel Productions Inc. and John Stagliano Inc, are charged with seven counts for illegal possession, distribution and sale of two videos sent through the mail, Milk Nymphos and Storm Squirters 2 'Target Practice' .

Stagliano faces a maximum of 32 years in jail and $7 million in fines if convicted on all counts. The trial is expected to last two weeks.

 

24th November
2008
  

Offisite: Unconstitutionally Vague...

John Stagliano argues in court against obscenity law

Evil Angel Productions owner John Stagliano will have his first formal chance to get the charges against him dismissed on Tuesday, Nov. 25, when his attorney Allan B. Gelbard will mount a multi-faceted attack on the government's contention that two DVDs sent by Evil Angel to FBI agents in the District of Columbia, and one trailer downloaded there, are obscene.

Gelbard's introduction to his Motion sets out the major arguments he will use before U.S. District Judge Richard J. Leon

Initially, all charges based on the downloading of the Internet trailer from the Evil Angel website are constitutionally impermissible as any finding of obscenity requires the work(s) must be 'taken as a whole' and evaluated based on 'contemporary community standards', Gelbard summarizes: Both terms have been found unconstitutionally vague as applied to Internet speech. Additionally, their cumulative effect, in combination with the government's ability to 'forum shop' the prosecution, further exacerbates the due process violation.

...Read full article




 

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