Stagliano Counsel Opposes Latest Prosecutorial Motion

WASHINGTON — Evil Angel founder John Stagliano’s attorney has asked a judge to throw out a motion by Justice Department lawyers to slate a status hearing to resolve pending motions and set a trial date.

Stagliano attorney Allen Gelbard told XBIZ on Monday that he opposes the government’s motion because U.S. Judge Richard Leon has yet to rule on the motions to dismiss the cases and other pre-trial motions against Stagliano, as well as Evil Angel Productions and John Stagliano Inc.

“I suspect the judge is taking his time on the matter because he’s taking the motions seriously,” said Gelbard, who also noted that the judge previously had been bogged down weighing matters over prisoners held at Guantanamo Bay.

Gelbard said that the Justice Department’s latest motion to get a trial date isn’t appropriate because Leon earlier made it clear that it would render an opinion as soon as possible and that other pending motions would not be considered until the court ruled on the motions to dismiss.

“[U]ntil the court rules on the defendants’ motions to dismiss, any such determinations are unnecessary as should the court grant defendants’ motions, these issues will all be moot,” Gelbard said.

Gelbard told the court last week that all of the motions raised in prior motions are “serious and profoundly important constitutional issues pertaining to, amongst other things, the continuing validity of the obscenity doctrine as applied to consensual private recipients, its applicability to Internet communications, and peoples’ rights under the substantive due process guarantees of the 14th Amendment to privately obtain sexually explicit entertainment for use in the privacy of their homes.”

Stagliano, Evil Angel Productions and John Stagliano Inc. were charged with seven counts in April 2008 of operating an obscenity distribution business and related offenses.

The charges stem from the mail and Internet distribution of two movies "Milk Nymphos," directed by Jay Sin; "Storm Squirters 2" directed by Joey Silvera; and a trailer from Belladonna's "Fetish Fanatic 5."

Stagliano, who spoke on Saturday at the Free Speech Coalition’s annual fundraiser at the Skirball Center in Los Angeles, blasted the government over its prosecutorial efforts against him and his companies.

Stagliano was crowned FSC Man of the Year at the event, which draws top industry executives from the online adult, DVD, store owner, sex toy and novelty sectors.

“How would one know what is obscene in this country?" Stagliano asked at the FSC event. “There are no black-and-white answers.”

Stagliano told the crowd of about 300 that he particularly took issue with their efforts to strike from evidence his statements to Reason.tv and the Los Angeles Times.

Justice Department attorneys are arguing that his statements are “irrelevant, inflammatory and, in some instances, blatant misstatements of the law” and should not be allowed as evidence for jurors to hear.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Signature Partners With BunnyCMS for Secure Payment Processing

Signature Payments has partnered with adult content management platform BunnyCMS to offer creators secure payment processing.

Sexologist Dr. Susan Block Files Motion in Meta Lawsuit

Sexologist Dr. Susan Block has reported she has filed a Motion to Vacate with a California court after an arbitrator threw out her case against Meta in June.

TeamSkeet Launches New Travel-Themed Series 'Passport Bros'

Italian star Silvia Soprano and Don Mulatito star in the first episode of the new travel-themed TeamSkeet series, "Passport Bros."

Jasmine Sherni Makes Her Jules Jordan Debut

Jasmine Sherni has made her Jules Jordan debut alongside Lexington Steele in the studio's latest release.

Richard Mann Drops New Evil Angel Scene With Simone Steele

Simone Steele makes her Evil Angel debut in a new gangbang scene, alongside director/performer Richard Mann.

GenderX Drops 'Trans Orgy'

GenderX has released its latest scene, “Trans Orgy,” directed by Jim Powers.

Dolly Dyson Stars in Latest From Immoral Productions

Dolly Dyson makes her Immoral Productions debut and performs her first DP in a new trilogy alongside Brad Knight, Matt Bird and studio honcho “Porno Dan” Leal.

Rebel Lynn Stars in Latest From New Sensations

Rebel Lynn stars with Jay Romero in the latest release from New Sensations.

Raven Lane Makes Her Blacked Raw Debut

Raven Lane has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Coach Cardher.

Anna Claire Clouds Headlines 'Catfished 5' From Sweet Sinner

Anna Claire Clouds toplines “Catfished 5,” the latest release from Mile High Media studio imprint Sweet Sinner.

Show More