Jones Hearing Set For March

WOODSTOCK, Illinois -- On the heels of a decision last month by Judge Prather to grant the defense motion to suppress all evidence against Mike Jones from a search and seizure of his home and business, the judge has granted the State's Attorney leave to file a motion for reconsideration on March 19.

CDBabes owner Mike Jones was arrested for obscenity and child pornography in 2001. He has since sold CDBabes to another company.

The judge had originally ordered evidence seized from the raid on Jones' property suppressed after ruling that the search warrant used at the time was overbroad and "violative of the First Amendment.'

Judge Prather determined that the search warrant used in the Jones case authorized a "general search" for obscene and underage materials, but that it lacked particularity that might direct and limit the officers as to what they were to seize.

She further determined that the search itself devolved into a constitutionally impermissible "general search" and that it amounted to an improper prior restraint on free speech without adequate judicial oversight.

According to Jones' attorney J.D. Obenberger, the officers at the scene seized adult tapes held for private purposes in two bedrooms, seized the computer that Jones' 14-year-old daughter used for schoolwork, almost all financial records, and every videotape, floppy disk, and computer in sight.

Instead of dismissing the case last Friday, Prather has decided to reconsider the right to suppress evidence, although there is a strong likelihood that she will deny the State's Attorney's motion. If the evidence is suppressed, it starts the clock for another 30 days in which the prosecution can file a motion to appeal.

"We believe the state's motion to reconsider is not supported by the law and we expect that Judge Prather will deny it," Obenberger told XBiz. "The state knows that Mike Jones never was a child pornographer. The state knows he never had knowing possession of child porn. I am deeply convinced that had the evidence not been suppressed, Mike Jones would be acquitted of all charges."

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.

JustFor.fans Launches BlueSky Autoposting Feature

JustFor.fans has launched a new BlueSky autoposting feature that shares JFF posts on the social media platform.

Pineapple Support Introduces 'Sacred Rage' Support Group for Performers, Creators

Pineapple Support will host a free online support group for performers and creators, designed for individuals struggling with intense emotions and the pain often hidden behind their anger.

FSC: Kansas Attorneys Seeking Plaintiffs to Sue Adult Companies Over Age Verification

Free Speech Coalition (FSC) has released a statement warning that a personal injury law firm in Kansas is soliciting plaintiffs to sue adult companies under the state's age verification law.

Ukrainian Parliament Registers Bill to Decriminalize Porn

Ukraine's parliament, the Verkhovna Rada, registered a bill today to decriminalize the creation and distribution of pornography.

Cherie DeVille Guests on 'Sex Tales' Podcast

2023 XBIZ Performer of the Year Cherie DeVille is the latest guest on the "Sex Tales" podcast, hosted by Melissa Stratton and Vanniall, streaming on the company’s “Camming Life” YouTube channel.

Niki Media Acquires BritSexCash

Production studio Niki Media BV has acquired affiliate program BritSexCash.

FSC Warns of Nude Photography Site Falsely Claiming Affiliation With Organization

Free Speech Coalition (FSC) published a statement Friday warning of a nude art photography website fraudulently claiming to be associated with the industry trade organization.

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday’s election and concerns about Project 2025’s potential ramifications, MojoHost President Brad Mitchell has released a statement affirming its commitment to the adult industry.

Show More