Backpage.com Trial: Defendants Ask Appeals Court to Remove Judge

Backpage.com Trial: Defendants Ask Appeals Court to Remove Judge

PHOENIX — Former Backpage owners Michael Lacey and Jim Larkin filed a petition with the Ninth Circuit Court of Appeals yesterday seeking an order to recuse the Phoenix federal judge presiding over their criminal trial.

In late September, as XBIZ reported, the defense requested that U.S. District Court in Arizona Judge Susan Brnovich recuse herself over public statements made by her husband, Arizona Attorney General Mark Brnovich, a vocal activist against what he calls “human trafficking,” which includes a lurid pamphlet published by his office.

A month later, Judge Brnovich issued a ruling detailing her refusal to recuse herself from the case, denying the defendants' contention that evidence of her husband’s explicit activism against them as part of a crusade alleging “human trafficking” resulted in a conflict of interest and cast doubts on her impartiality.

Yesterday, Lacey and Jim Larkin filed a “petition for a writ of mandamus” with the Ninth Circuit, asking the higher court to intervene in what they see as a potential source of prejudice against them.

'Inaccurate Assumptions About Backpage'

The development was first reported today by news site FrontPageConfidential.com, which is published by Lacey and Larkin and edited by Stephen Lemons, and is the last journalistic remnant of their once-powerful company, Village Voice Media.

According to Lacey and Larkin’s mouthpiece, AG Mark Brnovich’s “inaccurate assumptions about Backpage go to the heart of the case and raise the specter of potential bias on behalf of the judge.”

“The petition argues that Arizona AG Brnovich ‘has interests that could be significantly affected by the outcome of the case,’ and that his statements and actions 'could cause reasonable people to question the court’s impartiality,'" FrontPageConfidential reported.

As they have since their initial recusal filing in September, Lacey and Larkin made much of AG Mark Brnovich’s tawdry “anti-trafficking” 2017 pamphlet “Human Trafficking: Arizona’s Not Buying It,” which features a cover portraying a stock photo of a very young woman wearing a skimpy top and leaning into the window of a car.

The sensationalistic 2017 pamphlet, still available as a government publication, wildly exaggerates the prevalence of what it calls “human trafficking” in Arizona, illustrates it with stock photography of young cis white women in peril that do not match any known statistics about actual human trafficking and repeatedly mentions Backpage.com — at the time of publication not yet shuttered by the FBI — as engaging in and central to “human trafficking.”

The pamphlet is so much presented as the thoughts of AG Brnovich that it even begins with an introduction titled “Letter From Mark” (sic) where the public servant — and husband of the federal judge in charge of Backpage’s prosecution — takes full ownership of the alarmist statements that follow.

The Issue of Prejudice

In yesterday’s filing, FrontPageConfidential reports, “the defense contends that AG Brnovich, others on his behalf and organizations with which he is associated with have vilified Backpage, assumed its complicity in sex trafficking and drawn conclusions about facts that will be at issue in the trial of Lacey, Larkin and their four co-defendants, which is scheduled to begin April 12, 2021, almost three years to the day after they were arrested by the FBI.”

According to Lacey and Larkin’s lawyers, the recusal “is required under 28 U.S. Code § 455, the federal law that states that any justice, judge or magistrate ‘shall disqualify [herself] in any proceeding in which [her] impartiality might reasonably be questioned’.”

Last month, Judge Susan Brnovich had convinced herself — writing in the third person — of her lack of bias to her own satisfaction, concluding in the formal refusal to recuse herself that Lacey and Larkin are now appealing that “the court will remain impartial in this matter, and no reasonable person fully informed of the facts would question the court’s impartiality based on the court’s marriage to AG Brnovich."

For more of XBIZ's coverage of the Backpage.com trial, click here.

Main Image: The Brnovichs, Arizona's legal power couple.

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

European Industry Initiative Open Mind AI Asks EU to Be Included in AI Legislation Debate

New European industry initiative Open Mind AI penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More