Backpage: Appeals Court Validates Questions Raised by Defendants

Backpage: Appeals Court Validates Questions Raised by Defendants

PHOENIX — In a procedural win for the former owners of adult classifieds website Backpage.com, a two-judge panel of the Ninth Circuit Court of Appeals ordered federal prosecutors to address the defense’s request for the judge overseeing the criminal trial to remove herself from it.

Yesterday, Chief Judge Sidney Thomas and Judge Andrew Hurwitz filed an order upholding the petition for a ’writ of mandamus’ presented by the defense of Michael Lacey and James Larkin, former owners of Backpage.

Lacey and Larkin filed a petition with the Ninth Circuit Court of Appeals last month seeking an order to recuse the U.S. District Court in Arizona Judge Susan Brnovich.

In late September, as XBIZ reported, the defense requested that 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’s development was first reported 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.

Judge: The Backpage Case 'Is Not About Backpage'

Last Friday, Brnovich held a hearing and refused to grant the defense a stay until the Appeals decision had been reached.

During that hearing, held over the phone, Brnovich once again repeated that the prejudicial comments made by her husband about Backpage were not grounds for her to recuse herself over the conflict of interest.

“This case is not about Backpage,” she reportedly said during the hearing.

As FrontPageConfidential noted, this is “an assertion that might come as a surprise for anyone familiar with the federal government’s superseding indictment in the case, which mentions Backpage more than 600 times.”

“I do not understand the distinction she’s making between the defendants and Backpage,” Lacey told FrontPageConfidential. “It seems as if, for the purposes of the prosecution, they are one and the same."

Mark Brnovich's Pamphlet

Lacey and Larkin have produced copies of AG Mark Brnovich’s tawdry “anti-trafficking” 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 — 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.

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

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

Copyright © 2025 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

Adult Creative Debuts 'Fans4u' Fansite Template

Web design and marketing firm Adult Creative has launched its new Fans4u fansite template.

FSC Publishes Its 2024 Annual Report

The Free Speech Coalition (FSC) has announced the publication of its annual report for 2024.

Director Andrew Blake Relaunches Site

Director Andrew Blake has relaunched his website.

Eva Maxim Leads AEBN's 'Top 10 Trans Stars' of 2024

AEBN has revealed its top trans stars of 2024 based on scene and movie sales, with Eva Maxim in the number one spot.

Pineapple Support Launches 'Spill the Tea Romania' Event Series

Pineapple Support has launched its Spill the Tea Romania community event.

Segpay Adds SEPA Payment Solution

Segpay has added a SEPA (Single Euro Payments Area) option to its direct payments solutions.

Hentaied Launches Fetish Sites Smoking Hawt, Tickling Launch

Two new fetish paysites, SmokingHawt.com and Tickling.com, have officially launched from the creator of Hentaied.com."Smoking has always been one of the most popular fetishes," said a rep. "The ability to get off just by watching someone smoke is one of the oldest fetishes."

FSC Summit 2025 Schedule Announced

Free Speech Coalition has released the schedule for its upcoming FSC Summit, taking place Jan. 16 in conjunction with XBIZ LA.

Penny Barber, Sir Peter Cap AEBN's Top 100 Stars of 2024

AEBN has revealed its top 100-selling stars of 2024 in both gay and straight theaters.

XBIZ Wonderland Party Set for Jan. 14, Sponsored by Playboy Plus, EVA AI

XBIZ is pleased to announce that the annual lingerie and pajama-themed Wonderland Party, sponsored this year by Playboy Plus and EVA AI, will be held Tuesday, Jan. 14, at Ballet Hollywood.

Show More