Court Weighs Suppression of Evidence in 'Red Rose' Case

PITTSBURGH — U.S. District Judge Joy Flowers Conti this week denied one defense motion to suppress statements made by the defendant, but continued a hearing on a motion to suppress evidence collected by law enforcement in the obscenity case pending against Karen Fletcher, AKA “Red Rose.”

In November, Fletcher’s attorneys filed a motion to suppress statements Fletcher made to agents from the Federal Bureau of Investigation (FBI) during the FBI’s initial visit to Fletcher’s home in February, 2005, as well as a motion to suppress evidence collected by law enforcement agents during a subsequent search of her home conducted in August of that year.

This week, Conti denied the defense’s motion to suppress Fletcher’s statements, but continued the hearing on the evidence suppression motion, and gave the government time to consider whether it will introduce additional evidence in support of the search warrant executed in 2005.

According to Lawrence Walters, one of Fletcher’s attorneys, the search warrant obtained by the investigating agents was very broad, and there is a degree of mystery surrounding what all was contained in an exhibit supplied with the application for the warrant.

In assembling evidence in the case, one of the FBI agents downloaded stories from Fletcher’s website, which he then took to a magistrate judge as material in support of an application for a search warrant. The stories and other evidence were assembled in an exhibit marked “Exhibit A.” The problem confronting the court now, according to Walters, is that it is no longer clear precisely what information was contained in “Exhibit A.”

“The agent said that he believes all the stories [downloaded from Fletcher’s site] were contained in the exhibit, but he kept no list,” Walters said. “Even today, we don’t know what all was contained in the ‘Exhibit A’ file.”

Where that fact becomes significant, Walters said, is that under 1st Amendment law, warrants pertaining to alleged obscene materials are only valid if they identify the obscene materials specifically.

“The materials have to be identified by a title, description or some other specific identifier,” Walters said. “In a child porn case, because child porn is not protected by the 1st Amendment, it’s essentially fine to say ‘go seize anything that looks like child porn.’ But you can’t just say ‘seize all obscene materials,’ or ‘seize all pornographic materials,’ because that makes it too general a warrant. By failing to constrain the agents’ search to specific materials, they created an invalid warrant, in our view.”

Walters said that while denial of motions to suppress is “usually a forgone conclusion,” the facts of the situation at hand make the outcome of the court’s ruling more difficult to predict.

“This is an interesting circumstance, and it will be very interesting to see what the court decides,” Walters said. “We certainly feel that the warrant was overbroad, and went beyond what would normally be allowed [in an obscenity case].”

The court has set a deadline of February 12 for the government to decide whether to present additional evidence in support of its contention that the warrant did not violated the 1st and 4th Amendments, and to advise the court whether it wishes to continue the hearing on the defense motion to suppress, or proceed with the evidence already submitted.

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

AEBN Publishes Popular Searches for November, December

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

Professor Fired Over Adult Content Sues U Wisconsin

Veteran communications professor Joe Gow this week filed a civil lawsuit against the University of Wisconsin board of regents for violating his First Amendment rights by firing him for creating and appearing in adult content.

Teasy Agency Launches 'WannaCollab' Networking Platform

Teasy Agency launched a new networking platform, WannaCollab, at the X3 Expo earlier this month.

Ofcom to Hold Online Sessions on OSA Compliance

U.K. communications regulator Ofcom will hold an online conference Feb. 3-5, titled “The Online Safety Act Explained: How to Comply,” explaining new duties and deadlines required of adult businesses to implement age assurance under the Online Safety Act (OSA).

FSC Announces Support for North Dakota Age Verification Bill

Free Speech Coalition (FSC) has announced its support for SB 2380, North Dakota's new age verification bill.

Oklahoma State Senator Introduces Bill to Criminalize All Porn, Jail Creators

Oklahoma Senator Dusty Deevers has introduced a bill that would criminalize all adult content and authorize the state to imprison those who create or view it.

Adult Time Releases 2024 'Year in Review' Report

Adult Time has released its Year in Review report, highlighting the studio's audience favorites from throughout 2024.

AEBN Reveals Ariel Demure as Top Trans Star for Q4 of 2024

AEBN has named its top trans stars for the fourth quarter of 2024, with Ariel Demure landing atop the leaderboard.

WOWify.AI Joins ASACP as Corporate Sponsor

WOWify.AI has signed on as the latest corporate sponsor for the Association of Sites Advocating Child Protection (ASACP).

Segpay Adds Gateway Payment Solution

Segpay has added the Gateway option to its direct payments solutions.

Show More