Former Ohio County Official Maintains Guilty Plea in Obscenity Case

CLEVELAND — A former Ohio public official has decided to maintain his guilty plea in a federal obscenity case that deals with adult pornography, not child porn.

Patrick J. O'Malley, 50, used to be the county recorder for Cuyahoga until a 2004 investigation. Officials obtained a search warrant and entered his home as part of divorce proceedings between O'Malley and his wife.

At the time, officials said they were looking for child porn on O'Malley's computer. They found pornography, but it involved only adults.

An official report said that the adult content found on O'Malley's compute "portrays a sadistic or masochistic conduct or other depictions of violence."

O'Malley's attorney, Ian Friedman, said that the adult content found on O'Malley's computer "crosses the line."

Free Speech Coalition Chairman Jeffrey Douglas told XBIZ that this case shouldn't have much affect on the adult industry.

"By no means should anyone derive from this that the federal government has an agenda against BDSM," he said, adding that the federal government had pursued "very few" prosecutions against content in the BDSM or sado-masochistic genre.

At the same time, Douglas lamented O'Malley's guilty plea.

"It's a tragedy for [O'Malley]," Douglas said. "Personal possession of obscene material is not a crime. Even assuming that the material was exceptional in some way, it is very defensible."

Douglas noted that typically a defendant has to sell or transport obscene material in order for an action to be deemed a federal offense. Online reports indicate no such behavior by O'Malley.

U.S. District Judge David Dowd gave O'Malley the chance to change his initial guilty plea because Dowd had not told O'Malley everything about his initial plea agreement. O'Malley decided to keep the same plea.

The judge will hand down O'Malley's sentence on Oct. 3 in Akron, Ohio. When sentenced, O'Malley faces anywhere from six to 18 months in prison.

According to a local news report, O'Malley has since taken a job at an insurance company.

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

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

U.S. Solicitor General to Participate in FSC v Paxton

The Supreme Court on Monday granted a motion by the U.S. solicitor general to participate in Free Speech Coalition v. Paxton, the case challenging Texas’ controversial age verification law.

Judge Pauses Lawsuit Over Indiana AV Law

A U.S. district court judge has paused a lawsuit over Indiana’s age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

ASACP Urges Compliance With UK Online Safety Act

LOS ANGELES — The Association of Sites Advocating Child Protection (ASACP) has issued a statement advising adult companies to prepare to comply with the age assurance provisions of the U.K.'s Online Safety Act, which go into effect in 2025.

Pornhub Rejects Claim It Plans to 'Avoid' Age Verification in UK

Pornhub parent company Aylo told XBIZ on Monday that a recent report claiming the site will use a “loophole” to sidestep age verification requirements under the U.K.’s Online Safety Act is “misleading,” and that the company will always ensure its sites are compliant.

FSC Sues Tennessee Over AV Law, Seeks Preliminary Injunction

Free Speech Coalition, along with a group of adult industry stakeholders, has filed a legal challenge to Tennessee’s age verification law and requested an expedited preliminary injunction against enforcement.

Satisfyer Helps Dutch Police Dismantle Counterfeit Network

Satisfyer has teamed up with Dutch authorities to help dismantle a counterfeit network that sold fake products online, including items purporting to be the brand's Pro 2 and Penguin vibrators.

Indiana, Ohio AGs File Amicus Brief in Support of Texas AV Law

Indiana Attorney General Todd Rokita, along with Ohio Attorney General Dave Yost and officials from 22 other states, on Friday filed an amicus brief with the United States Supreme Court in support of Texas’ controversial age verification law.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

Show More