On Friday, July 16, 2010, Judge Richard Leon granted the defence motion Rule 29 on all counts regarding all 3 defendants in the United States vs. John Stagliano, Evil Angel Productions Inc and John Stagliano Inc trial.

The judge ruled that government evidence to show that John Stagliano or any of the defendants committed the specific charges was inadequate to allow the jury to come to a decision beyond a reasonable doubt that any of the defendants committed those acts.

Dance Number Created by John Stagliano for the 2008 AVN Awards Show:

Originally posted at AVN.com on July 23, 2010 by Mark Kernes

According to documents filed yesterday in U.S. District Court for the Western District of Pennsylvania, Adult DVD Empire, under its corporate name, Right Ascension, Inc., has been charged with “Mailing Obscene Matters,” based on an FBI postal sting carried out “on or about May 29, 2007″—and will plead guilty to that count within the next few days.

According to informed sources, Right Ascension was made aware of its possible indictment more than a year ago, when FBI agents raided the company’s warehouses in Warrendale and likely seized copies of the DVDs charged in this case: A Bounty of Pain, Shattering Krystal (both from Dan Hawke Productions), Extreme Tit Torture 18 and Pussy Torture 8 (both from Galaxy Entertainment). While no information on the raid was made available at the time, the course of the case suggests that there have been ongoing talks between the company and the U.S. Department of Justice (DOJ), possibly represented by Robert S. Cessar, Acting U.S. Attorney for the Western District since the resignation of Mary Beth Buchanan. The case itself would have been begun during Buchanan’s tenure.

Uncharacteristically, the pending charges come in the form of an “Information,” a method of charging an individual or company with a crime without the need for an indictment, and indeed, one of the documents filed with the court is a “Waiver of an Indictment,” signed by the company’s attorney, Gary B. Zimmerman, which reads in part, “I understand that I have been accused of one or more offenses punishable by imprisonment for more than one year. I was advised in open court of my rights and the nature of the proposed charges against me. After receiving this advice, I waive my right to prosecution by indictment and consent to prosecution by information.”

Normally, a defendant in an obscenity case would want an indictment, since that would require a prosecutor to convince a grand jury that there was probable cause to believe that a felony had been committed, so the waiver suggested that a plea arrangement is in the works.

Moreover, the Information indicates charges against only the company; no individual officers or employees have been named—again, something that was likely worked out beforehand.

Finally, the charge is simply “Mailing obscene or crime-inciting matter” (18 U.S.C. §1461) rather than the more serious §1462—”Importation or transportation of obscene matters”—or §1466—”Engaging in the business of selling or transferring obscene matter” (the same charges that were filed against John Stagliano). A §1461 charge, at least according to the portion of the Information Memorandum setting forth the penalties associated with the offense, carries no jail time (which, of course, it wouldn’t since only a corporation has been charged) but includes a term of probation of up to five years, and a fine of up to $500,000. Again, all of this suggests a plea deal—and indeed, according to information received from First Amendment attorneys Lawrence G. Walters and Clyde DeWitt, such a deal has already been negotiated.

AVN has learned that the corporation will plead guilty to the single charge, pay a $75,000 fine, and be placed on three years probation—which means that if Right Ascension is charged with another obscenity offense within that three year period, it will be considered to have violated its probation, and would be liable for the full penalties associated with the offense.

AVN has also learned from a bondage movie producer/distributor who wishes to remain anonymous, that within the past six months, Adult DVD Empire has sent back its entire stock of bondage and various other fetish tapes to their manufacturers, possibly in anticipation of the plea deal.

Articles by Amanda Hess and Juliana Brint.

Click on the headings to read the full articles from each day.

About opening arguments - July 13:
This morning, opening arguments were held in the U.S. government’s prosecution of John Stagliano—the adult entertainment industry impresario known as “Buttman.” The obscenity trial hinges on three porn titles allegedly distributed by Stagliano: The full-length DVDs of Milk Nymphos and Storm Squirters 2: Target Practice, and a 5-minute online trailer for Belladonna: Fetish Fanatic 5.

July 14th entry:
The story of how 14 D.C. jurors came to spend 50 minutes viewing a parade of hardcore erotic milk enemas from the jury box begins with the pornographic discretion of FBI Special Agent Dan Bradley.

In December 2007, Bradley—using a fictitious name, credit card number, and address–ordered copies of Milk Nymphos and Storm Squirters 2: Target Practice from the website Evil Angel.com to a location inside the District of Columbia. John “Buttman” Stagliano, accused of filling Bradley’s order, now stands trial for obscenity charges in U.S. District Court for the District of Columbia.

On Lorelei Lee testifying - July 15:
The stage name of the porn performer slated to testify on behalf of John “Buttman” Stagliano has been revealed. Headed for the witness stand is Lorelei Lee, an actress who participates in the milk enema three-way of Milk Nymphos that D.C. jurors viewed in open court earlier this week. Jurors likely know plenty about Lee by now, but she’s filed a motion to keep one detail private—her real name.

About the government’s evidence - July 15:
When the government attempted to play Exhibit 9—a copy of the trailer for Belladonna’s Fetish Fanatic 5, as downloaded from the Internet by FBI Special Agent Daniel Bradley on Jan. 21, 2008—the video froze midway through the 5-minute parade of enemas, squirting, and foot play. “The video worked before trial,” Prosecutor Pamela [Satterfield] informed Judge Richard Leon. “The file is corrupted.” She added that the file is “so sensitive” that it could be thrown off by something as minor as the laptop overheating. She suggested that jurors view the remaining 1 minute 53 seconds in the trailer off a copy of the original file prepared by the prosecution.

The corrupted file threatens to undermine a big part of the government’s case against Stagliano: The accusation that he made obscene materials available to minors. Count Seven in the indictment against Stagliano asserts that he “knowingly used an interactive computer service to display an obscene image, that is, a motion-picture trailer identified as ‘FETISH FANATIC CHAPTER 5,’ in a manner available to a person under 18 years of age.” Without the full Fetish Fanatic 5 trailer, the count could be scrapped.

On the LAPD detective surveillance of Evil Angel - July 16:
Wondering how butt enemas and female ejaculation came to be the subject of the first obscenity case to hit D.C. in decades? Credit Los Angeles Police Department Det. Michael Ozaki, who testified yesterday as a witness for the government—and may be responsible for bringing the works of John “Buttman” Stagliano to the attention of the FBI.

Ozaki works with the LAPD on obscenity-related matters, helping to regulate everything from child pornography to topless bars to video arcades. Ozaki has been following Stagliano’s work since July 22, 2007, when he first spied Stagliano’s Evil Angel booth at the Erotica LA trade show.

On Agent Bradley’s testimony - July 16:
When asked during cross-examination when he last viewed the charged films, Milk Nymphos and Storm Squirters 2: Target Practice, Bradley answered that Satterfield had told him that Judge Richard Leon wanted him to review the films before the trial, so he re-watched them in full last Wednesday.

If Bradley’s testimony were accurate, it would almost certainly necessitate a mistrial—it’s not exactly kosher for the presiding judge to be advising lawyers on how to prepare their cases. But Leon was adamant that he had never issued instructions of this kind to the prosecution, and Satterfield concurred—meaning Bradley had, knowingly or not, issued false testimony.

After the jury and witnesses were released for the day, Leon and the lawyers discussed how best to address “the Bradley situation.” Leon made it clear that he would issue a statement to the jury assuring them that the court had never instructed Bradley to watch Milk Nymphos and Storm Squirters 2 in preparation for trial. But the defense team argued that a remedy would have to be more extensive than that.

Trial dismissed - July 16:
After a series of fuck-ups by the United States Government, the obscenity trial against John “Buttman” Stagliano in the U.S. District Court for the District of Columbia has been dismissed. Around 4:30 p.m. this afternoon, Judge Richard Leon decided that the prosecution’s case against Stagliano—and two related corporations, John Stagliano Inc. and Evil Angel Productions, Inc.—was “woefully lacking.” After the prosecution rested its case, defense attorneys requested that Leon dismiss all counts without seeing any further evidence, and he agreed. He dismissed the jury and thanked them for going through what he considered to be “extraordinary lengths” for the court.

End of case wrap-up - July 22:
The government also warned the jury of what it wouldn’t see: a “real plot-line.”
What the government failed to detail is why the jury should care. “This wasn’t any of our business,” [a female] juror, 43, said after the trial. Throughout the viewing, [she] held the base of her headset defensively in front of her face, as if the thin swoop of plastic could shield her from the parade of milk enemas unfolding on screen.

The following are links to the coverage by XBIZ.com of the John Stagliano / Evil Angel obscenity trial.

Click on the heading links to read the full articles of each topic.

Stagliano Prosecutors OK Films to Be Shown in Entirety to Jurors - June 14
Federal prosecutors said they don’t object to John Stagliano’s request to show in entirety the adult films that are the basis for his and his companies’ obscenity prosecution.

The decision to publish the charged movies and a movie trailer to the jury was made in a response motion by Justice Department attorneys on Friday. Prosecutors said that they will allow the viewing of movies “during cross-examination of the government’s witnesses or during the defendants’ case-in-chief.”

Stagliano Prosecutors Pick Sexual Health Expert Witness - June 18
Federal prosecutors have tapped Dr. Chester W. Schmidt Jr. as an expert witness assigned to rebut defense testimony in the John Stagliano obscenity case.

Schmidt is the medical director of the Sexual Behaviors Unit at John Hopkins Bayview Medical Center.

Stagliano attorneys last month gave notice that they intend on calling several expert witnesses to the stand when trial begins, including Dr. Constance Penley, Dr. Marty Kline, Dr. Christine Y. Henny, Dr. Lawrence I. Sank and Dr. William A. Fisher.

Stagliano Obscenity Trial Jury Selection Begins - July 6
The jury selection process has begun in the highly-anticipated John Stagliano obscenity trial, where XBIZ will be providing on-the-scene special coverage with in-depth reports on courtroom trial proceedings.

Trial was set to begin on Wednesday, but jury selection is taking longer than expected. Court officials said it could take two days or more before the jury panel is seated. If that’s the case, opening statements will more than likely begin at the end of the week.

Stagliano Trial Attorneys Probe Potential Jurors - July 8
The jury selection process is proceeding slowly in the federal obscenity trial against John Stagliano.

Potential jurors have filled out questionnaires, which ask for some basic biographical information and their prior experience with the law and legal system, as well as their knowledge of this case.

The questionnaire can also probe other areas which may affect whether a juror can be impartial about the case.

Judge Richard J. Leon has denied a request to release a blank sample jury questionnaire to the public. He has stated he will release a blank questionnaire when the case is concluded.

Stagliano Trial Judge Denies Expert Testimony - July 9
Stagliano trial Judge Richard J. Leon has ruled that the defense expert witnesses are inadmissible in the case.

Stagliano Trial Proceedings Remain Closed - July 12
The jury selection process for the obscenity trial of John Stagliano continues behind closed doors Monday morning. 

Stagliano Trial Jury Selected - July 12
The jury was seated in the obscenity trial of John Stagliano on Monday, with opening arguments in the case set to begin tomorrow at 10:45 a.m.

The racial make-up of the jury is 10 blacks and two whites, with the gender lines breaking down to five men and seven women.

Two alternate jurors were also seated, a white man and a black woman.

Opening Arguments Begin in Stagliano Trial - July 13
Opening arguments for the obscenity trial of John Stagliano began this morning.

Stagliano Jurors View ‘Milk Nymphos’ - July 13
Jurors on the first day of the John Stagliano obscenity trial viewed a 50-minute scene from “Milk Nymphos,” one of the movies cited by federal prosecutors as obscene.

It was nearly silent for most of the courtroom’s audience because only the jurors, attorneys, court authorities and two selected members of the media were given headsets to listen to the scene performed by adult stars Lorelei Lee, Annette Schwarz and Jon Jon.

Prior to the introduction of “Milk Nymphos,” prosecutors called FBI special agent Daniel Bradley to the stand as a witness. Bradley testified that in January 2007 FBI agents learned that Stagliano’s production company was distributing films that depict “violence, bondage and squirting” and the FBI began an investigation to determine whether any laws were violated.

Stagliano Trial Attorneys Battle Over Actor’s Identity - July 14
Day two of the obscenity trial of John Stagliano began with an issue over a witness the defense plans on calling.

Attorney Allan Gelbard indicated the defense would like to call one of the actresses who appear in the films, but requested permission from the court to refer to the actress in open court only by her stage name.

Gelbard said that they would be happy to provide the court the actresses’ real name and social security number, but as a matter of safety they would prefer not to have her real name disclosed in open court.

Stagliano Judge May Throw Out ‘Fetish Fanatics’ Trailer - July 14 
The government’s case against John Stagliano under the charge that material, in the form of a movie trailer, was accessible to minors had been thrown into question after a major technical malfunction occurred during the playing of the video.

The government’s witness was playing a media file that was “captured” as a screen save of what the FBI agent viewed on Jan. 21, 2008, when he surfed EvilAngel.com. The media file showed a portion of the trailer to jurors when, roughly four minutes into the eight-minute “Fetish Fanatics” trailer, the video file froze and crashed.

Stagliano Judge to Rule Tomorrow on ‘Fetish Fanatic 5′ Trailer - July 14
Judge Richard Leon said this afternoon he would rule tomorrow as to whether the trailer for “Fetish Fanatic 5” would be thrown out and with it one of seven counts against John Stagliano.

Stagliano Judge Throws Out ‘Fetish Fanatic’ Trailer - July 15
In a stunning blow to the government’s case against John Stagliano, Judge Richard Leon ruled this morning the trailer to “Fetish Fanatic 5” was now inadmissible due to technical flaws in the recording by the FBI.

The technical flaws in the original recording are such that it is impossible to verify that the recording shown to the jury is the exact same as it appeared to FBI agent Daniel Bradley who recorded it.

The judge’s ruling has the effect of dismissing counts three and seven of the indictment against Stagliano and partially impacting count six.

Stagliano Prosecutors to Rest Case Tomorrow - July 15
When court resumed in the afternoon session in the John Stagliano case, one issue was up for discussion: Would Judge Leon declare a mistrial due to the jury’s viewing of evidence that was now dismissed, the trailer to “Fetish Fanatic 5.” 

Stagliano Judge to Rule on Whether Case Should Continue - July 16
The federal judge in the John Stagliano obscenity case will decide on several motions today, including whether the government has met its burden of proof to continue its case.

“We’ll see what’s left standing,” U.S. District Judge Richard Leon said this morning.

Also this morning, the judge dealt with the issue of FBI agent Daniel Bradley’s testimony. Bradley testified that prosecutor Pamela Satterfield directed him to re-review the movies in question as directed by the judge.

Leon told the court that he was going to advise the jury he did not tell Satterfield to have Bradley re-review the movies.

Meanwhile, the defense wanted to strike Bradley’s testimony, while prosecutors wanted to strike only the comment, neither of which the judge agreed to do.

Leon offered a compromise where Satterfield can issue an affidavit stating that she did not tell Bradley to re-review the movies as directed by the judge.

When court resumes this morning after a brief break, prosecutors will rest their case.

Stagliano Trial Prosecutors Rest Case - July 16
The government rested its case today in the obscenity trial of John Stagliano but not before a prosecutor for the government, Pamela Satterfield, had been put into a tough bind. 

… Then the Rule 29 hearings began in which the defense can challenge that the government has not yet met the burden of proof to continue the case.

… Leon broke for lunch and will hear the rest of the Rule 29 challenges this afternoon.

Judge Dismisses Stagliano Obscenity Case - July 16
A federal judge has ruled that the John Stagliano case is over.

U.S. District Judge Richard Leon, ruling that the government didn’t meet the burden of proof on evidence with any of the eight charges, admonished prosecutors over their efforts.

“I trust that the government will learn a lesson when going forward,” Leon said in his ruling. “The myriad of novel legal issues that have bubbled up in this case will continue to pop up around the country.”

Leon found that the government had not shown any evidence that either of the two corporate entities effectively had any direct ties to the charges, or that the defendant himself had any direct links to the videos he was charged with.

FSC Comments on Dismissal of Stagliano Obscenity Trial - July 16
The Free Speech Coalition (FSC) has issued its comments on today’s dismissal of the John Stagliano and Evil Angel Productions, Inc. obscenity trial.

“It is our hope that this decision will be the first step in ending the witch hunts that have been obscenity prosecutions in the U.S.,” FSC Executive Director Diane Duke said on receiving the news.

Stagliano Trial Brings to Light LAPD Porn Surveillance - July 20
With the John Stagliano obscenity trial now history, many in the adult industry community have shifted their attention to one of the witnesses for the prosecution — the LAPD’s Det. Michael Ozaki.

Ozaki, who works in the LAPD’s vice squad, focuses his attention on obscenity-related matters.

Ozaki’s transcribed testimony at the Stagliano trial included references that he travels to various adult entertainment venues and convention halls outside of the city of Los Angeles to “keep tabs on new lines of products” that may be of interest to authorities for future charges and indictments.

Reason.com did a fantastic job of creating one page that has over 2 dozen links to their articles about the case and trial.
http://reason.com/topics/john-stagliano-trial

We believe that they had among the best, most thorough coverage of what was happening with the trial, so we highly encourage you to read their articles.

Originally posted at Salon.com on July 19, 2010
By Tracy Clark-Flory

An actress at the center of the case against John Stagliano opens up about the darker sides of the adult business

From the article:
Last week, jurors watched nearly an hour of “Milk Nymphos” in the federal obscenity trial against pornographer John “Buttman” Stagliano. Headphones were provided, two TV screens were directed at the jury box, and 14 strangers were asked to perform their civic duty by drinking in, so to speak, this decidedly unwholesome ode to dairy enemas.

The coverage of the case, which was dismissed late Friday thanks to sloppy work by the Justice Department, largely focused on the legendary “Buttman” — but I kept thinking about the women in the film. What must it be like to be the focus of a rare federal obscenity trial in Washington, D.C., to have your work broadcast for people who hadn’t sought it out, to be evaluated in terms of “community standards,” offensiveness and “serious literary, artistic, political, or scientific” merit?

What better person to answer these questions than Lorelei Lee, one of the stars of “Milk Nymphos” and countless other films made during her decade in the adult industry. Fresh off a plane from D.C., the 29-year-old New York University grad student spoke with me by e-mail about everything from the aesthetics of porn to the eroticization of racial epithets to how being a barista compares to having sex for pay.

To read the full article, go to http://www.salon.com/life/broadsheet/2010/07/19/lorelei_lee_stagliano_trial/index.html

Originally posted at
http://www.whackmagazine.com/2010/07/buttman-on-stand-it-at-least-solidifies.html?zx=da75c7bd02f2ea6d on July 17, 2010

From the article:
Thank god, for the sake of everyone’s sanity, the prosecution was ready to give it all up and rest its case by Thursday afternoon, but the defense had had enough of their bungling bullshit and moved to dismiss on Rule 29 of the Federal Rules of Criminal Procedure. The judge, being possessed, thankfully, of a brain larger than the prosecutors’ combined, dismissed all five remaining charges, stating that the prosecution’s evidence was “woefully inadequate.”

To read the full article, go to:
http://www.whackmagazine.com/2010/07/buttman-on-stand-it-at-least-solidifies.html?zx=da75c7bd02f2ea6d

Originally posted on July 16:
http://trueslant.com/susannahbreslin/2010/07/16/all-obscenity-charges-dismissed-against-porn-director-john-stagliano-and-co/

From the article:
The Stagliano case was slated to be the obscenity trial of the 21st century. Now that the internet has turned “community standards” into an antiquated notion and sexual taboos have all but fallen by the wayside, it seems increasingly unlikely that the notion of “obscenity” can be taken seriously, especially in a court of law. In a way, the case’s odd end was wishfully predicted, at least in adult movie industry circles, a symbol of the Obama administration’s level of interest in pursuing obscenity cases: nonexistent.

Of course, only time will tell how the US government’s do-what-you-like attitude will trickle down to effect the day-to-day slog of working in the porn business. Historically, a slow down in obscenity prosecutions has led to an increase in pornographers creating increasingly provocative and extreme content, a trend likely to be furthered as the adult industry struggles to stay afloat in the wake of the economic downturn. Surely, liberals will posit the Stagliano dismissal as a win for First Amendment fans — and then they can go right back to turning a blind eye to what’s really going down in Porn Valley.

To read the full article, click here: http://trueslant.com/susannahbreslin/2010/07/16/all-obscenity-charges-dismissed-against-porn-director-john-stagliano-and-co/

by Scott McCabe

D.C. jurors to apply obscenity test to porn mogul’s operation
http://www.washingtonexaminer.com/local/D_C_-jurors-to-apply-obscenity-test-to-porn-mogul_s-operation-98205274.html

Jurors get an eyeful in porn trial
http://www.washingtonexaminer.com/local/Jurors-get-an-eyeful-in-porn-trial-1000152-98373664.html