Studio Case Update - Phoenix
All information is in the public record and all names have been deleted.
On 3/6/2017 the State rested after 25 trial days.
State motioned to preclude defense questions of a detective on his integrity regarding a 1996 issue related to an illness.
State motioned to preclude any porn defense based on A.R.S. 13-3502 with cites including the three prongs in the famous M... vs Calf porn case. Dave notes the AZ law requires porn to be "obscene" to be a felony, which may be a huge legal issue like in the CA case.
State moved to preclude an "advice of counsel" defense.
State moved to preclude admission of self-serving hearsay which relates it seems to statements before his arrest.
State moved to compel video evidence related to the "deep throat" sexual assault charge.
Dave notes other than the alleged "deep throat" incident this is another costly State battle against 16 consenting adults in the 2013 raid of the Studio after an extensive costly undercover investigation.
Dave notes long before the raid I had warned the owner that all other porn studio cases in Phoenix had been lost. However, none of the prior cases have been as aggressively defended as this one.
I am not a lawyer and do not offer legal advice which can only be obtained by a competent lawyer.
With regard to the terms "porn" and "obscene", can porn be not obscene and still be porn? IMHO, porn is more than simple nudity, even nudity with an overtly sexual interest. If the latter were porn, then a whole bunch of great art in the most august museums would have to be off limits.
It strikes me as the proverbial distinction without a difference.
Also, as SCOTUS rulings go, does obscenity lack First Amendment protection?
It strikes me as the proverbial distinction without a difference.
Also, as SCOTUS rulings go, does obscenity lack First Amendment protection?
in my view the Studio case is a straight prostitution case not porn since guys paid to have sex with the gals and the camera was just the excuse and didn't follow any of the rules in CA which is the only state porn is legal to shoot.
The porn defense is interesting, but I doubt it will work as I warned him a decade ago. But I could be wrong! If he wins "porn studios" may open up every few miles!
to inoculate themselves from LE by setting up a camera and claiming that the activity is not sex for pay, but legally protected porn making.
To this are then trotted out the plethora of needs that must be arranged such as licenses of various types, incorporation records, tax records, etc.
I just don't see it ever happening.
To this are then trotted out the plethora of needs that must be arranged such as licenses of various types, incorporation records, tax records, etc. .
The Studio did have model agreements, distribution agreements to get online to a limited extent etc. Although the "behind the scenes" camera shots were only recently put online to buy while H. was in jail for over a year since he could not make bail, and only when that camera became an issue in the "deep throat" scene 1 gal claims was sexual assault. But that is a separate count from the criminal enterprise, money laundering (every time a deposit is made), and house of prostitution charges of the Studio.
They also have a registered with the State their corp, trade name (NM) etc. Assume filed taxes and money laundering was from bank records which I believe were good in the corp name.
Here is a question or a possible issue about to rise.
Lots of "pornstars" are doing "premium snapchat"... ie: A person subscribes to that snap chat. Or others are selling "personal vids" on fan sites. Not personal websites but something like only fans dot com. Anyways.... some of these "snaps" or "vids" are hardcore.
Now my question is.... are they considered "porn" and now have the same regulations as porn studios? Because it is illegal to shoot "porn" or to profit off of porn in certain states. That is why only certain states have the production...ie: Cali, Vegas, Miami.
Just wondering if they are finding away around the system or are they setting themselves of for a heap of shit.