In a stunning blow to the government’s case against John Stagliano, Judge Richard Leon ruled 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 John and partially impacting count six.
Richard Abowitz, from goldplateddoor.com, is in Washington DC covering the trial for reason.com. Richard writes how the judge was furious and reminded the shell-shocked prosecution that when the government tries to convict a man of two serious crimes based on a single piece of evidence, it had better make sure the evidence is beyond reproach.
Visit Richard’s Twitter page where he’s been tweeting live from the courthouse. Some of the highlights are how the judge granted two pairs of headphones to local press only and said that he thought he was being generous. The porn scene they showed the mostly minority jury was the moment in the film where a white actress repeatedly uses the N word. Jules Jordan and Joey Silvera attended the trial. The LAPD spent fours years going to the AEE convention in Las Vegas but the officer couldn’t remember how many days the convention lasted. And the most shocking event was an FBI agent contradicted the prosecutor with the prosecution impeaching it’s own witness!
From Richard’s Twitter page:
Off to court in our nation’s capitol. The trial is on Constitution street. If only the justice department read the first amendment this ends
Judge Leon is not going to allow testimony from a film professor that EA makes art or a psychiatric professor that it has therapeutic vale
How can stagliano defend himself when the experts are silenced? The judge argued that experts would prejudice the jury.
The monitors are set so press and public can not see the evidence and so far jury selection in #stagliano has been secret!
Prosecution and defense are striking jurors. But since the imperious judge Leon has not let us see the jury questionnaire we don’t know why
The judge to only allow two head sets for local media. No other media are allowed right now to see or here evidence against
It looks like I will personally have to raise an objection before the jury is admitted about being allowed to view the evidence.
I drafted a written objection on behalf of the public right to see the evidence
The judge has granted two pair of headphones to local press only and said that he thought he was being generous
I don’t count as credentialed press according to the judge because i traveled to be at #stagliano from las Vegas for Reason! Outrageous
As I expected the prosecution chose to snow the mostly minority jury the moment in the film where a white actress repeatedly uses N. word
The hope is that if the film is seen as racist then the largely minority jury will decide it is pornographic and convict stagliano
Does anyone else think it is amazing that an FBI agent started in national security before transferring to the Adult Obscenity Task Force?
More porn being shown without sound
At #stagliano the FBI agent has to keep checking his notes to remember what he saw. If it was so shocking shouldn’t he remember?
At #stagliano the prosecution wants to enter still photos from a Belladonna preview? But they have already entered the preview. Why stills?
govt program keeps crashing trying to show Belladonna movie preview. Judge is furious, but only after jury leaves
Jules Jordan and Joey silvera here but not helping govt learn to use their equipment
Govt evidence of belladonna on corrupt file, will not play! now gov wants copy used. but if original is corrupt copy must be too
Judge has given prosecution one hour to establish that copy is identical to corrupt original. If can’t one charge will be kicked
Jury has been sent home while govt tries to salvage corrupt evidence I guess hoping judge too dumb to understand computer basics
The judge is desperately trying to hold the prosecution’s case together. video never plays the same way twice. can’t be accurate
Judge wants FBI agent to agree it is a recording of what he saw despite unreliability. Prosecutor admitted program is unreliable
Judge said he is troubled by unreliable capture of webstream. But will not rule until morning on if corrupt evidence banned
Unreliable capture is the ONLY evidence for a count of indictment. FBI agent said after a 1 1/2 years it is “impossible” to recall
prosecutor calls program “unreliable” and FBI agent said to remember would be “impossible.” But no ruling until morning? Why?
Judge rules to ban controversial tainted evidence
This disposes of two counts entirely from indictment and part of a third
The judge cautions prosecution to take this as a lesson to keep technological ducks in a row when attempting to jail a citizen
La police detective testifying that he came to Vegas and took pictures of Evil Angel booth. So what?
4 years the lapd has spent tax money to send officers to AEE convention in vegas! Buy agent did not know how many days it lasts!
FBI agent and the prosecutor told different versions of their communication. The prosecution has impeached it’s witness! Wow
At what point has this prosecution too embarrassing and unprofessional to continue? The FBI witness contradicted the prosecutor!
Links from both AVN and XBiz: