May 27, 2008
Pornographer's obscenity trial underway
TAMPA -- Jurors selected in the obscenity trial of a California filmmaker and his company will be asked to judge the local community's standards and values when it comes to viewing certain types of pornography.
To do so, they'll likely watch several hours of what prosecutors described as violent pornographic movies that meet the U.S. Supreme Court's standards of obscenity.
Paul F. Little, also known as Max Hardcore, is on trial today in a Tampa courtroom facing five counts of mailing obscene matter and five counts of transporting obscene matter by use of an interactive computer service. The case is being prosecuted in the Middle District of Florida because Little and his company, Max World Entertainment, Inc., are accused of mailing films to a post office box in Tampa.
Little's movies include footage of bodily functions and severe violence toward female actors.
Prosecutors say they intend to display several movie trailers in court that don't show explicit sexual acts. But Max World defense attorney H. Louis Sirkin said jurors should see the movies in their entirety to fairly decide if the depictions are obscene.
"The government must show the entire movie," Sirkin said while arguing several motions before jury selection began today. He said the defense can't rely on jurors viewing the entire movie or movies during deliberations, so he wants them to see the entire thing in open court.
U.S. District Judge Susan C. Bucklew did not immediate issue a ruling.
As part of the legal definition for obscene, the law requires the material being judged to be looked at as a whole, Sirkin said.
Bucklew spent the morning questioning more than 30 members of a jury pool. That process was slightly delayed because several potential jurors and the courtroom deputy got stuck on an elevator.
Most of the jury questions so far have been routine, with responses about employment, spouses and prior jury service.
No one raised their hand when asked if they had -- or knew a close relative or friend who had -- ever been employed in the adult entertainment industry. One woman raised her hand when the judge asked if anyone belonged to an organization that has publicly taken a stance against the distribution of pornography. She asked to speak with the judge about it in private.
At least two members of the jury pool identified themselves as volunteer youth pastors.
Jury selection will resume this afternoon.
Return to tampabay.com for updates.
Kevin Graham, Times staff writer
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