Tickler

OK, here is the AVN link with all the defense arguments, and the line that caught my attention.

The note alleges that the juror was fired for her participation on the jury, but is silent as to what impact the termination may have had on her ability to continue deliberating.

Arguments:
1) That the federal obscenity statutes are invalid under the Fifth and Fourteenth Amendment substantive due process rights, as well as being unworkable when applied to Internet speech under the current COPA holding that the "community" for the 'Net is the entire world;

2) That the judge erred in allowing prosecutors Lisamarie Freitas and Edward McAndrew to present only excerpts from the charged videos - the "Euro" versions of Max Extreme 20, Pure Max 19, Golden Guzzlers 7, Fists of Fury 4, and Planet Max 16 - thereby prohibiting the jury from considering the material "as a whole," as well as prohibiting the defense from playing some "extras" on four of the DVDs;

3) That the Court should have recused herself from presiding over the trial after she made comments indicating that she had already formed an opinion as to the guilt of the defendants without having heard all the evidence;

4) That the Court should have dismissed the counts involving mailing of the five DVDs to Tampa on the basis that the government presented insufficient evidence that defendants knew the mails would be used to send the videos, and also that the defendants did not in fact mail the videos at all;

5) That the Court failed to properly handle several jury irregularities, including a note sent from one juror during the trial asking that only excerpts of the charged videos be played rather than the videos in their entirety, and the fact that on the evening of the first day of deliberations, one juror was informed that she had been fired from her job that day, and such firing was not brought to the attention of either the prosecution or the defense; and

6) That the government failed to show that the charged material met the federal standards for obscenity in relation to the material's target audience: the "dominant and submissive sexually deviant group."
http://www.avn.com/video/articles/30820.html

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