Has This Been Posted Already? Mike Jones Court Case Thrown Out - GoFuckYourself.com

Space Puppy · 01-17-2004, 04:25 PM

http://www.nwherald.com/spider/NWH/n...993385170.html

Judge tosses evidence in porn case

Police didn't follow First Amendment procedures during seizure

By KEVIN LYONS

The Northwest Herald

WOODSTOCK ? The former owner of a Greenwood-based Internet provider of adult images won a major victory Friday when a judge threw out evidence that police seized from him.

Michael Jones, 47, of Wonder Lake is charged with obscenity and possession of child pornography based on a search conducted at his home and businesses in October 2000.

Unless McHenry County Judge Sharon Prather changes her mind or an appellate court overrules her, prosecutors have no evidence to proceed with the case.

"I've regained some faith in the criminal justice system," Jones said.

Jones was the owner of L&M Enterprises, a company that produced hard-core and soft-core images for adult Web site owners.

Prather said McHenry County Sheriff's police followed proper procedures under Fourth Amendment seizure laws to take eight computers, hundreds of CD-ROMs, and thousands of images from Jones' home and studio.

But she said police were overly broad with respect to First Amendment issues because Jones is a publisher of material generally protected as free speech.

See EVIDENCE, page 2A

Evidence

Continued from page 1

"You just can't do that in a First Amendment context," defense attorney J.D. Obenberger said.

Prather said the U.S. Supreme Court repeatedly has held that there are procedural safeguards for publishers that must be followed before items may be seized.

"The court finds that these rigorous safeguards were not followed in this case," she said.

Those procedures may include a hearing on whether a search warrant may be granted.

Obenberger, who specializes in adult entertainment law, said he was pleased with Prather's decision.

"The First Amendment is still alive and well in McHenry County despite the Patriot Act," Obenberger said. "In this case, there is a higher purpose than their rights to seize this evidence."

However, Obenberger said the prosecution of Jones' case has effectively ended his business.

"It's destroyed Mike Jones financially. We applaud the decision, wishing none of this ever took place," he said.

McHenry County Assistant State's Attorney Daniel Regna said prosecutors were not certain Friday whether they would appeal.

"We're going to have to review her ruling and the case law cited to determine how we will proceed," he said.

During testimony at partial hearings conducted over the past several months, sheriff's police explained what led to the Jones investigation.

Sgt. James Wagner said he acted on complaints from Greenwood residents and eventually the village attorney and a village trustee, who suspected Jones of producing child pornography.

Wagner obtained images from one of Jones' Web sites that portrayed women he believed to be underage. Jones later produced documents in court showing that the models both were over 19.

Police used those images and images of women in various sadomasochistic positions to persuade former McHenry County Judge Haskell Pitluck to sign a search warrant to seize Jones' computers and media storage material in connection with obscenity and child pornography.

After examining computer hard drives, police said they found a few deleted thumbnail-size images of child pornography.

Prosecutors never alleged that Jones produced child pornography but did allege that he produced obscene material.

Defense attorney Reed Lee said procedures protecting publishers are in place so police officers who are not trained on sensitive First Amendment issues cannot confiscate items from a publisher.

Lee said the same kinds of protections guarantee the rights of newspaper readers.

"Both speakers and hearers are protected by the rights of free speech," Lee said.

Regna agreed that local police are not specifically trained on First Amendment issues, such as obscenity.

"In McHenry County, it's not typically a problem police deal with, the manufacturing and distribution of this kind of material," he said.

Prather scheduled the case for Feb. 13 for status on whether prosecutors will appeal her ruling.

01-17-2004, 04:25 PM	#1
Space Puppy So Fucking Banned Join Date: Nov 2003 Posts: 817	Has This Been Posted Already? Mike Jones Court Case Thrown Out http://www.nwherald.com/spider/NWH/n...993385170.html Judge tosses evidence in porn case Police didn't follow First Amendment procedures during seizure By KEVIN LYONS The Northwest Herald WOODSTOCK ? The former owner of a Greenwood-based Internet provider of adult images won a major victory Friday when a judge threw out evidence that police seized from him. Michael Jones, 47, of Wonder Lake is charged with obscenity and possession of child pornography based on a search conducted at his home and businesses in October 2000. Unless McHenry County Judge Sharon Prather changes her mind or an appellate court overrules her, prosecutors have no evidence to proceed with the case. "I've regained some faith in the criminal justice system," Jones said. Jones was the owner of L&M Enterprises, a company that produced hard-core and soft-core images for adult Web site owners. Prather said McHenry County Sheriff's police followed proper procedures under Fourth Amendment seizure laws to take eight computers, hundreds of CD-ROMs, and thousands of images from Jones' home and studio. But she said police were overly broad with respect to First Amendment issues because Jones is a publisher of material generally protected as free speech. See EVIDENCE, page 2A Evidence Continued from page 1 "You just can't do that in a First Amendment context," defense attorney J.D. Obenberger said. Prather said the U.S. Supreme Court repeatedly has held that there are procedural safeguards for publishers that must be followed before items may be seized. "The court finds that these rigorous safeguards were not followed in this case," she said. Those procedures may include a hearing on whether a search warrant may be granted. Obenberger, who specializes in adult entertainment law, said he was pleased with Prather's decision. "The First Amendment is still alive and well in McHenry County despite the Patriot Act," Obenberger said. "In this case, there is a higher purpose than their rights to seize this evidence." However, Obenberger said the prosecution of Jones' case has effectively ended his business. "It's destroyed Mike Jones financially. We applaud the decision, wishing none of this ever took place," he said. McHenry County Assistant State's Attorney Daniel Regna said prosecutors were not certain Friday whether they would appeal. "We're going to have to review her ruling and the case law cited to determine how we will proceed," he said. During testimony at partial hearings conducted over the past several months, sheriff's police explained what led to the Jones investigation. Sgt. James Wagner said he acted on complaints from Greenwood residents and eventually the village attorney and a village trustee, who suspected Jones of producing child pornography. Wagner obtained images from one of Jones' Web sites that portrayed women he believed to be underage. Jones later produced documents in court showing that the models both were over 19. Police used those images and images of women in various sadomasochistic positions to persuade former McHenry County Judge Haskell Pitluck to sign a search warrant to seize Jones' computers and media storage material in connection with obscenity and child pornography. After examining computer hard drives, police said they found a few deleted thumbnail-size images of child pornography. Prosecutors never alleged that Jones produced child pornography but did allege that he produced obscene material. Defense attorney Reed Lee said procedures protecting publishers are in place so police officers who are not trained on sensitive First Amendment issues cannot confiscate items from a publisher. Lee said the same kinds of protections guarantee the rights of newspaper readers. "Both speakers and hearers are protected by the rights of free speech," Lee said. Regna agreed that local police are not specifically trained on First Amendment issues, such as obscenity. "In McHenry County, it's not typically a problem police deal with, the manufacturing and distribution of this kind of material," he said. Prather scheduled the case for Feb. 13 for status on whether prosecutors will appeal her ruling.