MaxHardcore juror fired
 

I was reading about the defense filing for a new trial when one of the items caught my attention.

Apparently one of the holdout jurors got fired from her job for participating in an obscenity trial.

That's gonna open a whole powderkeg for wrongfull dismissal, plus probably some jury tampering questions.

The rest of the reasons also look pretty good for a new trial or mistrial.

Fired for participating in a obscenity trial?

Must have link now.

I read that also, I thought they couldnt fire you for serving in a jury?

Bullshit


http://search.cpan.org/src/MJD/txt2s...2/bullshit.jpg

If its true (a big if), that employer is going to be in a world of trouble.
WG

I'm not sure what kind of links I can post.

The story is on AVN, or just go to Google News and search for "max hardcore juror"

AVN links are cool, so are news sites. Just do not go linking to other forums.

Holy crap.

By ELAINE SILVESTRINI

The Tampa Tribune

Published: June 18, 2008

TAMPA - A juror who resisted convicting a video producer on obscenity counts was fired from her job during deliberations, defense attorneys asserted in a court filing Tuesday.

Paul Little, known in his videos as Max Hardcore, was convicted two weeks ago of 10 counts of distributing obscene materials through the mail and over the Internet for selling explicit videos. Before reaching their verdict, jurors sent a note to U.S. District Judge Susan Bucklew stating they were deadlocked and that the deliberations were emotional.

Three jurors were holding out, according to Tuesday's defense court filing. One of them was a woman who had sent a note to the judge earlier in the day asking to talk to Bucklew because the juror had been fired from her job the night before.

"When I got home from jury duty, I received a phone call from my employer that he no longer wanted me to work for him," the note stated. "I feel it is because I have been here on this jury. He did make other reasons for the termination. ... I know it was because of this."

The judge didn't meet with the juror until after the verdicts and didn't tell attorneys in the case about the juror's note, defense attorneys asserted in their court filing, which seeks a new trial for Little.

Bucklew promptly dismissed Tuesday's defense motion because, at 40 pages, it exceeded the court's 25-page limit. The defense then filed a 12-page motion for a new trial.

Defense attorney Jennifer M. Kinsley said in an affidavit that after the verdict, three jurors came to her hotel to tell defense attorneys they had initially voted not guilty and were the source of the note to the judge about the fact that they were deadlocked. The juror who told Kinsley she was the last to change her vote, Kinsley wrote, was the one who was terminated from her job as an executive assistant to a personal injury lawyer the night before the verdict was reached.

Clearwater employment lawyer Ryan Barack said he is representing the juror, Kimberly Grimes, who is exploring her legal options against her former employer, Dale S. Appell, whose billboards and advertisements blare the slogan, "We Fight For Justice."

"I can say it's a violation of federal law to fire someone for serving on a jury," Barack said. Although Appell gave other reasons for the firing, Barack said, "The timing would be suspect and any other stated reasons were clearly false. ... There were no good reasons given."

Barack said he couldn't comment on what if any effect the firing had on the juror's decision to change her vote in the trial.

Appell said he fired Grimes for other reasons, and that it doesn't make sense to suggest he fired her for serving on the jury when he encouraged her to participate.

"I tell everybody that they need to serve on the jury system," Appell said. "As a personal injury attorney and a trial lawyer, I think it's important to our system."

Appell declined to specify the reasons for the firing, except to say he learned some things while she was serving on the jury. "There's a number of reasons, but I don't think this would be the appropriate place to mention them," he said. He said Grimes worked for him for about three months.

"Incidentally, I noted in court while the verdict was read that this particular juror was crying and sobbing," Kinsley wrote in her affidavit. Kinsley added that the juror called her the week after the verdict and provided a copy of the note she sent to Bucklew about losing her job.

The defense maintains that the court's failure to disclose the note to attorneys was improper and warrants a new trial.

The defense sought a new trial on several other grounds, including an assertion that a prosecutor made an improper comment to a juror during the trial. According to the defense filing, midway through the trial, a federal prosecutor "reported that he engaged in an inadvertent, but prejudicial dialogue with a juror in the elevator," the defense motion states. "The attorney questioned whether the juror was going upstairs to 'watch that porn,' and the juror affirmed that he was.

"Although there was no apparent motive on the part of the attorney to taint the jury, the fact remains that the juror was chided by a government lawyer for being exposed to the allegedly obscene materials in this case," the defense motion states.

Did anyone read the comments?

Posted by ( Neesa ) on June 19, 2008 at 1:11 p.m.

I have posted on this subject on the June 6th article.I was raped by max.I made a police report on him in 02.Many girls have.SO Jennifer Kinsley is his lawyer.Figures he would get a female lawyer so it looks better.WHo did max pay off?The 3 jurers?

.How would she like it if he forced her to vomit on his penis and eat it.How would she like it if He made her swallow his urine.ALong w all the verbal/emotional abuse,etc..Forcing to take his penis all the way deeply without being able to breathe?

Anyone who defends a criminal/rapist/etc..It's bad Karma.GOD doesn't allow people who defend worthless non humans to get away with it.

And the 3 Jurers that wanted max to come out Not guilty..Ask yourself the same question.How would u like it if your child/you/someone you loved had this lowlife max abuse and rape them or you? ANd then I was a jurer and I made him,not guilty.Karma.Karma bad karma.I pray.

I WILL be at the next trial so everyone can hear MY story.SO you get to meet me Jen..Cant wait .Ill bring lunch.DO you know what it feels like to be raped like I was? Its a horrible experience.You are going against your own gender.Do you know anyone that has been raped before.Like a friend or family member?

Lawyers don't go to heaven.Not your type anyways.Have a good week.Love,Neesa

You got that right. I smell a lawsuit against the womans boss, and an excellent case for mistrial or retrial.
This is really good news for him, if it's all true.

Damn, that comment is rough. It was not a rape trial, it was an obscenity trial.

a rape on film/video may be interpreted to be obscene

Then one would try someone for rape and not obscenity. I mean when you shoot someone with a gun they do not attempt to try you on trying to give your victim lead poisoning.

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

All I can say is wow.. this is going to cause big waves for the industry

well it is alleged
""When I got home from jury duty, I received a phone call from my employer that he no longer wanted me to work for him," the note stated. "I feel it is because I have been here on this jury. He did make other reasons for the termination. ... I know it was because of this." Now you have to prove it
:2 cents:

Max's Attornies are grabbing at straws desperatly, they are pathetic for even reaching so far asking for another trial and perhaps should be disbarred for such weak tidbits in the request for mistrial. It's fucking obsurd.

It was a fair trial and that sick fuck puke stain can die in prison.

I tend to agree with you.

It'd seem Max got the trial lawyers he asked for.

I'd say retrial is likely to be awarded.

If that part of the story is correct it would be interesting to see where it goes.

The idiot has posted.

How can you possibly believe in god while being a prosti...err pornstar is your business. Dumb fucking religious idiots. Fucking hypocrite morons.

But saying "sure you can fuck me for 1k" is all good right? And ofcourse she never heard of Max Hardcore before and what he does with the girls he fucks.

I love the next comment

"Posted by ( art ) on June 19, 2008 at 4:17 p.m. ( Suggest removal )

Come on, Neesa - YOU vomited, not him. Why should he have to clean it up?

Waa waa waaa. I don't see where you mention he didn't pay you? What about that release you signed? What did you think you were signing up for, 'America's Got Talent'?

Oh yeah - my 'child/you/loved one' wouldn't be scouring porn trades looking for slutmoney. But thanks for posing the question."

I just cant believe people like the "raped" chick talking about god. She goes to a guy who is known to do about everything that god forbids to women and asks money for it and then she gets what she knew was coming and now cries about god this and god that. Crazy. Fuck id love to talk to her for just 3 mins to tell her what i think of her and her god bs.

I just had to respond there. Fuck that chick pissed me off.