Legal

Five Star/JM Obscenity Trial To Proceed

By: Mark Kernes

Posted: 08/06/2007

CINCINNATI - According to attorney Jennifer Kinsley, who along with partner H. Louis Sirkin represents JM Productions in a federal obscenity case filed in the District of Arizona, all of the defense motions to dismiss the case have now been denied by the trial judge, and the case will proceed to trial on Oct. 16.

"They denied Dick Hertzberg's motion to dismiss based on the fact that Castle Books was selling the same titles, and they dismissed motions filed by Jeffrey [Douglas], Al [Gelbard] and ourselves that were basically the same as the Lawrence motions we filed in Extreme," said Kinsley.

Kinsley was referring to the motion based on the Supreme Court's consensual sodomy case, Lawrence v. Texas, that she and her partner had filed on behalf of Extreme Associates and its owners in their federal obscenity case in the Western District of Pennsylvania. That motion found favor with Judge Gary Lancaster, who dismissed all charges. Those charges, however, were reinstated by the Third Circuit U.S. Court of Appeals.

"The judge just issued a one-sentence order saying that all our motions were denied, and she'll probably follow that up with an opinion in the near future," Kinsley said. "We still have some jury issues under discussion, but unless something unforeseen occurs, trial will start on Oct. 16."