U.S. Wants to Exclude Stagliano's Views on Obscenity Laws

WASHINGTON — Justice Department attorneys filed a pre-trial motion Friday to exclude from evidence Evil Angel founder John Stagliano’s personal views he made public to several media outlets after he was indicted on seven counts of obscenity in April 2008.

Government attorneys, in a motion in limine, claim that in the context of a trial, Stagliano’s statements to Reason.tv and the Los Angeles Times are “irrelevant, inflammatory and, in some instances, blatant misstatements of the law.”

Stagliano counsel Allan B. Gelbard told XBIZ that the latest motion filed by the government “is a little odd,” particularly since the federal judge in the case has not even decided Stagliano’s motion to dismiss that was filed more than 10 months ago.

“I think they are trying to light a fire under the federal judge,” said Gelbard, who noted that U.S. Judge Richard Leon, who is hearing the Stagliano case, has been busy weighing matters over prisoners held at Guantanamo Bay. No trial date for the Stagliano case has been set.

Stagliano was interviewed for Reason.tv by video journalist Nick Gillespie in Washington, D.C., one day after he was indicted. In the interview, Stagliano discussed the case, as well as his views on the Miller test that defines obscenity, politics and the influence of the Internet on society. The director also described his own personal life, including how he contracted HIV and the positive affect it has had on his viewpoint.

Stagliano, in the interview, questioned enforcement of obscenity laws. “Do you want to live in a kind of country where the government can just say I don’t like you, I don’t like your ideas and what you are doing and let’s just put you in jail?” he asked.

Later in a July 3, 2008, interview in the Los Angeles Times, Stagliano pointed out that he had “no idea” when he would be breaking any federal obscenity laws. “Aren't we already at the point where a government official can get you on some law somewhere if he doesn't like you?" Stagliano told the Times. "Isn't that what an obscenity law really is?”

Justice Department attorneys claim that those Stagliano, among others, to the two media outlets were “prejudicial” and should be barred as tangible evidence, directly or indirectly, by his attorneys and witnesses.

The Justice Department said that Stagliano’s stance on obscenity prosecutions in the video and in the article “are irrelevant and would only serve to inflame the passions of the jury.”

The prosecution asserts that Stagliano’s view that community standards are different in cases involving obscene matter distributed through the Internet is contrary to established law, that his belief that he did not know that he was breaking the law is irrelevant and that any mention of a potential sentence in a criminal case is improper.

“[S]ome of the evidence is false and would confuse and mislead the jury on critical legal issues, which will be discussed by the court in its instructions to the jury,” the motion said. “Moreover, if such evidence is heard by the jury, the damage to the government's case will be irreparable; no motion to strike or cautionary instructions would be sufficient to cure the harm.”

Stagliano, Evil Angel Productions and John Stagliano Inc. were charged with seven counts of operating “an obscenity distribution business and related offenses.”

The charges stem from the mail and Internet distribution of two movies "Milk Nymphos," directed by Jay Sin; "Storm Squirters 2" directed by Joey Silvera; and a trailer from Belladonna's "Fetish Fanatic 5."

Editor’s note: The Reason.tv interview can be seen in Part 1 and Part 2 on YouTube.com.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Emma Rose Toplines 'TS Girls Do It Best 4' From TransSensual

Two-time XMAs Trans Performer of the Year Emma Rose headlines "TS Girls Do It Best 4," from Mile High Media studio imprint TransSensual.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

Serenity Cox, Eva Angelina Star in Latest From MILFY

Serenity Cox and Eva Angelina star with Sheem in the latest release from Vixen Media Group studio imprint MILFY, titled "Yes Captain."

Lumi Ray, Blake Blossom & Isa Bella Star in Latest From Bellesa Plus

Lumi Ray, Blake Blossom, and Isa Bella star in the latest release from Bellesa Plus, titled "The Girl They Both Wanted."Directed by Jacky St. James, the scene opens with Ray, on her birthday weekend, being reunited with sorority sisters Blossom and Bella.

Maddie Wren, Chanel Camryn Star in 'My Lesbian Masseuse 2'

Maddie Wren and Chanel Camryn star in the second volume of "My Lesbian Masseuse," from Girlfriends Films.

ERIKALUST Releases 'Squeaky Bed'

Venus Rey and Martin Grey star in the latest release from ERIKALUST, titled “Squeaky Bed,” directed by Rebecca Stewart.

Evil Angel Drops Proxy Paige's 'Gape Your Heart Out 3'

Evil Angel has released director Proxy Paige’s new title, “Gape Your Heart Out 3.”

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

Juliana Marie Stars in Latest From New Sensations

Juliana Marie stars with Nathan Bronson and Robby Apples in the latest release from New Sensations.

Charlotte Stokely, Anissa Kate Front Latest From Girlsway

Two-time XMAs Girl/Girl Performer of the Year Charlotte Stokely stars with Anissa Kate in the latest release from Girlsway, titled "A Lucky Delay."

Show More