Prosecutors are hoping Judge J. Dale Durrance will agree with allegations that Wilson violated his bail agreement when he allowed his amateur-wife-and-girlfriend site, NowThatsFuckedUp.com, to continue operating while he awaits trial.
Wilson removed all explicit material from the site earlier this month, although the infamous pictures of “war gore” that first made headlines still remain.
If Durrance revokes Wilson’s bail, he will be forced to remain at Polk County Jail throughout the duration of his impending trial, where he faces 301 obscenity charges for photos police allegedly found on his site.
“It is with some regret that we must inform our users that this website has been forced to remove all sexually explicit content at this time,” reads the front page of NowThatsFuckedUp.com. “The owner of the site is being threatened with jail by Polk County, Fla., authorities if any obscene images appear on the site. Since nobody can tell, in advance, whether an image might be found obscene by some judge or jury, we have chosen to remove all explicit content at this time.”
The legal dilemma for prosecutors now is to convince Judge Durrance that Wilson is still subject to Polk County, Fla., law, where the initial charges originally took place. However, Wilson has since moved out of Polk County, leaving some to question how local standards can still be applied to his case.
Also at issue is the fact that the obscene pictures in question have yet to be proven obscene. If Wilson’s bail is revoked for an as-of-yet unproven crime, defense attorneys said, it would be a prior restraint of free speech.
Derek Brett, one of Wilson’s attorneys, has told Judge Durrance he needs at least a half a day to make his case on Friday, as opposed to the normal 30 minutes allocated for bail hearings, because of the complicated nature of the case.
No word from Judge Durrance yet as to whether he will grant Brett’s request.
A trial date for Wilson has yet to be set.
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