Stagliano Attorney: Challenge Everything

LOS ANGELES — U.S District Judge Richard Leon filed a memorandum opinion last week, explaining in further detail the reasoning behind his rulings in the John Stagliano obscenity trial.

The 11-page brief summarized the various motions and arguments made by the defendants and plaintiffs. In his conclusion, Leon stated “the defendants took a particularly aggressive position regarding the procedural approach of the trial of this case,” a statement defense attorney Allan Gelbard takes as a compliment.

Gelbard told XBIZ that in an obscenity trial, the key is to challenge everything.

“Challenge everything you can. You never know when a small issue can turn into a larger issue later,” he said.

Though the team’s aggressiveness helped Stagliano secure a win, Gelbard says he disagreed with most of Leon’s rulings, especially when he disallowed the testimony of defense expert witnesses, Prof. Constance Penley and Dr. Lawrence Sank.

In June, Leon held a Daubert hearing to elicit testimony from the prospective expert witnesses about their qualifications, principles and methodologies. He found that the reasoning of the witnesses were not sufficiently reliable to qualify them as experts in this case.

Leon said that Sank’s testimony “did not convince me; however, that he had any greater insight into the community standards of the district relating to a particular work’s prurient appeal or offensiveness than the average juror would have had.

“If anything, his opinion would have been distorted and potentially misleading to the jury because it would have been based entirely on his interaction with people who come to him for treatment thinking that they have a psychological problem or a particular sexual problem and are willing to speak openly about it.”

The judge said that to be reliable an opinion on scientific merit must be grounded in scientific knowledge.

Speaking of Penley, who teaches film studies at UC Santa Barbara, Leon said, “because Penley was not particularly clear on whether art is just a subjective matter of taste or whether there is in fact a meaningful line separating serious art from lesser art, I did not find her putative approach to evaluating the serious artistic value of a work, which is subjective and notably lacking in detail, to be a particularly reliable or helpful guide for the jury.”

Gelbard disagreed saying that the two expert witnesses were qualified to give expert testimony.

In fact, Gelbard said most of Leon’s rulings made it difficult to mount a proper defense.

“I think what he was doing was trying to prevent people from being able to defend adequately,” he said.

The final piece of advice he offers for anyone involved in an obscenity case, “make sure you have a lawyer who knows how to handle these cases.”

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

Sabien DeMonia Drops Latest Evil Angel Directorial

2025 Euro XMAs MILF Performer of the Year Sabien DeMonia has dropped her latest directorial effort for Evil Angel, “0% Pussy 100% Anal Squirt Hardcore Gape: Polish.”

Ariel Demure, River Lynn Front 'Watching My Husband Bang a Trans 2' From GenderX

Newly crowned XMAs Trans Performer of the Year Ariel Demure and River Lynn star with Baxxx in the second volume of GenderX Films' "Watching My Husband Bang a Trans," directed by Jim Powers.

Ariel Demure Headlines 'Steamy TS Hookups 3' From TransSensual

Newly crowned XMAs Trans Performer of the Year Ariel Demure toplines “Steamy TS Hookups 3” from Mile High Media studio imprint TransSensual.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

Anissa Kate Stars in Latest From Brazzers

Anissa Kate stars with Brazzers exclusive Girthmasterr in the studio’s latest release, titled "Backdoor Action In The Backyard."

Stella Luxx Makes Her Blacked Debut

Stella Luxx has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Jason Luv, in the studio’s latest release.

'Swing Nation' Hosts Lacy and Dan Make Their WIFEY Debuts

Lacy and Dan, hosts of the "Swing Nation" lifestyle podcast, star with Jamie Knoxx, Dan Damage, and Hollywood Cash in the latest release from Vixen Media Group studio imprint WIFEY.

Lilly Bell Fronts Latest From Girlsway

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Laura Bentley in the latest Girlsway release, titled “You're a Nudist Now??”

Charlotte Sins, Victoria Grant Star in New Transfixed Release

Charlotte Sins and Victoria Grant star with Baxxx in the latest release from Transfixed, titled "Office Catfight!"

Candie Luciani Leads Dorcel's 'Thr3e #9'

Candie Luciani headlines the latest release from Dorcel, titled “Thr3e #9.”

Show More