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

Lucy Mochi Makes Her Slayed Debut

Lucy Mochi has made her debut for Vixen Media Group studio imprint Slayed, alongside Della Cate.

West Coast Productions Debuts Cory Chase Showcase 'Unleashed Desires'

West Coast Productions has released its latest showcase title, "Cory Chase: Unleashed Desires."

Mayalynn Makes Her WIFEY Debut

Mayalynn has made her debut for Vixen Media Group studio imprint WIFEY, alongside her husband MrJax and Don Sudan.

Private Drops 'Pornstars Summer Getaway'

Private has released its latest title, "Pornstars Summer Getaway," directed by Xavi Rocka.

The End Is Coming: Pure Taboo Explores Post-apocalyptic Sex, Survival and Submission in 'The Doctrine'

It's the end of the world as we know it, and Seth Gamble feels fine. On a scorching hot day in the remote mountains of Santa Clarita, Gamble is directing "The Doctrine," an ambitious post-apocalyptic drama for Adult Time's Pure Taboo label.

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Avery Lust Leads Latest From TransAngels

Avery Lust stars with Jack Des Feux in the latest release from TransAngels, titled "Hung Waitress."

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."

Show More