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

Eva Maxim, Foxxy Lead Latest From TransAngels

Eva Maxim and Foxxy star with Dakota Wonders in the latest release from TransAngels, titled "Shared Secrets."

European Commission: Age Verification App Ready For Use

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Lexi Lore Toplines 'Lesson Plans' From Sweet Sinner

Lexi Lore headlines “Lesson Plans,” from Mile High Media studio imprint Sweet Sinner.

Private Releases 'Two on the Road'

Private has released “Two on the Road,” directed by Xavi Rocka.

Gray Perrier, Destiny Mira Star in New Transfixed Release

Gray Perrier and Destiny Mira star in the latest release from Transfixed, titled "A Surprising Silver Lining."

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Lauren Phillips Fronts Latest From MYLF

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Mighty Dee and Troy Francisco in the latest release from the MYLF series “MYLF Singles.”

Andie Anderson, Angie Faith Lead Latest From MILFY

Andie Anderson and Angie Faith star with Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint MILFY.

Lilly Bell Stars in Latest Installment of 'Lez Be Bad'

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Ameena Green and Selena Ivy in the latest installment of Adult Time series "Lez Be Bad,” titled “Free-Use Movie Night.”

Show More