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 © 2025 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

Pure Taboo Debuts 'Behind the Scenes Documentary' for Latest 'Under the Bed'

Pure Taboo has released a behind-the-scenes documentary on its series “Under the Bed,” spotlighting the episode “The Growth.”

Connie Perignon Toplines David Perry's 'Sexual Desires 2'

Connie Perignon headlines director David Perry's “Sexual Desires 2” from Evil Angel.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

Rae Sixty Nine Makes Her TransAngels Debut

Rae Sixty Nine has made her TransAngels debut opposite Adam x Lee in the studio’s latest release, titled “Cock Ride.”

Ariel Demure Toplines 'TS MILFs' From TransSensual

Reigning XMAs Trans Performer of the Year Ariel Demure headlines “TS MILFs,” the latest title from Mile High Media studio imprint TransSensual.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Lana Wolf Returns to Immoral Productions

British star Lana Wolf stars in a new two-part scene from Immoral Productions alongside Dean Van Damme and studio honcho “Porno” Dan Leal.

Lulu Chu, Connie Perignon Star in 'Locked, Cocked & Loaded' From Brazzers

Lulu Chu and Connie Perignon star with Victor Ray in the latest release from Brazzers, titled "Locked, Cocked & Loaded."

Adriana Chechik Returns to Evil Angel With Blowbang From Jonni Darkko

Adriana Chechik has returned to Evil Angel with a blowbang from director Jonni Darkko.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

Show More