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

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in the state, with penalties of up to $10,000 per violation.

Sarah Arabic Makes Her Elegant Angel Debut

Sarah Arabic has made her debut for Elegant Angel alongside multi-XMAs winner Seth Gamble in a release directed by Sid Knox.

Keke Lou Makes Her WIFEY Debut

Keke Lou has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband, Moses, and Chocolate Rod.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

Lilly Bell, Gizelle Blanco Lead Latest From Girlsway

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Gizelle Blanco in the latest Girlsway release, titled “Door-to-Door Seduction.”

Romi Rain Fronts Latest From New Sensations

Multi-XMAs winner Romi Rain stars with Ken Feels and Nick Strokes in the latest release from New Sensations.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Amy Nosferatu, Bobbii Rose Lead Latest From TransAngels

Amy Nosferatu and Bobbii Rose star in the latest release from TransAngels, titled "Hot Loads Only."

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Lulu Chu, Skyla Sun Topline Latest 'Please Make Me Lesbian'

Lulu Chu and Skyla Sun headline the 27th volume of "Please Make Me Lesbian," the latest release from Girlfriends Films.

Show More