Zicari and Romano, better known in the adult business as Rob Black and Lizzie Borden, were first indicted in 2003 for distributing three videos via the mail and six images over the Internet, all alleged by prosecutors to be obscene material.
In January 2005, Lancaster dismissed the case, ruling that the anti-obscenity statutes were unconstitutional when applied to Extreme Associates because they violated an individual’s right to privacy.
The Justice Department appealed that ruling before the 3rd U.S. Circuit Court of Appeals, which overruled Lancaster.
The Supreme Court declined to hear the appeal, sending the case back to Lancaster for trial. Upon learning of the Supreme Court’s refusal to hear the case, Zicari said it was “a big fuck you.”
Although no trial date has been set, Zicari will return to Pittsburgh for legal proceedings, a venue he feels confident he can prevail in. Zicari told XBIZ shortly after he learned of the Supreme Court’s decision not to hear the case that he felt as though he would be vindicated by jurors selected from the area.
The government’s case originally zeroed in on the video ''Forced Entry,'' which stars and is directed by Romano.
The Chatsworth, Calif.-based company bills the film as a ''stunningly disturbing look at a serial killer, Satanic rituals and the depths of human depravity.''
If convicted Zicari and Romano face up to 50 years in prison and a fine $2.5 million.
The case is U.S. vs. Extreme Associates Inc., No. 05-1555.
