Home > News > Jury to Consider 4 Counties in Ray Guhn Case • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Jury to Consider 4 Counties in Ray Guhn Case

Having rejected defense motions to dismiss, the court now has set the scope of the ‘community’ for community standards considerations.
Jury to Consider 4 Counties in Ray Guhn Case
Get XBIZ News
XBIZ Research
Will Porn Valley move across the state line to Las Vegas?
Yes
  50.84%
No
  49.16%
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.
XBIZ 360 - Jan. 13-16, Los Angeles
Wednesday, Oct 17, 2007    Text size: 
MILTON, Fla. — A circuit court judge ruled Tuesday that when the Ray Guhn obscenity case heads to trial, the jury must consider community standards of Escambia, Santa Rosa, Okaloosa and Walton counties in Florida.

Clinton McCowen, AKA Ray Guhn, faces charges on counts of conducting a criminal enterprise by engaging in prostitution and the manufacture and sale of obscene material. McCowen also faces racketeering and money laundering charges predicated on the underlying obscenity charge.

McCowen’s trial is set to begin on May 5. Lawrence Walters, who along with attorney Jerome Mooney is representing McCowen in the case, told XBIZ that he anticipates the trial will run approximately three weeks.

In a ruling issued Tuesday, Judge Ron Swanson held that jurors in the case should base their application of “community standards” under the Miller obscenity test based on the standards of the four panhandle counties, rather than just Santa Rosa county, where prosecutors refiled their charges against McCowen in July, after having originally indicted him in Escambia County.

Walters told XBIZ that the judge’s order was a partial victory for the defense, which had opposed the change of venue to Santa Rosa County.

“This case was filed in Escambia County, and we spent about a year preparing our defense based on the idea that Escambia’s community standards would be the relevant standards, and we thought it was totally inappropriate to move the case over to Santa Rosa,” Walters said.

Walters said that while bringing in the community standards of the entire four-county district was not ideal for defense purposes, it was preferable to having the case limited to the standards of Santa Rosa County alone, as Santa Rosa is considered a more socially conservative area than its neighboring counties.

“We believe that the prosecutorial maneuver of changing the venue to Santa Rosa has been eliminated,” Walters said. “As the court has ruled that the jury must consider the standards of all four counties, we can now go back and show them the materials we collected related to the standards of Escambia after all.”

While the court rejected all of the defense motions to dismiss the case, Walters said that he believes the court erred significantly in one area, and may have set the stage for an eventual appeal, should an appeal become necessary.

Earlier this month, Walters filed a motion to strike the obscenity charges from the indictment, arguing that that Florida’s obscenity laws do not apply to Internet-based materials. Swanson rejected that argument, but Walters said that he believes a higher court likely would disagree with Swanson’s ruling.

“I do not see how the Florida statute applies to the Internet at all,” Walters said, adding that the statute has been amended several times, and the Florida legislature had ample opportunity to include Internet-based obscenity under the statute and has never done so.

Walters called Swanson’s rejection of his statutory argument “a built-in appellate point” and said that the defense team now has moved on to considering what sort of evidence they can present at trial.

“This is a terribly complex case,” Walters said. “There will be some 50 or 60 witnesses, so we are already actively taking depositions.”

In addition to McCowen, Andrew Craft, Kevin Stevens, William Beach, Jane Dreka and Thomas Dwyer all face charges connected to the case.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

OPINIONS & VIEWS

Paving the Way: Adult Video Provide Empowerment for Plus Size Fans

With more attention being given to the plus size market (BBWs) it’s interesting to note that marketers, distributors and makers of adult merchandise, whether it be adult movies or novelties, must... More »

Are You a Pornographer?

At a party a few weeks back, one of my older sisters introduced me to a friend of hers in part by identifying me as “a successful Internet pornographer.” After the obligatory grimace and sigh,... More »

Sexy Comes in All Sizes

It all goes back to Rubens. You remember — Peter Paul Rubens. He was that Flemish/Baroque painter dude (from the 17th century, for all of you wannabe historians out there), who regularly paid homage... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

Exxxotica New Jersey

Nov 07 - Nov 09
Edison, New Jersey

MONETISEZ 2014

Nov 22 - Nov 22
Aix-en-Provence, France

Dutch Webmaster Meeting

Dec 13 - Dec 13
Amsterdam, Holland

ANME Show

Jan 12 - Jan 13
Burbank, California
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!