Appelate Court Dismisses Appeal in Mike Jones Case

MCHENRY COUNTY, Ill. – Signaling a possible end to former CD Babes owner Mike Jones' four-year entanglement with the Illinois judicial system, an Appellate Court dismissed the state's appeal to unsupress evidence in the case.

Jones was indicted on obscenity and child pornography charges in 2001 after having his home and offices raided by police. At the time of the raid, police seized adult tapes, financial records, videotapes, floppy disks and computers, much of which were later used as evidence against him.

According to Jones' attorney, J.D. Obenberger, the dismissal came after the state failed to file its appeal on time, even after presiding Judge Sharon Prather allowed for an extension.

"All that is left is some of the shouting at this point," Obenberger told XBiz. "But the case is over with, and I'd be very surprised if it wasn't. You could even call me a monkey's uncle if it isn't."

Obenberger added that the case first went into decline for the prosecution when they waited too long to ask Prather to reconsider her decision on the suppression of evidence taken from the Jones' household.

In January 2004, Prather ordered all evidence seized from the raid on Jones' property suppressed after ruling that the search warrant used at the time was overbroad.

Prather determined in her ruling that the search warrant used in the Jones case authorized a "general search" for obscene and underage materials, but that it lacked particularity that might direct and limit the officers as to what they were to seize.

She further determined that the search amounted to an improper prior restraint on free speech without adequate judicial oversight.

Obenberger told XBiz at the time of Prather's ruling that the officers at the scene seized adult tapes held for private purposes in two bedrooms, seized the computer that Jones' 14-year-old daughter used for schoolwork, and a laundry list of other irrelevant materials.

Obenberger called the case "wholly irregular prosecution" and expressed serious doubt over whether the state would appeal to the Supreme Court.

"This is a substantial victory for Jones and it makes it very difficult for the state to do anything after this point," Obenberger said, adding that his client could still be prosecuted on obscenity for the BDSM images or other images found on his website by authorities, but even that was doubtful at this juncture.

Following the court's decision, the state has within 21 days to appeal to the Illinois Supreme Court – or within 35 days if they file a motion to do so.

Copyright © 2024 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

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

Willow Ryder, Angelina Diamanti Topline 'Lesbian Neighbor Affairs'

Willow Ryder and Angelina Diamanti headline "Lesbian Neighbor Affairs," from Girlfriends Films.

Cherie DeVille Discusses Doc Johnson Collabs in Vice TV's 'Sex Before the Internet'

2023 XBIZ Performer of the Year Cherie DeVille is featured on Vice TV’s “Sex Before the Internet,” discussing her Doc Johnson celebrity strokers in the episode “Sex Toy Empire.”

SINematica Names Silvia Dellai 'Most Valuable Performer' for April

SINematica has crowned Czech-Italian star Silvia Dellai as Most Valuable Performer for the month of April, with a spotlight scene opposite Yannick Shaft and Erik Everhard.

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Hazel Grace Debuts New Membership Site InMelanin

Hazel Grace has launched her new membership site, InMelanin.

Vixen Media Group Debuts 2nd Season of 'Hotel Vixen'

Vixen Media Group (VMG) has launched the second season of its Greece-set series "Hotel Vixen."

Ada Lapiedra Toplines Private's 'Hot Girls in Hot Cars'

Ada Lapiedra headlines "Hot Girls in Hot Cars," the latest release from Private.

Anna de Ville Headlines Proxy Paige's 'Gape Expectations'

Anna de Ville headlines director Proxy Paige's "Gape Expectations," from Evil Angel.

Show More