Court Weighs Suppression of Evidence in 'Red Rose' Case

PITTSBURGH — U.S. District Judge Joy Flowers Conti this week denied one defense motion to suppress statements made by the defendant, but continued a hearing on a motion to suppress evidence collected by law enforcement in the obscenity case pending against Karen Fletcher, AKA “Red Rose.”

In November, Fletcher’s attorneys filed a motion to suppress statements Fletcher made to agents from the Federal Bureau of Investigation (FBI) during the FBI’s initial visit to Fletcher’s home in February, 2005, as well as a motion to suppress evidence collected by law enforcement agents during a subsequent search of her home conducted in August of that year.

This week, Conti denied the defense’s motion to suppress Fletcher’s statements, but continued the hearing on the evidence suppression motion, and gave the government time to consider whether it will introduce additional evidence in support of the search warrant executed in 2005.

According to Lawrence Walters, one of Fletcher’s attorneys, the search warrant obtained by the investigating agents was very broad, and there is a degree of mystery surrounding what all was contained in an exhibit supplied with the application for the warrant.

In assembling evidence in the case, one of the FBI agents downloaded stories from Fletcher’s website, which he then took to a magistrate judge as material in support of an application for a search warrant. The stories and other evidence were assembled in an exhibit marked “Exhibit A.” The problem confronting the court now, according to Walters, is that it is no longer clear precisely what information was contained in “Exhibit A.”

“The agent said that he believes all the stories [downloaded from Fletcher’s site] were contained in the exhibit, but he kept no list,” Walters said. “Even today, we don’t know what all was contained in the ‘Exhibit A’ file.”

Where that fact becomes significant, Walters said, is that under 1st Amendment law, warrants pertaining to alleged obscene materials are only valid if they identify the obscene materials specifically.

“The materials have to be identified by a title, description or some other specific identifier,” Walters said. “In a child porn case, because child porn is not protected by the 1st Amendment, it’s essentially fine to say ‘go seize anything that looks like child porn.’ But you can’t just say ‘seize all obscene materials,’ or ‘seize all pornographic materials,’ because that makes it too general a warrant. By failing to constrain the agents’ search to specific materials, they created an invalid warrant, in our view.”

Walters said that while denial of motions to suppress is “usually a forgone conclusion,” the facts of the situation at hand make the outcome of the court’s ruling more difficult to predict.

“This is an interesting circumstance, and it will be very interesting to see what the court decides,” Walters said. “We certainly feel that the warrant was overbroad, and went beyond what would normally be allowed [in an obscenity case].”

The court has set a deadline of February 12 for the government to decide whether to present additional evidence in support of its contention that the warrant did not violated the 1st and 4th Amendments, and to advise the court whether it wishes to continue the hearing on the defense motion to suppress, or proceed with the evidence already submitted.

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

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Irish Parliamentary Committee Weighs Stricter AV Laws

The Irish national parliament’s Joint Committee on Arts, Media, Communications, Culture and Sport met Wednesday to discuss regulation of online platforms and improving online safety, including calls for stricter age verification by adult sites.

Ofcom Issues Guidance on Age Check Placement for Adult Sites

U.K. media regulator Ofcom on Wednesday published its recommendations for where and how adult sites should deploy age checks as required for compliance with the Online Safety Act.

Tubes Booster Launches Web Hosting Solutions

Content hosting platform Tubes Booster has launched two new hosting solutions.

YourPaysitePartner Rebrands as Paysite.com

YourPaysitePartner has officially been rebranded as Paysite.com.

SWR Data Announces 2026 'State of Creator' Winter Report

Adult industry market research outfit SWR Data has announced that it will release data from its annual State of the Creator survey at an XBIZ LA workshop, taking place at the Kimpton Everly Hotel.

Holly Randall Launches Marketing Firm, Signs Stripchat Deal

Holly Randall has launched her new marketing firm, Holly Randall Agency, and signed the agency’s first deal with Stripchat.

2026 XBIZ Conference Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Dreamcam Rolls Out Browser-Based Passthrough VR

Dreamcam has introduced passthrough VR to its livestreaming platform.

2026 TEAs Nominees Announced

Nominees for the 2026 Trans Erotica Awards (TEAs), presented by Clips4Sale, have been announced. The ceremony will return to the Avalon in Hollywood on Sunday, March 8.

Show More