Home > News > Va. Obscenity Case Gets Aug. Trial • Bookmark   • Newsletters   • Register Search Options


Va. Obscenity Case Gets Aug. Trial

Va. Obscenity Case Gets Aug. Trial
Get XBIZ News
May 29, 2008 7:00 AM PDT    Text size: 
STAUNTON, Va. — A motion to dismiss obscenity charges against a Staunton adult video store owner and one of his employees on constitutional grounds was denied at a hearing Wednesday morning in Staunton Circuit Court. The case is scheduled to proceed to trial Aug. 12.

After Hours Video owner Rick Krial, his company, LSP of Virginia, and Tinsley W. Mabry, a clerk in the store, face misdemeanor and felony indictments for 12 DVDs sold in October to undercover police officers.

Following a March 6 hearing in Staunton Circuit Court, defense attorneys filed a motion to dismiss the case on the grounds that Virginia obscenity laws violate privacy rights as protected by the 14th Amendment. Judge Thomas H. Wood denied that motion at the Wednesday hearing.

Wood also denied a defense motion to investigate the grand jury that originally handed down the indictments. The motion questioned whether the grand jury was given sufficient instructions regarding the definition of "obscene material," and also whether grand jurors had considered each of the 12 videos for which indictments were handed down in their “totality.” Wood denied the motion as impractical, as grand jury proceedings in Virginia are not recorded.

Wood did not approve the defense's proposed pre-trial questionnaire for potential jurors, stating such a move would exceed his explicitly granted authority, bud did approve a defense motion barring prosecutors from identifying an attorney assisting the prosecution as a Justice Department lawyer, or from noting that two of the defense attorneys — First Amendment lawyers Paul Cambria Jr., of Buffalo, and Louis Sirkin, of Cincinnati — are from other states.

Because of Virginia laws that enhance penalties for subsequent offenses, if the Aug. 12 trial on two misdemeanor charges results in a guilty verdict, subsequent prosecution on the indictments would be for felony charges.

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 !


Sex Toy Storage Creators Discuss Growing Consumer Demand for Hygienic Options

Growing up, you probably had a few toys. When playtime came to an end, you were probably asked to put them away. Now, you are a grown up, and you probably have some toys of a different variety. But where... More »

Uncovering the Newest Trends in Alternative Billing

For adult merchants, especially adult website operators, the notion of “alternative billing” hasn’t really evolved from its Ameri-centric “anything but MasterCard or Visa”... More »

Sexual Enhancement Market Sees Growth From Couples-Friendly Approach

From cock rings and penis pumps to creams, gels and sprays, male sexual enhancement products have long been a fixture in the pleasure products/sex toys sector. But the marketing of those products has evolved... More »
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.

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.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.


XBIZ.net Paysite Meetup

May 04 - May 04
Prague, Czech Republic

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
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!