Cambria Calls for Mistrial in After Hours Video Case

STAUNTON, Va. — A statement by prosecutor Raymond Robertson in his opening argument in the obscenity case involving After Hours Video led defense lawyer Paul Cambria to call for a mistrial yesterday.

Speaking of the store clerk charged with selling obscenity, Robertson said, "Mr. Embrey, of his own admission, told the police investigator that Krial had hired him to sell porn and run his Staunton store." This brought an immediate objection from Cambria, who requested to speak with Circuit Judge Thomas H. Wood with the jury out of the courtroom.

"He's now told the jury an alleged statement by [Embrey] not subject to cross-examination," Cambria said. "I move you declare a mistrial."

After Hours Video owner Rick Krial, 40, and store employee Tinsley Embrey, 28, each face two misdemeanor charges of obscenity pertaining to two DVDs purchased at the store by undercover police in mid-October. After Hours Video also faces two obscenity charges. There also are felony charges pending, which may be prosecuted if the misdemeanor charges lead to convictions.

In Virginia, when defendants are being tried together a statement to police concerning a co-defendant is not admissible in court, according to attorney John Hill, who also is part of the defense team. After a 20-minute argument outside the jury's presence, Wood said, "I'm not going to declare a mistrial, but I don't know what's going to happen if you don't have the evidence you say you're going to have."

Wood instructed the jury to disregard Robertson's comment.

The jury was excused three times in less than three hours while attorneys argued legal points, and the trial was halted until Thursday morning in the middle of another objection.

Later in the day, Cambria asked investigator Mike King of the Staunton Police Department if two other stores in Staunton had been targeted by police for selling DVDs with adult content, which brought an immediate objection from Robertson. The jury was excused from the courtroom.

"They ceased after the charges were brought," Cambria said. "We think that's relevant for the jury to know."

The trial is scheduled to resume today with jurors watching the videos in question, "Sugar Britches" and "City Girls Extreme Gangbangs."

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

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims in 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.

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

Adult Time's 'Up Close' Series Spotlights Dharma Jones

Dharma Jones is spotlighted in the latest installment of Adult Time's "Up Close," with Mike Mancini.

Tavia Is Hustler's 'Cover Honey' for May

Tavia is the Cover Honey for the April issue of Hustler magazine, and appears in a 14-page centerfold spread shot by This Year's Model.

Blake Blossom, Octavia Red Help Elegant Angel Reboot Classic Series 'Titwoman vs Titwoman'

Elegant Angel continues its “Superstar Spring” series with a four-part reboot of classic series “Titwoman vs Titwoman,” starring Blake Blossom and Octavia Red.

Show More