Judge Asked to Preclude Some Arguments in Torture Portal Obscenity Case

NEWARK, N.J. — Justice Department attorneys on Tuesday asked a federal judge to exclude references to a prior Montana obscenity case filed against Torture Portal operator Barry Goldman when the case goes to trial.

Miami resident Goldman, 59, was indicted by a federal grand jury last month on obscenity charges for mailing the films “Torture of a Porn Store Girl,” “Defiant Crista Submits” and “Pregnant and Willing” in 2006 and 2007.

The case, originally filed in Montana after another federal grand jury indicted him last year, was moved to New Jersey, where he was charged with eight counts of mailing obscene material.

The issue at hand is of importance to adult producers indicted for obscenity because determination of the court venue has been historically critical to outcome.

Tuesday’s pre-trial motion, coincidentally on the day Goldman was arraigned, claimed that “consideration of the prior case in Montana or of internal Justice Department policies are irrelevant to the jury's task and could seriously confuse the jury in applying the court's instructions.”

“The court is requested to preclude the defendant, his attorney and any defense witness from making argument, commenting before the jury, or posing questions that touch upon the prior case in Montana or any Justice Department policy,” the Justice Department said in its motion to assigned U.S. District Judge Joseph A. Greenway Jr.

Justice Department attorneys filed a motion in limine, which is a motion made before the start of a trial requesting that the judge rule that certain evidence may or may not be introduce to the jury, in hope that jurors won’t find the department’s maneuvers in the case irregular.

Billings, Mont.-based U.S. District Judge Richard Cebull transferred the case to New Jersey because there was no apparent connection to Montana aside from undercover FBI agents asking Goldman to send the DVDs there. Cebull noted that an undercover FBI agent from Virginia first met Goldman at a 2006 adult entertainment convention in Las Vegas.

Prosecutors moved for a stay of Cebull’s order and then filed a mid-case appeal with the 9th U.S. Court of Appeals, asking the court to expedite its consideration of the issue. After the judges agreed to hear arguments in early June, the Justice Department abruptly reversed course, claiming that the indictment should never have been sought in Montana in the first place.

Prior to the oral argument date at the 9th Circuit, the Justice Department said it filed a motion to dismiss the indictment "in order to conform with the Justice Department's policy on venue."

“[The agency] decided to withdraw its petition due to the fact that the initiation of the prosecution in Montana was not consistent with an internal Justice Department policy regarding venue in an obscenity case," Tuesday's motion said.

"Accordingly, the [9th Circuit] granted the government's motion to withdraw its petition, and the [federal] district court granted the government's motion to dismiss its case without prejudice."

On July 23, the Newark grand jury returned an indictment against Goldman. Three of the counts in the New Jersey case relate to the same facts in the Montana case, the Justice Department said.

If convicted, Goldman faces a maximum penalty of five years in prison and a fine of $250,000 on each of the eight counts charged in the indictment.

The Justice Department also is seeking forfeitures of all copies of the movies, as well as proceeds from the sale of the movies. In addition, they are seeking the forfeitures of domain names MastersOfPain.com and TorturePortal.com, as well as an email address, SirBNY@aol.com.

XBIZ calls to U.S. Attorneys Bonnie Hannon and Pamela Satterfield went unreturned by post time. Calls to reach Goldman's federal public defender went unanswered.

Related:  

Copyright © 2025 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

Kelly Holland's Industry Animal Rescue Charity Event 'Vice Is Nice' Returns Saturday

The 13th annual Vice Is Nice event, a long-standing adult industry fundraiser for Animal Rescue Alliance (TARA), will take place Saturday in Chatsworth.

France Reinstates Age Verification Rule for EU Sites

France’s highest court, the Council of State, on Tuesday reinstated age verification rules for EU-based sites under the country’s Security and Regulation of the Digital Space (SREN) law, ruling in favor of the French government and against Hammy Media.

Whisper Fans Joins Pineapple Support as Supporter-Level Sponsor

Whisper Fans has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Angela White Stars in Latest From Brazzers

Angela White stars with Scott Nails in the latest release from Brazzers, titled "Brazzers Beach."

Utherverse Launches 'Red Light Center' Virtual World

Virtual reality and metaverse technology company Utherverse has launched its new virtual world, RedLightCenter.io.

European Commission Approves AV Guidelines, Unveils Prototype App

The European Commission on Monday released its final, approved guidelines for protecting minors online under the EU’s Digital Services Act (DSA) and made public a “white label” age verification app intended to help sites and platforms comply with age verification rules under the DSA.

Eva Angelina on Stepping Back Into the Spotlight With Purpose

Eva Angelina is back in front of the camera, stronger and sharper than ever. Making her triumphant return in her own inimitable badass style, the veteran performer recently reentered the industry not just with a bang, but a dazzling signal flare.

Cassie Del Isla, Ama Rio Topline Latest 'Secret Lesbian Diaries'

Cassie Del Isla and Ama Rio headline the 15th volume of "Secret Lesbian Diaries" from Girlfriends Films.

Cailey Katt Fronts Latest From GroobyVR

Cailey Katt stars alongside Luke London in the latest release from GroobyVR, titled "A Katt in Your Lap."

Show More