U.S. Wants to Exclude Stagliano's Views on Obscenity Laws

WASHINGTON — Justice Department attorneys filed a pre-trial motion Friday to exclude from evidence Evil Angel founder John Stagliano’s personal views he made public to several media outlets after he was indicted on seven counts of obscenity in April 2008.

Government attorneys, in a motion in limine, claim that in the context of a trial, Stagliano’s statements to Reason.tv and the Los Angeles Times are “irrelevant, inflammatory and, in some instances, blatant misstatements of the law.”

Stagliano counsel Allan B. Gelbard told XBIZ that the latest motion filed by the government “is a little odd,” particularly since the federal judge in the case has not even decided Stagliano’s motion to dismiss that was filed more than 10 months ago.

“I think they are trying to light a fire under the federal judge,” said Gelbard, who noted that U.S. Judge Richard Leon, who is hearing the Stagliano case, has been busy weighing matters over prisoners held at Guantanamo Bay. No trial date for the Stagliano case has been set.

Stagliano was interviewed for Reason.tv by video journalist Nick Gillespie in Washington, D.C., one day after he was indicted. In the interview, Stagliano discussed the case, as well as his views on the Miller test that defines obscenity, politics and the influence of the Internet on society. The director also described his own personal life, including how he contracted HIV and the positive affect it has had on his viewpoint.

Stagliano, in the interview, questioned enforcement of obscenity laws. “Do you want to live in a kind of country where the government can just say I don’t like you, I don’t like your ideas and what you are doing and let’s just put you in jail?” he asked.

Later in a July 3, 2008, interview in the Los Angeles Times, Stagliano pointed out that he had “no idea” when he would be breaking any federal obscenity laws. “Aren't we already at the point where a government official can get you on some law somewhere if he doesn't like you?" Stagliano told the Times. "Isn't that what an obscenity law really is?”

Justice Department attorneys claim that those Stagliano, among others, to the two media outlets were “prejudicial” and should be barred as tangible evidence, directly or indirectly, by his attorneys and witnesses.

The Justice Department said that Stagliano’s stance on obscenity prosecutions in the video and in the article “are irrelevant and would only serve to inflame the passions of the jury.”

The prosecution asserts that Stagliano’s view that community standards are different in cases involving obscene matter distributed through the Internet is contrary to established law, that his belief that he did not know that he was breaking the law is irrelevant and that any mention of a potential sentence in a criminal case is improper.

“[S]ome of the evidence is false and would confuse and mislead the jury on critical legal issues, which will be discussed by the court in its instructions to the jury,” the motion said. “Moreover, if such evidence is heard by the jury, the damage to the government's case will be irreparable; no motion to strike or cautionary instructions would be sufficient to cure the harm.”

Stagliano, Evil Angel Productions and John Stagliano Inc. were charged with seven counts of operating “an obscenity distribution business and related offenses.”

The charges stem from the mail and Internet distribution of two movies "Milk Nymphos," directed by Jay Sin; "Storm Squirters 2" directed by Joey Silvera; and a trailer from Belladonna's "Fetish Fanatic 5."

Editor’s note: The Reason.tv interview can be seen in Part 1 and Part 2 on YouTube.com.

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

Amy Nosferatu Stars in New Scene From Grooby

Amy Nosferatu returns to Grooby for a new solo scene, titled “Amy’s Afternoon.”

Tatiana Steele Makes Her WIFEY Debut

Creator Tatiana Steele stars with her husband Ian and Isiah Maxwell in the latest release from Vixen Media Group studio imprint WIFEY.

Ava Amira Stars in 'Yoni' From S3XUS

Ava Amira stars with director Brad Newman in the latest release from S3XUS, titled “Yoni.”

Jonni Darkko Directs New Kianna Dior Showcase

Evil Angel has released Jonni Darkko’s latest showcase, "Kianna Dior Busty Cum Slut 11."

Ricky's Room Premieres Chanell Heart Showcase

Ricky’s Room has released the first installment of its Chanell Heart showcase, titled "Booty Like Water."

Girlsway Debuts New Installment of 'Girls Try Anal'

Little Puck and Shay Sights star in the latest installment of Girlsway series "Girls Try Anal," titled "Housewife’s Anal Adultery."

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Chelsea Poe Releases 'Reclaimed: Long Live Queer Porn'

Director and performer Chelsea Poe has released her latest feature, titled “Reclaimed: Long Live Queer Porn.”

Aubrey Kate Toplines 'TS Doctor's Office' From TransSensual

Aubrey Kate headlines “TS Doctor’s Office,” the latest title from Mile High Media studio imprint TransSensual.

Ricky's Room Signs Chanell Heart to 1-Year Deal

Ricky’s Room has signed Chanell Heart to a non-exclusive, multi-scene contract for one year.

Show More