Stagliano Counsel Opposes Latest Prosecutorial Motion

WASHINGTON — Evil Angel founder John Stagliano’s attorney has asked a judge to throw out a motion by Justice Department lawyers to slate a status hearing to resolve pending motions and set a trial date.

Stagliano attorney Allen Gelbard told XBIZ on Monday that he opposes the government’s motion because U.S. Judge Richard Leon has yet to rule on the motions to dismiss the cases and other pre-trial motions against Stagliano, as well as Evil Angel Productions and John Stagliano Inc.

“I suspect the judge is taking his time on the matter because he’s taking the motions seriously,” said Gelbard, who also noted that the judge previously had been bogged down weighing matters over prisoners held at Guantanamo Bay.

Gelbard said that the Justice Department’s latest motion to get a trial date isn’t appropriate because Leon earlier made it clear that it would render an opinion as soon as possible and that other pending motions would not be considered until the court ruled on the motions to dismiss.

“[U]ntil the court rules on the defendants’ motions to dismiss, any such determinations are unnecessary as should the court grant defendants’ motions, these issues will all be moot,” Gelbard said.

Gelbard told the court last week that all of the motions raised in prior motions are “serious and profoundly important constitutional issues pertaining to, amongst other things, the continuing validity of the obscenity doctrine as applied to consensual private recipients, its applicability to Internet communications, and peoples’ rights under the substantive due process guarantees of the 14th Amendment to privately obtain sexually explicit entertainment for use in the privacy of their homes.”

Stagliano, Evil Angel Productions and John Stagliano Inc. were charged with seven counts in April 2008 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."

Stagliano, who spoke on Saturday at the Free Speech Coalition’s annual fundraiser at the Skirball Center in Los Angeles, blasted the government over its prosecutorial efforts against him and his companies.

Stagliano was crowned FSC Man of the Year at the event, which draws top industry executives from the online adult, DVD, store owner, sex toy and novelty sectors.

“How would one know what is obscene in this country?" Stagliano asked at the FSC event. “There are no black-and-white answers.”

Stagliano told the crowd of about 300 that he particularly took issue with their efforts to strike from evidence his statements to Reason.tv and the Los Angeles Times.

Justice Department attorneys are arguing that his statements are “irrelevant, inflammatory and, in some instances, blatant misstatements of the law” and should not be allowed as evidence for jurors to hear.

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

Pure Taboo Debuts 'Behind the Scenes Documentary' for Latest 'Under the Bed'

Pure Taboo has released a behind-the-scenes documentary on its series “Under the Bed,” spotlighting the episode “The Growth.”

Connie Perignon Toplines David Perry's 'Sexual Desires 2'

Connie Perignon headlines director David Perry's “Sexual Desires 2” from Evil Angel.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

Rae Sixty Nine Makes Her TransAngels Debut

Rae Sixty Nine has made her TransAngels debut opposite Adam x Lee in the studio’s latest release, titled “Cock Ride.”

Ariel Demure Toplines 'TS MILFs' From TransSensual

Reigning XMAs Trans Performer of the Year Ariel Demure headlines “TS MILFs,” the latest title from Mile High Media studio imprint TransSensual.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Lana Wolf Returns to Immoral Productions

British star Lana Wolf stars in a new two-part scene from Immoral Productions alongside Dean Van Damme and studio honcho “Porno” Dan Leal.

Lulu Chu, Connie Perignon Star in 'Locked, Cocked & Loaded' From Brazzers

Lulu Chu and Connie Perignon star with Victor Ray in the latest release from Brazzers, titled "Locked, Cocked & Loaded."

Adriana Chechik Returns to Evil Angel With Blowbang From Jonni Darkko

Adriana Chechik has returned to Evil Angel with a blowbang from director Jonni Darkko.

Show More