Prosecutors Want to Scuttle Stagliano's Expert Testimony

WASHINGTON — John Stagliano's attorneys have asked a federal judge to deny prosecutors' request to exclude all defense expert testimony.

Stagliano attorneys last month gave notice that they intend on calling several expert witnesses to the stand when trial begins, including Dr. Constance Penley, Dr. Marty Kline, Dr. Christine Y. Henny, Dr. Lawrence I. Sank and Dr. William A. Fisher.

Prosecutors, however, contend that Stagliano attorneys " have provided only scant information to the government about the witnesses’ expert opinions and have not provided any information concerning the bases for those opinions.”

Stagliano's attorneys, meanwhile, pointed to three arguments against prosecutorial complaints, including that Stagliano should be permitted to offer expert testimony in his defense on all three prongs of the Miller test used to define obscenity, the government is not entitled to written summaries of expert testimony and that testimony of the experts will be relevant and reliable.

The Miller test, as decided in the 1973 U.S. Supreme Court case Miller vs. California, has three parts:

  • Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;

  • Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law; and,

  • Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

Stagliano's attorneys say prosecutors are seeking to scuttle all expert witness testimony since “the films are the evidence of what they represent," according to a government motion.

"[W]hile the government is technically correct that 'expert testimony is not required in obscenity cases,' it does not follow, as the government implies it does, that defendants should be precluded from putting on experts here," Stagliano attorneys said.

"On the contrary, nearly every court to have considered the issue has held that the defendant can and should be permitted to introduce competent, relevant and appropriate expert testimony regarding the three prongs of Miller. This is exactly what the defendants herein propose to do."

Stagliano attorneys, in a motion on Friday, asked U.S. District Judge Richard Leon to deny the government’s motion to exclude all defense expert testimony and to reserve judgment on the admissibility and scope of Stagliano experts’ testimony until they are prepared to call such experts following the completion of the government’s case.

They also asked Leon to deny the government’s request for complete written summaries of the defendants’ proposed experts.

On Monday, meanwhile, both sides filed court papers relative to proposed jury instructions. The case, expected to last two weeks, begins in Washington on July 7.

Stagliano and his companies — Evil Angel Productions Inc. and John Stagliano Inc. — are charged with seven counts for illegal possession, distribution and sale of two videos sent through the mail — "Milk Nymphos" and "Storm Squirters 2 'Target Practice'" — and a trailer of "Fetish Fanatic Chapter 5" shown on the Internet.

Stagliano faces a maximum of 32 years in jail and $7 million in fines if convicted on all counts.

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

Emma Rosie, Girthmasterr Front Latest From Brazzers

Emma Rosie stars with Brazzers exclusive Girthmasterr in the studio’s latest release, titled "Emma Wants to Meet the Masterr."

Lilly Bell Stars in New Sci-Fi Feature 'Prompt'

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell stars in the new sci-fi feature “Prompt,” from Full Moon Features.

Miss Raquel Stars in Latest From MYLF

Miss Raquel stars with Nicky Rebel in the latest release from MYLF.

FSC 2026/2027 Board Members Announced

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Angel Youngs, Jason Luv Lead Latest From Blacked

Angel Youngs and Jason Luv star in the latest scene from Vixen Media Group studio imprint Blacked.

Madison Ivy Stars in Latest From Ricky's Room

Madison Ivy stars with studio honcho Ricky Johnson in the latest release from Ricky's Room.

Briseida Myers Makes Her Immoral Debut

Briseida Myers has made her debut for Immoral Productions, alongside Charlie Dean, Matt Bird, and studio honcho “Porno Dan” Leal.

Sabien DeMonia Stars in New Threesome Scene From EnjoyX

2025 Euro XMAs MILF Performer of the Year Sabien DeMonia stars alongside Jesus Reyes and Little Maly in the latest scene from EnjoyX.

WIFEY Drops 1st Reunion Orgy Scene

Vixen Media Group studio imprint WIFEY has dropped its first cast reunion orgy scene.

Report: AVS Group Beefs Up AV After $1.3 Million Fine

Adult content provider AVS Group has begun to institute robust age checks on some of its websites after U.K. media regulator Ofcom last week imposed a penalty of approximately $1.3 million for noncompliance with Online Safety Act regulations, the BBC is reporting.

Show More