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 © 2026 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

Tiffani Time Fronts Latest From Kink.com

Tiffani Time stars with Arin Jones in the latest release from Kink.com’s “Edged and Bound” series, titled “Dom Surrenders and Submits.”

Asteria Jade Makes Her Kink.com Debut

Asteria Jade has made her Kink.com debut alongside real-life partner Sage Roux in "The Debut of a Goddess."

AEBN Announces Isiah Maxwell as Top Male Boy/Girl Performer for Summer 2026

AEBN has revealed its top 10 male Boy/Girl performers for summer 2026, with Isiah Maxwell landing atop the leaderboard.

Jessi Rae, Nala Brooks Front Latest From Blacked Raw

Jessi Rae and Nala Brooks star with Vixen Media Group (VMG) exclusive Jason Luv in the latest release from studio imprint Blacked Raw.

Athena Makes Her TransAngels Debut

Athena has made her TransAngels debut opposite Hime Marie in the studio’s latest release, titled “Please Drop the Soap.”

River Lynn Makes Her Tushy Debut

River Lynn has made her debut for Vixen Media Group studio imprint Tushy, alongside 2024 Euro XMAs Male Performer of the Year Christian Clay.

JMan Launches AI Companion Solution for Adult Websites

Online industry veteran JMan has launched Orkestrait, an AI companion solution designed specifically for adult websites.

Serenity Cox Returns to MILFY

Multi-XMAs winner Serenity Cox has made her return to Vixen Media Group studio imprint MILFY alongside Parker Ambrose in the studio’s latest scene.

Leilani Li Stars in Latest From Kink.com

Leilani Li stars with Pierce Paris in the latest installment of the Kink.com series "Kink Trans," titled "Please Her Cock."

Johnny Sins Launches 'Fangate' Platform for Account-Free Content Sales

Johnny Sins has officially launched Fangate, a platform that allows creators to sell content directly to fans without requiring a user account or subscription.

Show More