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

Gigi Dior Performs Her 1st DP for Elegant Angel

Gigi Dior performs her first DP alongside multi-XMA winners Christian Clay and Vince Karter in the first scene from Elegant Angel's "MILF Performers of the Year 2026."

Violet Myers Leads Latest From Digital Playground

Violet Myers stars with Lucas Frost in the latest limited series from Digital Playground, titled “The Double Agents.”

KiwiSourcing Joins Pineapple Support as Sponsor

Outsourcing and consulting firm KiwiSourcing has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Holly Randall Agency, Stripchat to Collab on New Feature

Holly Randall Agency and Stripchat have announced their third collaboration.

Tiffani Time Makes Her Girlfriends Films Debut

Tiffani Time has made her Girlfriends Films debut opposite Penelope Snaps in “Bad Lesbians 22: Scene 1.”

AdultHTML Launches 'Dedicated AI-First' Solution

AdultHTML has launched its Dedicated AI-First developer solution.

Sofia Smith, Ria Sunn & Lexi Star Topline Latest Volume of Angelo Godshack's 'Angels of Hardcore'

Sofia Smith, Ria Sunn, and Lexi Star headline the fifth volume of director Angelo Godshack’s “Angels of Hardcore,” from Evil Angel.

Isa Bella, Scarlette Moon Headline 'Married to Him, Craving Her'

Isa Bella and Scarlette Moon topline the latest release from Girlfriends Films, titled "Married to Him, Craving Her."

Girlsway Debuts Casey Calvert Drama 'Straight Girls'

Girlsway has released the new drama from multi-XMAs winner Casey Calvert, titled “Straight Girls.”

Juliana Marie, Lana Gee Front Latest Release From TeamSkeet

Juliana Marie stars with Lana Gee and Danny Mountain in the latest scene from TeamSkeet’s “Singles” series, titled “Dad’s Safety Lessons: I Caught Them Riding a Dildo Bike.”

Show More