Attorney Lawrence Walters, defense counsel for Wilson, told XBiz that Wilson has restored all content to the site and feels safe in doing so.
“In light of recent developments in the case, we feel it is appropriate to put the content back on the website, which he has every right to under his 1st Amendment rights,” Walters said.
After his Oct. 7 arrest by Polk County sheriff's deputies, Wilson posted bail, moved to Orange County, Calif., and continued operating his website. But in December, Judge Dale Durrance revoked Wilson’s $151,000 bail and remanded him to custody at Polk County Jail, though all explicit material had been removed from his site by that time. Wilson was originally denied immediate release during December, before an appellate court granted his release on Dec. 29.
Walters said that law enforcement has stated they will continue to monitor the site, though he said he feels “it would be a mistake” for law enforcement or prosecutors to seek another bond revocation.
Chip Thullbery, a spokesman for the State Attorney's Office, said on Jan. 6 that "Law enforcement officials continue to review the website." However, he declined to state whether any new charges would be filed due to the website’s continued operation.
Wilson’s pre-trial conference is scheduled for Feb. 7, but a motion hearing for the case is scheduled in March, indicating that a change will have to be made. Walters said it’s possible the trial may be pushed back to a date after the hearing.
“There’s no telling how the case will proceed,” Walters said. “It’s kind of up in the air as to when things will happen.”
Defense counsel is currently seeking to remove Durrance from the case and has filed various motions including motions to suppress, dismiss and determine various aspects of the case.