Mo. Store Owner’s Obscenity Conviction Overturned

ANDERSON, Mo. — A state court of appeals has overturned the conviction of an adult store owner charged with three misdemeanor counts of promoting obscenity after clerks at the store sold three adult videos to undercover law enforcement operatives in separate instances that took place between April 2004 and January 2005.

The Missouri Court of Appeals overturned the conviction of Midnite Video South owner Robert Crump Jr. and remanded the case for a new trial. A jury in McDonald County convicted Crump in June 2006, but a procedural error on the part of the trial court led the appellate court to overturn the conviction.

In its opinion, the appellate court concurred with Crump’s argument that Judge John LePage erred in overruling a defense motion to dismiss the charges based on the fact that an affidavit of probable cause failed to describe the content of the allegedly obscene videos.

As noted by the appellate court, the prosecution concedes that “the trial court erred in overruling Appellant’s motion to dismiss the information” and actually joined Crump in requesting a reversal of the conviction and remand for a new trial.

The prosecution also asserted that Crump’s point concerning the affidavit was so convincing, it rendered the other arguments in the appeal moot. According to the appellate court’s opinion, given the fact that the procedural issue was sufficient to overturn the conviction and remand the case for a new trial, neither side felt it necessary for the court to review the videos themselves.

Bill Fleischaker, a Joplin, Mo.-based attorney who represents Crump in the case, told XBIZ today that in cases where there are procedural grounds for overturning a conviction, the court will typically not address the more nuanced constitutional arguments raised in the same appeal.

“Sometimes the court seizes on the easiest ones,” Fleischaker said. “It’s pretty typical in any case.”

Fleischaker said he believed that the decision to prosecute his client was “politically motivated.” A former prosecutor himself, Fleischaker noted that when obscenity charges are filed against a defendant, “in the vast majority of situations, the prosecutor either rightly or wrongly believes that this is what the voters want them to do.”

Fleischaker conceded that adult businesses sometimes do become fronts for illegal activity, like prostitution, but said this was not the case with Midnite Video South.

“Nobody is forcing anybody to a video store, and they aren’t keeping children hostage in there,” Fleischaker said. “What was taking place here was constitutionally protected.”

Fleischaker also questioned the nature of the investigation, and why authorities would place a priority on alleged obscene materials, given some of the other problems being faced in Missouri.

“We have a huge meth problem here, and a lot of other more serious things going on,” Fleischaker said, noting that the undercover agents who purchased the allegedly obscene videos were members of a local drug task force.

“In my opinion, it’s a poor use of local resources,” Fleischaker said.

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

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Le Wand's 'Petite' Highlighted in NY Magazine Article

Le Wand’s Petite massage wand has been recognized in NY Magazine's The Strategist round-up of top-rated massagers.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Orion Debuts 'Gyro' Stroker From You2Toys Line

Orion Wholesale has introduced the You2Toys Gyro stroker.

Share Satisfaction Debuts 'Evolve Penis Pump' Collection

Wellness brand Share Satisfaction has introduced its new Evolve Penis Pump line.

ULoversDoll Debuts 'Isabella' Love Doll

ULoversDoll has added Isabella to its Top-Cydoll collection.

Show More