Backpage: Appeals Court Validates Questions Raised by Defendants

Backpage: Appeals Court Validates Questions Raised by Defendants

PHOENIX — In a procedural win for the former owners of adult classifieds website Backpage.com, a two-judge panel of the Ninth Circuit Court of Appeals ordered federal prosecutors to address the defense’s request for the judge overseeing the criminal trial to remove herself from it.

Yesterday, Chief Judge Sidney Thomas and Judge Andrew Hurwitz filed an order upholding the petition for a ’writ of mandamus’ presented by the defense of Michael Lacey and James Larkin, former owners of Backpage.

Lacey and Larkin filed a petition with the Ninth Circuit Court of Appeals last month seeking an order to recuse the U.S. District Court in Arizona Judge Susan Brnovich.

In late September, as XBIZ reported, the defense requested that Brnovich recuse herself over public statements made by her husband, Arizona Attorney General Mark Brnovich, a vocal activist against what he calls “human trafficking,” which includes a lurid pamphlet published by his office.

A month later, Judge Brnovich issued a ruling detailing her refusal to recuse herself from the case, denying the defendants' contention that evidence of her husband’s explicit activism against them as part of a crusade alleging “human trafficking” resulted in a conflict of interest and cast doubts on her impartiality.

Yesterday’s development was first reported by news site FrontPageConfidential.com, which is published by Lacey and Larkin and edited by Stephen Lemons, and is the last journalistic remnant of their once-powerful company, Village Voice Media.

Judge: The Backpage Case 'Is Not About Backpage'

Last Friday, Brnovich held a hearing and refused to grant the defense a stay until the Appeals decision had been reached.

During that hearing, held over the phone, Brnovich once again repeated that the prejudicial comments made by her husband about Backpage were not grounds for her to recuse herself over the conflict of interest.

“This case is not about Backpage,” she reportedly said during the hearing.

As FrontPageConfidential noted, this is “an assertion that might come as a surprise for anyone familiar with the federal government’s superseding indictment in the case, which mentions Backpage more than 600 times.”

“I do not understand the distinction she’s making between the defendants and Backpage,” Lacey told FrontPageConfidential. “It seems as if, for the purposes of the prosecution, they are one and the same."

Mark Brnovich's Pamphlet

Lacey and Larkin have produced copies of AG Mark Brnovich’s tawdry “anti-trafficking” pamphlet “Human Trafficking: Arizona’s Not Buying It,” which features a cover portraying a stock photo of a very young woman wearing a skimpy top and leaning into the window of a car.

The sensationalistic 2017 pamphlet, still available as a government publication, wildly exaggerates the prevalence of what it calls “human trafficking” in Arizona, illustrates it with stock photography of young cis white women in peril that do not match any known statistics about actual human trafficking and repeatedly mentions Backpage — at the time of publication not yet shuttered by the FBI — as engaging in and central to “human trafficking.”

The pamphlet is so much presented as the thoughts of AG Brnovich that it even begins with an introduction titled “Letter From Mark” (sic) where the public servant — and husband of the federal judge in charge of Backpage’s prosecution — takes full ownership of the alarmist statements that follow.

For more of XBIZ's coverage of the Backpage trial, click here.

Main Image: The Brnovichs, Arizona's legal power couple.

Copyright © 2024 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

Chaturbate Reaches Settlement With Texas Over Age Verification

Chaturbate’s parent company Multi Media reached a settlement with the State of Texas regarding the state's controversial age verification law, HB 1181.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, has debuted.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

Show More