Judge Declares Mistrial in Backpage.com Case

Judge Declares Mistrial in Backpage.com Case

PHOENIX — Judge Susan Brnovich declared a mistrial this morning in the federal trial of former Backpage.com owners Mike Lacey and Jim Larkin, which started earlier this month in Phoenix.

The defense attorneys had first moved for a mistrial over a week ago, as soon as the federal prosecutor finished his opening statement, after the government presented the testimony of a supposed “online sex trafficking expert” who happened to be an anti-porn and anti-sex-work crusader and regular speaker at NCOSE (formerly Morality in Media) conferences.

That witness, Dr. Susan Cooper, has gone on record as claiming that adult content has an effect “like cocaine” on the human brain, a scientifically debunked position that is often parroted by many religiously inspired War on Porn activists.

Lacey’s attorney, Paul Cambria, renewed his calls for a mistrial yesterday, alleging that the federal government had “obviously prepared this witness” to repeat the words “children” and “trafficking” over and over to influence the jurors during a case “where there is no charge of trafficking of children.” Larkin’s attorney, Thomas Bienert, joined the motion.

Judge Brnovich, who had consistently ruled against the defense, surprised the court by announcing she had “concerns that the government has crossed that line several times, even after I advised the government not to do it, at sidebar.”

A 'Highly Inflammatory' Prosecution Strategy

Phoenix-based journalist Stephen Lemons, who has been covering the case closely since it began, broke the news of the mistrial on Twitter.

Lemons currently writes for Front Page Confidential, the last remaining outlet of the once-powerful Village Voice Media organization headed by Lacey and Larkin, and he is arguably the journalist closest to the defendants.

Describing Cooper’s testimony yesterday, Lemons wrote that “under questioning by prosecutor Reggie Jones, [she] consistently conflated voluntary, adult sex work with sex trafficking, despite strenuous objections from attorney Joy Bertrand, who represents one of Lacey and Larkin’s co-defendants.”

Bertrand, Lemons also reported, had “filed a motion on Sunday asking for Judge Brnovich to preclude Cooper’s testimony, which Bertrand anticipated would be ‘highly inflammatory’ and create ‘new, evidentiary rabbit holes for the jury […] to fall down regarding third-party conduct.’ Brnovich denied the motion to block Cooper, or, in the alternative, to hold a hearing to determine Cooper’s qualifications to testify.”

The controversial judge — she is married to the current Arizona Attorney General, who has gone on record with prejudicial statements against Backpage and sex work in general — nevertheless “allowed Cooper’s testimony to proceed, but limited it to what Jones called the ‘vernacular’ of ‘prostitution and sex trafficking,’ and the supposed role of online platforms in trafficking.”

As Lemons pointed out, “neither Lacey, Larkin or their four co-defendants are charged with sex trafficking or child sex trafficking. Rather, they face up to 100 counts regarding conspiracy, money laundering and the facilitation of misdemeanor state prostitution offenses in violation of the U.S. Travel Act.”

Judge Brnovich: 'Something That I Can't Overlook'

Elizabeth Nolan Brown, covering the trial for Reason magazine, reported on the judge's statements this morning in declaring the mistrial.

"I, at the beginning of this, gave the government some leeway, because child sex trafficking, sex trafficking, are forms of prostitution," Judge Brnovich said. "Yet, in the [government's] opening and with every witness thereafter, it seems, the government has abused that leeway."

Brnovich confirmed that the opening statement from federal prosecutor Reggie Jones "was close to causing mistrial," and that the government, despite agreeing "to minimize the focus on child sex trafficking" after that, continued attempting to prejudice the jurors.

Although Brnovich clarified that she didn't "see any of these [instances] as intentional misconduct," she labeled the cumulative effect as "something that I can't overlook and won't overlook. So, the motion for mistrial is granted. I will call the jury in to dismiss them and then we will set a date a couple weeks out to talk about when we can reconvene."

Cambria: Prosecutors 'Kept Harping on' Child Trafficking

XBIZ spoke this morning to Mike Lacey's defense attorney, Paul Cambria, who said that "the government tried to try this case involving children and people underage, and they kept coming back to that and kept harping on that even though none of the charges are about that. The judge warned them and they kept going, so a mistrial was declared."

"We were very grateful we had a federal judge that would be independent," Cambria added. "The court asked us to come back October 5, for scheduling. Whether for motions or for a trial, we don’t know yet. We’ll be caucusing among us in the defense. We don’t know what the prosecution is doing or will do."

Cambria also told XBIZ that the defense had "interviewed a number of the jurors after she granted the mistrial, and they were all favorable to us."

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

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

European Commission to Assess Pornhub, XVideos, XNXX Compliance With Digital Services Act

The European Commission plans to conduct a study to determine how well adult sites Pornhub, XVideos and XNXX are addressing illegal content and other potential harms under the EU’s Digital Services Act.

German Higher Court Upholds Ban on PornHub, YouPorn

The Higher Administrative Court of Rhineland-Palatinate on Thursday upheld a “network ban” on Aylo-owned adult sites Pornhub and YouPorn for failing to comply with German age verification regulations.

Alabama Notifying Adult Sites of New Tax Set to Take Effect Sept. 1

The Alabama Department of Revenue has begun sending notices to adult site operators about a new 10% tax on their revenues, set to be enforced starting Sept. 1.

Ondato, CCBill Announce Strategic Partnership for Global High-Risk Market

Age and identity verification firm Ondato and payment processor CCBill have formed a strategic partnership to serve the global high-risk market.

Ofcom Investigates 4 More Adult Companies for OSA Compliance

U.K. media regulator Ofcom has launched investigations into whether four companies operating adult websites have implemented requisite age assurance measures under the Online Safety Act, the agency announced Thursday.

Taylor Nicole Launches New Site Through YourPaysitePartner

Creator Taylor Nicole has launched her new official website through YourPaysitePartner (YPP).

Adult Networking Platform SpicyGigs.com Launches

SpicyGigs, a new adult industry networking platform, has officially launched.

Pineapple Support to Host 'Cream Pie Challenge' Fundraiser

Pineapple Support is hosting its Cream Pie Challenge through August to raise funds for mental health services for industry performers.

Kyrgyzstan President Signs Measure Outlawing Internet Porn

President Sadyr Japarov of Kyrgyzstan on Tuesday signed into law legislation outlawing online adult content in the country.

NC Legislature Overrides Veto of Extreme Anti-Adult Industry Bill

The North Carolina state legislature on Tuesday voted to override Gov. Josh Stein’s veto of a bill imposing regulations that industry observers have warned could push adult websites and platforms to ban most creators and content.

Show More