Prosecutors in July dropped charges in Escambia County and refiled them at the Santa Rosa County Courthouse, where Guhn pleaded not guilty to all charges.
Guhn's lawyer Lawrence Walters filed a motion to move the case back to Escambia soon after but was unable to prove bad faith on the prosecution's part as a motive for moving the case to Santa Rosa.
"The cases that we provided indicated that you don't have to prove bad faith, that merely doing this is bad enough to result in a due process violation," Walters told XBIZ. "There was not sufficient evidence of bad faith — though it is almost impossible to show bad faith because you have to get into the head of the prosecutor."
Though Walters said he's not happy with the ruling, he said his team is happy with the way Judge Ron Swanson is handling the case, reading all documents and focusing on the rule of law.
Walters added that he believes the defense will get a fair shake.
"We spend a year preparing for trial in one county, and all of a sudden we're forced to defend the case in an entirely different county," Walters said.
Walters said his team approaches every case on a county-specific basis, investigating demographic, prevalence of adult material and political climate.
"Now we have to start over, but we'll be fine regardless of what county," Walters said. "There are believers in constitutional rights in every county."
Walters said Judge Swanson will hear several motions Oct. 16 involving constitutional issues, search and seizure issues and community standards.
Guhn, whose real name is Clinton McCowan, was arrested last year on charges of racketeering, engaging in prostitution and the manufacture and sale of obscene material. The arrest culminated a months-long investigation into the operations of Guhn's company, Global Technologies Inc., doing business as Ray Guhn Productions. The website that he shot content for, CumOnHerFace.com, is part of the Cash Titans affiliate program, which he owns.
If convicted, Guhn could face up to 60 years in prison with an additional 30 for money laundering.
Kevin Patrick Stevens, Andrew Kevin Draft, William Lee Beach and Thomas W. Dwyer also have been charged in the case. Jane Marie Dreka has an additional charge of possessing crystal methamphetamine.
