TAMPA – Defense attorneys for a California pornography producer, charged with distributing obscene materials through the mail, tried to prove to a jury Friday that their client didn’t mail the DVDs to Tampa – an independent distribution company did.
Federal prosecutors, in turn, tried to show that Paul L. Little, who goes by the name Max Hardcore, sanctioned the distribution.
Pat Doherty, a St. Petersburg lawyer not affiliated with the case, said it sounds like the defense is trying to tell the jury that, regardless of the obscenity question, Little is not responsible for mailing it.
But that tactic may not work, Doherty said.
If it was foreseeable to Little that the items would be mailed, he is responsible for the mailing, Doherty said.
The independent distributor, James Komurek, said he was testifying only because the federal government gave him immunity from prosecution. Anything he said on the witness stand could not be used against him.
When questioned by defense attorneys, Komurek testified that his California company, Jaded Video, buys DVDs from Little’s company, MaxWorld Entertainment. Komurek marks up the price and sells them via his Web site.
MaxWorld sent the DVDs to Jaded Video via the private shipper UPS. Jaded Video then sent the DVDs to buyers around the country via the U.S. Postal Service, including shipments to Tampa.
Komurek testified that he did not discuss with Little where his shipments were sent or through what service.
Komurek also testified that he is still offering the DVDs that are at the center of the obscenity trial.
Asked whether he would continue to ship the movies to Tampa, Komurek balked.
“At the end of this case, I’m going to confer with my attorneys,” he said.
Federal prosecutors asked Komurek whether Little was aware that Jaded Video was distributing his movies commercially. Komurek said that was self evident.
Prosecutors also pointed to language on Little’s Web site that says none of his movies can be disseminated without his written permission.
Little and his company face five counts each of distributing obscene materials over the Internet and five counts each of distributing obscene material through the mail. If convicted, each charge includes a maximum punishment of five years’ imprisonment.
Jurors will have to determine if the material is obscene by contemporary standards for the Tampa area.
Wednesday, Thursday and today, jurors viewed almost every segment of five movies — including scenes where Little has rough sex with women that includes forced sex, violence, vomiting and urination.
When court resumes Monday, jurors will have several more hours of movies to watch. The case is expected to conclude Tuesday.