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Nicki Hunter Back in Intensive care; another motion to dismiss Extreme indictments

> I’m told that Nicki Hunter who’s suffering a form of a cancer that targets the lymph system, is back in intensive care.

> Rob Spallone is this much away from launching his modeling agency, Star World Modeling, I spoke to Spallone Monday who was telling me about this “brand new girl” he interviewed only to discover that she’s already on other sites.

“That means you’ve been working, I told her,” said Spallone. “I want brand new.” Spallone’s goal is to acquire 10 new girls.

“I don’t care if they’re pretty or ugly. I just need ten new ones. Once I have ten new ones who can say they haven’t done anything, then I can say I’m open.”

Spallone sounds exasperated when he tells a story about Mike Barbella supplying him eight computers.

“I told him I want brand new in the box,” says Spallone. “I ask him that 20 times. He pulls up here one night in his truck with eight computers. No boxes, no nothing but he tells me they’re brand new, meaning like he rebuilt them.” According to Spallone, one of the computers dies.

“Just dies- he [Barbella] comes in and tells me it got a virus. First he calls me three days before this happened. He says, Rob, be careful with AOL- there’s this big virus going around. Three days later, BOOM, I got the virus. So he has to come here and takes the machine apart, puts a different one on my desk. He rebuilds the fuckin computer, he tells me. It’s like new again. New to me is in a box with paper and plastic. If I buy a new pair of sneakers they come in a box- they were never worn. These computers were worn. I’m gonna kill him.”

> reports that attorneys have filed another motion to dismiss the indictments against Extreme and its co-owners Rob Black and Lizzy Borden. They are challenging whether the “Miller test” for obscenity can be applied to the World Wide Web.

The attorneys have asked Judge Gary Lancaster to consider new arguments for dismissal; among them: that the federal obscenity statutes are unconstitutional; that the Miller test is impossible to accomplish in the context of the World Wide Web; that the “community standards” prong of the Miller test cannot be applied to an online “community”; that obscenity code Sections 1461 (“Mailing obscene or crime-inciting matter”), 1462 (“Importation or transportation of obscene matters”) and 1465 (“Transportation of obscene matters for sale or distribution”) are impermissibly overbroad; and that the digital video clips charged in Counts 5 through 10 of the indictment do not fall within the range of tangible material eligible for prosecution under two sections of the obscenity law.


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