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Read it Here First: Shawn Jenkins Convicted

CINCINNATI — A man whose second trial on a charge of pandering obscenity ended in a mistrial because of a sleepy juror and another who averted her eyes from evidence has been convicted.
Jurors took just 30 minutes Wednesday to convict Shawn Jenkins, 29, in his third trial in Hamilton County Common Pleas Court for selling a pornographic videotape at his adult bookstore, Tip Top Magazines.

Jenkins’ first trial on the charge ended in a mistrial after his attorney complained that prosecutors failed to share some information with him.

The second mistrial was declared in July after a juror fell asleep during the showing of the video and another juror turned her head several times from the video monitor.

The obscenity charge stemmed from the sale of the video Max Hardcore Extreme Vol. 7. Jurors were told before the trial that the content of the video was more explicit than most mainstream pornography. They viewed the video before convicting Jenkins.

Assistant prosecutor Brad Greenberg told jurors the video violated Cincinnati’s community standards for obscenity, but defense attorney H. Louis Sirkin said other graphic videos are available in Cincinnati via mail order and other means.

Sirkin, who said it was unfair to punish Jenkins for selling material that could easily be acquired elsewhere, plans to appeal.

Judge Richard Niehaus is scheduled to sentence Jenkins on Jan. 30. He faces up to a year in prison.



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