Jury selection has commenced in the federal obscenity trial of adult film producer and website owner John Stagliano, with proceedings in the U.S. District Court in the District of Columbia facing scrutiny due to restricted public and press access. Stagliano, along with two of his companies, faces multiple federal obscenity charges for distributing material through the mail and on the Internet.

Trial Underway in D.C. Federal Court

The federal district court in the District of Columbia is hearing its first obscenity case in over 20 years. U.S. District Court Judge Richard Leon is presiding over the trial of John Stagliano and two of his companies, Evil Angel Productions, Inc. and John Stagliano, Inc. Stagliano, a Malibu, Calif. resident, and his Van Nuys, Calif.-based companies were charged by a federal grand jury in Washington, D.C., on April 8, 2008.

The indictment includes three counts of using a facility of interstate commerce to sell and distribute DVDs containing obscene films and a movie trailer, two counts of using a common carrier for the conveyance or delivery of DVDs containing obscene films in interstate commerce, one count of engaging in the business of selling or transferring an obscene film and a movie trailer, and one count of using an interactive computer service to display an obscene movie trailer in a manner available to a person under 18 years of age. Additionally, one count seeks forfeiture of certain assets of the defendants.

FBI agents in the D.C. area purchased and downloaded videos from Stagliano’s website, which allowed the Department of Justice to prosecute Stagliano in D.C. federal court. Stagliano is facing up to 32 years in prison for distributing movies that are allegedly obscene, meaning they have no artistic or scientific value. If convicted, Stagliano faces a maximum penalty of five years in prison on each of the obscenity counts charged under Title 18, United States Code, and two years on the count related to displaying an obscene movie trailer to a person under 18 years of age.

Access Restrictions and Press Notice

Portions of the trial proceedings have been sealed from the start. Judge Leon conducted the jury selection process, also known as voir dire, in secret. Jury selection is typically an open proceeding that can be attended by any member of the public, unless the judge makes specific findings on the record that there is a “compelling interest” in closing a courtroom and that the closure is “narrowly tailored” to meet that interest.

The judge has also refused to allow the public or the press to see completed juror questionnaires, or even a blank copy of the jury questionnaire that all jurors fill out, stating that the questionnaire is sensitive. Reporters typically use jury questionnaires to conduct investigations into whether the juror process and justice system are working properly. For example, reporters might compare answers given on questionnaires with answers given to the court during voir dire to see if jurors are consistent in their responses or for evidence of juror bias that could impact the outcome of the case.

Despite the implications for the First Amendment, the run-up to the trial has received limited notice from the mainstream press. AVN has assigned legal reporter Mark Kernes to cover the trial.

Stagliano's Business Background

John Stagliano built his Southern California company, Evil Angel, into a business that is now worth millions. The company has created dozens of full-time jobs with benefits and provided well-compensated work to hundreds of others. These jobs included hires necessary for compiling bureaucratic paperwork required by various levels of government for his industry.

In 2004, Stagliano invested millions into the Las Vegas economy with an original, dance-centered production show on the Strip called The Fashionistas. The show ran for years, outlasting other productions such as Avenue Q, Spamalot, and Hairspray. The Fashionistas was described as a surprise favorite with critics, who noted its artistically ambitious choreography, costuming, and tight storyline told through music and dance. Stagliano later closed Fashionistas to concentrate on Evil Angel.

Key Facts

  • John Stagliano, owner of Evil Angel, faces multiple federal obscenity charges.
  • The trial is being heard in the U.S. District Court in the District of Columbia, the first obscenity case there in over 20 years.
  • U.S. District Court Judge Richard Leon is presiding over the trial.
  • Jury selection (voir dire) was conducted in secret, and juror questionnaires have been withheld from the public and press.
  • Stagliano faces up to 32 years in prison if convicted on all charges, with a maximum of five years per obscenity count.
  • The run-up to the trial has received little mainstream press attention.