WASHINGTON — U.S. District Judge Richard Leon [pictured] on Thursday denied John Stagliano’s motions to change venue.
Stagliano’s attorneys had been arguing that Washington D.C. is not an appropriate venue for the case for the simple reason that most of the witnesses and documents are based in California and that the expense and logistics would be nightmarish.
At the same time Leon also denied Stagliano’s motion to throw out the seventh count of the indictment, which alleges the distribution of obscene materials in a manner, which “may be available to minors.”
Stagliano’s attorneys argued that the “cover page of the indictment clearly and untruthfully infers that the works were actually distributed to minors.”
They contend the charge is so prejudicial and inflammatory that the jury may be unable to follow and may consciously ignore any limiting instruction the court may give on the subject.”
In a story reported on by www.xbiz.com Leon also ruled for the government in precluding as evidence Stagliano interviews to the press, particularly those he had given to Reason.tv.
The two interviews, entitled, “U.S. vs. John Stagliano, Part One” and “U.S. vs. John Stagliano, Part Two,” can’t be heard by the Stagliano jury, ruled Leon. The same pertains to Stagliano’s comments to the Los Angeles Times.
Federal prosecutors argued in an August motion that Stagliano’s comments to Reason and the Times would be”improper” to a jury because Stagliano’s views on the government’s motive for bringing him to trial were irrelevant, and his comments about community standards were contrary to existing law and would serve to “inflame their passions.”
Stagliano basically went hitless for the day as Leon also disallowed a plea to probe the internal workings of the Justice Department’s obscenity prosecution unit to determine if they had engaged in forum shopping.
Stagliano and his companies — Evil Angel Productions Inc. and John Stagliano Inc. — are charged with seven counts for illegal possession, distribution and sale of two videos sent through the mail — “Milk Nymphos” and “Storm Squirters 2 ‘Target Practice'” — and a trailer of “Fetish Fanatic Chapter 5” shown on the Internet.