Richard Abowitz writes on www.goldplateddoor.com –
This is part one of the interview I did this morning with Evil Angel owner and former Vegas show producer John Stagliano. Here Stagliano discusses the indictment against him and how this has impacted his life.
In part two, Stagliano looks ahead at his trial and answers among other questions, if he plans to take the stand in his defense.
Richard Abowitz: Do you see your prosecution as different from the Max Hardcore prosecution and the other recent prosecutions that preceded you?
John Stagliano: Maybe the motivation is little different in that I am a bigger pornographer and it will have a greater impact in terms of the battle that the anti obscenity task force is waging. If they get a victory against me it is more significant than Max Hardcore or animal sex movies or something like that.
Abowitz: Are you surprised that the Obama Justice Department is carrying out the Bush administration’s case against you?
Stagliano: It is the anti obscenity task force at the current justice department that is pursuing me. It was started by Bush, but Obama has chosen not to disband it. So, saying Obama’s Justice Department is pursuing me is technically accurate. I am not sure what that means.
Abowitz: Well, did you have an expectation that with the change in the administrations, the Obama Justice Department would be uninterested in adult-to-adult obscenity prosecutions?
Stagliano: A lot of people did. I did not have an opinion. I had no idea. And, now it seems Obama does not want to disturb the religious right. And, he doesn’t have to. There is nothing politically to be gained by defending Buttman.
Abowitz: I know in court you have to make legal arguments under the assumptions of obscenity law. But I am curious if you think there are any films that do cross a line and are obscene?
Stagliano: Are you asking me if I believe in free speech and the First Amendment? Yes, of course, I believe in free speech and the First Amendment.
Abowitz: No, I am asking you if you think some movies can be so obscene that they are crimes to make and distribute? That is the idea behind obscenity law.
Stagliano: Images are communicating. If I want to create an image and you want to view it, a third party, government, does not have right to stop me from viewing something you want to show me.
Abowitz: How have the two years since you were indicted impacted you?
Stagliano: At first it wasn’t too bad. It did not take much time and there was only a little bit of stress. But after the judge set the trial date for July 7 everything has been really busy and my life is stressful. My wife is also pregnant. So, my life is interesting right now.
Abowitz: Congratulations to Karen. Are you surprised after the decades you have been making movies to be prosecuted now?
Stagliano: When I started in the 80s I was really small time among many people. During the Clinton years there were few people busted. Did I know I was going to be prosecuted? Absolutely not. This is a political decision. No one went to the government and complained about my movies.
Why did they choose to prosecute me in this area at this time? That is the agenda of the anti obscenity task force has and they decided to prosecute me. If I was to say I was surprised I was prosecuted or not surprised I was prosecuted then that might indicate, my lawyers have said, that I knew I was doing something wrong and that could be twisted against me. It is like living in Alice in Wonderland sometimes.
Abowitz: The government actually purchased your movie?
Stagliano: Yes, they sent their Special FBI Agent. I think that is what he does all the time. He looks at porn on the Internet. And, that has to be a tough job. You have to watch all these movies and not get aroused and remember that it is for work.
This is the conclusion of my interview this morning with Evil Angel owner, former Vegas show producer, and well know porn director, John Stagliano. Bellow he reveals his decision to take the stand at his upcoming obscenity trial. He also explains how simply by enforcing current law– unlike with the music industry and mainstream movies– because of the regulations adult companies must follow, bootlegging of porn could easily be stopped by the FBI. Of course, that is not happening, and Stagliano is the one being prosecuted for obscenity. The Tube sites, after all, offer identical–because it is stolen–content.
Richard Abowitz: Are you planning on taking the stand at your trial?
John Stagliano: Yes, of course.
Abowitz: Do the lawyers working on your case think that is a good idea?
Stagliano: No, everyone thinks it is bad idea. Pretty much everyone I discussed it with told me it is not a good idea. Well, a couple people who were not lawyers said it sounded like a good idea.
Abowitz: So, why are you discarding the advice of all the lawyers you are paying to keep you out of jail?
Stagliano: Because I feel that this case is important in my life and for things that are important to me. It would be bad form at my trial to sit there quietly. I would like to open my mouth and say whatever I can possibly say within the context of testifying to defend myself. And, I do believe I can do that. It will certainly make a better movie about my life than if I don’t testify. I have to look long term and think of movie rights. (Laughs)
Abowitz: How much have you had to pay for all the legal advice you are discarding?
Stagliano: It is costing a lot of money. But it cost less than when I had to fight someone who was duping my movies. That was more money for lawyers than this cost. That was in 2006. I won a big judgment but I had to settle for far less.
Abowitz: So, does the Federal government do a good job protecting your copyrights on the films they prosecute you for distributing?
Stagliano: The FBI refused to protect the copyrights for my movies when we contacted them. We had to go to a civil court to a Federal judge for copyright enforcement. But as far as protecting copyright the way they do with mainstream media, they have done far less for the porn business.
Abowitz: Is this how the Tube sites are able to get all the footage (see my article in The Daily Beat from January) they use?
Stagliano: In fact, there is a regulation and it is an important regulation that states we have to maintain records that show that for every image the performers were over 18 years of age. The Federal government has chosen not to go after Tube sites for not maintaining those records. If they just did that it would keep the Tube sites from even existing. You obviously can’t supply age verification paperwork if you are stealing images from other people. If the Tube sites had to comply with the law the way we have to comply with the law there would be protection for intellectual property, at least, in porn. And, Tube sites are driving me out of business. It is the lack of action there that is destroying the porn business more than obscenity prosecutions.
Abowitz: How is your health holding up during all this?
Stagliano: Honestly, I am doing great. I don’t think I have ever been healthier or felt more alive.
(photo: Lanie Crossman, John Stagliano with Sasha Grey at 2010 AVN Awards