The videos, many of which are affiliated with Hustler magazine, are the subject of a 15-count indictment returned Tuesday by a Hamilton County grand jury.
The grand jury, which had been hearing evidence at least since last week, lodged obscenity and corruption charges against Mr. Flynt and his brother, Jimmy, who manages the Hustler store. All charges relate to videos; Hustler magazineis not the focus of any of the 15 charges.
Mr. Flynt, who has repeatedly sought an obscenity prosecution, will be arraigned in Hamilton County Common Pleas Court on April 21. Until then, he and his brother will remain free. If convicted, the Flynts could get as little as probation or as much as 24 years in prison.
But Mr. Flynt does not expect a conviction. Rather, the 55-year-old, who still is bitter about being tried here more than 20 years ago by then-prosecutor Simon Leis Jr., is hoping for vindication in the form of 15 not-guilty verdicts. And he thinks the indictments themselves are a good sign.
"I feel very good about it," he said. "Obviously he didn't bring a charge against the magazine itself because he didn't think he could convince a jury that it was obscene."
Hamilton County Prosecutor Joseph Deters says the well-known pornographer is in for a tough battle. And he said the videos were targeted simply because they are "low-grade" and "rough," not because he has sanctioned Hustler.
"This is the most vile, degrading -- and degrading particularly to women -- material ever sold in Hamilton County," Mr. Deters said, adding that because of the graphic, shocking content of the videos, he would not describe them publicly.
Only six of the videos were on sale Tuesday. The rest have sold out.
Mr. Deters said Mr. Flynt sealed his own fate in February, when he added the videos to the store's inventory of magazines, books and sex toys.
"We reached a level with the videos that a grand jury had to see it," Mr. Deters said, adding that he pursued the case because of the nature of the tapes -- not because of grudge matches, politics or pressure from outside groups.
"The only issue is whether or not these videos meet the test for obscenity," he said. "And whether he wanted to be arrested or had this battle 20 years ago, I don't care.
"This is what is defined as obscenity under state law. This is not a personal opinion. He is not being indicted because I don't like what he's selling there. This is not a moral crusade."
The majority of the charges -- nine -- are for pandering obscenity, the same crime Mr. Flynt was convicted of in 1977. Though the conviction later was overturned, Hustler had not been sold in Hamilton County until Mr. Flynt opened his store in October.
Both Flynts also were charged with disseminating material harmful to a juvenile. A clerk at the store allegedly sold obscene videos -- titles include Vivid Raw #3 Doubleheader and Beyond Reality 5 -- to a 14-year-old boy. The clerk will not be prosecuted, since all store employees, except Jimmy Flynt, were granted immunity last week in exchange for their testimony before the grand jury.
Mr. Deters said the boy, whom he would not name, bought a video earlier this year. He later sold the tape to a friend, and eventually alerted police, who sent him back into the store twice to buy more videos.
"That's against store policy" to sell to minors, Mr. Flynt said. "We card everyone who even looks under age."
Jeff Beebe, a shift supervisor at the store, said the boy used identification the first time he bought a video. The other times -- when the boy was acting under direction of law enforcement -- the boy was not carded because the clerk recognized him as a customer. Mr. Beebe said that after the purchases, the boy's uncle called the store, saying his nephew had stolen his driver's license and used it to buy the tape.
"I said I would give them his money back," Mr. Beebe said. "That was the last I heard from them."
Though all the charges are felonies, the most serious is engaging in a pattern of corrupt activity. Mr. Deters said the Flynt brothers engaged in corrupt activity when they repeatedly sold "obscene videos clearly depicting penetration."
To convince a jury that the videos are obscene, prosecutors would have to show that the material:
Appealed to the prurient interest.
Depicted sex in a way that offends contemporary community standards. Lacked serious scientific, literary, artistic or political value.
Cincinnati attorney H. Louis Sirkin, who is representing Mr. Flynt, questioned the corrupt activity charges.
"I think it's a use of a statute in a matter that it wasn't really designed for," he said.
Despite the indictment -- and an ongoing investigation by Cincinnati officials for possible zoning violations -- the Hustler store remains open.
The store was no busier than usual Tuesday: a steady stream of patrons flowed in throughout the day, Mr. Beebe said.
The videos targeted by the grand jury were typical pornography, he said.
"None of them I would consider obscene," Mr. Beebe said. "But a few are on the fringe."
The video that might present the most problems for Mr. Flynt is Rocco More than Ever Part 2, Mr. Beebe said. He described it as "degrading" and "extreme."
"Let's just say it contains urinating scenes," he said.
Reporter Erica LeBorgne contributed.
Associated Press coverage
