BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON -- A Butler County judge refused to dismiss criminal charges Thursday against the owner and a clerk of a Millville shop accused of selling four adult videos to a 17-year-old boy in October.
Peter Tomaino, owner of VIP Video, and his clerk, Billy J. Doan of Cleves, are charged with two counts of disseminating material harmful to juveniles. One charge is a felony, while the other is a misdemeanor.
Defense attorneys argued that Mr. Tomaino and Ms. Doan were entrapped by a Butler County sheriff's deputy who enlisted the 17-year-old to enter the store and buy the videos.
But Common Pleas Judge H.J. Bressler said the arguments presented by the defense were not grounds for dismissal.
The judge rescheduled Mr. Tomaino's trial from May 18 to Aug. 24 because of a scheduling conflict of defense attorney H. Louis Sirkin.
Judge Bressler will decide at a hearing Thursday whether to try Ms. Doan separately on May 18 or with Mr. Tomaino on Aug. 24. Ms. Doan is represented by attorney Mary Lou Kusel.
Ms. Kusel said she prefers Ms. Doan to be tried with Mr. Tomaino. Mr. Tomaino and Ms. Doan also face other charges.
On April 22, the grand jury indicted Mr. Tomaino, Ms. Doan and Caroletha Geter, on three counts of pandering obscenity.
VIP is one of two Millville video stores facing criminal charges. Lloyd Davidson, owner of Millville Video, around the corner from VIP Video, was indicted April 22 on two counts of pandering obscenity.
