BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON -- A Butler County jury Thursday convicted an adult video store owner of a misdemeanor charge for selling a sexually explicit video to an underage boy but acquitted him of a felony charge.
The jury deliberated six hours to find Peter Tomaino, owner of VIP Video in Millville, guilty of disseminating material harmful to a juvenile and not guilty of disseminating obscene material to a juvenile.
Both sides claimed partial victories.
"The verdict indicates that sexually explicit material is not against community standards in Butler County," said Mr. Tomaino's attorney, H. Louis Sirkin.
Assistant Prosecutor Dan Gattermeyer said the verdict should serve as a warning that video stores must make sure they do not sell adult videos to those under 18.
Common Pleas Judge H.J. Bressler will sentence Mr. Tomaino on Oct. 2. Possible penalties range from probation to six months in jail. The felony charge would have carried a sentence of six months to a year in jail.
The verdict was identical to one in the trial last month of Billy J. Doan, the VIP Video clerk who sold the adult video to the juvenile. She will be sentenced by Judge Bressler on Sept. 18.
The charges against Mr. Tomaino stemmed from the Oct. 14 sale of four adult videos by Ms. Doan to Mark Frybarger, then 17 and living in Millville. Mark bought the video as part of an undercover operation.
