Friday, August 20, 1999
Judge sets strict rules in porn trial
Parties not to talk to media; jurors shielded
BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON — A Butler County judge has issued extensive restrictions for an upcoming obscenity trial against an adult video store, ordering parties not to talk to the media and banning any display of signs or posters within 1,000 feet of the courtroom.
Common Pleas Judge Matthew Crehan filed his order Wednesday for a trial involving Millville Video Inc. that's scheduled to begin Monday.
Millville Video is charged with two counts of pandering obscenity stemming from the purchase of three adult videos — Man Made, Agony of Arianna and Story of Ouch.
In his order, Judge Crehan:
• Prohibits attorneys and any other parties in the case from making statements to the media before or during the trial.
• Restricts people carrying signs or posters from coming within 1,000 feet of the courtroom. For several weeks, anti-pornography protesters have been picketing another adult video store, VIP Video in Hamilton.
• Bans people with buttons or other material referring to the trial from entering the courtroom.
• Threatens to throw out of the courtroom anyone talking to jurors or parties in the case. During a Butler County obscenity trial involving VIP Video earlier this month, a spectator made comments to Barbi Tomaino, the wife of store owner Peter Tomaino.
• Prohibits prosecuting and defense attorneys from identifying any prospective juror by name. During the jury selection process, they must refer to prospective jurors only by juror number, the city of residence and ZIP code.
• Raises the possibility of asking the press and spectators to leave the courtroom during the jury selection process if there aren't enough seats for the 60 prospective jurors. The courtroom is small.
• Forbids anyone under age 18 from being in the courtroom during the viewing of the adult videos. The TV monitor will be positioned so that only the jurors and the participants in the trial can watch the videos.
In three other Butler County obscenity cases in the past year, everyone in the courtroom who was at least 18 was allowed to watch the videos.
In the current obscenity case, pandering obscenity charges originally were filed against Millville Video owner Lloyd “Ken” Davidson. But the prosecution dropped the charges against him and filed identical charges against the corporation, Millville Video Inc., when the defense presented evidence that Mr. Davidson was not the sole operator of the store.
A conviction in this case could result in a fine against the corporation, but not jail time for Mr. Davidson.
In the three previous trials involving VIP Video, which has stores in Hamilton and Millville, juries convicted Mr. Tomaino and store clerk Billie J. Doan of misdemeanor counts of disseminating harmful material to a juvenile. Each received a suspended six-month prison sentence, 120 hours of community service and a $1,000 fine.
The juries acquitted the defendants of all pandering obscenity charges and two counts of disseminating obscene material to a juvenile.
Judge H.J. Bressler handled the first two obscenity trials, and Judge Keith Spaeth presided over the third one.
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