An Anderson Township woman was sent to jail Tuesday for selling videotapes that showed her having sex with multiple partners.

Jennifer Dute had claimed the tapes were forms of free speech and expression protected by the U.S. Constitution. But after a four-day trial, a Hamilton County jury determined that the explicit home videos violated community standards for obscenity.

The jury convicted Mrs. Dute on four counts of pandering obscenity for selling the videos by mail to county residents.

Judge Patrick Dinkelacker immediately revoked her bond and ordered her taken to jail, prompting Mrs. Dute to break down in tears.

Her attorney, H. Louis Sirkin, vowed to appeal the conviction and said he was surprised his client was sent to jail for a low-level felony offense.

“I'll do what I can to get her released,” Mr. Sirkin said. “We're disappointed with the verdict but optimistic about our appeal.”

Prosecutor Mike Allen said the verdict accurately reflects community standards in Hamilton County. Under the law, it's up to juries to determine whether sexually explicit materials violate a particular community's standard.

“This is exactly how these cases should be handled. We try the case and let the jury decide,” Mr. Allen said. “Obviously, the jury felt these videos were obscene.”

The videos involved in the case showed the 32-year-old Mrs. Dute having sex with one or more partners. Prosecutors said Mrs. Dute's 61-year-old husband, Alan, shot the tapes.

Mr. Dute also was charged with pandering obscenity, but he was found not guilty.

Investigators first learned of the videos when they found an Internet Web site www.simonleis.com, that advertised the videos and ridiculed Sheriff Simon L. Leis, a long-time opponent of pornography.

Mr. Sirkin said he believes Mrs. Dute's criticisms of the sheriff and use of his name on the Web site made her a target of law enforcement.

He said his appeal of the conviction would be based in part on Judge Dinkelacker's refusal to allow the jury to hear evidence about similar videos available in Hamilton County.

The defense had sought to introduce the videos from the trial last year of Elyse Metcalf, who was found not guilty after a jury determined the videos she sold did not violate community standards.

“What better evidence of public acceptability of this material can you have?” Mr. Sirkin said.

Mrs. Dute, who faces up to five years in prison, will be sentenced Nov. 5.

E-mail dhorn@enquirer.com

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