By Marie McCain
The Cincinnati Enquirer
Jennifer Dute, the Anderson Township woman convicted last month of illegally selling sexually explicit videos that starred herself, was sentenced Tuesday to one year in prison.
Hamilton County Common Pleas Judge Patrick Dinkelacker, in handing down the decision, said he was "personally repulsed" by the videos Mrs. Dute sold within county limits.
"I thought it was gross, and it took a lot for me to watch these videos," the judge said. "The bottom line is ... a jury told us they will not tolerate the ilk of (videos) Jennifer 2, Jennifer 3, Jennifer 7 and Jennifer 6. They were deemed to be obscene."
Dressed in a beige jumpsuit and flanked by her attorneys, H. Louis Sirkin and Jennifer Kinsley, Mrs. Dute struggled to maintain her composure as the sentence for four counts of pandering obscenity was pronounced. Her attorneys had asked the judge for probation.
She has been held in the Hamilton County Justice Center since the jury verdict 15 days ago.
Under the law, it's up to juries to determine whether sexually explicit materials violate a particular community's standards. 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 movies when they found an Internet Web site that advertised the videos and ridiculed Sheriff Simon L. Leis, a longtime opponent of pornography.
Mrs. Dute, the mother of a 7-month-old boy, apologized profusely during the Tuesday hearing for her actions, saying that all traces of the mail-order business - including her Web sites, a post office box, advertisements and any additional copies of the videos - have been dismantled, closed, canceled or erased.
During trial, defense attorneys had argued that Mrs. Dute's videos - which she marketed, advertised and performed in - were political speech meant to counter the staunch conservatism of such leaders as Sheriff Leis.
One of her Web sites bore the sheriff's name. On it, Mrs. Dute used an expletive to describe the sheriff.
"I apologize to Mr. Leis," she said. "It was a stupid mistake, and I realize that."
Judge Dinkelacker wasn't impressed with her concession. He called her actions "stupid" and "mean-spirited."
"You personally invited this," he added. "You decided to use the First Amendment as a sword instead of a shield. It is meant to be used as a shield."
The judge said Mrs. Dute reneged on a 1999 agreement in which her business pleaded guilty to selling obscene materials. At the time, the judge said, she agreed not to sell obscene videos from or in Hamilton County in violation of statute.
E-mail mmccain@enquirer.com
ELECTION NEWS
Complete Ohio and Ky. results
Links to Enquirer stories
TOP STORIES
New monitor demanded
E-mails between mayor and monitor
Big booms downtown just the FBI
UC to plant trees on campus in memory of 2 slain students
IN THE TRISTATE
Ramadan now a mix of joy, anxiety
Jury deliberates seven charges in police station assault case
Woman gets one year for obscenity
Norwood to seek $54.9M levy
Death penalty opponent speaks
Obituary: Jennie Mae Brown
Tristate A.M. Report
ENQUIRER COLUMNISTS
AMOS: Planting seeds
BRONSON: Dlott's choice
KORTE: City Hall
HOWARD: Some Good News
BUTLER, WARREN, CLERMONT
Clermont has new guide to underground railroad sites
Smoking sparked Milford's fatal fire
Two teens killed in I-275 collision
Sharonville to rink: Move
OHIO
Longevity won't be factor at alternative learning centers
Two face firing after youth is left on bus
Contract deal ends Maple Hts. teachers strike
KENTUCKY
State asks court to allow revocation of Birchtree license
Students stay home to protest gay-rights group