By Sharon Coolidge
The Cincinnati Enquirer
Judge Norbert Nadel of Hamilton County Common Pleas Court ordered Jennifer Dute back to his courtroom Wednesday.
He said she will be retried on pandering obscenity charges, denying a motion from her attorney, H. Louis Sirkin, to dismiss the case.
A trial date will be set next month.
Last May, the Ohio 1st District Court of Appeals threw out the Anderson Township woman's conviction for selling videotapes of her sexual encounters. She has served seven months of a year-long sentence on the charge.
The appeals court found that Dute did not get a fair trial and received too harsh a sentence.
Dute, 33, was convicted of pandering obscenity for selling a series of videos showing her having sex with multiple partners. Her 63-year-old husband, Allan, was accused of filming the videos but was found not guilty of pandering charges.
During her trial, Dute's attorneys argued that she was singled out by law enforcement because she sold her videos on a Web site that ridiculed Hamilton County Sheriff Simon L. Leis, a staunch opponent of pornography.
The appeals court determined that Dute did not get a fair trial because Judge Patrick Dinkelacker refused to allow defense attorneys to show jurors a similar explicit video available in Hamilton County.
Hamilton County Prosecutor Mike Allen is glad Nadel decided to bring the case back to trial.
"It's an important matter," Allen said, "one that should have a final adjudication."
Sirkin expects a new jury to acquit his client. Seeing similar videos in which jurors acquitted the suspect on pandering charges is important to the case, he said.
Gov. Taft stresses jobs, tax overhaul
Businesses liked tone, but wonder how it can be done
UC transplant doc receives new liver
Oxford's WOXY Net-only after sale
Summit students back at school
Summit pupils feel right at home
Twitty's conviction erased from the record
IN THE TRISTATE
One hurt in plant fire in Madison Township
Fest plans to reclaim 'Cinco'
Columbia Twp. administrator renewed
Expulsions will be fewer
Dute to be retried on charges of pandering
Eastern corridor transit plans open for discussion
Motive will determine sentencing in slaying
Felicity library observes 10th year
Junk cars, blaring stereos to be cited by Fairfield cops
Last funds hurdle cleared
Faith better than being cool, Bengals' Kitna tells students
Lakota lists cutbacks if levy fails
Middletown schools to trim
Warren deputy released on bond in drug case
Judge: Allen must testify
Norwood rejects contract negotiated for firefighters
Business adviser to Haitians uses what he learned
Public safety briefs
Lynch opposes police hiring
District head is award winner
Hall pass or not, this baby's coming
Money reallocated to veterans service
Volunteers may oversee W. Chester money issues
Yard sign restriction challenged in court
Bronson: Adult battles could ruin kids' games
Crowley: Ruby saves his first team for late-night meal
Good Things Happening
Burlington seeks sidewalk help
Church's bank accounts investigated
NKU thrilled with budget