Obscene Trial

One of the benefits of living where I do (southwestern Ohio) is experiencing traditional American mores that have disappeared from the coasts. Such as the semi-regular prosecutions of retailers for selling porn. The Cincinnati Enquirer reports on the latest case:

Jeffrey R. Busemeyer is supposed to go on trial today - and so are "community standards."

In the first obscenity trial involving a Butler County retailer in two years, a jury will be asked to decide whether Busemeyer, 46, of Wyoming, is guilty of offering obscene videos for sale at Pik Kwik Market, the West Chester Township store he manages.

A Common Pleas Court jury will be instructed to view the videos and decide whether they meet the legal definition of "obscene material." A key part of the test: whether the videos depict sexual conduct that is offensive to community standards.

In years past, Butler prosecutors have had little success persuading jurors to convict in obscenity cases - partly because "community standards" are open to interpretation. But Prosecutor Robin Piper said he is determined to overcome that hurdle.
…

[T]he Busemeyer case … involves adult images and is the county's first obscenity trial against a retailer since Piper took office in 2001. …If Busemeyer is convicted, he faces six to 12 months in prison on each charge and a maximum fine of $2,500.

Citizens for Community Values, a Cincinnati anti-smut group, wants to see more prosecutions of this type. The group claims Butler County has 11 other locations selling obscene videos - and "their day is coming," said Phil Burress, the group's president.

Your tax dollars at work. The best part of the story? After the prosecutor, Robin Piper, complains about how hard it is to get convictions (even, mind you, in a very conservative area) and then indicates that threats work just as well, if not better:

But Piper said there are alternatives to prosecution, too. Following investigation, one Butler [county] outlet selling objectionable videos has agreed to cease business.

Comments

[Jean Bart]

And people wonder why Frenchmen think Americans are insane.

[Timon]

We can have all the pr0n we want up here in most of Northeast Ohio - relatively speaking. Cincinnati is indeed a strange, fucked up place of many maddening contradictions.

I don't understand that area one bit.

[Joe Dokes]

Hey Chutus,

I believe the prosecuters would have to show the whole tape, as the definition of Obscenity requires that the work of art be taken as a whole.

I can just see the Jury foreman going to the judge, "Well sir, four want to convict, four want to acquit, and four want to know where they can buy a copy."

Regards

Joe

[Amy Phillips]

The irony is that when Busemeyer was selling the videos in his store, no one had to watch them who didn't want to. Now that prosecutors want to stop him, however, they have to force 12+ potentially unwilling citizens to view tapes that they themselves believe no one should ever watch. Welcome to the wacky world of obscenity.

[chthus]

Do they have to watch every tape in its entirety? Or did the prosecutor make up a highlight tape of the naughtiest bits?

[dude]

Weird how they always go after some local chump with a Quikimart selling a few nudie flicks but they never go near megacorps like Time Warner providing (or at least facilitating) an unending torrent of one-hand material over cable modems and pay per view.

Hmm, yet I can't think of the last time they went after pr0n here in Dayton. Must be something in the water down there in Cincinnati.

[Jason Ligon]

Cincinnati is insane. You normally have the choice of guns or p0rn, depending on who is in office. In Ohio, you don't get either.

But, hey, at least you have a lovely taxpayer funded home for each of your great sports franchises. It is important to have really good seats to see Kitna throw another pick.

[Raymund]

The important question is, why in God's name does Nick live in Cincinnati?

[$.02 Spender]

I think this country needs a big thinker like Stalin, who could move the red state folks to one side of the country, and blue state folks to the other side, divvy up our weapons equally, and have at 'em!

[asmile]

chthus asks if the jurors would have to watch the entire tape, rather than a highlight tape of the naughtiest bits. I think the Miller test for obscenity requires that the work "taken as a whole" must be considered.

[fyodor]

dude,

Surely you jest? They don't take on Wal-Mart for the same reason we take out an evil dictator in Iraq but not in North Korea. And the same reason a dog licks its nuts!

[dude]

Yeah, I know. They go for the easy target. It's all an attention-seeking publicity stunt by a prosecutor and happens like clockwork every year or so. Alas, I don't think selective prosecution is much of a defense in court.

The feudin' between Cincinnati and Jabba the Flynt is often quite amusing. He can afford the lawyers for such larks though.

[Tony Soprano]

Who needs the Mafia when you have the local persecutors in Butler County?

[nm156]

If I were on that jury, I would want to view ALL the pertinent evidence, preferably on a big screen TV. I might even want to "interview" some of the people involved in making said evidence. It's a tough job, but I'm willing to make that sacrifice.