July 21, 2002 04:20pm
Max Hardcore Trial Travesty - Editorial Opinion
Source: Adult Industry News
by: Steve Nelson
While talking to Max Hardcore in an office down the hall from World Modeling I hear, "Hello Max!" from over my shoulder and turn to see a beautiful blonde girl walk through the open door. After introductions I observed their pleasant exchange about her working for him and what it entails. Max began to ask if she was comfortable performing this and that, and she commented she had seen his work and was fine with performing all the things that regularly happen in his videos with him. Max later gave me an open invitation to come by the set and observe production first hand. The key word here is concentual.
Max Extreme #4 is the focus of an obscenity trial with two counts against it. The two SEPARATE counts come from having 1) sold the tape - mail order sale to an undercover agent - and since Max includes a catalogue of his videos with orders, 2) the advertising of an "obscene" movie. Why was Max Extreme #4 picked for prosecution? Unknown. This video is rather tame considering the later productions. This series goes up to #20 currently.
Prosecuting attorney Deborah Sanchez is not happy with Max Hardcore and it appears from talking with Max she has sunk in her teeth on this one and won't let go. But what about her side? From a PBS Frontline interview conducted July 2001, when asked if when prosecuting this kind of case the community is behind her Ms. Sanchez said, "No, I don't really know if the community is behind me. I just have to do it based on what we believe the community will accept. And that comes from just talking to people. That comes really from the officers. The detectives have talked to people."
"One of the things that a recent defendant allegedly had concern about through his attorney was, 'If we get prosecuted, our understanding is that the federal authorities are going to start looking at local convictions as a trigger for federal convictions.' And so maybe that's why they're worried."
"I think my job, or my role, is a presenter. I present [to] the community. I say, 'Community, look at what's out there. Community, is this acceptable to you?' That's what I do. I'm the presenter. I'm not really the judge on this.
[Please read this interview in full by following the link below.]
Have the community standards changed since the last obscenity trial? The last trial where there was a conviction was in 1993.
It's apparent in the rest of the PBS interview with Ms. Sanchez that if the prosecution wins this case it will encourage other prosecutors to go after the producers and retailers of other adult material they find offensive.
With this in mind, a win for Max Hardcore is obviously a win for the entire Adult Entertainment Industry. His trial has been prolonged for over a year so far with motions discoveries and other delays. Max is due back in court July 27th 2002.
Jeffery Douglas is the attorney handling this case. Mr. Douglas is a respected criminal defence lawyer knowledgeable in First Amendment law and chairs the Free Speech Coalition's Board of Directors. Mr. Douglas is confidant that, with funding to proceed, they will prevail in the courts and that in all likelihood this will be enough to persuade the City Attorney to STOP pursuing these kinds of taxpayer-money-wasting cases. This battle has incurred sizable legal expenses to continue fighting and the fight is far from over.
To send a contribution to Max and his attorney to continue his fight please be generous to the address below:
686 South Arroyo Parkway Ste. 10
Pasadena, CA 91105
For more information Max invites people willing to help to call his offices at 626-791-5800 or e-mail him at Max@MaxHardcore.com.
Adult Industry News