Corn pone, porn pone #3

CCC has several earlier posts about the August obscenity trial in Staunton. Now Dr. Marty Klein, a certified sex therapist, sociologist, and writer has described his visit to Staunton for the trial. He notes he was in town to testify, but I don't recall seeing him in the courtroom, and since the defense didn't put on any witnesses, he clearly didn't take the stand.

Kline's article is on alter.net where he discusses obscenity, local community standards, freedom of expression, and his subsequent visit to Monticello. You can tell, he isn't happy

So people of Staunton, don't shake my hand, don't welcome me to your pretty little town, don't be so damn friendly. I hate what you did to my country last week. You spurned Jefferson, denied Madison, spit on the America you claim you love.

I suspect his won't be the last word, and the Staunton jury won't have the final say, in this legal quagmire.

Corn pone, porn pone

Belle Rose has spent about a day and a half observing the so-called "Porn Trial" in Staunton Circuit Court. You can check out the media's reports at The News Leader, the News Virginian, NBC29 or TV3. Will probably return tomorrow.

Rather than relate the "facts" I'll just scratch around with the dirty birds. First, my bias - I'm almost an absolutist on the First Amendment freedoms of expression. Certainly child porn is not protected but I believe consenting adults have the right to read, view, see, hear pretty much anything else. While there may be other restrictions, this post will focus on obscenity and pornography issues, not things like national security or slander.

A few pieces of grit:

• While you never know how a jury will react and decide a case, the Commonwealth's Attorney, Ray Robertson has a weak case and is out gunned at practically every turn. One "star" witness, retired police chief Butch Wells, was rejected by Judge Wood as an expert/qualified witness on the topic of contemporary community standards/views on obscenity. The judge applauded Mr. Wells' honesty and insights into the community he served for over 30 years, but agreed with the defense that he was not an expert nor did he have special insights that qualified him. The jurors themselves will the the standard bearers for what are the community's views on adult sexual materials, obscenity, etc.
• The jurors spent nearly four hours viewing two DVDs that Mr. Robertson thinks are obscene. The screen was turned so that the jurors, the judge, the lawyers, and bailiffs could view the videos. The audience listened to moans, groans, sexual talk sprinkled with some dirty words - but saw nothing. It was surreal and pretty boring for the audience. I was a little surprised that a few in the audience whispered and there were some grins - all of which the jurors could see if they looked away from the screen.
• The jurors did a great job paying attention without too much visible emotional response. There are three female and four male jurors. I'm no judge of age, but two of the men are clearly senior citizens, one seems to be in his 50s, and the other about thirty. All of the women seem middle aged. I watched a young reporter writing down every move - a scratched nose, a yawn, looking away, or a slight grin. My observation is they were at various times shocked, bored, sleepy, amused, and by the end of the day numb.
• The defense will probably put on quite a show with a variety of witnesses on the First Amendment, the Miller case and other decisions shaping the legal definition of obscenity, and on "community standards." Since the prosecution seemed somewhat ill-prepared on these so far, I imagine the next day will be interesting as Robertson stumbles into his cross examination. 
• For all the news coverage and supposed interest in the case against After Hours Video, its owner and an employee, the courtroom is basically empty. TV and print media account for about half of the audience that usually numbers in the mid teens (people can come and go at any time). There were several senior citizens who appeared to me to be part of a church or other anti-porn group, but I really don't know who they were. A few employees of law offices and police officers make up most of the rest of the audience.
• To most objective observers, Ray Robertson has a hollow case so he must have some political or hard core personal moral motive. But, is it worth getting your clock cleaned in the courtroom and your reputation as a prosecutor sullied? Wasted dollars. Wasted police time. Wasted court time. Am I also wasting my time?

The defense begins its case tomorrow and perhaps we'll have a decision by the weekend. Or not? Maybe the jury will return guilty verdicts, but I think the very best the prosecution can hope for is a hung jury.  Ray Robertson has misrepresented the good people of Staunton.

Corn on the cob

Sweet corn is showing up at farmer's markets and farm stands. Nice time of the year.

The "porn trial" started in Staunton today - jury selection was the main thing on the court's docket today. By lunch break three jurors - one man and two women - had been selected. Since this is a misdemeanor trial, seven jurors are needed. Guess they'll get into opening statements and calling witnesses tomorrow, if jury selection concludes today.

•••

A group called Virginia Veterans for Obama has a online petition - Congressman Bob Goodlatte Does Not Support Our Veterans. Recently the congressman sent a mailing falsely claiming he had supported Senator Jim Webb's G.I. Bill:

“Recently, the Congress passed, with my support, important legislation that expands the education benefits for our returning service members.”

Mr. Goodlatte actually opposed the bill and only voted for it to save face after the provisions were included in war funding legislation. If you believe that Mr. Goodlatte should fess up to false statements made during his reelection campaign, sign the petition.

••••

Flowers bloom in the spring, campaign signs in the fall. This year they've been popping up earlier than in some elections as more and more are appearing well before the traditional Labor Day campaign kick-off. Signs don't vote or win elections, but they can give a sense party activism and, if you know whose yard it is, a notion of where support of coming from.

Because he spent a year running for the Democratic nomination, Sam Rasoul's signs have been spotted around the district for months. They even caused a bit of a stir in Botetourt County back in April. In July, Goodlatte signs started appearing, first in the southern end of the district and later in the more northern areas. A big Goodlatte sign on church property caused a controversy and was removed. Bet there are more instances of this around the district. Although I've passed through her hometown of Bridgewater several times recently, I've only spotted one Janice Lee Allen sign, which was actually on Rt. 11 near Verona. Her campaign may have gone mort. 

Other than on properties of a few well known fanatical GOPites, I have yet to see a Gilmore sign legally in a yard - but many have been planted in VDOT right-of-ways. On the other hand, I've counted a fair number of Mark Warner signs, some at homes where Democratic signs are not the norm.

Barack Obama signs are scarce as hen's teeth at the area headquarters. Rumor is that the campaign is waiting on a VP name before printing new signs and bumper stickers. Still, you can spot them throughout Rockingham and Augusta counties. There have been a few letters to the editor in the DNR complaining of stolen Obama signs. A few McCain signs are beginning to appear - most clustered with other Republican signs.