You may have read about it elsewhere and not understood why this happened. Im going to put it in English for y’all.
the government asked for and received business records that indicated that JM sold four videos (Filthy Things 6, American Bukakke 13, and Gag Factor 15 & 18 )to Five star Video
those records were the basis of the governments case the government claiming that the records were NOT hearsay evidence because JM provided them and thus could be shown to the jury
Lou Sirkin argued that just because JM provided these records did not mean that the records were authenticated and thus were inadmissible hearsay evidence. Sirkin further maintained that JM owner Jeff Steward could identify the records as authentic, but if asked to do so he would take the fifth so as not to incriminate himself.
The Judge sided with Sirkin and the government decided to dismiss the case figuring that without this evidence there is no proof that JM knowingly sold the videos to Five Star.
Damn fine job Lou Sirkin.
2 Responses
it still makes no sense to me.Its their videos, no hearsay there. Im glad for them it was dropped but doesnt make sense,I got to figure there is more to it.
in order for obscenity to be a federal crime it has to cross state lines (interstate commerce is a federal jusrisdiction)
with no proof that JM knowingly sold the videos to 5 star then theres no proof that he shipped across state lines
case closed
someone fucked up in the evidence gathering dept….rob black wont be so lucky