Right by Miles
Two teenage boys are in a car chase with a reckless, sexually perverted Polk County sheriff’s deputy. The boys crash, killing Miles White, 16. But the sheriff’s office does not investigate its deputy’s involvement. Why?
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Attorneys for Paul Little vow to appeal the jurors’ decision.
TAMPA — Twelve federal jurors drew the line Thursday for Tampa Bay area residents, saying the graphic and violent films of a Hollywood pornographer are unacceptable in their community.
They reached that decision after watching 81/2 hours of extreme pornography on a giant screen in court. At times, they winced as an adult film producer who calls himself Max Hardcore performed in scenes that included urinating, vomiting and violently dominating women.
After nearly two weeks of trial and roughly 12 hours of deliberation, jurors decided what they had seen went beyond the Tampa Bay region's community standards.
They convicted the actor and producer, whose real name is Paul F. Little, 51, of Altadena, Calif., and his company, MaxWorld Entertainment Inc., of 10 counts of selling obscene material on the Internet and 10 counts of shipping it to Tampa through the U.S. mail.
Jurors asked that their names not be used. But several spoke of how emotional it had been and how tensions among them escalated Thursday as they deliberated, temporarily unable to reach a decision on half of the charges.
"We made the right decision," a male juror said.
Among their ranks were an accounts receivable clerk with three young children at home, a licensed practical nurse, an insurance claims adjuster, a civil engineer. A pawnshop owner served as the jury foreman.
They said they plan to write a book about their jury service. And they criticized the law that was the basis for charges of aiding in the use of the U.S. mail to send the films to Tampa.
The president of Jaded Video, a California adult film distributor, testified that his business sold Little's films from Jaded's Web site and selected the U.S. mail to deliver them to customers. Little's attorneys argued that he had no knowledge or control over that process.
The judge, citing the law, told jurors that someone can be guilty of causing the mail to be used if, in the ordinary course of business, they perform an act where the use of the mail can reasonably be foreseen. In this case, Little sold his films to a business that would distribute them.
As they heard the word "guilty" read 20 times inside the courtroom, Little and his team of attorneys, including two former presidents of the First Amendment Lawyers Association, bowed their heads and remained motionless.
"We believe in freedom of speech, and this is a setback," MaxWorld attorney Louis Sirkin said afterward, vowing to appeal. "We expect to get our day of reckoning. It's not over."
At his attorneys' request, Little didn't comment on the verdicts. But earlier, he spoke at liberty to a St. Petersburg Times reporter about his views.
"People down here should be outraged that the government is saying you can't watch two people f---," Little said. "If this is bad, where is the outrage here? Where's the protesters?"
Prosecutors charged Little and MaxWorld each with five counts of using a computer server to sell and distribute obscene material and each with five counts of distributing obscene matter through the U.S. mail. He faces a maximum of five years in prison for each conviction when he is sentenced Sept. 5 by presiding U.S. District Judge Susan C. Bucklew. Little and MaxWorld face separate fines of up to $250,000.
Jurors spared Little from having to forfeit his house to the government, but decided as part of their verdict that he turn over three adult-oriented Web sites that advertise or sell his MaxWorld films.
The otherwise stoic defendant wiped tears from his eyes when he learned they had decided not to take his home.
Just hours into their deliberations on Wednesday, jurors sought to clarify the meanings of several words and phrases in their jury instructions, including "morbid and degraded," "unhealthy interest in sex," and "candid interest in sex." The judge refused their request to use a dictionary, and said they should rely on their common sense.
The case drew the attention of an adult film industry critic, who flew from California to write about it. Interns studying law sat in the courtroom to hear the legal arguments. And local First Amendment attorney Luke Lirot, who occasionally defends strip club operators locally, sat in the courtroom on several occasions.
Attorneys with the Justice Department's Child Exploitation and Obscenity Section prosecuted the case in Tampa because Little's Max Hardcore site was housed on computer servers downtown for at least three years.
Defense attorneys said Little never knew his site was housed in Tampa, and that prosecutors never produced any evidence that he did.
In closing arguments, the defense called on jurors to consider the nearly five-dozen adult oriented businesses in the bay area and infer what that suggested about the local community standards.
Justice Department attorney Edward McAndrew urged jurors to rely on how the films made them feel as they watched. He told them in closing arguments that had the law not required they stay, he wouldn't blame them for running for the exits.
"These videos aren't only offensive, they assault your senses," McAndrew said.
Times researcher John Martin and staff writers Ben Montgomery and Thomas Kaplan contributed to this story. Kevin Graham can be reached at kgraham@sptimes.com or (813) 226-3433.
[Last modified: Jun 12, 2008 03:44 PM]
Comments on this article
by Harry
Jun 6, 2008 4:14 PM
I commend the courage of the jurors in judging the standards of the community as to what they feel others should or should not watch. It must be an awesome feeling to have that responsibility. I wish them great profit in their book deal.
by Duane
Jun 6, 2008 4:14 PM
What is really obscene is a Preesident who lied to us about going to war and the 4,000 lives he has wasted to conduct a foreign policy outlined by a bunch of war wimp neo-cons from elitist Ivy League schools. Go investigate some real crime u clowns.
by Jim
Jun 6, 2008 4:14 PM
Why is it that small minded people must invariably attempt to inflict their "morality" (which is often more accurately described as hypocrisy) on others? If you are offended by the content of these films then don't watch them.
by Jolene
Jun 6, 2008 4:14 PM
I agree with you what is done in your own home as long as it doesn't interfere with me is none of my business. The point is the decision wasn't based on your first amendment it was based on the Miller Standard and maybe that needs to be changed.
by Biggin
Jun 6, 2008 4:14 PM
I have seen some of these, and they are really gross and demeaning, but if that is what you like who am I to take that away. These films are really twisted, but they are consenting adults... So I say "Let Max Live"....
by David
Jun 6, 2008 4:14 PM
Anyone who defends this man and the feces he produces ought to have their head examined. Only deviants and a "so-open-minded-their-brains-leaked-out" liberal US Supreme Court could defend this crap as Freedom of Speech.
by Chuck
Jun 6, 2008 4:13 PM
obscene or not, why is it perfectly legal to film movies depicting murder, drug use and torture?? Murder is ok but consensual sex is not??? Other than the jury, No one was forced to watch or perform in the videos. Big Brother helping us all.
by Ray
Jun 6, 2008 4:12 PM
Here's a perfect example of a case in which the jury (or some member of it) should have chosen to exercise their power of "jury nullification." Pathetic!
by Tom
Jun 6, 2008 4:12 PM
A waste of tax dollars and a violation of free speech.
by RAY
Jun 6, 2008 4:12 PM
This is America?
by Dan
Jun 6, 2008 4:11 PM
Ah, one of the great, abiding controversies of our time.
by John
Jun 6, 2008 4:10 PM
Only in America.. and maybe middle east
by Lauren
Jun 6, 2008 4:10 PM
I cant believe the people defending this scubag and his type of material. That stuff has no place in this world and to defend it just shows your ignorance. Whatever your quip with laws may be, you should be happy when we can get rid of that filth
by Ron Jeremy
Jun 6, 2008 4:10 PM
This verdict is obscene.
by H man
Jun 6, 2008 4:10 PM
MORONIC JURORS
by Shelly
Jun 6, 2008 2:46 PM
How is it that mostly men responded to this article?As a young mother,I am glad of the outcome.What if it was your daughter there on the screen?You say"don't force your morals on me"How about the other way around?Don't force your LACK of morals on us
by Maryjoe
Jun 6, 2008 2:46 PM
Jaded Video testified that they sold the films from their Web site and used the U.S. mail to deliver them. Are prosecutors going to go after them? how about amazon and other retail outlets?
by Vanessa
Jun 6, 2008 2:46 PM
Quick legal lesson: The First Amendment DOES NOT apply to obscenity. Since these movies were deemed obscene, the first amendment doesn't apply here. It won't be overturned; the Supreme Court created the precedent for obscenity law!
by Duane
Jun 6, 2008 2:45 PM
I hate the contesnt of this film, but I defend the right of the man to produce it. Just another example of Bush's republican party's legacy. Reminds me of when Nixon's thugs went after Harry Reems while the prez was spittin on the constitution.
by Ron
Jun 6, 2008 2:45 PM
In my opinion, there is no way anything in these videos could possibly be anywhere near as offensive as this overreach of government, waste of taxpayer money and the prospect of putting a human being in a cage for many years.
by Lisa
Jun 6, 2008 2:45 PM
Community standards... We are forced to see a giant confederate flag that clearly offends most of our community. and that's protected speech, but what adults agree to do in private is deemed illegal. This is quite a strange community we have here
by BS
Jun 6, 2008 2:42 PM
Paid actors performing in films purchased by people who want to watch them and viewed in private homes. Erosion of the First Amendment begins with low hanging fruit.
by Rob
Jun 6, 2008 9:41 AM
Though the videos may be disgusting this should be overturned. Determining what is obscene to consenting adults can be opinion. Just because I find something obscene doesn't mean everyone else does as well. Freedom.
by Kenneth
Jun 6, 2008 9:21 AM
It is amount time somebody said enough is enough. The are to many liberties when it comes to judging this type of material.
by Richard
Jun 6, 2008 9:21 AM
What a waste of tazpayers money. Community Standards what a joke considering it's Florida.
by Richard
Jun 6, 2008 9:21 AM
I'm glad he was found guilty. It perversion of the highest order. It's not about making "love", it's a disgrace to women the way he reportedly behaves in films. What's sexy about being thrown up on or urinated on? He needs Jesus!
by Rob
Jun 6, 2008 9:21 AM
Who cares what people watch in their home? The actors were forced to be in the films, what a waste of money. I am sure the religious nuts will be happy. I hope it is overturned in the appeals process.
by CT
Jun 6, 2008 9:21 AM
Wow, who cares what adults do on video, if they consent. If you don't like it don't watch, don't order the tapes. I've no doubt these tapes are discusting but I wouldn't want anyone telling me what I can and can't be "into"!
by A.H.
Jun 6, 2008 9:21 AM
Good, the trial is over. Can we stop hearing about it now?
by David
Jun 6, 2008 9:20 AM
What a dark day in Tampa Bay. This appears to be one more step toward socialism. How in the name of Mother Dixie can a jury convict this guy because his website was hosted in Tampa and the US mail was use for distribution? Not to mention – they “s
by Bob
Jun 6, 2008 9:20 AM
I's glad they let hime keep is home, now he can film on location!
by Jason A.
Jun 6, 2008 9:20 AM
As disgusting as I think it is, this will get overturned on appeal if it goes to the Supreme Court. You can't limit the First Amendment when it is all consenting adults that are wanting to buy and view the dvd. If you find it obscene, don't watch it.
by Paul
Jun 6, 2008 9:20 AM
He's extreme but I get nauseated watching films of WW2 the Gulf War Vietnam and would never suggest they be restricted,
Anyone who can watch the films from the Major War Crimes Trials and not be affected emotionally or disgusted is sick. Same standar
by Brian
Jun 6, 2008 9:20 AM
I think this kind of pornography is disgusting. However, this is going to have a chilling effect on the entire film industry. The old adage goes, "freedom of speech protects the speech you don't like as well as the speech you do like."
by Vincent
Jun 6, 2008 9:20 AM
This was a clear waste of tax dollars. If you don't want to watch a Max Hardcore video, don't watch it. Drive through Drew Park on a Friday night and get back to me about community values. Sad situation here, it is going to get ugly.
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