RUSTON, Louisiana – An owner of an adult store convicted of violating the state’s obscenity law received a suspended sentence Thursday in 3rd District Court.
Judge R. Wayne Smith sentenced Dan Sasha Birman to a $2,500 fine plus court costs and a three-year suspended prison sentence.
Birman, 23, avoided jail by agreeing to seven stipulations asked for by 3rd Judicial District Attorney Bob Levy. Those included closing the doors to Fantasy Video, located on Frontage Road between the Ruston and Grambling city limits.
The former Ruston resident was convicted Oct. 29 of selling sexually explicit material to undercover state troopers on April 17.
“This is a great day for the people of Lincoln Parish,” Levy said. “I think it also sends a strong message to those who might consider selling sexually explicit material in Lincoln Parish – if they do so, it is at their own peril.”
In a statement after his sentencing, Birman lashed out at the District Attorney’s Office.
“My case was given higher priority than one murder trial and several violent crimes,” Birman said. “If I were a voter here, I would be concerned.”
The list of stipulations Birman agreed to included that he:
Immediately close and lock the doors to Fantasy Video and not engage in the sale, distribution or dissemination of any adult materials. Surrender the keys to the facility and his sales tax license and remove any remaining inventory within five days.
Refrain from involvement in any firm operating an adult store in the 3rd Judicial District.
Make no sales, leases, allocations or distributions of adult material into the 3rd Judicial District from outside of the district.
Remove all ads that refer to Fantasy Video Store in Lincoln Parish, to include billboards, within five days.
Remove from the Internet any reference to the Fantasy Video Store in Lincoln Parish.
Refrain from violating the state’s obscenity law.
Waive his (Birman’s) right to appeal this conviction.
Birman also owns an adult video store in Delhi.
“If the police bring us a case, we’ll look into it and if a law is broken, we’ll certainly prosecute,” 5th District Attorney William Cohnen said.
Penny Douciere, an assistant DA in Richland Parish, attended Birman’s trial to “take notes.”
“We’ve got one of these type stores in Delhi,” Douciere said during the Birman trial. “I’m interested in seeing how this turns out.”
Two of Birman’s defense attorneys – Louis Sirkin and Jennifer Kinsley, who have represented Hustler Magazine publisher Larry Flynt – did not appear at Thursday’s sentencing.