TAMPA — Defense attorneys asked Monday that a judge acquit porn producer Paul F. Little and his company of obscenity charges, saying that prosecutors failed to present enough evidence to send the case to jurors.
U.S. District Judge Susan C. Bucklew adjourned court early to review cases cited by attorneys on both sides as they argued the motion. The judge will issue a ruling today.
Little, who stars in his films as Max Hardcore, and his company, MaxWorld Entertainment Inc., are facing five counts of using a computer server to sell and distribute obscene material and five counts of delivering obscene material through the U.S. mail.
His films have graphic scenes of urinating and vomiting.
Louis Sirkin, an attorney for MaxWorld, argued that California-based adult film distributor Jaded Video sold the five Max Hardcore DVDs being used at trial against Little and that Jaded chose to ship the merchandise through the U.S. mail to a Tampa post office box. Sirkin said that Little had no knowledge of the sale and wasn’t involved in selecting a shipping method.
MaxWorld sells films to Jaded Video — and uses the United Parcel Service to ship them — but has no control over what happens next, Sirkin said.
He used an example of a beer brewer selling its product to a distributor that ships the beer to a bar, where it’s purchased by an underage consumer. The beer manufacturer isn’t at fault, Sirkin said.
He also argued Little didn’t know his Max Hardcore Web site was housed for at least three years on servers in Tampa.
LisaMarie Freitas, a Justice Department attorney prosecuting the case, defended the charges by saying the Max Hardcore site and DVDs warn against reproducing or distributing material without the consent of MaxWorld Entertainment Inc. She said Little’s distribution agreement with Jaded Video did not restrict where material could be sent.
Jurors must decide whether the films are obscene by local community standards.
Jeffrey Douglas, Little’s lead attorney, said what MaxWorld produces and distributes is protected by the First Amendment and intended for an atypical audience interested in domination and submission.
Freitas said MaxWorld doesn’t market its films as produced for a niche audience.