BARTOW, Florida — Chris Wilson, who prosecutors say violated the conditions of his bail by continuing to operate his pornography Web site, was ordered to appear in court Friday for a bail revocation hearing.
Wilson’s lawyers had filed a motion asking that the bail revocation hearing be rescheduled for March. They argued Monday in front of Judge J. Dale Durrance that they needed more time to prepare for the hearing and more than the approximately 30 minutes allotted for the hearing.
Durrance denied Wilson’s request for a continuance, and he said Wilson, who didn’t attend Monday’s hearing, must be in court for the bail revocation hearing Friday. If Durrance revokes bail Wilson will be held in the Polk County Jail. After Wilson was arrested by the Polk County Sheriff’s Office on 301 obscenity charges, his Web site remained in operation and more images were posted on it, according to a motion filed by the State Attorney’s Office.
Wilson took all potentially obscene content off the Web site earlier this month, after the motion to revoke his bail was filed.
“It is with some regret that we must inform our users that this website has been forced to remove all sexually explicit content at this time,” according to a posting on the site. “The owner of the site is being threatened with jail by Polk County, Florida, authorities if any obscene images appear on the site. Since nobody can tell, in advance, whether an image might be found obscene by some judge or jury, we have chosen to remove all explicit content at this time.”
Defense lawyers had planned to raise numerous issues involving obscenity law, the First Amendment and community standards at the bail revocation hearing.
Derek Brett, in court representing Wilson, said defense lawyers would need at least half a day to make their case.
They wanted to call expert witnesses, including a college professor and a private investigator, and they wanted the judge to consider numerous issues before revoking Wilson’s bail, according to Brett.
Among the issues they wanted considered at the bail revocation hearing were whether the state’s attempt to force Wilson to cease publication of his Web site, under threat of having his bail revoked, is a prior restraint of free speech, and whether the State Attorney can regulate conduct occurring outside the boundaries of the local circuit (since Wilson has moved to Orange County).
Brett said his law firm had done a nationwide search and hadn’t found any other instances in which defendants’ bail was revoked because they continued posting materials on a Web site.
Durrance didn’t indicate Monday whether he would allow the defense lawyers more than 30 minutes to present their case.
“It appears to me that what the defense wants is a full trial,” Assistant State Attorney Brad Copley said.
Copley said that there was adequate time for the motion to be heard on Friday.
“The 30-minute time reservation is well within the customary time allotted for such matters in other, more serious cases,” Copley said in the state’s objection to the request for a continuance.
Wilson is currently free on $151,000 bail. His family paid $30,000 to a bail bondsman after his Oct. 7 arrest.
The State Attorney’s Office is asking that Wilson be held in pre-trial detention until his trial. A trial date has not yet been set.
