Arkansas- From www.thnews.com- The trial for the owners of the Adult World Superstores was backed up a week this morning after prosecutors and defense attorneys agreed to a May 11 trial date. The trial had been scheduled to begin on May 4.

Circuit Judge Richard Proctor presided over a pre-trial hearing this morning during which both sides agreed to the May 11 date after defense attorney John Wesley Hall Jr., presented a motion for continuance, seeking additional time to allow an Ohio attorney to be involved in the case.

After discussing several dates, both sides agreed to hold the trial May 11 through 15 at the St. Francis County Courthouse.

According to the continuance, H. Louis Sirkin of Cincinnati has been selected by Jim and Wayne Philpot as their “counsel of choice.” Hall said Sirkin has been practicing law for 42 years and specializes in First Amendment law, which is an expected argument against the charges of promoting obscene material.

Both sides also agreed to increase the potential jury pool and agreed to question 12 jurors at a time using the jury room for the process. Hall initially asked that three jurors be questioned at a time, but Prosecutor Fletcher Long argued that the process would lead to two days of jury selection instead of just one. Hall said his concern was due to the potential of the jury pool being contaminated if someone in the room blurted out something in regard to their feelings on the case.

According to Long, the prosecution may need as many as three days to present its case, which Long said would include two three-hour videos that were purchased from the store.

During this morning’s hearing, Proctor told both sides that he did not expect to see any additional motions prior to the hearing.

Hall indicated that part of the argument for the defense would revolve around the ability of individuals to receive adult material in their home via television or the Internet and said the defense would argue a portion of state law regarding community standards.

“This is an issue regarding community standards, and one of our points is going to be that this same type of material can be received in a person’s home on [satellite] or they can get it on the Internet for free. So is this a matter of community standards locally, for the state or even on a national level,” said Hall.

Long responded saying, “I think it would be improper for the jury to attempt to determine what may be the community standards anywhere other than St. Francis County. They cannot say what the standard is in Los Angeles, and I cannot argue the standards anywhere else.”

Neither attorney had comments regarding the case following the hearing.

In November, the Philpots, along with R.J.J.W. Enterprises, Inc. and J&W Investments, Inc., were charged with two counts of promoting obscene materials. The charges allege that the two men in their capacity as principal incorporators of the two corporations have violated state law by selling obscene materials from the two stores located near the intersection of Hwy. 38 and Interstate 40 and are the latest in a string of charges filed by Prosecutor Fletcher Long in connection with the businesses.

Employees and members of management have been arrested for selling obscene materials in the past, but the November charges were the first against the corporations and its owners.

Back story: November 18, 2008:The owners of the two Adult World stores in Widener are facing Class D felony charges of promoting obscene material, according to information filed in the St. Francis County Circuit Clerk’s Office.

According to the filings, which were submitted to Circuit Clerk Bette Green’s office on Tuesday, Jim Philpot and Wayne Philpot, along with R.J.J.W. Enterprises, Inc., and J&W Investments, Inc., have been charged with two counts of promoting obscene material. The charges allege that the two men in their capacity as principal incorporators of the two corporations have violated state law by selling obscene materials from the two stores located near the intersection of Hwy. 38 and Interstate 40.

The charges are the latest in a string of charges filed by Prosecutor Fletcher Long in connection with the businesses.

Employees and members of management have been arrested for selling obscene materials in the past, but the charges filed Tuesday were the first against the corporations and its owners.

“We have made cases in the past against the clerks and the manager out there, and for the last year we’ve been investigating the gentlemen who own those businesses,” said Long.

According to County Sheriff Bobby May, neither of the Philpots had been arrested as of this morning.

Long said that while he understands there are some who question the arrests, the issue ultimately comes down to a matter of law.

“I’ve heard the argument that these people are operating a business, and with the tough economic times we’re facing we should just leave them be, but my issue is with the law. If someone was operating a business which sold marijuana or methamphetamine and the times were tough, would they have a problem with it? What is being sold out there is just as illegal as marijuana and methamphetamine, and is no less against the law to promote, sell or possess,” said Long.

Long also said he intends to pursue the charges through to trial.

“That’s my full intention. We’ve made several arrests out there, and there have been several large fines which have been paid, and the message still hasn’t gotten across. There is a legal way to operate an adult business in Arkansas, but the material that is being sold out there doesn’t qualify and is considered obscene. We will prosecute this,” Long said.

Calls were made to both Adult World facilities seeking comment, but neither Jim nor Wayne Philpot were available for comment.