STAUNTON, Virginia — High-profile obscenity attorney Paul Cambria Jr. will be allowed to serve as co-counsel in an obscenity case that has ensnared the owner of After Hours Video, Judge Humes J. Franklin Jr. ruled Tuesday.
Rick Krial and his company, LSP of Virginia, were indicted Nov. 1 on 16 felony and eight misdemeanor charges of obscenity in connection with 12 DVDs purchased by undercover agents in October at the Springhill Road store.
In an effort to bar Cambria from representing Krial, Staunton prosecutor Raymond C. Robertson argued that the Buffalo-based attorney’s presence in the case creates a conflict of interest. Robertson said Cambria has represented Larry Flynt and other distributors of adult videos, companies the prosecutor wanted Krial to testify against in exchange for a plea deal.
Krial and his attorney, Tate Love, rejected the offer and then filed a motion to allow Cambria to come on board as co-counsel, prompting Tuesday’s hearing. Robertson argued that Cambria’s loyalty to distributors and producers of adult video content would hinder Krial’s defense, making it subject to appeal.
“How can he possibly serve two masters?” Robertson said.
The prosecutor also argued that Cambria is being paid by a third party with adult industry interests and not by Krial himself, giving the defendant another argument for appeal if convicted.
Robertson, though, offered no evidence for such an arrangement.
“I can’t deal in speculation,” Franklin said. “I’ve got to deal in hard facts.”
Love denied any third-party arrangements. He said if Cambria were denied to serve as co-counsel for Krial, “That would seem to me to create a much bigger appealable issue.”
Cambria reiterated the point that there is no third-party involvement, and addressed the issue of a possible conflict of interest because of his legal connections to the adult entertainment industry.
“We have no divided loyalties here, your honor,” Cambria said.
Following the court hearing, Robertson said he was prepared to go up against Cambria, labeling him a top-flight attorney in the process.
“I’m pretty comfortable,” he said.
Speaking to reporters, it was mentioned to Cambria that he is a staunch proponent of First Amendment rights. Cambria responded, “I’m a real proponent of defending my client.”
Cambria said he holds no ill will toward Robertson for trying to keep him at bay.
“I don’t fault the prosecutor for trying to gain any advantage he can,” he said.
Krial declined comment.