A federal judge has dismissed the obscenity case against John Stagliano, ruling that the government failed to meet its burden of proof on any of the charges. The decision by U.S. District Judge Richard Leon brings an end to a case that began in 2008.

Case Dismissal and Judicial Admonishment

On July 16, 2010, U.S. District Judge Richard Leon ruled that the government did not meet the burden of proof on evidence for any of the eight charges against John Stagliano. Judge Leon admonished prosecutors for their efforts, stating, “I trust that the government will learn a lesson when going forward.” He also noted that “The myriad of novel legal issues that have bubbled up in this case will continue to pop up around the country.”

Leon found no evidence that either of the two corporate entities involved had direct ties to the charges, nor that Stagliano himself had direct links to the videos he was charged with. While circumstantial evidence was presented, Leon ruled it insufficient for a jury to find guilt beyond a reasonable doubt. The courtroom reportedly erupted into applause after the judge read his ruling and dismissed the jury.

The dismissal occurred on the defense team’s Rule 29 motion at the end of the government’s case. The proceedings came to a halt when the government’s star witness, an FBI agent, impeached his own credibility, which reportedly called the judge’s and prosecutor’s credibility into question. From that point, the government could not surmount its burden of proof.

Outside the courtroom, Stagliano commented that he was “disappointed,” adding, “[The government] didn’t put up much of a fight.” He further stated, “They were sloppy and not passionate and doing the prosecution for the wrong reasons,” and that “karma is important.”

Defense Team's Response and Broader Implications

The defense team praised each other for their collective effort. Paul Cambria, an attorney for Stagliano, told XBIZ that the Evil Angel founder was “one of the nicest guys I’ve ever met, in or out of the business.” Cambria compared Stagliano to other clients he has worked with, such as Larry Flynt and Reuben Sturman, stating that Stagliano, like them, is a “true devotee of the 1st Amendment." Cambria added, "They don’t hide behind it, they stand in front of it." Another Stagliano attorney mentioned was Louis S. The defense team included H. Louis Sirkin, lead counsel for John Stagliano Inc., Paul Cambria Jr., lead counsel for Stagliano, solo practitioner Allan Gelbard, who represented Evil Angel Productions, and Davis Wright Tremaine partner Robert Corn-Revere, who served as local counsel.

The case against Stagliano, also known as “Buttman,” accused him of crimes that could have resulted in over 30 years in prison. Despite running Evil Angel for two decades, the case rested upon mere minutes of footage.

The dismissal of the case on a technicality, rather than a First Amendment ruling, means no new precedent has been set regarding obscenity prosecutions. This leaves open the possibility for future obscenity prosecutions, with uncertain outcomes. The question remains whether the Obama administration will prioritize prosecuting pornography as the Bush administration did. During the Bush years, Attorney Generals Ashcroft, Gonzales, and Mukasey made obscenity prosecutions a top priority, leading to an exponential increase in cases based on sexually explicit material. An Obscenity Prosecution Task Force was created in 2005 within the Department of Justice to investigate hardcore pornography. While it was thought that prosecutions would decline under President Barack Obama, neither Attorney General Eric Holder nor President Obama has moved to dismantle the Obscenity Task Force. Holder has stated he will pursue such cases, possibly indicating a continuation of previous administration policies.

Key Facts

  • U.S. District Judge Richard Leon dismissed the obscenity case against John Stagliano on July 16, 2010.
  • The dismissal was based on the government's failure to meet the burden of proof on any of the eight charges.
  • Judge Leon found no direct ties between Stagliano or corporate entities and the charged videos.
  • The defense team included Paul Cambria, H. Louis Sirkin, Allan Gelbard, and Robert Corn-Revere.
  • The case's dismissal on a technicality means no new First Amendment precedent was set for obscenity prosecutions.
  • The Obscenity Prosecution Task Force, created in 2005, remains active under the Obama administration.