Kansas- What some might view as a setback on the campaign against pornography shops in Kansas is only one inning in the game, Abilene resident Phil Cosby said Saturday.
Some community somewhere in the state is eventually going to get its case on obscenity to an appellate court.
"It's inevitable that someone is going to hit (the issue) out of the park, and we'll be headed to the Supreme Court again. I wouldn't be putting so much energy into this if I didn't believe in that," Cosby said, a day after a grand jury determined not to bring any charges against two Salina stores.
Behind Closed Doors, 768 N. Broadway, and Priscilla's, 2144 Planet, had been accused by opponents of promoting obscenity. Those opponents gathered enough signatures to convene a grand jury to investigate and consider criminal indictments against the businesses. The grand jury convened about three weeks ago.
On Saturday, Saline County Attorney Ellen Mitchell said she did what the grand jury asked her to do as far as their investigation but she did not participate in the jury's deliberations. The jury met several times, and she was not always present.
She had no other comment on the case other than to say she was not considering filing charges on her own against the businesses.
"We'll wait and see what happens in the others," she said, referring to cases in the courts already pending against adult novelty and video stores in Abilene and Ellsworth.
Cosby stopped short Saturday of suggesting Mitchell's influence had any effect on the grand jury's decision. But in a written statement, he said, "It is no secret that the county attorney, Ellen Mitchell, the legal guide behind those closed grand jury doors, and I have differing views on the dangers of pornography and obscenity."
