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"I'm thinking of reconsidering my earlier ruling," the judge said, after just having watched Catalina and Taylor Rain sucking Max's cock, deep-throating it, getting fucked in the ass and being peed upon.



"I think it would be very difficult for the jury to sit through five of these," she opined, adding that she was considering reneging on her statement at the start of the proceedings today, that she would urge the prosecution to play all of the charged videos in their entirety.



In so stating, the judge said that she was mindful of the Miller test's requirement that the videos in question be "taken as a whole," and she said that she thought it would be a bad idea for the prosecution to play just excerpts from the videos, and then have the defense play those same videos in their entirety, because she felt the jury should not have to sit through playing of any of the material twice.



<snip>



The implications of the failure to play all of the charged footage are enormous, and it was clear that the prosecution now faces a dilemma. If it elects, as it has previously promised, to play simply excerpts from the charged material, such a practice would appear to render the jury unable to make a judgment on the material "taken as a whole," while if it does play the full eight-and-a-half hours of material, not including extras, it runs the risk of either offending the jury's sensibilities or putting it to sleep.



In any case, tomorrow may be a crucial day in the trial of Max Hardcore.



After the proceedings concluded for the day, Hardcore stated that he was confident that he would be vindicated by the end of the trial, and that he was defending his material not only for himself, but for everyone who produces sexually-explicit content.



"I'm standing tall because I know I'm in the right," he said. "I'm facing down the government because they have no right to tell the American people what they can watch in their own homes that's made by consenting adults, with consenting adults and for consenting adults."




Sounds like the judge just wants to get this case the hell out of her courtroom and let the Eleventh Circuit deal with it.


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Hmmm, wonder what they could say besides that they carry his product, makes me re-think about buying anything from them, they could have stone walled them and waited for a subpoena.



I seem to recall reading that the Government made them an offer they couldn't refuse: Testify against Max or face trial with him.


Edited by Jim B. (05/28/08 06:17 PM)