Stagliano Trial Jury Selected

Jul 12, 2010 3:00 PM PST
WASHINGTON — The jury was seated in the obscenity trial of John Stagliano on Monday, with opening arguments in the case set to begin tomorrow at 10:45 a.m.

The racial make-up of the jury is 10 blacks and two whites, with the gender lines breaking down to five men and seven women.

Two alternate jurors were also seated, a white man and a black woman.

Judge Richard J. Leon also told the defense team that he was not going to allow them to show the jury the entirety of the two films in question, totaling five-and-a-half hours of footage.

Leon indicated he would give them a more substantial ruling, including his reasoning, about the defense’s motion soon, but that he didn’t want the defense to make promises to the jury in their opening arguments that they would not be able to keep.

“I didn’t want you to get caught by surprise,” Leon said to the defense team.

Defense attorney H. Louis Sirkin told the judge he would like to enter an objection on the record to the judge’s decision.

Prosecutors have indicated they intend to show the jury approximately half-an-hour of footage from each film, "Milk Nymphos" and "Storm Squirters 2," plus the eight-minute trailer to "Fetish Fanatic 5."

Leon said he will permit the defense to play portions of the two films not shown by the prosecutors, but in terms of how much and which portions, he has not yet ruled.

Before excusing the jury around 5 p.m., Leon admonished them not to talk to anyone about the case, or, under threat of contempt of court, to read or listen to any media accounts about the trial.

After the jury was excused, lead prosecutor Pamela Stever Satterfield asked Leon if tomorrow, as part of his instructions to the jury, he would explain and instruct them on the Miller test of obscenity. Leon said he would not, although he likely will in his final instructions to them before they deliberate on the case.

Throughout the afternoon's court session, 14 potential jurors were excused in pre-emptive challenges by the defense and prosecutors.

During pre-emptive challenges, lawyers do not need to provide a reason for striking a potential juror. Two men, one white and one black, were excused as potential jurors, as were seven black women and five white women.

In the afternoon session seated in the audience of the courtroom was the director of "Storm Squirters 2," Joey Silvera, industry attorney J.D. Obenberger as well as John Stagliano’s wife, Karen Stagliano.

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