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From: A Customer During Trial 01
Subject: Elyse Metcalf
Date: Tue, 15 May 2001
Den,
I've enjoyd your coverage of the Elyse Metcalf obscenity trial. I read with
interest the Cincinnati Sunday newspaper article on pornography that you
mentioned. You were right, it does present a fair and rationale picture of
the issue. Hard to believe that the Cincinnati metropolitan area is so
consumed with the matter of whether something is obscene. I conducted an
archive search of Cincinnati newspapers and found far too many articles and
editorials on the subject for my taste. Aside from child pornography, which
should be rigorously prosecuted, I don't see the point in going after book
store and video store owners. While I am sure that much of what is
available is tasteless and offensive, as evidenced by a number of your own
reviews (especially those regarding violence against women), people are
clearly free to avoid it. Looking forward to your continued review of the
trial.
xxxxxxxx
Elyse: Violence against women in movies is a very sensitive
subject. We can look at A Clockwork Orange and the
current mainstream movie Traffic, among others, to
see depictions of real yet eroticized depictions of
real violence against women. In adult movies, 'violence'
against women that portray consenual sex play is a
different matter altogether. There are also adult
movies which depict 'play violence' against men.
I do not carry movies which depict real violence
against women or men.
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Date: Wed May 16, 2001 During Trial 02
To: Kitty Foxx
From: Den
Subject: Cincinnati Trial
Aged to Perfection#15 tape on trial!
Check out: http://www.cavr.com/trial.htm
Check back on Thursday and see if you are 'illegal'
What a crock of s...
They played your tape for the jury and I sat and watched
them watching you.
Thanks,
Den
>Hi Den,
>
>Thanks for the URL on the "Kitty Foxx" tape (Aged To Perfection #15).
>I guess I'm just a naughty girl ;-)
>
>Kitty Foxx
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Date: Fri, 18 May 2001 During Trial 03
From: A Customer
Subject: Elyse's trial
Den,
Where can I read your coverage? I've caught bits and pieces but I think
you'd provide a bit more detail and insight. I'd like to learn more about
the case and the specific issues.
Thanks in advance,
Scott
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From: A Customer During Trial 04
Subject: Trial
Date: Sun, 20 May 2001
Your coverage is just great! We need to be awakened to the danger
from religious bigots, because that's where this kind of thing
originates. Some influential, probably fundamentalist, person
brings pressure of the city administration to crack down on filth,
or else. The or else is "no campaign contributions."
Most of the folks that I work around are either neutral about porn,
or they admit that they watch it. People just accept it--except
the religious blue noses. And some female law professors. So the
pressure to crack down is probably not coming from Joe Citizen.
Most folks would support Elyse's right to sell adult stuff--
to adults.
Maybe this kind of thing should be put on a ballot.
I sympathize with Elyse, but I feel that those of us who are lovers
of porn, are operating in a period in time during which the sex
police are going after porn shops. 4 of them have been closed around
here in the last year. At the same time, the number of tapes has
become overwhelming!
One place I go to has tapes piled up on the floors, because there
isn't any room on the shelves. Something has got to give.
"Filth." Is that a legal term? Oh yeah, I know filth when I see it.
Right?
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Date: Sun, 20 May 2001 During Trial 05
Subject: Trial
From: Batteries Not Included
Richard Freeman
Dear Den,
All porn trials are absurd - that a government could arrest someone for
sex is ridiculous - and that some college prof. would say that there are
redeeming features to Aged To Perfection films (which I have never given
more than * reviews to), is almost as preposterous.
I would hope that Elyse will get off on this, though juries are never
sure things - but until porn watchers are ready to riot & burn down that
city, nothing is going to stop the government down there from acting like
the assholes they assuredly are, individually & collectively.
Yours,
Dick
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Date: Sun, 20 May 2001 During Trial 06
From: Mike South
Subject: Trial
hey Den,
I always basically try to do what the lawyers say, as for the
gossip cols and whatnot, you will notice I have been quiet about any
specifics and choose instead to focus on the fact that the FSC hasn't
done anything to help, and to address Elyses case only in the most
general terms. But it has drawn attention....
There is NOTHING I want more for Elyse than an acquittal. I am sure
her stress level is quite high and I know she will be glad when it's
all over.
Should be back up in Dayton relatively soon....see ya then bro.
South
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Date: Sun, 20 May 2001 During Trial 07
Subject: Trial
Where are all those civil rights organizations that usually step up to
the plate whenever first amendment rights are called into question?
Doesn't the adult movie industry have an organization that fights these
type of battles (the film, music industry have such organizations,
lawyers have one, doctors have one, etc).
It is rare that such issues make headlines here in Canada. There is a
criminal code (a federal statute) that applies right across the country.
We don't have "community standards" as in the case of the US which makes
different laws for different places across the country. Obscenity trials
are rather rare. The last one that received national attention earlier
this year had to do with an elderly man that was charged with possession
of kiddie porn. I don't remember the particulars, but I think to some
extent he used to write stories involving underage characters.
The issue was whether such fantasies were private thoughts that were
protected by free speech. I don't recall the outcome of the trial,
except to say that the Superior Court handed a ruling that pretty well
afirmed that possession of kiddie porn was illegal.
By and large the government and police stay away from obscenity cases
involving sexual acts between conenting adults. I think it goes back a
famous pronouncement by former and recently deceased former prime
minister Pierre Trudeau who said the government had no buiness in the
bedroom of consenting adults. In Quebec we have a Cinema Advisory Board
that reviews all theatrical films and videos, and they are given a visa.
Once a visa has been given that's it.
I can't recall a case in the past 20 years or so where authorities have
tried a case involving a film or video that was already rated. Even though
the Canadian Crimnal Code did not allow visual display of sexual activity
in magazined, films and video form, the province of Quebec quietly and
without much fanfare allowed such stuff to circulate in the early 1980's.
Some provinces in Canada are more progressive than others (Quebec was a
pioneer in cinema and video, followed by British Columbia and Ontario).
For a year now (which I have already reported to you) we actually are
allowed to see solitary pissing (no pissing over the body of another
person) and anal and vaginal fisting. So we have progressed pretty far
in the past 20 years (many parts of the US fisting videos are not
available, even interracial videos are not allowed in some parts of
the US).
The only thing that is not allowed here is bestiality and kiddie porn
(in addition to scat, violent activity such as S/M and other bizarre
activity which may be considered as dehumanizing). Video in the early
1980's and the internet in the late 1990's has changed the way people
have access to sexual matters.
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Date: Mon, 21 May 2001 After Trial 08
Subject: Trial
Congrats on Elyse's victory over the Cin City Control Group!
Yours,
Dick Freeman
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Date: Mon, 21 May 2001 After Trial 09
From: Goddess
Subject: Phew!
Den, can you tell me Elyse's email addy? I lost it and I want to send her
my congratulations.....great news, huh?! Are you going to write anything
on the story now?
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Date: Mon, 21 May 2001 After Trial 10
From: Kitty Foxx
Subject: YEA!
I guess Elyse is elated by now! I'm extremely pleased that
cooler heads prevailed for the verdict in her trial.
BTW, what is the problem with the prosecuter and the police
in Cincinnati anyway?
Kitty Foxx
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Date: Mon, 21 May 2001 After Trial 11
From: J.C.
Subject: Trial
Glad to hear the good news. It doesn't prevent this from continuing
however. An important statement in this article is where the tip or the
investigation started from and it not being by any citizen. Legend had the
FBI on their door Friday morning. They came in and took some boxes, reason
for appearance being a mail order to another state. Seymore Butt's was the
first event. The momentum has begun. Rounds are being made. May the
belief in our 1st Amendment Rights as citizens and those who comprise
juries win out.
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Date: May 21, 2001 After Trial 12
Subject: Trial
Sorry Den,
For not being up to speed on these recent developments. Was busy with
other things. I did read Mike South's exchanges at RAME with someone
(lawyer) who represented the FSC.
Sad, that the FSC did not consider this case worthy of their support.
I see why Mike South has no kind words for this organization. I have
read you trial postings now and I pleased Elyse was acquitted of those
ridiculous charges.
Imagine getting charged for selling a Jeff Stryker gay film. I mean,
doesn't the police in Cincinnati have anything better to do, than waste
taxholder's time and money with such silly nonsense?
I was just shooting off my mouth in my previous e-mail. I don't think I
said anything really important. However if you think it has merit, go
ahead and use it (as long as you remove any reference to my name and
e-mail address).
I hope you get some well-deserved rest now.
Monday 8:40 PM
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Date: Mon, 21 May 2001 After Trial 13
From: A Customer
Subject: Confusion?
I just read Dirty Bob's post on Tod Hunter and I am confused.
He reports that she was charged with 3 counts on tapes and 3
counts on box covers. You said she was found not guilty on
only 3 counts. What about the boxcovers?
I think Dirty Bob is mixing up number of counts and the
number of exhibits.
Count 1 Pandering - Aged to Perfection #15 tape
Count 2 Pandering - Jeff Stryker's Underground tape
Count 3 Pandering - Gangland #17 tape
Exhibit 1 Aged to Perfection #15 tape
Exhibit 2 Aged to Perfection #15 boxcover
Exhibit 3 Jeff Stryker's Underground tape
Exhibit 4 Jeff Stryker's Underground boxcover
Exhibit 5 Gangland #17 tape
Exhibit 6 Gangland #17 boxcover
Exhibit 7 Dirty Bob's Porn Star Fund Raiser flyer
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Date: Tue, 22 May 2001 After Trial 14
Subject: Trial
From: Felicia Fox
We're both thrilled that she was acquited...sweet lady.
Nice job on the reportage on CAVR...
Tim and Felicia
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Date: Tue, 22 May 2001 After Trial 15
Subject: Elyse on WLW
Just heard E. on WLW - she sounded quite good, after the ordeal.
Reaffirmed, in fact, in what she was doing, & why.
I do hope our Attorney Genenral pays attention to this trial,
as if you can't get a conviction for porn in Cin City, where can you?
Yours,
Dick Freeman
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From: Adult Movie FAQ After Trial 16
Date: Tue, 22 May 2001
Subject: Trial
Nice work on the site. I wish I knew it was there while the trial was on!
I'm glad to see that 12 citizens have their heads on straight and
realize the first amendment protects a great many things... I can't
belive the prosecutors went with such bush league material. if
they wanted a conviction, why didn't they buy a copy of Slap
Happy from her? ;-)
All bests,
http://www.rame.net/faq
http://www.iafd.com
============================================================================
From: Marc After Trial 17
Subject: Trial
Date: Tue, 22 May 2001
Nice work, I was able to get the whole story in under 20 clicks, and
it is very to the point.
I now understand just how serious this case was, you did well..
Congrats :)
Thanx
Marc (Director/Videographer)
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From: A Fan After Trial 18
Subject: Trial
Date: Tue, 22 May 2001
Thanks for sending this along, xxxxx was telling me about this, I am
trying to understand the gist of it now. This stuff really gives me
a bad feeling in my stomach. This local bust kind of frayed my
nerves too.
Thanks for the info, I think coverage like this is really a good thing,
otherwise we wouldn't know what's happening.
============================================================================
From: A Customer After Trial 19
Subject: Obscenity Trial
Date: Tue, 22 May 2001
Glad to here Ms. Metcalf was acquitted of the obscenity charges. Your
coverage was concise and informative. It may be, however, a win one,
lose one situation for first amendment advocates.
I saw a legal news article regarding the US Supreme Court's decision to
hear arguments later this term on the constitutionality of the federal
statute limiting internet access to adult materials in order to protect
exposure to children. A circuit court of appeals had denied enforcement
of the statute as too prohibitive of the rights of individuals to access
the internet.
The Supreme Court, however agreed to reconsider the matter in the case
of ASHCROFT V. ACLU. It is difficult to predict which way the court will
come down on this issue. First Amendment questions don't necessarily
follow the conservative vs. liberal leanings of the justices.
The court's decision could have a serious impact on the internet.
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Date: May 22, 2001 After Trial 20
Subject: Hustler Buys Store in Cincinnati
Hustler announced, on the same day that the jury came back with
3 Not Guilty's in Elyse Metcalf's obscenity trial, that it
purchased property in downtown Cincinnati, OH.
============================================================================
From: A Customer After Trial 21
Date: Tue, 22 May 2001
Subject: Verdict...
Just wanted to ask the question, What was the point?
Can't see why these folks (the city government) would bring a case
to court when they had NO case.
Oh well, tax payers money at work.
Thanks for staying on top of this.
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From: Bonnett's Book Store After Trail 22
Subject: What were they thinking?
Date: Wed, 23 May 2001
What has Cincinnati gained by terrifying a corner of Over-the-Rhine
with a daytime raid of a quiet little book shop as if it were the
headquarters of Saddam Hussein? It seems the true terrorists in this
case are the thought police in Cincinnati! Let's not assume thought
police to mean the Cincinnati Police themselves. They are just doing
their jobs. Someone else pulls the strings. They're stuck in the
middle of the politics of Cincinnati like the rest of the city's people.
It's too bad that Cincinnati's thought police seem to thrive on
embarassment. Flynt, Mapplethorpe, and now Metcalf have all shown the
foolishness of the these people to the world. It looks like the people
of Cincinnati will just have to wait out the current regime and hope
for sensible leadership in the future.
Congratulations to Elyse Metcalf of Elyse's Passion for choosing to
fight and help pave the path to freedom for everyone.
Thank you to H. Louis Sirkin & Jennifer M. Kinsley for ably defending
Ms. Metcalf.
Bonnett's Book Store
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From: Muscular After Trial 23
Date: Wed May 23, 2001
Subject: Cincy Porn Trial
Do plan to, thanks for the notice, though.
My email to Mannet.com, 'When are you going to report on this?'
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From: Eye-On-You After Trial 24
Subject: Trial
Date: Wed, 23 May 2001
GREAT JOB It is nice to know that you are keeping us abreast of things
that we are all very interested in.
I'm sure glad it worked out that way. I know she had to be under alot
of stress.........
Way to stand up for your rights Elyse and good luck.
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From: A Overseas Customer After Trial 25
Date: Thu, 24 May 2001
Subject: Trial about what
I looked at www.cavr.com/trial and read pretty much all that's on
there. I can't find WHAT the charges are, I know there were three...
Besides which, isn't special-ordering a tape 'entrapment' ??
(it should be, it's like ordering a rotten apple from a foodstore and
then complain when it IS rotten)
Weird country.
Frans
Den: Sorry, the charges - Pandering Obscenity
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From: A CAVR Customer After Trial 26
To: Elyse's Passion
Cc: Den
Subject: Free Speech Trial
Date: Wed, 23 May 2001
I read of your trial on Den's web site cavr.com.
I wish to thank you for defending my free speech rights, as well as yours
and everyone else's. Efforts like yours benefit each and every one of us.
I have sent a check for $500 towards legal expenses. Thanks again for
fighting for all of us.
============================================================================
From: K After Trial 27
Subject: CAVR Coverage
Date: Thu, 24 May 2001
I think your coverage is well organized and to the point. You
editorialize a little, but not toooo bad. You got lots of positive
feedback and some of it was quite interesting.
Hope she gets lots of donations and they help to defray her attorney
fees. Any chance she can file suit against the city for wrongful
arrest? THAT would stop all this bullshit.
The city has deeper pockets than Elyse and they can nail her time and
again until they run her out of business. Just on the economics, not
the principle.
I plan to make a donation and will certainly be willing to sign my
name on the check. If the po-lice want to know why, I will not be
afraid to tell them.
Interesting that Hustler has bought property downtown. Now they must
think it is safe?
And ManNnet.com is going to do an article.
Den, this was NOT a gay issue anymore than a hetero issue.
It is a first amendment issue. Period. They may have simply felt
it was another small town witch hunt. And they would've been
pretty close to accurate.
Cincy is a small minded town that periodically goes through these
morality plays to make themselves feel good and better than the
"sinners". Ohio should cede it to China as they are the other mind
control group going for the Olympics.
Good job.
============================================================================
From: A Video Company Publicist After Trial 28
Date: Thu 05/24/2001
Subject: Elyse
No names please, but I sent Elyse $50.00 from my own pocket.
She is a HERO!
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Date: 24 May 2001 After Trial 29
From: A Director
Subject: Trial
Nice coverage of the Cincinnati obscenity trial; very interesting
reading. Too bad FSC didn't see fit to help out. I never had any
particular opinion about them them until now, but reading what you
had to say makes me think Mike South may be right.
============================================================================
From: Marketing Manager - Major Company After Trial 30
Date: Thu, 24 May 2001
Subject: Trial
Hey, thanks for the info. I'm kind of out of the loop on the whole
trial, but thanks for keeping us informed.
Have a great weekend,
xxxxxxxx
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From: Friend at Video Store After Trial 31
Date: Fri, 25 May 2001
Subject: Trial
Good news!
This guy rents tapes where I rent and he does not have a computer.
Gave me $5.00 to send to Elyse. Not that it matters, but he is black.
We gave good people in Dayton!
============================================================================
From: Video Company After Trial 32
Subject: Trial
Date: Fri, 25 May 2001
Did she really get clobbered in the bill department? There is a
brutal 40 hours of trial time!
The cost would kill me, but it seems survivable (how bitter one
must feel even after winning with all that expense just to justify
your right to make living).
Would you do me a HUGE favor. If you EVER come across the material,
would you send me copies of the court transcripts?
I'd really like to read more about how the lawyer presented the flash
light angle and also how he addressed the other community-level
influences that were NOT factored in (per your notes).
Between you and I, YOU should know this better than anyone, I suspect
these FSC and what-not organizations (I even have paid these various
attornies representing them money in the past for opinions) are
primarily funded by single companies or individuals.
I would not want to make any kind of slanderous suggestion, but let's
face it, you and I and Elyse are SMALL time, we gotta stick together.
What IS un-nerving to me is this recent Legend related bust. It's almost
ironic, I was joking a while back that the people who try to bail out are
going to be the first ones to go down in the initial feeding frenzy.
I guess I'd rather be tried in LA than anywhere else, but ... sheesh.
Wish her all my best, Den, and let her know, even though it's nothing to
write home about, she has a friend out here! Let me know if I can do
anything to help! Quite honestly, I am wondering if I have a set of those
days, similar to the one's Elyse just went through, ahead of me.
============================================================================
From: Cleveland Don After Trial 33
Date: Sat, 26 May 2001
Subject: Trial
Amazing! I am impressed that you won.
You beat Cincinnati Hall!
============================================================================
From: Tom After Trial 34
Subject: Trial
Date: Wed, 30 May 2001
It is great to see an individual stand up for their rights and be
victorious.
But it also brings up another question. Where are the organizations
and support groups that profess to support an indivduals right civil
liberties and free speech? It looks to me like the groups asking for
donations from the public to support her cause were no where to be seen.
Do you suppose they were afraid of backing a potential loser, or does
there overhead leave to little to cash flow to support a real trial?
In any case I wish her the best, and hope she has a succesful busness.
Tom
============================================================================
Date: Wed, 30 May 2001 After Trial 35
From: A Major Adult Star
Subject: CAVR Members
Hey Den;
How are you? I have been reading your coverage on the trial.
Crazy stuff!
Always Nasty, Alana
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From Jan B. After Trial 36
Date: Fri, 15 Jun 2001
Subject: Trial
WOW DIDN'T KNOW ANYTHING ABOUT IT.
Good for her, glad she won the case.
Take care,
Mike and Jani
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Date: Mon, 09 Jul 2001 After Trail 37
Thank you for your coverage of the Elyse's Passion trial. I don't know
how I came across the link to your trial pages, but I devoured all the
pages that you wrote. I was not even aware of the trial. You see, I
don't buy the Cincinnati Enquirer.
I will make a point to visit her store the next time I am downtown,
thanks to your coverage.
Dan
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Trial