Quite busy with work at the moment, but there’s something I must direct your attention to… via ComiPress, Lawrence A Stanley has written an eye-opening article on the Christopher Handley and Dwight Whorley cases including never before seen details, such as a particularly astonishing excerpt from a report by Christopher Handley’s pre-trial officer that seems to suggest the government believes a Gothic Lolita fashion magazine and website Anime News Network contain “material that represents the sexual abuse of children.” An absolute must-read.
Edit: MangaBlog has additional commentary.
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I dunno if Lawrence Stanley is really “ComiPress’,” as far as I can tell he is probably a child pornography lawyer (and someone who has been charged with child pornograhpy himself). I couldn’t determine if he’s actually involved in the case or not.
That said, his legal arguments seem sound, and man, that report IS horrific, isn’t it? I mean, the Gothic and Lolita Bible? GaoGaiGar? Yeesh.
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I’m going to assume it’s the same guy…
But if my ability to reason has taught me anything it’s that a criminal can still make a valid point.
I’ve not bothered to do a giant article on the trials for those two guys, but I should. A large part of the problem is this pervasive idea that the kids are being hurt by this stuff existing. You’ve got a single insane housewife on the jury and it doesn’t matter.
Fuck, it’s even worse for Handley. He’s never touched a kid or looked at child porn, but try explaining that to Nigger Jim and White Trash McCoy in cellblock C. That dog won’t hunt, man.
HE HASN’T EVEN DONE ANYTHING. FUUUUUCK SAKE. Oh well. Looks like I’m going to have to start committing terrorist acts.
I KNOW YOU’LL BACK MY PLAY, SIMON! LET’S BURN THIS MOTHERFUCKER DOWN!
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I was wondering what does this mean for suehiro maruo works & other stuff in the uziga line of stuff ?
Also simon have you forgotten about afterschool sex club by tuna empire maybe he had that in his evidence thing as well ^.^ since dont exactly know the beastiality titles ^.^;
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A bio of Lawrence Stanley was added to the article :-)
*goes back to hibernation*
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Pingback from MangaBlog » Blog Archive » Thursday miscellany on May 14, 2009 at 4:56 am
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Did anyone catch the reason what Handley is still being prosecuted, dispite not possessing child porn? According to the judge, from the Mangablog article:
“while an individual has a limited right to possess obscene materials in the privacy of his own home, there exists no right to … possess obscene materials that have been moved in interstate commerce”
If this way of thinking is allowed to hold sway, then I could be prosecuted for my Icarus collection, as I ordered it from an online comic shop from another state. That is ridiculous!
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An archaic law made before we started ordering everything over the interweb to avoid taxes.
/me hides his Comic Tenma subscription.
At least my Comic AG 104 I just got is legal!
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Well, Rob, that all depends on a typical citizen’s idea of what is obscene now doesn’t it?
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@ Jeff Flowers
It was clear since the time they searched Handley’s house in 2006 that he doesn’t have child porn. He’s being persecuted for “obscene” drawings of characters that appear to be minor.
In short, you’re allowed to possess obscenity, but you’re not allowed to import or transport it from one state to another. You’re also not allowed to download obscene drawings (at least from outside of your state).
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00001466—A000-.html-
Violating ordinary obscenity laws gives you an arbitrary amount of jail time, and may just result in a simple fine or warning. What 1466A “adds on” is a minimum of 5+ years of jail time for obscenity with depictions of minors.
I’m guessing it’s hard (ordinarily) for the government to prosecute obscenity cases, unless you’re living in a pretty conservative place, since the government can’t convict you unless it can prove the 3-prong obscenity qualification, which requires the consensus of a jury.
Against corporations, it’s easy. Corporations want to avoid costly litigation. Hence why Icarus is too chickenshit to publish anything loli. And thus the government can effectively control what gets produced in its borders.
In the case of Mr Handley, the government needs to do more than intimidate. It must really think it can convict him. Perhaps it’s because he’s in rural Iowa? Sounds like he’s pretty close to pleading guilty. A guilty plea would be unfortunate.
I wonder if I’m safe here on the West Coast?
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This whole case makes me sick.
After getting to know Chris and talking with him and learning about the whole matter… it just scares me to think if I have to ask myself if the next dvd I buy… the next graphic novel I buy… legally as far as I can tell would wind up netting me a felony charge. Crazy….
While I don’t feel comfortable saying much but I really wish his attorney would actually feel like there was a chance of winning this case. I dunno… when even your attorney suggests that a person take a plea bargain (with idea of what sentence you will receive its no minimum to several years in jail and ADMITTING what you did was wrong and NEVER able to go back and reconsider) things are seriously fucked up in my eyes.
6 days until Friday… *sigh*
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@justice what exactly was the whole thing he ordered that caused this to begin since so far I’ve heard its loli,yoai but no concrete until the editorial but can you give a concrete answer on what got him into hot water to begin with or would it even matter if the titles werent ero to begin with?
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@hirohisa4president – To be honest I’ve never asked him on what exact titles got the Postal Inspector to flip out on him. I allow him to tell me what he feels comfortable with telling me and I try to give some insight and my thoughts about the situation as we talk about various things when he stops by my store.
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since he is only being charged with obscene materials how would that be a felony & not something thats a misdemenour since felonies are for the major crimes like murder/tax fraud/etc that has a victim while reading a book harms who exactly??
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Didn’t you know that corrupting yourself with outlandish (& out-state-ish) smut is one of the most atrocious crimes against your local community?
http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00001466—A000-.html
http://forums.gotwoot.net/showthread.php?p=427331#post427331
http://blog.newsarama.com/2008/12/23/comics-child-porn-and-the-law/
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but local isnt federal but state issue ^.^;
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Obscenity: Federal Crimes, Local Standards
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