Trial Begins in U.S. Pornography Case

A Hollywood man who earned a living selling videotapes that were “shocking and offensive” should be acquitted of federal pornography charges because the films were not legally obscene, his lawyer said Tuesday.

Gary Jerome Levinson, who was fined $14,000 and sentenced to six months in jail for state pornography offenses earlier this month, is charged with three counts of sending obscene materials through the U.S. mail.

Levinson, 38, was scheduled to plead guilty to two of the federal charges Friday, but he disappeared and a bench warrant was issued for his arrest.

His chair was empty Tuesday as the jury trial began in Los Angeles before U.S. District Judge Laughlin Waters.

Defense attorney William Graysen told jurors that Levinson cannot be convicted because the government has not proved the tapes were obscene. Obscene materials are usually those deemed to appeal to prurient interests, depict sexual activity in an offensive way and lack serious artistic, scientific, literary or political value.

“In spite of the shocking, offensive nature of the material, it does not violate community standards,” Graysen told the jury. “The community standards are broad and tolerant and include a wide scope of materials.”

Levinson is charged with mailing two videotapes and a catalogue called “The World’s Most Explicit Sex Catalog” to an undercover postal inspector in November, 1987.

The agent, Michael Beaugh, sent for the materials using a post office box and a false name after a citizen complained about having received a catalogue in the mail, Assistant U.S. Attorney Ronni MacLaren told the jury.

Beaugh paid $233 for the catalogue and two videos: “E-27,” which depicts bestiality, and “Dr. Bizarro,” which shows incest, rape and sadomasochism, MacLaren said.

Jurors were expected to view the tapes Wednesday morning.

Graysen said Levinson’s business, Fisher Publications, used only adults in its films and forced no one to commit illegal acts.

“ ‘Dr. Bizarro’ does contain scenes of sadism and masochism but these are actors,” he said. “You are not viewing scenes of criminal activity.”