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Attorneys Argue Case in Mapplethorpe Trial : Obscenity: Defense lawyers tell jurors that art is not always pleasing. Prosecutors say the pictures are simply obscene.

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From Associated Press

Art is not always pleasing to the eye, a defense attorney told jurors today as the Mapplethorpe obscenity trial got under way.

The Hamilton County Municipal Court jury heard opening statements from attorneys after briefly touring the Contemporary Arts Center, where an exhibit of photographs by the late Robert Mapplethorpe in April prompted obscenity indictments against the gallery and its director, Dennis Barrie.

“There was controversy, but there was only one intent and purpose--to add to the cultural enhancement of the citizens,” said H. Louis Sirkin, who is representing Barrie.

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The gallery and Barrie are charged with pandering obscenity and using children in nudity-related material. The charges stem from seven photographs included in the 175-photo exhibit.

Attorneys had differing views on the focus of the trial.

“The state’s case is, in some respects, very simple,” Hamilton County prosecutor Frank Prouty said. “The pictures are the state’s case. The issue is not the First Amendment. The issue is obscenity.”

Attorney Marc Mezibov, who represents the gallery, told jurors to look beyond those issues.

“This is not about photographs. It is about people,” he said.

The exhibit of 175 photographs, “Robert Mapplethorpe: The Perfect Moment,” closed at the gallery May 26. It is on display in Boston.

Completion of jury selection Thursday cleared the way for the trial to begin today after the gallery tour, which had been requested by the defense.

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