2 Live Crew Trial Opens; Defense Opposes Introduction of Tape

A prosecutor warned a jury of four women and two men Tuesday that they would hear “graphic depictions of sexual conduct . . . violent sex acts, and women being abused . . . “ during the landmark obscenity trial of the controversial rap group 2 Live Crew.

The attorney for band leader Luther Campbell countered that “certainly (the songs) are sexually related, but sex is not verboten in this country. This is not about offending people. This is about a legal test.”

Campbell and two other band members, Mark Ross and Chris Wongwon, face misdemeanor obscenity charges in a case that has raised important legal questions over censorship and cultural values. If convicted, each faces up to a year in prison and fines of up to $1,000.

As the trial opened, the attorneys agreed with Judge June Johnson that observers under 18 should be barred from the courtroom.

Assistant Broward County prosecutor Leslie Robson said he would play a tape recording secretly made by an undercover sheriff’s deputy who attended a June 10 performance by the group at a Hollywood, Fla., nightclub. The microcassette recording was made three days after the group’s album, “As Nasty as They Wanna Be,” was declared obscene by a federal judge.

Before the tape could be played to the jury, however, Bruce Rogow, attorney for Campbell, charged that it had been tampered with and was therefore not admissible as evidence. The tape the prosecution seeks to play for the jury has been digitally enhanced for clarity, and entire verses of some songs have been omitted, Rogow said.

Johnson said she would rule on Rogow’s motion today.

Even if the tape is played, Rogow expressed confidence that prosecutors would be unable to prove that the 2 Live Crew performance appealed to the prurient interests of the average Broward County resident and lacked any serious literary, artistic or political value.

Rogow and Campbell freely admit that the lyrics of the black group’s songs are raunchy, and probably offensive to many. But they also contend that the group has been singled out for prosecution by Broward County Sheriff Nick Navarro. The band and some free-speech advocates contend the prosecution is rooted in whites’ misunderstanding of black culture or animosity toward young blacks.

The day before the band was arrested, Ft. Lauderdale record store owner Charles Freeman was charged with selling an obscene album after an undercover sheriff’s deputy bought a copy of “As Nasty as They Wanna Be.” Two weeks ago an all-white jury found him guilty, marking the first time in U.S. history that anyone has been convicted of selling an obscene musical work. He is to be sentenced Nov. 2.

The jurors in the 2 Live Crew case were picked after six days of questioning. One is black, a 61-year-old woman. The two men, ages 24 and 26, are the youngest. The oldest juror is a 76-year-old woman, a retired sociology professor.

Campbell said Tuesday that the jury “ain’t the group needed for this case, but we got to deal with what we got. Based on the people we’ve seen, they’re OK.”