‘As Nasty’ Obscenity Case Dropped : Rap: San Antonio record store owner is ‘pleasantly surprised.’ Judge says he’ll recommend dismissing any future cases based on the 2 Live Crew album.

Without explanation, prosecutors today dropped obscenity charges against a record store owner who had been arrested for selling the rap album “As Nasty as They Wanna Be” by 2 Live Crew.

County Court-At-Law Judge Tony Jimenez III granted the prosecutors’ request as Dave Risher’s trial was set to begin.

“I thought we were going to trial today. I’m pleasantly surprised,” Risher said as he emerged from the courtroom to cheers and applause.

As the trial began, Assistant Dist. Atty. Pat Hancock asked that the case against Risher be dropped.

Jimenez honored the request and said he could not understand why it had taken six months to decide not to prosecute the case.

Hancock gave no reason for the dismissal; prosecutors were not immediately available to discuss the decision.

But the mother of the individual whose purchase of the album led to the charges said prosecutors didn’t believe they had a case.

“They chose to dismiss it because they thought they didn’t have a case to put before a jury,” said Teresa Weaver, president of Citizens Against Pornography. “I think if there’s a blame to be placed it has to be on the (judicial) system.”

Weaver also said her son Patrick, who bought the album, no longer believes that the entire rap album met an obscenity definition.

Based on this case, Jimenez said he will also recommend that future obscenity cases involving the record be dismissed. No cases are pending.

Risher was charged in June after San Antonio police vice officers visited local record stores and told owners and managers that the album had been declared obscene by a federal judge in Florida.

After that declaration, one record store owner in Florida was found guilty of misdemeanor obscenity, but in another members of the rap group were acquitted of similar charges involving a live performance of some of their material.

In the Texas case, officers asked store operators to sign statements saying they had been given the warning. Risher refused to sign.

Days after the warning, Patrick Weaver bought the album at Risher’s store and filed a complaint with police.

Promotion of pornography, a Class A misdemeanor, carries a fine of one year in jail, a $1,000 fine or both.

“I can’t wait to get back to work,” said Risher, owner of Hogwild Records & Tapes.

Defense attorneys had planned to call music critics, professors and a pollster as witnesses on Risher’s behalf. Defense attorney Robert Switzer said he was pleased with the ruling and considered it a victory.