FALSE ARREST FOR PANDERING OBSCENITY on the behalf of a PROSTITUTE “WELL KNOWN” to Steve Sheldon and his Sheriff’s Office
Excerpts from a recently filed court motion
The advertisement which was the sole basis of the Pandering Obscenity charge does not even come close to meeting the legal definition of obscenity.
The basis or more accurately the pretext for this charge of Pandering Obscenity was an advertisement, attached hereto as Exhibit B on page 15, that “known prostitute” Gillisa Morgan (“Morgan”) created and uploaded onto the internet website www.backpage.com (“backpage.com”) [Backpage, Ohio, Akron/Canton, Adult, Escorts], being placed on the Richland County Sheriff’s Office’s bulletin board located inside the entryway to its office. Quoting Radey V. State, 54 Ohio App. 3d 18, 560 N.E. 2d 247 (Ohio App. 1989) “[t]he Supreme Court of Ohio has found [the Ohio obscenity statute] to be constitutional when read in pari materia with the Miller guidelines. … Therefore, the Miller test for defining obscenity was incorporated into the statute by an authoritative state court construction specifically sanctioned by Miller. … Therefore, when the Ohio statutes are read to incorporate the guidelines prescribed in Miller, the material:
(a) must depict conduct which is expressly set forth by the definition of “sexual conduct” … and
(b) the sexual conduct depicted must be “obscene,” … and
(c) the material must meet the three guidelines of Miller.”
The Miller Test, Miller v. California (1973), 413 U.S. 15.
A) whether “the average person, applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest, Roth, supra, at 489,
B) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and
i) R.C. 2907.01 (A) “Sexual conduct” means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
C) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
This advertisement would have a very hard time of even passing the first prong of the Miller Test, assuming it could even pass at all. The advertisement would unquestionably fail on the second prong as there are no depictions or descriptions of sexual conduct or bodily functions in the advertisement. Despite the fact that the advertisement does not explicitly describe sex acts to be performed for money, the advertisement clearly alludes to and makes indirect references to prostitution services being offered and any reasonable person of average intelligence would consider the advertisement to be prima facie evidence of the crime of prostitution. The act of bringing the advertisement to the attention of a law enforcement officer would in and of itself make the advertisement a document with legal value. The following three facts below when joined together would give the advertisement serious political value.
1) The Richland County Sheriff’s Office is and was at the time of this incident aware of Morgan’s prostitution activities. Morgan admitted she was a prostitute in: multiple written statements to the Sheriff’s Office, in court testimony, and in an oral deposition, all previous to this event. Morgan even voluntarily described some of her crimes in detail for Deputy Pat Smith of the Sheriff’s Office. In addition to prostituting herself Morgan recruits and grooms young women to work for her as prostitutes. Morgan discussed one specific example with me where she had attempted to groom her own daughter’s cousin Micaela Lawrence (“Lawrence”) to be a prostitute, she was unable to convince Lawrence, but Lawrence did have a best friend, Jamie Caton , who Morgan did end up grooming