December 2, 2005
Four of Seven Charges Dismissed in Thursday Hearings on Gordon Lee Case
In a pretrial hearing in Rome, Georgia on Thursday, prosecutors dismissed four of seven counts against comics retailer Gordon Lee, the Comic Book Legal Defense Fund reported Thursday evening.
Dismissed were both felony counts of "Distribution of Material Containing Nudity or Sexual Conduct" and two misdemeanor counts of "Distribution of Harmful to Minors Material" to alleged John Does. Remaining are three misdemeanor counts of Distribution of Harmful to Minors Material to the alleged victim. These have yet to be ruled upon.
The results of hearings in front of Judge F. Larry Salmon were welcomed by the Fund, their Atlanta-based lawyer Alan Begner, and local attorney Paul Cadle.
With motions made moot by the dismissals, lawyers argued the constitutionality of the "Distribution of Harmful to Minors Material" both in and of itself and as it applied to Lee's case. Accroding to the Fund, this involved a challenge based on the material in question. Cadle argued the decision to pursue three different misdemeanor counts.
The Gordon Lee case stems from a copy of the giveaway Alternative Comics
#2, featuring some non-sexual nudity in a story about Pablo Picasso, finding its way into the hands of a minor doing a community Halloween promotion.
The Fund is presently continuing to raise money to fight the case through a series of auctions
posted 1:38 pm PST
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