"Abuse of state power" against public porn pair, defense lawyer says

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JONESBORO, Ark. – A Trumann couple each faces over 50 years in prison for having sex on video in public. The attorney for both just called it, “a clear abuse of state power,” in a statement exclusively released to NEA Report.

Leslie Lanae Sessions, 30, and Derek Calloway, 37, both of Trumann, were both charged Monday, August 28, with nine felonies each: Public display of hardcore sexual conduct (felony, three counts), Obscene films (felony, three counts), and Promoting obscene performance (felony, three counts). The charge of public display of hard-core sexual conduct is self-explanatory but the other two counts are more ambiguous.

For possession or distribution of obscene film, the office of the 2nd Judicial District Prosecuting Attorney accuses the defendant of, between June 30 and July 10, knowingly exhibiting, selling, offering to sell, give away, circulate, produce, distribute, attempt to distribute or have in his possession an obscene film, thereby committing the offense of sale, possession or distribution of an obscene film. The charge of promoting obscene performance states, on the same dates, the defendants promoted the videos as owners, producers, directors, managers, or performers.

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Jonesboro Attorney Randel Miller, of Miller Law Firm, calls the latter two laws “clearly unconstitutional,” in a statement released to NEA Report.

Here is the statement, in full:

“This is Randel Miller. I represent Calloway and Sessions,” the statement begins, verbatim. “It is my opinion two of the three statutes under which they are charged are clearly unconstitutional. The statute would prohibit the videoing of two consenting adults in the privacy of own their bedroom. This is such an over-broad statute that it can’t withstand constitutional muster.

“The third statute, dealing with videoing in a public place, is a different matter. First, I think there’s going to be a real question of whether there is any witnesses that observe this an actual witness to this. Second they charge is grossly disproportionate to the condo. Clearly, this conduct would have constituted the misdemeanor offense of indecent exposure rather than the more serious felony offense.

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“Finally, this has been blown out of proportion. These two otherwise law-abiding adults were in the quiet of their home with their children when the police descended on their home with a search warrant, tore their house apart and terrified their children. This was grossly unnecessary and a clear abuse of state power.

“These two people should be cleared of the felony charges, and at worst, found guilty of a misdemeanor offense of indecent exposure,” Miller’s statement concludes.

The next setting in court is for motions, on October 30, 2017, said Prosecutor Scott Ellington. A jury trial term is set to follow on November 13, although that may be delayed by a First Amendment challenge.

Part one, part two, and part three of this story are available at the respective links, for more information.


Story by Stan Morris | NEA Report

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Featured photo of suspects, Sessions and Calloway, from Craighead County Detention Center mugshots. 

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  1. Trial postponed for porno pair as state laws challenged – NEA Report

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