Yesterday an appellate court in New York overturned the 2002 conviction of Screw publisher Al Goldstein on five counts of aggravated harassment in the second degree and one count of harassment in the second degree. His case has been remanded for a new trial, though it is not yet certain that prosecutors will pursue one.
The conviction was overturned not on the First Amendment arguments that Goldstein had pursued throughout the case, but on the basis of remarks made by the prosecutor that the appellate court found to have been prejudicial to Goldstein’s defense.
In particular, the prosecution’s repeated claim that both Goldstein and his defense lawyers were liars was a key issue. A prosecutor can contend that his witnesses are telling the truth, but a blunt statement the defense is lying is not allowable.
"This is great! I shoved it up the D.A.'s ass," Godlstein told AVN.com. "It shows that Judge Chopstick was biased and prejudiced. It proves everything that I have been saying in Screw for the last year and a half."
The harassment charges were brought against Goldstein by his former secretary, whom Goldstein had mentioned in Screw and on his public access show. Goldstein had also left messages that were deemed threatening on his secretary's home telephone.
