An adult retailer charged with pandering obscenity is trying to remove Hamilton County Prosecutor Mike Allen from the case, citing Allen's open support of Citizens for Community Values, a group that wishes to eradicate pornography. rnrn
Shawn Jenkins, who runs Tip Top Magazine, was indicted after police bought a video from his Corryville shop. Jenkins' attorneys, Jennifer Kinsley and Lou Sirkin, want Allen and his office replaced by a special prosecutor, saying Allen is allowing his personal bias to intrude on his sworn duty to seek justice.rnrn
Allen has been quoted as saying he fully supported CCV and its agenda, which is to eradicate all sexually explicit material including adult videos and magazines. . rnrn
"This comment," Kinsley wrote, "suggests that, in matters concerning adult-oriented expression presumptively protected by the First Amendment to the United States Constitution, Mr. Allen is not guided by the law but is instead influenced by private interests wholly contrary to the constitutional protection afforded to expressive materials." rnrn
Allen's comments supporting CCV seemingly conflict with the prosecutor's sworn duty to uphold the law. Even in Ohio, which has been a hotbed of obscenity charges of late, material is not deemed obscene until a jury has found it to be so. rnrn
Kinsley will ask a judge to hold a hearing so she can call Allen to testify to his personal beliefs about obscenity and CCV's mission on January 21.rnrnrn
For a related story, click here: rnhttp://www.cincypost.com/2003/01/08/sex010803.html
