Red Rose Pleads Not Guilty to Obscenity Charges

PITTSBURGH, Pa. — Responding to a federal grand jury indictment for obscenity, Karen Fletcher, aka Red Rose, pled not guilty at her Oct. 17 arraignment in U.S. District Court in Pittsburgh. Fletcher is alleged to have disseminated obscene fictional stories on her website describing the torture and sexual abuse of children.

U.S. Attorney Mary Beth Buchanan announced the charges in September, saying that Fletcher violated federal obscenity laws despite the fact that no pictures of children were displayed on the site.

Attorney Warner Mariani will serve as local counsel for Fletcher’s pro bono defense team, which includes Lawrence Walters, John Weston, Jerry Mooney and Derek Brett, as well as several other prominent 1st Amendment attorneys.

While the case raises the issue of whether text can be considered obscene, Walters told XBIZ he was also troubled by how Fletcher came to the attention of authorities.

“This case apparently started as a result of a Suspicious Activity Report (SAR) by Paypal,” he said. “This is significant because it's the first time I can recall Paypal making a value judgment on erotic content, and contacting the authorities as a result.”

Walters said banking institutions are required to file SARs under the Bank Secrecy Act when they believe clients are using their services to further criminal activity. But, he said, SARs are typically filed in reference to tax evasion and money laundering cases.

“The SAR specifically stated that ‘suspect Karen Fletcher… Donora, PA, is receiving payments from a child sex/rape test, audio, chat rooms and drawing erotica from Red-Rose-Stories.com,’” FBI agent Christopher Cantrell said in his affidavit in support of a search warrant. “Stories involved strong sexual content involving minors and adults.”

While Walters could not be certain, he said that in this case, it appears Paypal may have reviewed the content of Fletcher’s site prior to filing its SAR with authorities.

A spokeswoman from Paypal declined comment to XBIZ on the specifics of the Red Rose case.

"Like all financial institutions, PayPal is subject to the Bank Secrecy Act," she said. "Therefore, we are required to file SARs in cases where we know or suspect that criminal activity has taken place or is being attempted. Those reports are filed with the Financial Crimes Enforcement Network, which is a division of the U.S. Treasury. Unfortunately, since those reports are confidential, we can’t comment on any of our customers or any suspicious activity reports that we file."

The warrant also authorized authorities to seize Fletcher’s computer, journals, documents and books — items Walters called “expressive material.”

“We view this mass seizure of all the business equipment as a prior restraint, as it effectively put her out of business,” he said.

Federal agents executed a search warrant at Fletcher’s home in August 2005, seizing her computer. At the time she told authorities that she writes the bulk of the site’s stories, with about 40 other people contributing to the site as well.

According to the FBI search warrant affidavit, Fletcher told authorities that about 29 people had paid $10 per month in membership fees. She also described her work to law enforcement officers as a “fantasy site.”

Pretrial motions are expected to be finalized in the middle of next month. Walters said the case should go to trial early in 2007.

If convicted, Fletcher faces a statutory maximum of 30 years in prison and a $1.5 million fine, but the actual sentence would be dictated by federal sentencing guidelines.

Officials from Paypal were not available for comment at time of post.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Streamate's Elevate Partners With Miss Mei on Decriminalization Initiative

Streamate’s Elevate initiative is debuting a November collaboration with creator and community advocate Miss Mei that will highlight the modern criminalization of sex work.

Show More