Appelate Court Dismisses Appeal in Mike Jones Case

MCHENRY COUNTY, Ill. – Signaling a possible end to former CD Babes owner Mike Jones' four-year entanglement with the Illinois judicial system, an Appellate Court dismissed the state's appeal to unsupress evidence in the case.

Jones was indicted on obscenity and child pornography charges in 2001 after having his home and offices raided by police. At the time of the raid, police seized adult tapes, financial records, videotapes, floppy disks and computers, much of which were later used as evidence against him.

According to Jones' attorney, J.D. Obenberger, the dismissal came after the state failed to file its appeal on time, even after presiding Judge Sharon Prather allowed for an extension.

"All that is left is some of the shouting at this point," Obenberger told XBiz. "But the case is over with, and I'd be very surprised if it wasn't. You could even call me a monkey's uncle if it isn't."

Obenberger added that the case first went into decline for the prosecution when they waited too long to ask Prather to reconsider her decision on the suppression of evidence taken from the Jones' household.

In January 2004, Prather ordered all evidence seized from the raid on Jones' property suppressed after ruling that the search warrant used at the time was overbroad.

Prather determined in her ruling that the search warrant used in the Jones case authorized a "general search" for obscene and underage materials, but that it lacked particularity that might direct and limit the officers as to what they were to seize.

She further determined that the search amounted to an improper prior restraint on free speech without adequate judicial oversight.

Obenberger told XBiz at the time of Prather's ruling that the officers at the scene seized adult tapes held for private purposes in two bedrooms, seized the computer that Jones' 14-year-old daughter used for schoolwork, and a laundry list of other irrelevant materials.

Obenberger called the case "wholly irregular prosecution" and expressed serious doubt over whether the state would appeal to the Supreme Court.

"This is a substantial victory for Jones and it makes it very difficult for the state to do anything after this point," Obenberger said, adding that his client could still be prosecuted on obscenity for the BDSM images or other images found on his website by authorities, but even that was doubtful at this juncture.

Following the court's decision, the state has within 21 days to appeal to the Illinois Supreme Court – or within 35 days if they file a motion to do so.

Copyright © 2026 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

Lia Lin, Angelica Heart Star in Latest From MixedX

Lia Lin and Angelica Heart star in the latest release from MixedX, titled “Used By You.”

Evil Angel Debuts Proxy Paige's 'Nympho Wars'

Evil Angel has released director Proxy Paige’s new title, “Nympho Wars.”

Madi Collins Talks Brains, Biology and the Art of Performance

“I was born to perform,” Madi Collins declares. “It comes really naturally to me, and it taps into a part of my soul that makes me feel fulfilled.”

Juliana Marie, Alaina Taylor Lead Latest From Family Strokes

Juliana Marie and Alaina Taylor star with Jayden Marcos in the latest from Family Strokes’ “PervMom” series, titled “If Your Girlfriend Wants to Be a Part of the Family, She Has to Share Your Cock.”

Zariah Aura, Yhivi Headline 'Salacious TS Encounters 3' From TransSensual

Zariah Aura and Yhivi topline “Salacious TS Encounters 3” from Mile High Media studio imprint TransSensual.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

VR Bangers Celebrates 10th Anniversary

VR Bangers has marked its 10-year anniversary.

Maddie V Baby Is Hustler's 'Cover Honey' for February

Maddie V Baby is the Cover Honey for the February issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Ellen Stagg.

Victoria Grant Fronts Latest From TransAngels

Victoria Grant stars with Johnny Palms in the latest release from TransAngels, titled “Balls Deep in My Football.”

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Show More