Court Weighs Suppression of Evidence in 'Red Rose' Case

PITTSBURGH — U.S. District Judge Joy Flowers Conti this week denied one defense motion to suppress statements made by the defendant, but continued a hearing on a motion to suppress evidence collected by law enforcement in the obscenity case pending against Karen Fletcher, AKA “Red Rose.”

In November, Fletcher’s attorneys filed a motion to suppress statements Fletcher made to agents from the Federal Bureau of Investigation (FBI) during the FBI’s initial visit to Fletcher’s home in February, 2005, as well as a motion to suppress evidence collected by law enforcement agents during a subsequent search of her home conducted in August of that year.

This week, Conti denied the defense’s motion to suppress Fletcher’s statements, but continued the hearing on the evidence suppression motion, and gave the government time to consider whether it will introduce additional evidence in support of the search warrant executed in 2005.

According to Lawrence Walters, one of Fletcher’s attorneys, the search warrant obtained by the investigating agents was very broad, and there is a degree of mystery surrounding what all was contained in an exhibit supplied with the application for the warrant.

In assembling evidence in the case, one of the FBI agents downloaded stories from Fletcher’s website, which he then took to a magistrate judge as material in support of an application for a search warrant. The stories and other evidence were assembled in an exhibit marked “Exhibit A.” The problem confronting the court now, according to Walters, is that it is no longer clear precisely what information was contained in “Exhibit A.”

“The agent said that he believes all the stories [downloaded from Fletcher’s site] were contained in the exhibit, but he kept no list,” Walters said. “Even today, we don’t know what all was contained in the ‘Exhibit A’ file.”

Where that fact becomes significant, Walters said, is that under 1st Amendment law, warrants pertaining to alleged obscene materials are only valid if they identify the obscene materials specifically.

“The materials have to be identified by a title, description or some other specific identifier,” Walters said. “In a child porn case, because child porn is not protected by the 1st Amendment, it’s essentially fine to say ‘go seize anything that looks like child porn.’ But you can’t just say ‘seize all obscene materials,’ or ‘seize all pornographic materials,’ because that makes it too general a warrant. By failing to constrain the agents’ search to specific materials, they created an invalid warrant, in our view.”

Walters said that while denial of motions to suppress is “usually a forgone conclusion,” the facts of the situation at hand make the outcome of the court’s ruling more difficult to predict.

“This is an interesting circumstance, and it will be very interesting to see what the court decides,” Walters said. “We certainly feel that the warrant was overbroad, and went beyond what would normally be allowed [in an obscenity case].”

The court has set a deadline of February 12 for the government to decide whether to present additional evidence in support of its contention that the warrant did not violated the 1st and 4th Amendments, and to advise the court whether it wishes to continue the hearing on the defense motion to suppress, or proceed with the evidence already submitted.

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