Post by darkstar3 on Jan 27, 2011 2:06:36 GMT
The Miami Herald
Friday, August 21, 1970
By: Paul Levine
MOVIES, PLAY BARRED AS MORRISON DEFENSE
Criminal court Judge Murray Goodman dealt the defense for singer Jim Morrison a severe setback in its trial strategy Wednesday when he ruled no evidence pertaining to “community standards” would be admissible.
The trial will continue Wednesday.
In a written order, Goodman said that “no books or periodicals will be admitted, no motion pictures or stage plays will be viewed by the jury. The court finds that such evidence would be irrelevant to the offenses charged.”
Defense lawyers had made known their desire to take the four man, two woman jury to see the rock musical play, “Hair”, and the documentary film “Woodstock” as part of their presentation.
ATTORNEY Max Fink contended that the film and play would help show that Morrison did not violate “community standards” of morality in his appearance at Dinner Key Auditorium, March 1, 1969.
Morrison, lead singer of the rock music group The Doors, is charged with lewd and lascivious behavior, indecent exposure, drunkenness and profanity. In connection with the concert before 12,000 people at Dinner Key.
After the judge’s ruling, Fink strenuously argued a motion to set aside the order.
“To exclude evidence concerning community standards in regards to words we freely admit we used, to exclude expert testimony concerning effect of these words on the audience in this day and age, would be a denial of a fair trial,” Fink said.
GOODMAN denied the motion without further comment. In order, the judge specifically forbade the defense to present the psychiatrists, clergymen, and educators it had planned on using to establish the “contemporary standards” that federal courts consider in judging obscenity cases.
“The court is of the opinion that the standards of obscenity apply to written material and motion pictures protected by the First Amendment, namely freedom of speech and dress,” Goodman wrote. “Conduct is another matter entirely…To allow so called experts or others to testify or admit evidence to support the theory that in America, March 1, 1969, it was accepted conduct and outside of statutory prohibition, to use the language alleged in this case, to expose one’s sexual organs as alleged, to simulate masturbation and oral copulation as alleged, would be to acknowledge the existence of a state of affairs which would shock and affront decent and law abiding citizens everywhere.”
Goodman, said that he conduct alleged, if proven, does constitute a violation of the law.
END.
Friday, August 21, 1970
By: Paul Levine
MOVIES, PLAY BARRED AS MORRISON DEFENSE
Criminal court Judge Murray Goodman dealt the defense for singer Jim Morrison a severe setback in its trial strategy Wednesday when he ruled no evidence pertaining to “community standards” would be admissible.
The trial will continue Wednesday.
In a written order, Goodman said that “no books or periodicals will be admitted, no motion pictures or stage plays will be viewed by the jury. The court finds that such evidence would be irrelevant to the offenses charged.”
Defense lawyers had made known their desire to take the four man, two woman jury to see the rock musical play, “Hair”, and the documentary film “Woodstock” as part of their presentation.
ATTORNEY Max Fink contended that the film and play would help show that Morrison did not violate “community standards” of morality in his appearance at Dinner Key Auditorium, March 1, 1969.
Morrison, lead singer of the rock music group The Doors, is charged with lewd and lascivious behavior, indecent exposure, drunkenness and profanity. In connection with the concert before 12,000 people at Dinner Key.
After the judge’s ruling, Fink strenuously argued a motion to set aside the order.
“To exclude evidence concerning community standards in regards to words we freely admit we used, to exclude expert testimony concerning effect of these words on the audience in this day and age, would be a denial of a fair trial,” Fink said.
GOODMAN denied the motion without further comment. In order, the judge specifically forbade the defense to present the psychiatrists, clergymen, and educators it had planned on using to establish the “contemporary standards” that federal courts consider in judging obscenity cases.
“The court is of the opinion that the standards of obscenity apply to written material and motion pictures protected by the First Amendment, namely freedom of speech and dress,” Goodman wrote. “Conduct is another matter entirely…To allow so called experts or others to testify or admit evidence to support the theory that in America, March 1, 1969, it was accepted conduct and outside of statutory prohibition, to use the language alleged in this case, to expose one’s sexual organs as alleged, to simulate masturbation and oral copulation as alleged, would be to acknowledge the existence of a state of affairs which would shock and affront decent and law abiding citizens everywhere.”
Goodman, said that he conduct alleged, if proven, does constitute a violation of the law.
END.