Charles Brownstein drops us a note about Gordon Lee’s return to court to continue his two-year battle:
This Thursday, October 5, the long-running case of Georgia v. Gordon Lee goes back to court for a Hearing on Motions. This is the second such hearing in a case that has run for nearly two years, seen three arraignments, and at least two sets of facts, all arising from the same 2004 incident. To date the Fund has spent roughly $70,000 defending Lee’s case.
Lee faces two misdemeanor counts of Exhibition of Harmful Materials to a Minor (OCGA 16-12-103). These are the remaining counts after the Fund successfully knocked out the two felony counts of distributing material depicting nudity or sexual content, and five misdemeanor counts of Exhibition of Harmful Materials to a Minor. If convicted under these remaining misdemeanor counts, Lee faces penalties of up to a year in prison and up to $1,000 in fines for each count.
The motions to be argued are: Motion to Dismiss on grounds that the State Harmful to Minors law is unconstitutional, a memorandum in support of that motion, and a Motion to Dismiss based on prosecutorial misconduct. Two Demurrer and Motion to Quash documents; another motion to quash, and two procedural motions are also to be heard.
“This is a case where an apology should have sufficed,” says CBLDF Executive Director Charles Brownstein, “and instead a man’s livelihood and freedom have hung in the balance for what is going on two years. Gordon has been systematically overcharged and harassed by Rome’s prosecutors, and it is our hope that under these very well considered motions, he will finally be cleared of charges that should never have been brought to begin with.”
For a full case history and analysis of the motions to be argued, please visit www.cbldf.org where you can also make a contribution to support his case. News from the hearings will follow later this week.
The Comics Reporter posted a recap of the case about a year ago that gives some historical background, while another update was issued in July.
