The CBLDF sends word that their motions to dismiss the Gordon Lee case have been denied and the case will go to trial:
The Comic Book Legal Defense Fund has learned that its recent motions to dismiss the case Georgia v. Gordon Lee have been denied. The Fund is now preparing to go to trial, which is anticipated to occur early in 2007.
This most recent round of motions in Lee’s case were filed last Summer in response to July’s second indictment against Lee – the third set of charges brought against the Rome, GA retailer as a result of an accidental Halloween 2004 distribution of “Alternative Comics #2.”
The motions filed included: 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 were also filed. Motions were heard last October.
The court dismissed all of the motions submitted by Lee’s defense team. The court held that this is the third “re-incarnation” of the earlier action brought in 2005, and in light of that dismissed many of Lee’s motions. Among the dismissed motions were motions alleging that Georgia’s Exhibition of Harmful Materials to a Minor law (OCGA 16-12-103) is unconstitutional, demurrers and motions to quash, and motion to dismiss based on prosecutorial misconduct.
In light of this decision, the Fund is taking preparations to go to trial to defend Lee against the two remaining misdemeanor counts of Exhibition of Harmful Materials to a Minor. To date the Fund has spent over $72,000 defending Mr. Lee, successfully knocking out 5 of the 7 counts he originally faced, including two felony counts and three misdemeanor counts. 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.
To support the defense of Gordon Lee, please make a donation to the Comic Book Legal Defense Fund online at www.cbldf.org, or by calling 800-99-CBLDF, or by mail at 271 Madison Ave, Suite 1400, New York, NY 10016