PROVO -- Prosecutors in the Movie Buffs case say the defendant's contention that the judge is biased is based on hearsay and anonymous sources.
Deputy county attorney Curtis Larson filed a response in 4th District Court Thursday refuting Larry Warren Peterman's claim that Judge Lynn Davis is prejudiced against him.Peterman, 50, West Point, is charged with 15 counts of distributing pornography, a class A misdemeanor, in connection with videos rented and sold at Movie Buffs locations in Lehi and American Fork. Peterman was the manager of the stores.
Davis presided over the first trial last summer and watched, along with the jurors, 15 hours of sexually explicit films seized from the stores. The trial ended in a hung jury.
Spencer contends that four of the six jurors said a conversation they had with Davis in the hallway of the courthouse after the trial showed his bias.
For example, Spencer wrote that one juror "got the clear impression from the judge's comments in the hallway that the judge thought the videos were pornographic and that the jury should have convicted the defendant."
The state said those allegations are based on "reading between the lines" of Davis' actions.
"This type of psychological twisting of the alleged statements only serves to confuse all involved," the response states.
Prosecutors' response said if a judge can be disqualified for bias following a comment or ruling during court proceedings, "there is no limit to disqualification motions, and there would be a return to judge shopping."
Spencer also wrote that Davis "sometimes had facial expressions that reflected disgust and discomfort" during the trial.
But prosecutors responded that a person's instinctive response does not make them biased.
"In the course of a criminal trial, evidence as to the defendant's activities may incite natural disgust, but it could hardly be thought that a judge would be disqualified because he reacted as anyone would," the documents state.
Larson also said it was inappropriate for Spencer to contact the jurors and his contact may have prejudiced their statements.
The response also said none of Davis' comments show a bias against Peterman himself.
Judicial procedure said the judge can either recuse or refer the matter to another judge for a hearing.
The case is scheduled to be retried Jan. 19 and it is unclear whether the motions will delay the trial. Larson asked for an expedited hearing. A hearing has not been set.