PROVO -- A Wednesday discussion about religion morphed into the most graphic sexual images jurors have seen to date in the Movie Buffs pornography trial.
And more "hard-core" films were expected on the screen Thursday.Defense attorney Randy Spencer argued that religion is playing too large a role in establishing a community obscenity standard. He moved for a mistrial in 4th District Court, saying prosecutors are trying to hang the standard on Utah County's religiosity.
"Religion-based community standard evidence is inappropriate and illegal," he told Judge Steven L. Hansen. "They cannot base a prosecution on religious values, which is clearly what they're trying to imply to this jury."
Spencer complained about earlier testimony from political pollster Dan Jones, whose 1997 survey of county residents showed that about 89 percent claim to be members of The Church of Jesus Christ of Latter-day Saints. Church leaders often speak out against pornography and admonish members to refrain from viewing it.
Prosecutor Curtis Larson conceded there is a religious influence but that it's not a reason to end Larry W. Peterman's trial. The former Movie Buffs general manager is charged with 15 misdemeanor counts of distributing pornography.
"We're a religious community," Larson said, adding that while the LDS is the predominant faith, there are other denominations in the county as well. The Jones poll showed that Catholics, Protestants and other sects account for less than 7 percent of the population.
Larson noted that Spencer didn't object to the Jones' demographic data when it was presented last week.
Hansen curtly denied Spencer's motion and moved the case along.
On Thursday morning, Don Strassberg, a University of Utah psychology professor and sex therapist, testified that in his opinion, the videos at issue don't meet the legal definition of pornography.
"I would say it appeals to a sexual interest, but not a morbid interest, a prurient interest," he said.
That includes a 10-minute segment in one movie where an incestuous relationship was depicted, Strassberg said. "It was not portrayed in any way that would make it appealing to anyone who was watching," he said.
Strassberg said he would not be uncomfortable recommending any of the 15 movies to help couples "jump start" their sex lives.
The defense's attempt Wednesday to admit as evidence sales records from Barnes & Noble Booksellers, Border's Books and Dirty Jo Punsters also failed. Spencer said the volume of sex magazines sold at the Orem and Provo bookstores shows the community standard. He also said the Spanish Fork shop where sexual aids are sold does a "huge business."
"There's a whole lot of money being spent in the county on these things," he said.
Hansen, however, won't let the jury see any of it.
The jury did get an eyeful Wednesday afternoon when a clip from the uncut, X-rated version of "Jugsy" was shown in the darkened courtroom. Jurors last week viewed a cable-edited copy seized from Movie Buffs in an October 1996 raid of stores in Lehi and American Fork. The defense wants them to see the difference between the two versions of the film.
Jerry Mooney, an anti-censorship attorney who represented Peterman in his first trial last summer, testified that as long as penetration is not shown, the movies are considered cable versions and are legal.
Jurors also sat through a movie titled " Hot Property" that a Springville resident taped off the Erotic Network available to Dish Network satellite TV subscribers.