PROVO -- The former Movie Buffs general manager accused of distributing pornography testified Friday that authorities told him renting cable versions of sexually explicit videos was legal.
After watching 15 films seized from stores in Lehi and American Fork, the jury heard from Larry W. Peterman for the first time in 4th District Court Friday. Peterman ordered movies for the 25-store chain."They said they didn't want X-rated movies in the area," Peterman said of Lehi officials who were initially wary of granting Movies Buffs a business license in 1994. "It was explained again that these were cable-edited versions."
Peterman said he didn't explain to the city specific sex acts that might be depicted in the videos nor did officials ask. "There's no doubt in my mind that everyone knew what the nature of the sexual material being discussed was," he said.
Lehi eventually issued a business license that included a stipulation that Movie Buffs keep sex films in an "adult" room, which it did in all of its stores.
"I just felt it was better not to have Playboy . . . next to the new releases. Some families might not appreciate that," he said. "Movie Buffs' focus was as a family-oriented video store."
Peterman said the chain pulled several movies from shelves per store policy in other areas when customers complained.
The trial reached the two-week mark Friday with jurors now having watched 19 full-length skin flicks and snippets from a half-dozen others.
Peterman's defense counsel has been trying to show jurors that sexually explicit material is available from many sources in Utah County. Peterman faces 15 counts of distributing pornography. Defense attorney Randy Spencer has said Peterman is the victim of selective prosecution.
Nary a day has gone without a tedious legal wrangling between attorneys, often forcing the jury out of the 4th District courtroom while Judge Steven L. Hansen sorts out the arguments. Jurors aren't allowed to listen in on the maneuvering.
At one point this week, Spencer looked at Peterman and drew his hand across his throat in slicing manner after Hansen wouldn't let two of his witnesses testify. The judge later changed his mind after reviewing some technical aspect of the law.
Trial could last at least another two weeks.
On Thursday afternoon, the eight-member jury watched "Beverly Hills Bordello: Love Lessons," a series of half-hour features that originally aired on Showtime and are available on video cassette.
In the morning, University of Utah psychology professor Don Strassberg testified that in his opinion the 15 cable-version videos at issue are not legally obscene. Prosecutor Curtis Larson tried to discredit Strassberg's testimony by peppering him with questions about his knowledge of local residents and their view on what is and isn't pornographic.
Jurors must decide whether the average person would deem the videos appealing to a prurient interest in sex, patently offensive in their depiction of sexual conduct and lacking serious literary, artistic, political and scientific value.
"You don't even know what the average Utah County resident is," Larson queried.
"I don't think anyone does," Strassberg replied.
Strassberg said some people might consider children's underwear ads in the JCPenney catalog as appealing to a prurient interest in sex.