Minutes after opening statements began this afternoon in the trial of Rome comic book store owner Gordon Clifford Lee, Judge Larry Salmon has declared a mistrial.
During their opening statement, prosecutors referenced a 1994 case in which Lee was accused of distributing obscene materials.
Floyd County Assistant District Attorney John Tully said that when Gordon Lee was faced by deputies in the store after the Oct. 2004 incident, he told the deputies "he had been through this before and beat it."
Defense attorneys argued that the previous charges have no significance for the current case and asked for a mistrial.
"I ask that the detectives not testify about the prior incident 12 years ago," said Alan Begner. "It would inject bad character."
The court recessed as Salmon considered the request. Upon returning to the courtoom, he agreed with defense attorneys and declared a mistrial.
Lee is charged with distributing harmful materials to a minor, a misdemeanor punishable
Prosecutor John Tully makes an opening argument. (William T. Martin / RN-T) |
by as long as a year in jail.
The charges stem from a Halloween 2004 giveaway when an employee of Legends Comics in Rome gave a copy of "Alternative Comics No. 2" to two 6- and 9-year-old brothers.
In the comic book, a series of drawings depict a naked Pablo Picasso. The images were used to depict his first meeting with fellow Cubist Georges Braque.
Picasso is depicted in the nude, which, according to Charles Brownstein, executive director of the Comic Book Legal Defense Fund, is historically accurate. The CBLDF has been raising money for Lee's defense in this matter.
Click here to discuss the case.
