The district attorney’s office plans to bring a case against a local comic book storeowner back to Floyd Superior Court next year after a mistrial was declared Monday.
Judge Larry Salmon declared the mistrial after a prosecutor alluded to Gordon Lee appearing in court before on similar charges.
Lee, owner of Legends, a comic book store on Broad Street, is charged with distributing harmful materials to a minor, a misdemeanor punishable by as long as a year in jail.
“We hope to get this on the next available misdemeanor trial calendar,” said District Attorney Leigh Patterson. “I don’t know exactly when that is, but I gather it’ll be after the first of the year.”
The charges against Lee stem from a Halloween 2004 giveaway in which an employee of Legends allegedly gave a copy of “Alternative Comics No. 2” to two 6- and 9-year-old brothers.
The comic depicts a naked Pablo Picasso during his first meeting with fellow Cubist Georges Braque. The Comic Book Legal Defense Fund, which raised money for Lee’s defense, says the comic is historically accurate.
Prosecutors were making their opening statements Monday when Judge Salmon stopped proceedings, saying moving forward with the case would be a waste of time.
“It doesn’t mean not guilty, but it’s not appropriate to hear the case,” Judge Salmon said.
Prior to opening statements, Alan Begner, part of the defense team, asked the judge to not allow statements about Lee’s 1994 conviction in Floyd County on a charge of distributing obscene material.
“We ask that the detectives not testify about the prior incident 12 years ago because it injects bad character,” said Begner. “I don’t know the plan, but I fear it’s possible.”
The request was not considered until the prosecution noted in opening statements Lee told deputies during the 2004 incident he had “been through this before and beat it.”
“If witnesses hear about other crime evidence, it shows bad character and soils the case,” said Begner.
John Tully, assistant district attorney who was speaking at the time of the request, said Lee bragged to the officers during the 2004 incident.
“We didn’t say he had been convicted but that he said he’s been through this before,” said Tully.
Members of defense were still not happy Monday.
“It’s been more than three years, and (he) is still not out of this case. His good name is still not clear,” Begner said.
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