Seller of hentai convicted, given $4,000 fine
Posted: 2003-02-16 01:13am
From Las Vegas City Life
The First Amendment, Texas-style: Comic books remain dangerous into the 21st century
By Frank Beaton
Jesus Castillo, 31, is a convicted criminal. He's been sentenced to six months in prison, a $4,000 fine and one year of probation. His crime: Selling an adult comic book to - wait for it - an adult.
It all started in November of 1999, when a woman stormed out of Keith's Comics in Dallas, Texas, upset over the price of Pokemon cards. She threatened store manager Castillo, insisting that she could easily have the place shut down. "I know important people," she said. "All I have to do is tell them what you're selling here."
The next week, a fiery letter appeared in a local newspaper, presumably written by the same woman, alleging that Keith's Comics was part of a vast conspiracy determined to corrupt our children with "unwholesome themes and exceptionally sensually alluring images." Several Bible verses were quoted. Strangely, the letter was reprinted a few days later. When Castillo asked why such a spiteful letter was printed twice in the same week, the paper's editor assured him that it was an honest mistake. Then he printed it again.
The letter soon found its way into the Dallas PTA newsletter, where the editors added a note about Keith's being "under investigation." Fearing the worst, Castillo contacted the Comic Book Legal Defense Fund, a nonprofit anti-censorship organization that assists artists and retailers involved in free-speech cases. The CBLDF said they would keep an eye on it.
A few weeks later, an unassuming man walked into Keith's and asked for a copy of Demon Beast Invasion #2, a particularly graphic Japanese horror comic featuring explicit scenes of women being raped by tentacled monsters (something of a theme in Japanese porn). The book was kept behind the counter in a special "Adults Only" section. Castillo checked the man's ID, rang up the sale, and told him to have a nice day. The next morning, three Dallas police officers entered the store and arrested Jesus for promoting obscenity.
The CBLDF agreed to take Castillo's case. During the trial, they produced a string of expert witnesses, including Understanding Comics author Scott McCloud and Dr. Susan Napier, professor of Japanese Literature and Culture at the University of Texas. McCloud and Napier argued that, while the book is certainly graphic, it has literary value and is therefore not legally obscene. They talked at length about the popularity and variety of comics in Japan, and argued that it was unfair to judge Demon Beast Invasion, a multi-part serialized story, by looking at a single chapter, no matter how "offensive" that chapter may be. The defense pointed out that Castillo acted responsibly, and that at no time was the material available to minors.
The state of Texas produced no rebuttal witnesses, their only witness being Craig Reynerson, the undercover cop who purchased the book. Nor did they use the "Miller Test" - a standard process used to determine obscenity - to question the book's artistic merit. Instead, they relied entirely on Reynerson's testimony and the D.A.'s closing argument, which reads like a really hateful episode of "Matlock."
The prosecution urged jurors to use their "common sense" in determining whether the material was in fact intended for children, despite the "Not For Children" label on the book's cover. "I don't care what type of evidence or what type of testimony is out there," said the lead prosecutor, "Comic books ... are for kids. [The material] is put in a medium, in a forum, to directly appeal to kids. ... We're here to get this off the shelf." The D.A. also used the store's location - a quarter mile mile from an elementary school - as further proof that Keith's was attempting to subvert the youth of Dallas. When the defense pointed out that an adult video store was operating even closer to the school, selling material that made Demon Beast look downright tame, the prosecution responded with, "Well, we may have to look at them, too."
It took the jury only four hours to find Castillo guilty.
After two lengthy appeals, both of which were denied via postcard, the CBLDF has decided to appeal the case to the United States Supreme Court, a first for the organization. "It's shameful that Jesus is facing these charges for responsibly selling adult material to an adult," says CBLDF Director Charles Brownstein in a statement on the Fund's website (www.cbldf.org). "While it's anyone's guess whether the high court will hear the case, it is our responsibility to this industry to take this fight as far as we can."
