Bent Corner

The trial for Georgia comic book retailer Gordon Lee is scheduled to start Monday. Lee will stand trial for two (2) misdemeanor counts of of distributing harmful to minors material. The charges stem from a Halloween 2004 incident in which Lee handed out copies of ALTERNATIVE COMICS #2, an artsy comic featuring both female and male full frontal nudity and language of a sexual nature to children.

The case has drug on for three years. The Comic Book Legal Defense Fund is managing Lee’s defense and has already gone through $80,000 defending Lee. They plan on spending at least another $20,000. That’s a lot of money for two misdemeanor counts. Especially when it is money that has been donated by comic book readers.

If Lee is convicted on both misdemeanor counts, he faces a maximum sentence of up to two years and $2,000 in fines. In a perfect world, this case would have ended along time ago with a simple plea bargain. The problem with that is Lee doesn’t seem to feel as though he did anything wrong. He has equated this comic book to the Sistine Chapel and even the Bible. Also, the The Comic Book Legal Defense Fund is managing Lee’s defense. They have a not-so-public policy of only taking on cases where the defendant agrees not to accept a plea deal in exchange of a lessor penalty.

I think this policy is dumb. It makes cases drag on a lot longer then they should and cost a lot more money then they should. This dumb policy is the reason I refuse to give any more money to the Comic Book Legal Defense Fund.

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Though I am willing to apologize for this particular art book getting in the hands that found it offensive, I will adamantly agree that the book is not ‘harmful to children’ or ‘obscene.’ In my opinion, this book is no more offensive then viewing the beautiful paintings of the Sistine Chapel or reading one of the best selling books with stories of sex, lust and nudity known as the Bible.”

Gordon Lee February 07, 2005

What does the Sistine Chapel have in common with a comic where a nude Pablo Picasso is shown telling some naked chick to “Drink Penis“?

Georgia comic book shop owner Gordon Lee will be getting is day in court this week. I think I blogged about this case once or twice. I even got into some lively arguments about it on Newsarama. The Comic Book Legal Defense Fund (CBLDF) has spent a whopping $80,000 on the case and they are planning on spending yet another $20,000 before it is all over.

To read about the specifics of the case, you can go here.

The trial was scheduled to begin yesterday, but it had to be postponed due to a malfunctioning air conditioning system in the courthouse. Evidently justice is a dish best served cold. I seem to remember seeing old movies that take place in southern courtrooms. You see everyone sitting around in white linen suits fanning themselves with paper fans as slow moving ceiling fans oscillate overhead. Those were the days.

My feelings about this case are quite different then most comic book nerds. Imagine that. Though I don’t think Lee should go to jail, I do think he did the wrong thing when he allowed an adult themed book to get into the hands of a 6-year old.

I also think the CBLDF’s participation in this has actually exacerbated the case. In a perfect world, this case would have ended a long time ago with a plea bargain that included no jail time and maybe a $100 fine. Lee made a mistake, but it wasn’t the end of the world. Because the CBLDF is running the case, there can be no plea bargain. They have a policy of only taking on cases where the defendant agrees beforehand not to accept a plea bargain. Because of this, cases must either be dismissed outright by the prosecution or they must take the case to trial.

If a defendant does not agree to this no plea bargain condition, the CBLDF will not take on the case.

The CBLDF exists to defend against censorship of comic books. What happens if nobody is actually trying to censor comic books? We see them put all their resources into cases such as this.

Update: Not so fast. The trial has been postponed yet again. This time the judge is feeling ill.

“Though I am willing to apologize for this particular art book getting in the hands that found it offensive, I will adamantly agree that the book is not ‘harmful to children’ or ‘obscene.’ In my opinion, this book is no more offensive then viewing the beautiful paintings of the Sistine Chapel or reading one of the best selling books with stories of sex, lust and nudity known as the Bible.”

Gordon Lee
February 07, 2005

“The first sentence in the comic book reads: ‘Brace yourself for a sex and absinthe fueled journey into one of the most exciting period in modern history.’ That’s not appropriate for a nine year old kid. I think that’s a no-brainer.”

District Attorney Leigh Patterson
February 10, 2005

Gordon Lee is a comic book retailer in Georgia. He is currently facing two misdemeanor counts of Distribution of Harmful to Minors Material, each carrying a penalty of up to one year in prison and up to $1,000 in fines. The charges stem from a Halloween 2004 incident in which Lee handed out an anthology comic featuring both female and male full frontal nudity to children.

He doesn’t appear to believe he did anything wrong. He insists that the book is not obscene or harmful to a minor. Though I don’t know if it’s actually obscene, I have no doubt that its not suitable for children. I disagree with Lee when he states that it is similar to the beautiful paintings of the Sistine Chapel.

Has he ever seen the Sistine Chapel?

The book Lee gave the kids (ages 6 & 9) not only shows full frontal nudity, it contains a reference to masturbation. In one panel, it even shows what appears to be an erect penis. There seems to be a difference of opinion whether the penis is actually erect or not. I would argue that if the issue must be debated, the book is not suitable for a child.

Compounding the problem for Lee is that he was convicted of selling pornography in 1993. I would think someone who had been convicted of selling pornography once before would be hyper-vigilant in not doing things like accidentally giving free comics that feature dick pictures to kids.

I honestly don’t understand just how his lawyers expect to defend his innocence in this case. The jury won’t be deciding if the law is valid or not, they will be deciding if Lee broke that law or not. The jury has to consider only the facts of the case, not the merits of the law. Arguing the merits of the law is something that should be brought up in the appeals, not the actual criminal case in front of the Georgia jury.

Do they honestly think a southern jury will have a hard time with a law that prohibits distributing porn to children?

Lee can claim that the comic was no more obscene then the Sistine Chapel or the Bible. The problem is the jury will be looking at the actual book Lee gave the two kids. I doubt many of them will see similarities to the Sistine Chapel or the Bible. I think he is going to have a hard time finding a sympathetic jury in northern Georgia. Especially when he seems to feel he did nothing wrong.

It would be one thing if Lee admitted it was a bone head mistake and apologized for his mistake. He’s not really doing that.

The Comic Book Legal Defense Fund (CBLDF) has already spent $80,000 on this case and expects to pay even more. They are urgently trying to raise more money. Like a lot of comic book nerds, I’ve donated money to them in the past. I don’t think I will be doing so again. Not this time.