On break at the #Backpage trial and attorney for James Larkin, Mr. Thomas Bienert, has Just finished his opening statement for the defense in which he turned the prosecutions opening statement on its head calling the prosecutors “deceptive” 1/
And explaining how all of the ads that the prosecution displayed previously on September 3 involved legal content. 2/
In regards to the adult ads that appeared on Backpage along with millions of other ads for various Mundane products/services like couches, antiques, jobs, etc., Bienert described what he called the Lacey and Larkin method 3/
In which, legal speech was allowed to be posted according to Backpage policies versus illegal speech which was not allowed to be posted 4/
Bienert went through several significant court cases which told Lacey, Larkin, and their 4 codefendants that what Backpage was doing was legal and protected by the #FirstAmendment and by section 230 5/
Bienert went through a number of Attaboys from law-enforcement thanking Backpage for helping to track down violent offenders and save trafficked women and children 6/
Quote from Beinert: “ mr. Jones (One of the prosecutors) never showed a single ad that was an illegal ad on its face“ 7/
Bienert discussed how a photo of a scantily clad woman or ribald language in an ad does not make it illegal on its face, nor are the defendants responsible for any legality that might take place after the fact 8/
Quote from Beniert: “ controversial does not equal illegal.“ 9/
Bienert also discussed Lacey and larkins’s history of being first amendment warriors and described a little bit of the history of the @phoenixnewtimes, which they founded in 1970 as an anti-establishment paper. 10/
Going back into court now after break. Will have more updates around lunchtime.11/11

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More from @stephenlemons

11 Sep
Court out in the Lacey Larkin Trial just a few minutes ago. After the Young woman left the stand her mother took the stand. And basically just discussed her activism trying to get a law in Washington state passed to require in person ID for any adult online activity 1/
That law, which was passed, actually was found to be unconstitutional and was overturned. Under questioning the mom had to admit that the law would’ve applied to a lot of different websites including google Twitter etc. any website they might have adult content on it 2/
In other words it was a dangerous law. And you know why it was overturned? Because Backpage challenged it. The mom was also asked about this supposed quote from Lacey where she says he looked at her and referred to her and the people she was with as yahoos. 3/
Read 23 tweets
10 Sep
On a break at the Lacey Larkin Trial. Attorney for Jim Larkin, Whitney Bernstein, did a very effective cross examination of the woman who said that she was trafficked and that ads of her appeared on #Backpage, posted either by herself or by her trafficker. 1/
This was during a time where she had run away from home during several months in 2010. Bernstein established that the witness, A tall thin woman with long red hair in a black pantsuit, had never met or communicated with any of the defendants. 2/
I am not using her Name here because she was trafficked and the persons who trafficked her are in prison, save for a female trafficker who has never been found. 3/
Read 11 tweets
10 Sep
LaceyLarkin and Trial just broke for lunch after the tearful testimony of a young woman who was trafficked out in early age she had three pimps during a time where she had run away from home twice 1/
I’m not going to use the woman’s name because she obviously was victimized by somebody when she was age 15 and 16. My caveat would be that she was not victimized by Michael Lacey or Jim Larkin or any of their four codefendants 2/
Attorneys for the defense fought to keep this testimony out, because it does not relate to any of the underlying 50 ads in the indictment 3/
Read 14 tweets
10 Sep
On a brief break from court at the Lacey and Larkin Trial. Most of this morning has been taken up with the cop from California who basically is reading from what he says are old ads that appeared on #Backpage 1/
The cop explained how he posted an ad for a nonexistent sex worker in The Sacramento Section of Backpage under escorts. And he also posted an ad for a green couch under the furniture section of the Sacramento Backpage 2/
Guess which one got more responses? Drumroll please. The escort. No surprise there. He said he only got one call on the couch. Granted the couch didn’t look like very much. 3/
Read 9 tweets
10 Sep
Back to federal court in Phoenix for the #LaceyLarkinTrial. Scuttlebut is codefendant who was feeling unwell yesterday did not test positive 4 Covid, but court has yet to verify this. ICYMI, please watch @morganloewcbs5's recent piece on #Backpage 1/
In it, Loew explains that the federal government admitted Backpage's takedown in 2018 hurt its ability to find and rescue endangered women and minors. Backpage was a goldmine of info for the FBI and other LEAs & responded to subpoenas w/in 24 hrs. Less if need be.2/
Adult-oriented ads have since migrated overseas to platforms that do not recognize U.S. subpoenas or feel any need to cooperate with U.S. LEAs. As are result, women and marginal communities are less safe. 3/
Read 6 tweets
9 Sep
Court in the #LaceyLarkinTrial recessed 20 minutes ago. In the Last hour, after the jury had been dismissed for the day, a fight broke out between the prosecution and the defense with defense lawyer Whitney Bernstein who represents Jim Larkin bringing up the infamous DOJ memos 1/
These are DOJ memos from 2012 & 2013 which argued #Backpage should not be prosecuted in large part because Backpage was helpful to law-enforcement the in tracking down trafficked victims. The memos also discussed difficulty of determining the age of a female depicted in the ads2/
These memos are out in the public.@WIRED magazine first mentioned them in a 2019 article, and @ENBrown of @reason published the entirety of the memos shortly thereafter. 3/
Read 18 tweets

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