Really Need Some Good Advice

[felipesd]

Hi Everyone. I’ve mainly been a lurker on this forum for quite awhile only posting a few times, but I could really use some advice and I’m hoping that I might be able to find it here. I operate a small gay website on a part time basis. It isn’t a big business for me but I enjoy it a lot and it makes me a little extra cash which is great. I have found it difficult to find content that I can legally use on the website so I started producing my own even though I didn’t have much experience with production.

Last year, I was contacted by a very handsome model looking for work. He is an active duty Marine. I made a few videos with him. Meanwhile, he filmed quite a few videos with other studios and seemed to be making a name for himself.

Today, I received a subpoena from Military Justice. Apparently he is being court martialed for doing porn. They are demanding that I turn over copies of his videos and all of my model releases to them to further their investigation. I realize that I probably don’t have any choice but to cooperate with them despite my objections to his prosecution on a personal and moral level.

I’m really worried about this situation for both me and my model who is such a great guy and I could use any advice available.

First of all…. Can I get into trouble for my involvement in this? I wouldn’t think so and the letter I received from Military Justice says that I’m not in any trouble but I’m not sure whether to believe that.

What can I do to help this guy? I’ve already contacted Service Members Legal Defense Network and they say that they can help but I’m not sure if he will accept the help or not. I’m trying to get in touch with him to give him the information but I think he will be hesitant because knowing him he will want to keep this as discrete as possible even to his own harm.

Finally, I’m getting conflicting advice from friends about the possibility of publicizing his court martial. Could making this more public benefit him? I can see how it might or might not. Also, I’m being told that I would be foolish not to publicize this because it would benefit me in a business sense which is a consideration though I wouldn’t want to do anything that causes harm to his situation. At the same time, I realize that I’m not the only studio to receive a subpoena so I expect it will probably be made public by someone.

Any advice or comments would be greatly appreciated……

Thanks,
Phillip

[gaybucks_chip]

Honestly, I would suggest speaking with an attorney on this issue. I'd recommend Chad, but he's no longer taking clients.

I can't imagine the military court would have any issues with you (or any jurisdiction to do anything.) However, if you go after publicity, you might end up attracting attention and scrutiny to your own business, and if you are in an area where the political climate isn't supportive, this might be something that catches the local zoning or prosecutor's attention, if for example, you filmed the content at your home and your home isn't zoned appropriately, or there's anything else they can go after you for.

So... I'd tread lightly and I would consult an attorney.

[basschick]

i'll second that.

my advice? don't take anyone's advice but a lawyer's. there is virtually no chance any of your friends or fellow webmasters have been through anything like this, so anything any of us says is useless and possibly dangerous.

[TropixxxStudios]

As a former member of the military who has been involved with military legal proceedings I would advise you to IMMEDIATELY SEEK LEGAL COUNCIL with an attorney who is versed in the Uniform Code of Military Justice (UCMJ).

Let me make this AS CLEAR AS POSSIBLE:

===========================
Military courts are not bound by the same procedures as federal prosecutors and therefore do not have to obtain approval from the US attorney general before subpoenaing.

A US attorney in a US district court could prosecute civilian witnesses who fail to respond to a military subpoena without a valid reason.
===========================

DO NOT BELIEVE ANYTHING THE MILITARY TELLS YOU...ESPECIALLY IF IT STARTS WITH "YOU ARE NOT IN TROUBLE."

GET A LAWYER NOW.

The best thing you can do to help you model/friend is to get a lawyer so that you do not accidently do something that can hurt his case...or worse yet, land you in jail for something that you accidently have done wrong. UCMJ is complex, unfair, (IMHO unconstitutional) and SPECIAL RULES apply when we are engaged in conflict (like we are now in Iraq.)

Basschick is right, no one on this board can help you at this point.

As far as publicity goes, let the lawyer decide that as well.

Good Luck.

[longboardjim]

I am agreed , consult a lawyer.

jim

[citiboyz]

But, not being in the military himself, is he still subject to the UCMJ? I don't know. I wouldn't just start handing things over until you see an attorney. I'm agreed with everybody else here.

[TropixxxStudios]

But, not being in the military himself, is he still subject to the UCMJ? I don't know. I wouldn't just start handing things over until you see an attorney. I'm agreed with everybody else here.

Yes and no, depending on the situation, depending on the jurisdictional issues, depending on the time of day, depending on the lunar cycle, which is what makes it so complicated and why he should get a real attorney ASAP.



I agree though, I would not just start handing things over, and I should have made that more clear in my post...but I would have gotten a lawyer right away, and I still think that he should too!

[Jasun]

To my knowledge, nothing had ever happened to someone who shot porn featuring military service personnel. If it had, my friend Dink Flamingo would be in the slammer.

You didn't do anything wrong.

Yes, contact a lawyer since I don't think you should have to turn over your stuff, but you may have to... Your lawyer will be able to explain that.

[sc32803]

On the other issue of whether or not to publicize this on your site it sounds like you want to do the right thing so why not contact the model and ask him what his preference would be? Maybe you can offer to give a percentage of sales to his legal fund?

I also just want to say that it makes me feel very safe to know that our military is going after guys like this. It must mean that they've eliminated all the terrorists in the world.

[felipesd]

Hi everyone. Thank you so much for your replies. I will definately take your advice and seek out an attorney on this issue. I realize that this could be very serious. I did get in touch with my model and I think I've got him hooked up with someone who can help him through this. Now I just need to work on getting an attorney to make sure that I am protected as well. I will post an update if the situation changes. Thanks again I really do appreciate your feedback.....

[TropixxxStudios]

Hi everyone. Thank you so much for your replies. I will definately take your advice and seek out an attorney on this issue. I realize that this could be very serious. I did get in touch with my model and I think I've got him hooked up with someone who can help him through this. Now I just need to work on getting an attorney to make sure that I am protected as well. I will post an update if the situation changes. Thanks again I really do appreciate your feedback.....

Good luck, and yes, please do keep us posted.

[chadknowslaw]

A subpoena that has been served on you is binding and you can be prosecuted for not complying with it.

A filed prosecution is public record so you cannot get into trouble by publicly disclosing the existence of it.

If the model was 18 years old (and he had to be if he was active duty) you have committed no crime.

If you want some private advice email me at chadwickaz at yahoo dot com