STAUNTON, VA — Staunton, VA is a bastion of small-town Americana. Commonwealth’s Attorney Ray Robertson — who describes himself as a lifelong Democrat who believes in “liberal causes,” enjoys Michael Moore’s documentaries and respects Hugh Hefner — wants to keep it that way. In a nutshell, that’s why he has charged Manassas-based businessman Rick Krial — whose employees call him down-to-earth, responsible and soft-spoken — with enough obscenity counts to send him to prison for 80 years.Krial owns After Hours Video, an adult store that opened in Staunton in October. According to those who’ve been there, the store “fits” the community: It’s clean and subdued, well-lit, stocked with a variety of hardcore videos and novelty items that range from the sublime to the ridiculous, and employs clerks who are scrupulous about verifying customers’ ages.
According to employees, the store’s owner also is scrupulous about what kinds of material he will sell.
“There will never be a legitimate adult business that will carry anything illegal,” a cashier named Tom told The Hook, a Charlottesville, VA-based weekly newspaper. “These people make money, and they’re not going to jeopardize it because some perverts want to watch some sick shit. Everything we sell is completely legal.”
Robertson disagrees. In fact, he may be said to have what a less genteel person would call a “hard-on” for pornography.
“It increases prostitution, pimping, sexual deviation, teenage pregnancy,” he insisted to The Hook. “People who watch that stuff sometimes turn to child molestation. It desensitizes rape as a crime, it undermines family values, it brings an influx of people into the community who may be undesirable, it increases traffic in illegal drugs, and it’s an attack on the basic dignity of man.”
While he said he “would never go after” adult materials with the “political and artistic value” embodied by Playboy, what After Hours stocks is exactly the kind of thing that’s bound to get residents of his town in serious trouble, in Robertson’s view.
“I’m going after things that are just one wretched sex scene after the next,” he said just before launching into a fairly graphic description of the kinds of materials he considers obscene. “I’m going after things like double-penetrating women, slamming them in both orifices, multiple strangers ejaculating on the faces of women. That’s what these movies are about. They have no artistic value, and I’d be hard pressed to find a jury around here not to find that obscene.”
Krial’s attorney, the legendary Paul Cambria, countered with, “This is the typical male-female adult entertainment that can be seen on cable, satellite, or a computer. It’s garden variety.”
The After Hours case will not be the first time Cambria has set foot in a Virginia courtroom to battle obscenity charges. Several years ago, he defended a client in Manassas against similar charges, and he prevailed. The DVDs in that case were comparable to what undercover police officers seized from After Hours, he said, so he’s confident a Staunton jury will acquit Krial. After all, Cambria already surmounted one hurdle on his client’s behalf when a judge declined to grant the prosecution’s motion that he be removed from the case because his representation of adult video studios like Vivid, VCA and Wicked could represent a conflict of interest.
“Adult entertainment is a personal choice, and millions upon millions of adults make that choice every day,” Cambria told the Staunton News Leader. “This isn’t a matter of a handful of perverts making that choice.”
Both Cambria and the local chapter of the American Civil Liberties Union have wondered aloud whether Robertson doesn’t have something better to do with his time, considering Staunton, for all its wholesomeness, has weathered some serious criminal activity lately.
According to Tom, “We just had a violent robbery over at the Stonewall Jackson Hotel; a young boy just got shot downtown; the 7-11 got robbed; there’s a big meth problem here. I saw six homeless guys huddled on one street corner the other night, and yet this prosecutor says he wants to go after porn.”
About that, Robertson said, “I agree that I have bigger fish to fry, and I fry those fish everyday. Most of what I deal with are gangs and drugs. I’ve got a rape jury trial coming up.”
He also said he feels assigning only one prosecutor to the After Hours case — himself — indicates it’s not his top priority. It’s important nonetheless, he said.
Not everyone in town agrees: A petition on After Hours’ front counter on Thursday held 1,600 signatures supporting the store. Even other businesses don’t understand Robertson’s crusade.
“It’s asinine,” David Fischer, owner of a small chain of music and video stores, told The Hook. “It’s a waste of time. [Robertson]’s going to make the town look bad, and he’s going to look like a fool.”
Prior to the uproar over After Hours, Fischer had a small section of X-rated DVDs for rent at one of his stores. He said he got rid of them because of concerns about image, not because he worried about being indicted for obscenity. Angie Berry, owner of a gift and card shop in Staunton, stopped selling phallic pasta, edible body lotions, and candy panties after a few customers complained.
“None of it was pornographic in any sense, but I feel like the people who were most upset with it were also the most vocal,” she told The Hook.
Still, she said, she may go sign the petition at After Hours and re-stock the “naughty” merchandise as a small act of civil disobedience.
Even the Staunton News Leader has lampooned the prosecutor in a series of editorial cartoons featuring Robertson’s alter ego, “Porn Man.”
Ironically, After Hours should have its day in court on or about February 14th, 2008.
