re: Charges Dropped against Minnesota State HC on child porn

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In her ruling dismissing the charges, District Court Judge Krista Jass said Hoffner can only be heard saying, “Wow. Are you guys done,” and, “Is the show over.” “At no time during either video does (Hoffner) direct the children’s actions; in fact, all of (Hoffner’s) statements on the videos are of a passive and inquisitorial nature,” Jass said in a memorandum explaining her order. “The camera never zooms in on any child or any area of any child. The focus of the videos is the children, generally, and not their genitalia. The children appear happy and playful in both videos.” Fleming also said Assistant Blue Earth County Attorney Mike Hanson allowed the videos to be taken out of context as the case progressed. He pointed out that Hanson used a well-known legal quote that U.S. Supreme Court Justice Potter Stewart used in a 1964 decision about obscenity. Whether or not Hoffner’s videos were illegal depended, in part, on them being obscene or lewd.

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