At a hearing today in Staunton Circuit Court, the pending obscenity trial of Manassas-based adult video retailer Rick Krial got some legal star power, despite the prosecutor’s attempt to block famed First Amendment lawyer Paul Cambria– most famous for representing Hustler publisher Larry Flynt since he was first brought up on obscenity charges in the ’70s.

Staunton Commonwealth’s Attorney Ray Robertson argued that since Cambria represents nearly all of the producers of the videos undercover officers purchased at Krial’s store, After Hours Video, Cambria could not provide his client unbiased advice.

“How in the world can the defendant respond to my plea offer, which would require him to testify against his distributors, if the attorney advising him is representing the distributors?” Robertson asked in court.

Cambria responded by stating that Krial’s decision to reject Robertson’s plea deal happened well before he entered the picture. “I didn’t have anything to do with advising him,” said Cambria, adding that, “If there was something like that of substance, rather than disqualify me, another lawyer should advise him, and I think Mr. [Tate] Love [Krial’s Staunton-based co-counsel] has filled that role.”

As prosecutor Robertson continued to paint hypothetical scenarios of future plea bargaining, federal investigations, and appeals of guilty verdicts, Judge Humes Franklin Jr. asked Robertson no less than four times, “Where are your facts?”

To this, Robertson pointed to the possibility that parties in the porn industry other than Krial were paying Cambria’s hefty fees. The judge, however, pointed to a sworn affidavit in which Krial states he alone is paying Cambria.

“How does he know?” asked Robertson, as Cambria rolled his eyes and shook his head.

“He’s paying; he ought to know,” replied the perturbed judge. “That’s almost like saying ‘What does know mean?’ It’s on the face of it.”

Following the hearing, Cambria told reporters he’s looking forward to arguing Krial’s case in the Shenandoah Valley town.

“There’s so much culture here, and it’s a sophisticated city, and sophisticated people are not afraid to make choices,” said Cambria. “Anytime a person’s ability to make a choice is on the line, it’s worth it to lend whatever competency you have.”

Should pretrial proceedings move along as scheduled, Cambria said Stauntonians can expect the case to go to trial around Valentine’s Day, as he smiled and added, “an appropriate day.”

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