Judge declares mistrial over child sex trafficking references in case against founders of backpage.com
A federal judge has declared a mistrial in the legal proceedings against the founders of the now-defunct classified website, backpage.com, noting prosecutors unfairly tainted the jury with repeated references regarding child sex trafficking rather than focusing on the actual charges filed against the suspects, which include facilitating prostitution and laundering money
Judge Susan Brnovich for the U.S. District Court for the District of Arizona on Tuesday said that the mention of child sex trafficking by both prosecutors and witnesses brought forward by the government “is something that I can’t overlook and will not overlook.” She noted at the start of the trial she granted prosecutors permission to present evidence suggesting that people were trafficked through the site, but would not allow them to linger on the details of the abuse suffered by victims.
“It seemed the government abused that leeway,” Brnovich said. The judge noted one government witness testified about being raped more than once, which raises a “whole new emotional response from people.”
Former Backpage.com owners Michael Lacey and James Larkin, as well as four other company employees, have been accused by federal prosecutors of intentionally selling ads for sex on the website. All six have pleaded not guilty to charges of facilitating prostitution while four of the defendants — including Lacey and Larkin — also pleaded not guilty to money laundering.
Lacey and Larkin, founders of the Phoenix New Times, maintained ownership interests in other weekly outlets including The Village Voice, but ultimately sold their newspapers in 2013. The pair held onto backpage.com, however, which authorities have said generated $500 million in prostitution-related revenue since the day it was launched in 2004 until April 2018 when it was shut down by the government.
Authorities said operators illegally funneled nearly $45 million through multiple companies and created websites to get around banks that refused to process their transactions.
Both Lacey and Larkin have repeatedly denied the classified site allowed ads for sex, claiming both people and automated technology were used to delete and prevent such posts from circulating. They both have additionally argued that the content on backpage.com should be protected by the First Amendment, noting that the site also helped authorities investigate sex trafficking cases, which earned them high praise from law enforcement
Prosecutors meanwhile have contended that Backpage’s operators intentionally ignored warnings to stop featuring prostitution ads, including several involving children. The site’s moderation efforts were aimed at concealing the illicit activity, not preventing it, they said.
The pair are also accused of providing free ads to prostitutes and cultivating arrangements with others who worked in the sex trade in a bid to get them to share ads through the company. Attorneys said this practice included seeking out and identifying prostitutes through google searcher, who in turn were offered free ads.
The site’s marketing director previously pleaded guilty to conspiring to facilitate prostitution and acknowledged he participated in a scheme to give free ads to prostitutes to win over their business. And back when the government shuttered the site, the CEO of the company, Carl Ferrer, stepped down and pleaded guilty to a separate federal conspiracy case in Arizona and to state money laundering charges in California.
The judge has scheduled an Oct. 5 status hearing.
With News Wire Services
