The Comic Book Legal Defense Fund filed motions in the Gordon Lee case on Tuesday, arguing that the case should be dismissed because of prosecutorial misconduct, and because the law under which Lee was charged is unconstitutional. 

The prosecutorial misconduct motion stems from the fact that prosecutors in the case dropped the charges on the eve of trial and refiled, changing the facts they'd been alleging for over a year (see 'Charges Against Gordon Lee Dismissed').  According to the statement released by the CBLDF on Thursday, the motion listed several reasons why the district attorney is guilty of prosecutorial misconduct:  the district attorney knew, or should have known for approximately one and half years that the allegations in the indictment were false; the district attorney allowed untruthful testimony to be presented to the grand jury, under oath; and the district attorney did not tell Lee's counsel until the day before the trial that the allegations in the indictment were untrue, after much time and expense was incurred in bringing out of state witnesses to Rome, Georgia for the trial. 

The prosecutorial misconduct motion asks the court to dismiss all charges against Lee, to issue an order finding that the prosecutor committed prosecutorial misconduct, and to order the district attorney to produce all statements considered in bringing the charges which they now admit were false. 

A separate motion argues that the case should be dismissed because Georgia's 'harmful to minors' statute, under which Lee was charged, is unconstitutional for a number of reasons:  the depictions are not obscene and are protected by the First Amendment of the U.S. Constitution; Georgia has no legitimate interest in banning non-obscene, non-sexually explicit nudity to minors under due process; other materials with non-sexually explicit nudity are distributed to minors throughout the county without being prosecuted, which violates due process; and the law is arbitrary, capricious, overbroad, and vague. 

A motions hearing is scheduled for June 15th.