
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, September 1, 1993                   TAG: 9309010216
SECTION: VIRGINIA                    PAGE: C-3   EDITION: METRO 
SOURCE: Associated Press
DATELINE: CULPEPER                                LENGTH: Short

STORE OWNER CLEARED IN OBSCENITY CHARGE

A jury Tuesday acquitted the owner of a video store of three counts of distributing obscenity for renting three sexually explicit movies.

A grand jury indicted Darrell L. Payne, owner of C&P Video, in April after he rented "Behind Closed Doors," "Deep Throat II" and "Luscious Baker Girls."

The Culpeper Circuit Court jury watched the videos Monday and Tuesday.

"What goes on in people's bedrooms is not at issue," Commonwealth's Attorney Gary L. Close said in his closing argument. The concern for the community rests in the availability of such materials in a Main Street store, he said.

Defense attorney H. Louis Sirkin said the choice of what to watch should be up to video renters. "Let's not be frightened by that human sexual behavior and let's not make it a sin to be interested," Sirkin said.

Sirkin called Dr. Susan L. Vignola, a licensed clinical social worker in Culpeper, to testify about the community's standard for obscenity. She testified the three videos did not encourage a prurient interest in nudity or sexual conduct.

by CNB