The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Tuesday, January 31, 1995              TAG: 9501310323
SECTION: LOCAL                    PAGE: B6   EDITION: FINAL 
DATELINE: VIRGINIA BEACH                     LENGTH: Short :   39 lines

BOOKSTORE OWNER PLEADS GUILTY

A corporation that owns 17th Street Books agreed to a $250 fine Monday in return for pleading guilty to possessing obscene items with the intent to distribute them.

The bookstore, owned by T & U Books, was caught up in a sweep organized by the commonwealth's attorney's office last March. Police seized sexual aids from six stores after citizens complained.

The corporation, which originally faced up to $27,500 in fines and forfeitures, agreed to pay a $1,250 fine, with $1,000 suspended. In addition, the company agreed to pay court costs of $76.50, for a total of $326.50, according to the plea agreement.

The corporation was the third of four defendants in the sweep to enter into a plea agreement. The fourth case is pending.

Originally, the commonwealth's attorney's office had demanded the corporation forfeit $15,000 of merchandise seized in the sweep, said defense attorney Paul M. Lipkin.

``We said `No. We'll agree not to sell in Virginia Beach, but we want the merchandise back,' '' Lipkin said.

Next, prosecutors offered a $2,500 fine with $2,250 suspended, five years of good behavior and a stipulation from the defense that the merchandise was obscene.

``We said no,'' Lipkin said.

Finally, the defendant agreed to pay the fine on the condition of good behavior for two years, and prosecutors agreed to return the sexual aids if the corporation promised not to sell them in Virginia Beach.

KEYWORDS: OBSCENITY ARREST TRIAL

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