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Even more interesting
These videos had been purchased by confidential informants after deputies sent them into the store with hundred-dollar bills and instructions merely to "buy pornography." Their content was actually far richer in plot and documentary value under the "third prong" of the Miller test (relating to "serious value") than a random selection from the racks and bins of a normal adult retail establishment would be expected to yield.
However, still employed at the store and facing allegations that she had violated the terms of her probation for continuing to work at the store, which was deemed "unsuitable employment" by her probation officer, she indicated that she intended to assert her Fifth Amendment privilege against testifying. The State sought and obtained an order for testimonial immunity from Judge Neal, but she still refused to testify unless and until she could confer with her independent counsel. With great tact and apparent restraint, the judge asked her whether she understood that such conduct might have "consequences" to her "liberty," though he said he didn't want to look as though he were threatening her. At that point, the State agreed to let her reach her attorney by cell phone and get advice from him concerning the order. She did so and began to testify, providing the testimony to the State that it needed.
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