The video that Hamilton County Sheriff Simon Leis Jr. thought was so disgusting that Shawn Jenkins was arrested for selling it had a different impact on a juror Tuesday -- it put him to sleep.
The sleeping juror and at least two others who averted their eyes when the video was played caused the judge to declare a mistrial today, the second mistrial in this case.
Hamilton County Common Pleas Court Judge Richard Niehaus sent the 12 jurors and one alternate sitting on Jenkins' pandering obscenity case home early Tuesday, then told them today the trial was over.
"Justice is blind to the influence of bias and prejudice but justice cannot be blind to the evidence," Niehaus said today in throwing the case out.
Both Jenkins' attorneys and assistant prosecutor Brad Greenberg complained Tuesday after the video -- Maximum Hardcore Extreme, Vol. 7 -- that the male juror was sleeping during its showing while an elderly female often averted her eyes from scenes.
The videotape -- which shows the use of a gynecological tool known as a speculum to "stretch orifices to the extreme," Guy testified Tuesday -- was deemed obscene and Jenkins, the store owner, was arrested for pandering obscenity.