Posted: Dec 21, 2010 11:14 PM by John Romero
Updated: Dec 22, 2010 6:33 AM
Phillip Greaves, the author of the controversial "Pedophile's Guide to Love and Passion" says he's not in the wrong after he was arrested at his Pueblo home and extradited to Florida on felony obscenity charges. "I was not the one who solicited the material to be sent to Florida. And I think Florida law is for Floridians. Colorado law is for Coloradans." he says.
Undercover officers from the Polk County Sheriff's Office bought the book from Greaves. When it crossed state lines it became illegal they claim. Some say it was entrapment. Defense attorney Dennis Hartley says not so fast. "The police have to induce you to do something that you otherwise wouldn't do through a threat or some other trickery. That's entrapment." he explains, "This isn't entrapment."
Former El Paso County prosecutor Dave Webster agrees and says because the book has no pictures in it, obscenity is a tough charge. This could be a matter of 1st Amendment rights. "For the writing of the book, even if it's incredibly distasteful there's going to be protections under the constitution for that as well." he says. Hartley echoes that, "Do I agree with what he's trying to get across? Not at all." he says "But he might have the right to do it."
What it all adds up to is a tough charge to prove. "Whether this guy has over stepped the bounds or not, I don't know." explains Hartley, "My gut tells me that's a hard one to over step." What it's going to come down to is what the Polk County District Attorney's Office thinks. Webster says in his experience as a prosecutor, they likely wouldn't have touched this case. "They can get him extradited all the way down there, submit this to the district attorney and the DA turns around and says are you kidding me? There's no case here and I'm going to dismiss it." he says. Greaves will go before a Polk County judge on Wednesday.