Some charges dropped against duo over animal-torture videos

Brent Wayne Justice, 51 (DOB: 7-7-61), of Houston, is charged with felony cruelty to non-livestock animals. Brent Wayne Justice, 51 (DOB: 7-7-61), of Houston, is charged with felony cruelty to non-livestock animals. Photo: Houston Police Department Photo: Houston Police Department Image 1 of / 3 Caption Close Some charges dropped against duo over animal-torture videos 1 / 3 Back to Gallery

Animal rights officials are outraged over a judge's decision to drop some federal counts against a Houston couple who allegedly videotaped the torture of several pets in 2010.

U.S. District Judge Sim Lake on Wednesday cited First Amendment concerns in dismissing five federal counts against Ashley Nicole Richards, 22, and Brent Justice, 51, accusing them of creating and distributing "animal crush videos."

The couple still faces two federal counts in the indictment, for selling or transferring obscene matter, and production and transportation of obscene matter, according to court records. The remaining counts state "that it's illegal to produce or distribute obscene materials or to make your living distributing obscene material," said Justice's court-appointed attorney, Philip G. Gallagher.

In his decision, Lake ruled that a section of the law "abridges (diminishes) the freedom of speech protected by the First Amendment to the U.S. Constitution."

The case marks the first prosecution under the federal Animal Crush Video Prohibition Act of 2010, which was passed by Congress and signed by President Barack Obama, according to Richards' attorney, Joyce A. Raynor.

The law prohibits photographing or videotaping "in which 1 or more living non-human mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious body injury."

The seven-count federal grand jury indictment accused Richards and Justice of using meat cleavers and other knives to torture puppies, chickens and kittens, and videotaping the alleged abuse for sale on the Internet in so-called crush videos.

Last August, state prosecutors said in court that throughout 2010 Richards received emails from clients who offered to pay her to provide them with videos of tortured animals for their sexual gratification.

Investigators seized multiple videos made by Richards and Justice of various animals being tortured. In one of the videos, Richards allegedly stomped on a cat's eye with a shoe heel.

The videos allegedly were recorded at a location on Forum Park Drive in Houston.

Stephanie Bell, associate director of cruelty investigations at People for the Ethical Treatment of Animals, called Lake's decision "extremely disappointing."

"Our hope is that the U.S. attorney will appeal the decision and that the appellate court will overturn this decision," Bell said. "We believe it's a good law and that it is constitutional."

Stacy Fox, spokeswoman at the Houston SPCA, echoed her sentiments.

"We have the greatest respect for the court but are disappointed and believe they are in error," Fox said. "Torturing innocent animals and videotaping their deaths is a crime."

Angela Dodd, spokeswoman at the U.S. Attorney's Office in Houston, said her office is weighing its options in light of the judge's decision.

"We respect the court's ruling and are considering our legal options," Dodd stated in an email. "As this is a pending matter, beyond that, we cannot comment further."