Amazon.com - Amazon.com stuff not always legal in KY

Posted on Monday, May 10th, 2010 at 11:42pm CDT by 8169d8f2

Product: Just Bloomed Magazine, drawings by Boris Lopez

Company: Amazon.com

Location: US

URL: http://amazon.com/

Category: Other

Amazon.com displays and holds out a magazine for sale called "Just Bloomed" containing drawings by Boris Lopez of what appear to be nude and partially nude young girls. My client just got a 20 year prison sentence and must register as a sexual offender for the rest of his life, and that magazine was one of the collective exhibits introduced as evidence at his jury trial held April 28 through April 30, 2010 in Benton, Marshall County, KY. The case is Commonwealth of Kentucky vs. Michael C. Dumas, he will be sentenced on May 17, 2010 and we plan to appeal. But my concern here is how is it Amazon.com is allowed to make money by selling that magazine to Kentucky residents but Kentucky residents go to prison and have register as a sex offender for having that magazine in their house yet Amazon.com apparently pays no consequence for it at all? Apparently that magazine is not legal in the state of Kentucky. Why isn't there any warning about that on the Amazon. com page where the magazine is displayed? I have written a complaint to Amazon.com about it, and to the Kentucky Attorney General's office which is the very same office that prosecuted my client for having that magazine in the first place. They didn't care that it can be obtained from Amazon.com and neither did the jury or the judge, my client has to serve a long prison sentence. I asked their expert witness from the United States Secret Service how people are suppose to know that what they are getting on the internet is illegal in Kentucky and he didn't have an answer to that question and the jury convicted anyway. Amazon.com should not walk away scott free and continue to make money from selling "Just Bloomed" magazines on its site to Kentucky residents, getting away with it just because it is a big outfit doing business on the internet while my client rots in a prison cell for having it in his home along with other images on his computers. There is something wrong with that picture especially when Amazon.com could probably afford a staff of people to determine whether products it sells are legal or illegal in certain states. It does't seem fair especially when the magazine and others like it that it sells on its site (scroll down to the bottom of the Amazon.com page that has the "Just Bloomed" magazine for sale, you will see several more like it) constitute "Matter Portraying Sexual Performance by a Minor" in Kentucky then it seems to me that whoever is making decisions what items to hold out for sale at Amazon.com should be charged with "Distributing Matter Portraying Sexual Performance by a Minor", a class D felony, every time it sells a "Just Bloomed" magazine and magazines like it to a Kentucky resident, especially where there is not a conspicuous warning to consumers that buying that possessing or distributing that item in Kentucky may result in criminal prosecution, a prison sentence and mandatory sexual offender treatment and registration. Sounds like a bitter pill to swallow but I know for a fact my client is sitting in a jail cell right as I write this having to swallow it and on his behalf I know I can say if you live in Kentucky DO NOT buy "Just Bloomed" Magazine containing drawings by Boris Lopez because you will surely get convicted of a felony and go to prison for it in Kentucky.


1 Comment

75448c2f, 2011-01-02, 04:35PM CST

I think it's the buyer's responsibility to know if what they're buying is legal or not, not Amazon's.

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