Nixon found that “although the Government took measures inducing the defendants to mail allegedly obscene materials to Middle Tennessee, the defendants made a deliberate decision to conduct business here [by mailing the materials].” ("see" Miller test)  Toushin defended himself from federal obscenity charges by arguing that his films were “ violent” and did not appeal to a prurient, sick, shameful, morbid or unhealthy interest in sex. He brought expert witnesses to testify that average members of the BDSM community would not have a prurient interest in these films. The experts were psychotherapist Guy Baldwin, Dr. Robert Stoller, Dr. Richard Green, anthropologist Professor Gregerson, gay S/M activists Gayle Rubin, Jim Ward, Geoff Mains, Tony DeBlase, Dr. Andrew Charles, John Rowberry and Barry Douglas from GMSMA. He also argued that the material had scientific value as the films offer insight into violent psychological dispositions or an unhealthy interest in violence. Toushin's attorneys stated that the films present a problem in that they may appeal to an unhealthy interest in violence. However, to convict Toushin for distributing extremely violent films would be a misuse of obscenity law. Judge Nixon had consistently demonstrated his displeasure with the U.S. Government for “attempt[ing] to fabricate venue.” Within 2 hours of the jury exiting the courtroom for deliberation, the U.S. Government approached Toushin's attorneys and offered to settle the case. Toushin pleaded guilty to one count of conspiring to use the U.S. mails to distribute obscene material and the U.S. government agreed to drop proceedings in Utah and Nebraska and to appoint Judge Nixon as the sentencing judge. In August 1989, Judge Nixon ordered Toushin to serve five years probation and fined Toushin's two businesses $250,000 each. The four movies at issue were never confiscated and the U.S. Government did not ask the court to enjoin against their future distribution. Films by Davis Babbitt Films by Toby Ross Classic Bijou Hits