"Some sex is now out, other sex is still in at David Brooks' trial." So begins the latest story in the ongoing trial of former leading Standardbred owner and breeder David Brooks in New York in Newsday.
The federal judge overseeing the trial ruled earlier this week that she will order the jury to disregard testimony regarding Brooks buying several thousand dollars worth of adult videos online for his son.
However, Judge Joanna Seybert will allow other previous testimony that stated Brooks spent up to $9,000 at a time to pay for prostitutes for himself, board members and employees. The money allegedly coming from his former body armor company DHB Industries which Brooks is accused of defrauded for $190 million.
The judge's rulings came after Brooks' attorneys moved that the introduction of such "salacious" material was highly prejudicial. The judge determined that the adult videos were paid for with funds Brooks was entitled to, although they were supposed to pay for his Florida home, Seybert said the money was for Brooks to spend as he saw fit.
Brooks' lawyers attempted unsuccessfully to obtain a mistrial due to the government's introduction of the salacious material writing: "If Mr. Brooks thought [prostitutes'] services could motivate his employees and make them more productive for the company [however offensive to investors that practice may have been], it is not evidence of looting for his own personal gain."
The prosecution responded that they have shown restraint in what they have introduced not mentioning a number of alleged illegal activities including "illegal doping of his racehorses."