DA decides to drop obscenity case against bookstore clerk

Thursday, March 2nd 2000, 12:00 am

By: News On 6

TULSA, Okla. (AP) -- The Tulsa County District Attorney has reversed an earlier decision to proceed with the prosecution of a former bookstore clerk accused of selling obscene material in an issue of Penthouse magazine.

After another clerk was acquitted on a similar charge in December, DA Tim Harris had vowed to press on with the case against William Gregory, 30. He apparently changed his mind and made the announcement Wednesday.

"I still think the material that was in those Penthouse magazines is obscene," Harris said. "But after looking at what the jury did in the other case, I'm going to accept that the community has spoken."

Harris also said he dismissed the charge against Gregory because the bookstore where he worked is now closed. Gregory's trial was set for April 10.

Bob Guccione, publisher of Penthouse magazine, paid most of the legal bills for Gregory and Darrell Penn, the other clerk. He said Tulsa prosecutors should "be ashamed" for filing the case.

"We believe that no one should ever be arrested in America for selling a constitutionally protected periodical," Guccione said. Gregory's attorney, John Coyle III of Oklahoma City, said he hopes the dismissal "closes a sad chapter in the history of censorship in America."

Gregory worked at Affinity News when police arrested him Nov. 5, 1998. He was charged with selling obscene material and three drug counts. The drug charges were dismissed last year when a judge ruled that evidence supporting them was inadmissible.

Gregory is working in sales in Tulsa, Coyle said.

Penn, 33, was arrested the following day by Tulsa police after selling an issue of Penthouse magazine to two undercover officers at Whittier News Stand in Tulsa. He was acquitted of selling and delivering obscene material.