not one person responded to support their position, it was focused on me, not the issue, .../QUOTE]
First of all, I responded with plenty of support - and answered your question.
Jock Sturges was kind enough to respond to a series of emailed questions that I sent to him in preparation for a talk I am proposing to the California Professional Photographer's Association (prophotoca.com). I normally wouldn't do this as I don't know what's "off the record" or "on the record", but I am cutting and pasting his response below. I truly think he wants his story told.
This is less than 48 hours old. If you doubt the authenticity, I will send you the email so you can examine the email headers. I only ask that you respect his privacy should you come across his email address.
He concludes with "don't hesitate to pose further questions." Someone who has nothing to hide doesn't fear investigation.
BTW - guess what "law enforcement" did when my 14 year old received death threats after I sued self-proclaimed pedophile, Jack McClellan?
Nothing.
Here - Jock Sturges speaks for himself.
On Mar 7, 2009, at 10:44 AM, Tony Zinnanti wrote:
> 1. Prior to the raid, did you have any indication that you were on the
> FBI "radar," so to speak?
Absolutley none. And I don't think I was. The FOI request we made did not turn up any but then it was extremely heavily redacted.
>
> 2. What was the legal basis for the raid on your studio and the
> destruction of your work and equipment? What did any warrant purport
> to find on your premises?
Pictures of mine seized at a color lab in SF pursuant to a tip from an assistant lab manager (a young self describe "christian" whom it turned out was fired from a previous position for a similar act) were deemed questionable enough to warrant the initial warrant which was for a search and seizure at the apartment of the technician whom I had hired to make internegatives from transparencies made on the beach in France -- though those same pictures would ultimately play no role in the issues the us attorney (lack of capitals not accidental) attempted to advance before the grand jury. The technician in question, Joe Semian, a tall, young African American, was arrested and eventually pled guilty to a misdemeanor. I was never charged at all. Imagine that. A team of feds and SF police came to my apartment about four hours later and were there for 6 hours before they succeeded in getting a warrant. They used descriptions of images (my work) that they saw on the wall of the apartment to justify the warrant.
Ironically they seized none of those framed images despite filling a truck the size of a UPS truck to the roof with mu possessions.
>
> 3. Was there ever a criminal filing - versus any filing
> recommendation? Was the case rejected by the prosecution or was it
> dismissed by a magistrate/judge?
After almost two years the us attorney asked his grand jury for a single indictment for child pornography. The grand jury declined. End of case. No criminal charges of any kind were ever filed.
>
> 4. What was the jurisdiction? (Federal, state and geographically.
> Sometimes,
> feds run cooperative details with local law enforcement.)
This is interesting. After 24 hours the SF police who had done the seizure with two feds in attendance called my attorney (then Ephraim Margolin -- a very bright man who never spoke a single word that I
understood) and told him that they were dropping the matter and would return my property. I just had to rent a truck and come get it. Then less than an hour later Margolin called me to say that the feds had taken the case over. I think that the phrase that covers this is "emotional roller coaster" and you could add the word steep in there anywhere you want.
>
> 5. What was the critical revelation that led to the case not
> proceeding?
> Where was the turning point in your favor?
The turning point was gradual and actually a little funny. The us a in question stopped my lawyer (by then, Michael Metzger) in the hall one day and said, angrily, to him "I'm sick of all these witnesses in front of my {grand} jury who LIKE your client!" and then stormed off.
In fact as far as I know the grand jury never saw a single witness that did not present anything other than exculpatory evidence.
I was doing a ton of national media in this time frame (they called
me) so that might have had an impact but I've never spoken to anyone from the grand jury so I do not get to know. Without exception the media took a hard look at me and then came down solidly on my side.
Now I'm going to jump ahead three or four years to a point in my life when fate called on me to resist a major legal push against me and my work engendered by what I like to call the not-so-christian right. A character by the name of Randal Terry had been disenfranchised from the anti-abortion business by NOW (the national organization for
women) whose lawyers had come after him using legal theory manifest in the RICOH statutes. Randal's lawyers persuaded him to settle out of court. NOW really took him to the cleaners, even attaching his frequent flyer miles. Anyway, the ink had hardly dried on his settlement when he came after the arts with attacks on me, Sally Mann and David Hamilton. Within just a few months I had had to hire attorney to protect my interests before six or seven grand juries in conservative states across the country. The point of this digression is that one of the grand juries was federal -- out of Pittsburgh. I became aware of this because it had become clear that my mail was being opened in SF and my phone was behaving bizarrely as well. Some distance into this I asked the attorney I had retained in Pitt., Paul Boas, why the feds were doing this AGAIN. Metzger had calculated from his experience that at the end of two years and an investigation that had doubtless cost more than a million dollars, the feds had to have an enormous file on me. I asked Paul Boas, "why are they doing this?
They have to know everything about me already. They interviewed just about everyone I know all over the US and even in France...?" He allowed as to how that was a bit of a puzzle for him too so he said that he would talk to the us a and see what he could find out. It turned out that the feds had LOST my original file. It was just gone.
So they were starting from scratch. If I had to guess if this "loss"
was accidental or intentional I would have to come down on the side of intentional because it contained nothing but exculpatory evidence.
>
> 6. Is there any form of continued surveillance, harassment or overt
> official criticism of which you are aware?
Nada. With one wee exception. When we did the FOI discovery the vast majority of the documents were redacted to the point of utter uselessness. Just page after page of black bars and descriptions of still further pages which had been omitted in their entirety. But there was one exception. While at a gallery opening of my work in Chicago the gallerist had called me into his office to meet a collector who wanted to meet me personally. The guy was a young man with well polished black shoes who didn't seem to know boo about art so I was a bit puzzled by him. He wanted to know if I had any "special" pictures that I didn't exhibit. any "other" material. I replied no, definitely not, and that was an end to it. He showed up in the FOI papers as an agent (as I realized that I had half suspected at the time...) His whole report was there. Given how much else had been omitted I always assumed that this was the feds sending me a message.
I'm relaxed about this though. The more that agents go to galleries , the better. They might learn something about art...
Now that I think about it I also had a workshop student attend a workshop I was doing in West Palm Beach, Fl about 14 years ago. A very fit, attractive young woman, she had some sense of the basic mechanics of photography but was otherwise clueless about any notion of the medium as art. When she learned that the minor teenagers we would be shooting for the first two days of the workshop would be dressed throughout and that the nude models we would have for the last two days would be professionals over the age of 18 she dropped out of the workshop and left. Hmmm...
>
> 7. Is there evidence of gender bias against you? It's sensitive to
> talk about, and I think we all know the names, but have women artists
> producing like images suffered the same official interference with
> their work?
Sally Mann is a good friend so I am pretty aware of what she has been up to. She was NOT bothered to the extent I was but largely for an interesting reason. Her husband, Larry, is a good and aggressive attorney. He and Sally took a box of her most provocative work and dropped in on both the us a for their region and the state district attorney as well. She presented her resume, her books and her prints and said, if this is a problem you need to tell us right now. She stole a march on them both. She's never had any of the formal legal problems that I did.
Was this a form of discrimination? Almost certainly. Sally plays with a much more aggressive level of adult metaphor in her work than I have ever sought to and actively poses her models -- something I never do.
So my images represent a careful record of natural states as it were while in hers the children are actors on her, adult stage. It's a significant difference. As the supreme court has held that mere nudity in and of itself is not actionable (please excuse my amateur
paraphrasing) I would seem the better defended by legal circumstance.
So.
>
> 8. Did the instance with the FBI effect the willingness of your
> subjects to work with you?
One girl in northern california was swimming in all her clothes when I visited her family some weeks after she had been quite brutally and invasively interviewed by two fbi agents. (I could send you a jpg of an image I made of her doing this if you would like). Then about 13, they had asked her questions like "has he ever made you spread your legs so that he could photograph your vagina", etc. Her parents told me that she had been "really wierded out" by the agents. I continued to work with her (she wanted me to) but she was hyper self-conscious for about a year after that but gradually reverted to her old uninhibited natural self and is in my work to this day. (she recently opened a studio in Eureka, CA and is doing extremely well as a professional photographer) In fact, I did not lose a single person or family from my work because of the feds. My great wealth in the world has always been the people in my work. We know, care about and trust each other. The greatest single endorsement my work enjoys is manifest in the fact that a whole generation of my models have now come of age and are raising children of their own whom they are happily enrolling in my ongoing artistic project. To my lights this answers the informed consent question and the do no harm question more than adequately.
Your questions did not encompass a couple of the more chilling aspects of this ordeal for me.
1) During the investigation the feds regularly ignored the legal proscription that should have prevented them from speaking to the press about the specifics of my case. In fact they described my photographs to the press in disturbingly graphic language and cast other aspersions as well. We raised these issues with a judge when we went forward with a motion for the return of my property and the judge chewed out the us a and his team. But the bell could not be un-rung AND they kept it up after that hearing. They were getting beat up by the press who were soundly on my side of the issue and were damned if they were going to take it lying down. This was one of the first places where I learned that the fbi was a law onto itself; that its agents could choose to obey or break any law they wished without fear of repercussion.
2) Half way through the second year I learned that the families I knew in France were being visited by agents from the Police Judiciare
-- the French equivalent of the fbi. When the families asked why the agents were there they were told that while the pictures they had been shown from my work did not bother them at all -- indeed they liked them and had said as much to the american police when they had been first contacted -- the americans had written back to inform them that I had been convicted of incest in the US and was a known sex criminal so in light of that, of course they had to do an investigation. Learning that this was happening made me pretty crazy and subsequently hugely frustrated when my lawyer (Metzger) informed me that it was legal for the feds to lie to develop evidence during an investigation. Happily for me all of my families in Europe know me well enough to know that I had never had children of my own so they pretty much all said, "Um,, incest? How did he do that when he doesn't have kids?" The PJ's pretty quickly figured out that the feds had lied to them and they didn't like it The called all the families that they had visited and told them that as far as they were concerned my pictures were beautiful and that "le dossier de Monsieur Sturges est impeccable". -- my file was impeccable which is very strong legal language in France. They also went so far as to say to at least one family that as far as they were concerned if there was anyone sick in the equation it was the American police.
French culture is deeply invested in the aesthetic pursuit so I was lucky that the feebs chose the wrong country in which to attempt to assassinate my character because they did not like my art. As had happened in the States with my American models, I would not lose a single family from my work in Europe as well.
3) Not so chilling but interesting. We had a "friend"on the inside at the fbi in Washington. He told us that the then head of the fbi, Sessions (sp?) saw my case on his desk every week and that there was huge internal pressure to deliver a result against me. Scary. But there is the political component for you. The federal task force that was working against me was one of Edwin Meese's misbegotten offspring.
It was all about power and religion from the beginning. Unfortunately and fortunately I subscribe to neither.