Judge agrees to delay trial in Web site prostitution case

TAMPA -- A case involving an alleged prostitution service hit a snag Monday that could ultimately jeopardize prosecutors' ability to win convictions against several defendants.

Hillsborough Circuit Judge Debra Behnke criticized the prosecution for mishandling the transfer of evidence in the case involving the Web site www.bigdoggie.net. She granted the defense attorney's request to postpone a trial scheduled for this week.

The judge agreed the delay was the prosecution's fault, and now the deadline for a speedy trial could expire, allowing several defendants to go free. Florida law states that every defendant has the right to be tried in a timely fashion, unless they waive that right.

"This has a potentially dramatic influence on the case," said defense lawyer Luke Lirot, who added that the deadline is just after Christmas. "It might not, but the potential is there."

After a two-year investigation dubbed operation Flea Collar, authorities arrested 12 women and two men on conspiracy, racketeering and prostitution charges. Authorities said the owners, Steven Lipson and Charles S. Kelly, used the Web site to provide contacts for customers to hire escorts, reviews of what escorts would do and even tips on how to avoid getting arrested. Lipson and Kelley said the arrests violate their First Amendment rights.

In October, Judge Behnke said the site could continue to operate as the case proceeded to trial. She also said that prosecutors had to turn over to defense attorneys the names of customers who cooperated with authorities investigating the case. The defense attorneys had a right to ask them questions to prepare a defense for their clients, the judge said.

On Monday, she ruled that the prosecutors had not complied to her satisfaction. A status hearing is scheduled for Jan. 10.

"She was not happy," Lirot said. "This clearly puts the state in an awkward position. We'll have to see how it plays out."

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