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Oct 28, 2008 4:29 pm US/Central
Owner Of Duncanville Swingers Club Found Guilty
DALLAS (CBS 11 / TXA 21) ―
After two days of testimony, jurors reached a verdict in the case against the owner of the Duncanville swingers club known as the "Cherry Pit."
The jury deliberated for less than an hour and found Jim Trulock, 59, guilty on five charges of operating a sexually oriented business without a permit and five charges of operating a sex club.
The judge sentenced Trulock to pay a fine of $7,500.
"Its indicative of the climate of intolerance in Duncanville," said Trulock's attorney, Ed Klein. "I think the jury reflects the attitude of the community."
During Tuesday's testimony, a woman who had visited the Cherry Pit testified she had paid a $50 donation to enter on several different occasions and that she witnessed sexual activity inside the home.
The prosecution argued since money was changing hands and there was advertisement for the Cherry Pit that qualified it as a business. The Cherry Pit also operates in a residential zone, which is against the law in Duncanville.
The defense argued that it was not a business and what was happening inside the home was private. The defense attorney told jurors that they don't have to like Trulock or agree with his morals, but he said there wasn't enough proof that he was running a business.
The defense said they will appeal and will work to lower the fine.
Trulock owns the "Cherry Pit" with 30-year-old Julie Norris. None of the citations were issued against Norris. However, Tuesday's verdict does not mean the end of their problems. The two still face stiffer charges of engaging in organized crime and charges of not complying with TABC regulations.
The citations were originally issued before
Duncanville and Cedar Hill police raided the Cherry Pit on July 18. Police confiscated business records, alcoholic beverages and other evidence in the raid.
In September,
police arrested both Norris and Trulock on charges associated with operating an unregistered club. They have also been accused of illegally selling alcohol.
On Thursday, Oct. 20,
Trulock was arrested and charged with money laundering, a second degree felony. Norris faced the same charge.
"We think this is a situation where the government has attempted to regulate in an area where they are not entitled to regulate and it's an invasion of these people's privacy and their constitutional rights," said Klein.
Trulock and Norris have a civil case pending against the city challenging the ordinance.
CBS 11 first
reported on the Cherry Pit on November 5, 2007. Later that month, the
Duncanville's City Council passed an ordinance banning sexually oriented businesses.
"They feel like they're being persecuted," said Klein. "They feel like someone has taken it upon themselves in Duncanville to run them out of town."
Stay with CBS11TV.com for more on this developing story.
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
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