March 5, 1968, Cleveland Press

Possession of obscene literature charges against hippie poet D. A. Levy, 25, and bookstore owner James R. Lowell, 35 have been dropped.

Common Pleas Judge Francis J. Talty agreed to dismiss the charges after Assistant Prosecutor George Moscarino told the court that U. S. Supreme Court obscenity decisions in May, 1967, make successful prosecution impossible. Levy and Lowell, owner of the Asphodel Bookstore, 306 W. Superior Ave., were indicted in November, 1966.

Juvenile Court Judge Albert Woldman two weeks ago sentenced Levy to six months in the Workhouse for contributing to the delinquency of a minor.

Levy pleaded not contest. Judge Woldman stayed execution of sentence pending preparation of a probation report.

"What is indecent to read to minors may not be obscene legally," Moscarino said.