February 21, 1968, Cleveland Press

Obscenity charges filed against hippie poet D. A. Levy and bookseller James Lowell will probably be dropped, The Press learned today.

The disclosure was made after Levy pleaded no contest in Juvenile Court yesterday to charges that he acted in such a way as to tend to contribute to the delinquency of minors – by reading poetry to them.

Attorneys Bernard Berkman and Gerald Gold, who represented the bearded 25year-old bard, offered no defense for him in the brief trial. Judge Albert Woldman sentenced Levy to six months in the Workhouse and a $100 fine but stayed execution of the sentence pending a study of Levy’s probation report.

LEVY’S QUICK CONVICTION yesterday followed today by an indication from Assistant County Prosecutor George J. Moscarino that criminal charges against Levy and Lowell probably would be dismissed.

Lowell, owner of the Asphodel Book Store, 306 W. Superior Ave., was indicted by a Grand Jury in December, 1966, on charges of selling obscene poetry – some of it Levy’s. Levy was also indicted on charges he possessed and distributed obscene literature.

After the indictments, a Levy-Lowell Defense Committee was formed by Cleveland Heights resident Jaspher Wood who was instrumental in the successful fight to overturn obscenity charges against the movie "The Lovers." Wood’s group raised more than $11,000 and received support from hippie poet laureate Alan Ginsberg.

BUT MOSCARINO FELT today that the Lowell-Levy case will not come to trial.

"The final decision is up to Prosecutor John T. Corrigan," Moscarino said. "But we are considering dropping the charges."