February 23, 1968, Cleveland Plain Dealer

Prosecutor May Drop Levy Case

 

As a result of recent U.S. Supreme Court rulings, the Cuyahoga County prosecutor’s office may drop obscenity charges against poet D. A. Levy and James Lowell, owner of the Asphodel Book Store.

Levy, 25, of 1744 Wymore Avenue, East Cleveland, was sentenced to a six-month term in Warrensville Workhouse Money by Juvenile Court Judge Albert A. Woldman. He was found guilty of conduct tending to cause the delinquency of minors.

Lowell and Levy were indicted by the grand jury in December, 1966, on charges of selling obscene poetry – some of which was Levy’s. Levy also was indicted on charges of distributing the poetry to minors and encouraging juveniles to write it.

"Because of the Supreme Court’s ruling on obscenity, is it now difficult to prosecute against the written word when only the general adult public is involved," said assistant county prosecutor George J. Moscarino yesterday.