WASHINGTON – The U.S. Supreme Court next year will take up the case of the so-called “S&M Svengali,” whose conviction on forced-labor and sex-trafficking charges was set aside on procedural grounds.On Tuesday the justices agreed to hear the government’s appeal in the case of Glenn Marcus, 56, a Long Island man who was sentenced to a nine-year prison term for sexually abusing, physically mutilating and psychologically torturing a woman he said agreed to pose as his sex slave and participate in the production of commercial pornographic materials. Marcus’ 2007 conviction was overturned in 2008 by the 2nd U.S. Circuit Court of Appeals because some of the offenses occurred prior to enactment of the 2000 Trafficking Victims Protection Act under which he was prosecuted. The court ordered a retrial.
“Marcus’ relevant conduct differed materially before and after October 2000 [when the law took effect], such that there is a reasonable possibility that the jury may have convicted him based exclusively on pre-enactment conduct,” the appeals court ruled.
The case is interesting not only because it will require the justices to learn quite a bit about the shadowy world of sadomasochism and its underlying psychology, but also because Justice Sonia Sotomayor served on the panel that heard Marcus’ appeal. Although the 2nd Circuit ruled in Marcus’ favor based on precedent, Sotomayor and her colleagues noted the Supreme Court might view the matter differently.
The high court in the past has overlooked errors that “do not seriously affect the fairness, integrity or public reputation of the judicial proceedings,” the panel wrote in its decision. Under that standard, the forced-labor portion of Marcus’ conviction might stand, Sotomayor has said.
Sotomayor did not take part in the Supreme Court’s consideration of the case and most likely will not hear oral arguments early next year, when the matter goes before the high court.
Trial records indicate the victim, identified only as “Jodi,” began working with Marcus in 1999 as one of several women whom he subjected to various BDSM scenarios that were subsequently presented on his membership website. Prosecutors alleged Marcus held Jodi against her will and forced her to participate in the activities. Marcus’ defense maintained the relationship not only was consensual, but also contractual. Jodi both enjoyed and was paid for her work, Marcus said.
Jodi testified against Marcus, saying she was a prisoner when Marcus shaved her head, carved “slave” on her stomach with a knife, whipped her and forced her to perform a variety of other acts she considered repulsive and humiliating. She enjoyed none of it, she testified, and Marcus never paid her. In 2003, two years after she left Marcus, she took her complaints to the FBI.
One of Marcus’ other women, who lived with Jodi, contested her story in court.
The case is U.S. v. Marcus, 08-1341.
