A 4th District judge has rejected a last-ditch effort by three Utahns to avoid trial on charges of distributing pornography.

Judge Lynn W. Davis rejected a motion Monday filed on behalf of Movie Buffs video store owner Susan Janae Kingston, general manager Larry Warren Peterman and district manager Marjorie Ann Cramer. All three face 15 counts of distributing pornography material, a third-degree felony, and one count of racketeering, a second-degree felony.Defense attorneys had asked Davis to rule that videos seized from two Movie Buffs stores in 1996 by Utah County law enforcement officers could not be used as evidence during the trial because the search warrant was too broad.

However, Davis ruled the motion had come after a court-imposed deadline. He had directed attorneys to file all motions by April 1 so the trial could begin the second week of June. Defense attorney Jerome Mooney filed the motion to suppress evidence May 8.

"The motion is untimely," Davis said. "We have a jury trial that will commence next week."

Mooney said he wasn't too disappointed at Davis' decision because he expects the 10th Circuit Court of Appeals in Denver to strike down the search warrant before the Provo trial begins on June 10. Kingston has asked the appeals court to reverse a decision by U.S. District Court Judge Thomas Greene, who ruled that the search warrant was valid.