Jury selection in the trial of Strong, who faces 13 other counts that deal with promotion of prostitution, has been twice delayed by appeals to the state supreme court.
The first dealt with First Amendment issues raised about the closed-door jury selection process. The second deals with the dismissal of the invasion-of-privacy charges.
Fitness instructor Alexis Wright set up the video equipment and Strong watched from his computer, making thousands of still images from the live video stream, Gordon told the justices.
The justices must rule quickly to avoid starting over with a new jury pool because service ends for the current jury pool at month’s end.
Wright will be tried at a later date.
Both Strong and Wright have pleaded not guilty.
In addition to arguing that the state law applied to prostitution clients, prosecutors also said that it was up to a jury — not the judge — to decide the charges and that the defense waited too long to seek to dismiss the charges.
Lilley said that the trial judge made the right call and that he could find no other precedent for conferring privacy to prostitution clients.
“Astonishingly and unabashedly, the state of Maine argues that criminals have a protected right to commit the crime of engaging a prostitute in a commercial building under Maine law,” he said.