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By Russell Goldman November 7, 2013
A Florida man accused of making pornographic images of his three young daughters claims he and the girls are nudists, and the photos are simply family portraits.
A judge on Wednesday found the images of the girls, aged 8 to 12, were suggestive enough that Brian Martens, 53, a former resident of the Sunsport Gardens Family Naturist Resort in Loxahatchee Groves, Fla., should stand trial.
"Several of these photos the court has reviewed are lascivious. … They are, in the court's opinion, sexually explicit," federal magistrate Judge Bill Matthewman said in court on Wednesday.
Martens did "persuade, induce and entice a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct," according to a federal indictment obtained by ABCNews.com.
Martens did not take the photos himself but hired a professional photographer. That man, Leslie Grey Vanaman, was tried and convicted of child porn and is currently serving a 60-year sentence.
None of the images depict sexual acts. One image is a close-up of one girl's genitalia, according to prosecutors.
In court Wednesday, Marten's attorney claimed his client did not know Vanaman had taken the close-up shots, and the images were otherwise appropriate for a family of nudists.
"The girls have no clothes on … but they're not doing anything of a sexual nature," Marten's lawyer, James Eisenberg, said in court on Wednesday, according to the Sun Sentinel. "If they were young ladies who had clothing on, no one would consider them pornographic."
"Totally nude … is the normal state of all the people who live there," Eisenberg said. "In the context that everybody in this family are naturists … these photos are not lewd or pornographic in any way."
Eisenberg was traveling and was not available to comment to ABC News.
Martens was arrested on Oct. 29. If convicted he faces a maximum sentence of 30 years for producing child pornography, and an additional 20 years if convicted of receiving child porn, according to the federal indictment.
He has pleaded not guilty to the charges.

An artist friend of the Stivics wants to paint a portrait of Gloria in her birthday suit, prompting a debate over the morality of nude art.
Mike and Gloria bring an eccentric artist friend, Szabo Daborba, who specializes in painting abstract female nudes over to the house . When Szabo suggests that Gloria pose for him, it sparks an angry debate between Archie and Mike over the morality of art and decency, but it also allows Archie to plant some doubt in Mike's mind over whether Szabo will take advantage of Gloria.—Jerry Roberts
Guest starred Starsky and Hutch star David Soul as Mike's friend Zsabo
Mairzy Doats
(uncredited)
Written by Milton Drake, Al Hoffman, and Jerry Livingston
Whistled by Rob Reiner
This is another episode with a familiar guest star in David Soul, as one of the previous episodes starred William Windom in a very strong performance. Soul's character(Szabo Daborba lol)is an old pal of Gloria and Mike's, and according to Archie, since he's Hungarian, he must be a gypsy. Szabo is a young painter on the rise and is well known to those in the circle, and he asks the couple if he can paint Gloria in the nude. They are both very excited about the prospect, and you can guess how Archie feels about it, as he tells Mike that his friend is much better looking than him, and he wouldn't have Edith pose nude in front of neighbor Jim McNab; Mike gives the typical answer how his(Mike's) generation trusts others and he's totally fine with Gloria being nude in front of his good friend. It all comes to a head when Mike comes home from the library late at night, so which he believes his wife isn't home yet from a painting session, and it's been about 3 weeks already. As Archie almost teases Mike about Gloria not being home yet, Mike seems in denial and again, tells Archie about trust; while he's telling Archie, he's dialing the telephone, and he yells "what the hell are you doing with my wife, Szabo?", only to realize that Gloria walks down the stairs after taking a nap, although no one knew she was home, to which Mike says, "sorry, Szabo." I would say this is an entertaining episode boasting a young David Soul, prior to Starsky & Hutch, with a big blond afro to boot. The first season of this fine show has several memorable episodes as well.
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