was unaware of the forgery and charges were dropped when Diana agreed to a pretrial probation program. Two appeals to the State Appellate Court failed to have the case reversed or reheard in Florida. During the first appeal process, the prosecution used evidence gathered after the original trial, a move that, according to the CBLDF, is usually considered unethical. On May 31, 1996, Douglas Baird upheld Diana's conviction on two of the counts, affirming the original ruling that Diana's work was "patently offensive" and that if Diana's intent was to show "that horrible things are happening in our society, [he] should have created a vehicle to send his message that was not obscene." The only count of the three that was judged incorrect was the one for advertising obscene material, because the advertisement in question was the "Be on the lookout for the next issue #8!" blurb that ran in issue #7, and the Court agreed that it was improper to convict someone for advertising material that had not yet been created since Diana could not, at the time, know the nature or character of the work. In 1996, while his case was still on appeal in Florida, Diana moved to New York City, where he was granted permission to serve out his sentence, and fulfill his community service obligation through volunteer work for the Comic Book Legal Defense Fund. Soon after the move, the Court refused to accept an amicus brief submitted by the ACLU, and responded without comment to the second appeal. Because Diana was no longer in their jurisdiction and New York City refused to extradite him because his convictions were for misdemeanors, they allowed him to serve his probation by mail, and took the required journalistic ethics course at New York University. Diana found another psychiatrist who charged him only $100 and concluded that he was perfectly normal, which she reported to the Florida court. He performed his community service by working about ten hours per week at a Lower East Side community garden and another six hours per week at God's Love We Deliver, a group that delivers food to HIV patients. Before his probation officer quit the Salvation Army-run probation department, she told the court before that Diana had violated his probation. Still owing $2,000 in fines, a warrant was issued for his arrest in Florida. In May 1997 the CBLDF and the ACLU