U.S. Appeals Court Won't Toss Ira Isaacs Obscenity Case

PASADENA, Calif. — A federal appeals court today rejected Ira Isaacs' attempt to get his obscenity case thrown out.

A three-judge panel of the 9th U.S. Circuit Court of Appeals said that Isaacs isn’t entitled to have his case dismissed on double jeopardy grounds.

Isaacs' case was put on hold last year after Judge Alex Kozinski recused himself after it was revealed that he used a website to distribute sexually explicit photos and videos.

Attorney Roger Jon Diamond, who argued the case at the 9th Circuit on Dec. 10, contended that Isaacs shouldn’t be retried because there was no manifest necessity for the declaration of the mistrial, which was declared without Isaacs' consent.

Diamond wasn’t immediately available to comment on today’s decision because he is out of the country.

The 9th Circuit’s four-page ruling said that the federal judge who earlier ruled in the case found Kozinski’s recusal proper and that Kozinski exercised “sound discretion” in declaring a mistrial because of “extraordinary circumstances.”

“We find that a well-informed observer may reasonably have questioned Judge Kozinski’s ability to act as an impartial judge in Isaacs’ trial,” the court said. “In this case, the designation of another judge half way through the proceedings would not have removed the appearance of partiality concerning Judge Kozinski’s previous actions in the case.”

Isaacs, who owns Stolen Cars Films and LA Media, faces multiple obscenity-related counts in connection with distribution via the mail the videos “Gang Bang Horse — ‘Pony Sex Game,’” “Mako’s First Time Scat,” “Hollywood Scat Amateurs No. 7” and “BAE 20.”

Federal prosecutors allege that the films are obscene and have no artistic merit. Isaacs claims the films have both artistic and political value.

With today’s ruling, Isaacs' case is certain to be re-filed by the prosecutors with the Justice Department’s Obscenity Prosecution Task Force.

The Justice Department attorney representing the government, Michael A. Rotker, was unavailable for XBIZ comment at post time.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Bree Brooks Stars in Holiday-Themed Release From New Sensations

Bree Brooks stars with Ricky Spanish in the new holiday-themed release from New Sensations.

Iris Kiss, Astrid Soleil Star in Latest From TGirls.Porn

Iris Kiss and Astrid Soleil star in the latest release from Grooby paysite TGirls.Porn, titled “The Next Generation” and directed by Omar Wax.

Agatha Vega Stars in Christmas-Themed EnjoyX Release

Newly crowned XBIZ Europas Female Performer of the Year Agatha Vega stars alongside Juan Lucho in the latest EnjoyX scene, “Naughty Christmas Gift.”

Clara Mia Makes Her Directorial Debut for Dorcel

Clara Mia has made her directorial debut with "Say You Love Me," the latest release from Dorcel.

Brazzers Debuts Limited Series 'Wet Hot Indian Wedding'

Brazzers has released the first installment of its new limited series, “Wet Hot Indian Wedding.”

Slimthick Vic Headlines 'Friends & Exes 2' From Bellesa House

Slimthick Vic toplines the second volume of "Friends & Exes" from Bellesa House.

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

UK Performer Rebecca Jane Smyth Passes Away at 51

Veteran British performer Rebecca Jane Smyth has passed away, according to her longtime friend, Tanya Virago. She was 51.

Brazzers Debuts Limited Series 'Gamer Stepmom'

Brazzers has released the first installment of its new limited series, “Gamer Stepmom.”

Vixen Drops Cross-Site Feature 'Long Con'

Vixen Media Group has released “Long Con,” a cross-site feature with scenes presented by its studio websites Vixen, Blacked, and Tushy.

Show More