Isaacs Shouldn't Remain Free Pending Appeal, U.S. Prosecutors Say

SAN FRANCISCO — U.S. prosecutors filed court papers today with the 9th U.S. Circuit Court of Appeals to oppose Ira Isaacs' motion allowing him to remain free on bail pending his appeal.

Justice Department attorneys claim in their opposition that Isaacs hasn't raised a substantial question of law or fact likely to result in reversal, a new trial or a sentence of no confinement.

Isaacs, who was stayed a surrender date in February after his conviction on obscenity charges, was given another sentencing date late last month, but his counsel, Roger Jon Diamond, re-filed a motion on Friday with the 9th Circuit to allow the fetish filmmaker to remain free pending his appeal.   

Isaacs was found guilty in April 2012 on five counts of violating federal obscenity laws over the mail distribution of  "Mako’s First Time Scat, " "Hollywood Scat Amateurs #7," "Hollywood Scat Amateurs #10" and "Japanese Doggie 3 Way."

In today's opposition, federal prosecutors address Isaacs' exclusion as an expert witness on his own behalf in the third trial (two others ended in mistrials), as well as limitations put forth on Diamond in his closing argument and the clarification of the meaning of "prurient interest" upon questions from the jury.

All of those issues were addressed in a re-filing of the appeal made by Diamond last week.

Federal prosecutors, in its opposition, claim that Isaacs was unable to meet the terms of the court as an expert witness, which determined that he wasn't qualified to testify as an expert. At trial, however, Isaacs was allowed to testify about his goals, inspirations, and intended meaning for the videos that he created.

Prosecutors also defended claims that the district court placed undue limitations on Diamond's closing argument. U.S. District Judge George King sustained the government's objections when Diamond discussed whether most other countries have the equivalent of the First Amendment and when he stated that in some countries one can get executed for exercising freedom of speech.

They also addressed Diamond's argument that the judge's clarification of the meaning of “prurient interest” upon a jury question during deliberations presented a “substantial question.”

The question by the jury was asked as part of the Miller test, a three-prong that sets the criteria over obscene works.

(The Miller test asks whether the average person, applying contemporary community standards would find that a work, taken as a whole, appeals to the prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functionsspecifically defined by state law; whether the work, taken as a whole, lacks serious literary, artistic, political or scientifical value.)

"The district court — in response to the jury question: 'Under "prurient" interest, must all three criteria be met? ‘Morbid, degrading and unhealthy interest in sex’?” — conducted further research on the issue and found that [the 9th Circuit] had approved an instruction of 'prurient interest' that construed the descriptive terms in the disjunctive," federal prosecutors said.

"The district court clarified for the jury that the phrase 'morbid, degrading, and unhealthy' did not list separate criteria; instead, they are descriptive terms that describe what is a prurient interest as opposed to a mere candid interest in sex, and therefore, the jury need not find that the movies satisfy all three descriptive terms to be 'prurient,'" federal prosecutors said.

"There can be no dispute that the court’s instruction here was a correct statement of law."

View today's filing by federal prosecutors

Related:  

Copyright © 2025 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

New EU User Stats Could Reclassify Major Adult Sites Under DSA

Three high-traffic adult sites previously classified as “very large online platforms” under the European Union’s Digital Services Act are reporting user numbers below the threshold for that label, opening the way for possible downgrading of their obligations under that law.

Spicerack Launches 'SpicyFanz' Creator Monetization Platform

Adult product marketplace Spicerack Market has launched its SpicyFanz creator monetization platform.

Connie Perignon Headlines Latest From Brazzers

Connie Perignon stars with Nick Strokes in the latest release from Brazzers, titled “Wanting Your Stepmom's Bubble Bath Body.”

Adult Time Releases New Installment of 'MILF Overload'

Adult Time has released the latest installment of director Jim Powers' series "MILF Overload."

Krystal Sparks Fronts Latest From MYLF

Krystal Sparks stars with Juan Loco in the latest scene from MYLF, titled “Cultural Penetration.”

Willow Ryder Stars in Latest From New Sensations

Willow Ryder stars with Will Pounder in the latest release from New Sensations.

Dorothy Black, Jasmin Jayne & Lily Blossom Share the Spotlight in Latest From MixedX

Dorothy Black, Jasmin Jayne, and Lily Blossom star in the latest release from MixedX, titled "A Glimpse of Lost Youth."

Singapore Livestreamer Jailed for Performing 'Obscene Acts' in Public

A judge in Singapore on Thursday sentenced a Vietnamese woman to three weeks in jail for livestreaming “obscene acts” from a public area.

FSC Withdraws Support for North Dakota AV Bill

The Free Speech Coalition (FSC) has withdrawn its support for an age verification bill in North Dakota, following changes made by the state legislature.

Octavia Red Returns to Blacked Raw

Octavia Red has made her return to Vixen Media Group studio imprint Blacked Raw alongside Isiah Maxwell.

Show More