9th Circuit Affirms Ira Isaacs' Obscenity Conviction

PASADENA, Calif. — A federal appeals court today affirmed a lower court ruling over fetish filmmaker Ira Isaacs' obscenity conviction.

Isaacs, who has spent no time behind bars since the conviction in 2012, faces four years in prison over the mail distribution of "Mako’s First Time Scat, " "Hollywood Scat Amateurs #7," "Hollywood Scat Amateurs #10" and "Japanese Doggie 3 Way" — all deemed obscene by a jury.

Isaacs was convicted on one count of engaging in the business of producing and selling obscene matter,18 U.S.C. § 1466(a), one count of transportation of obscene matter for sale or distribution, 18 U.S.C. § 1465, one count of transportation of obscene matter, 18 U.S.C. § 1462(a), and two counts of mailing obscene matter, 18 U.S.C. § 1461.

He had appealed the final judgment in his third trial over obscenity charges; two other earlier trials had been declared mistrials.

Today's ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals — Judges Ferdinand Fernandez, Susan Graber and Mary  Murguia — was based on several arguments made by Isaacs attorney Roger Jon Diamond, both in his appeal made last year and at oral arguments earlier this month.

Isaacs in one argument said that an alteration of jury instructions over the concept of "prurient interest" in the Miller test undermined the credibility of Diamond at the lower court.

The 1973 case, Miller vs. California, set a precedent on obscenity, making a film or artwork considered obscene only if  three conditions are satisfied. One of the conditions ask whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest.

Diamond said he used the phrase "morbid, degrading and unhealthy" during closing arguments to define "prurient interest" but he also said "morbid, degrading or unhealthy" in reference to the lower court's jury instruction. The judge at the lower court, U.S. District Judge George King, instructed the jury that they could convict if a movie fit any of the three terms. But later King reinstructed the jury.

"Here, defense counsel himself used both conjunctive and disjunctive formulations in referring to the instruction during his argument, so it is unclear how the revision might have implied to the jury that Isaacs misled it as to the applicable law," the panel said in its ruling.

Isaacs also argued that the district court erred in sustaining objections. At oral arguments last month, Diamond told the panel that his closing argument was "substantially impaired" by a combination of constant interruptions and objections by the government and by King.

"I was instructed what to say and what not to say and I couldn't draw inferences; I couldn't do anything even though in an obscenity case [according to a Supreme Court ruling] all the government has to do in obscenity get the movie to the jury and let the jury look at the movie," Diamond told the panel last month.

The panel, however, ruled that the court did not abuse its discretion in requiring Diamond to confine his remarks to the record

Isaacs further challenged the district court’s exclusion of his proposed opinion testimony about "artistic value" but the panel rejected that as well.

Lastly, Isaacs unsuccessfully argued that the district court should not have permitted an FBI agent to sit with a computer at government counsel’s table and perform searches of publicly available information during voir dire.

The panel said it saw no abuse of judicial discretion and even noted that Isaacs conceded that the claim had no basis in existing law.

Isaacs, who was out on bond during the appeal, was unavailable at XBIZ post time for comment. His attorney, Diamond, declined comment at post time.

Isaacs, according to court procedure, can petition for a panel rehearing or an en banc (full court) rehearing over today's decision.

View ruling issued by 9th Circuit

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

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

MixedX Releases 'The Secret Examination'

MixedX has released "The Secret Examination," starring Angelika Grays and Lia Lin.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Haley Davies Toplines 'Hardcore Bombshells 2' From Hard X

Haley Davies headlines the second volume of "Hardcore Bombshells," from X Empire studio brand Hard X.

Ella Reese Headlines 'I Can't Help It 4' From Bellesa

Ella Reese toplines the fourth volume of "I Can't Help It," from Bellesa.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Melody Mynx Stars in Latest From MYLF

Melody Mynx stars with Trinity Olsen and Nicky Rebel in the latest release from MYLF, titled "Anal Dare."

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Asia Belle Stars in 'The Ex-Girlfriend' From GroobyVR

Asia Belle stars in the latest POV release from GroobyVR, titled "The Ex-Girlfriend."

Show More