Home > News > U.S. Appeals Court Won’t Toss Ira Isaacs Obscenity Case • Bookmark   • Newsletters   • Register Search Options


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

U.S. Appeals Court Won’t Toss Ira Isaacs Obscenity Case
Get XBIZ News
Dec 22, 2009 3:00 PM PST    Text size: 
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.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Retailers Talk BDSM Shopping Trends

These days, BDSM is so mainstream that it is being depicted in everything from beer commercials to telenovelas. Floggers, paddles, ball gags and handcuffs were once considered the bad boys of adult retail;... More »

Specialty Manufacturers Talk Popularity of Handcrafted BDSM Gear

The proverbial cat is out of the bag for fetishes — and the dog, and the dragon, and a whole other slew of kink accessories that put blindfolds and handcuffs to shame. “Fifty Shades”... More »

Mainstreaming of BDSM Broadens Category, Consumer Reach

It’s been just more than 30 years since Kim Basinger and Mickey Rourke lit the silver screen on fire in “9 ½ Weeks” with the film’s underlying themes of BDSM. And more than... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.


XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida

XShow 18+ 2017

Jun 01 - Jun 03
Moscow, Russia

Cam Summit

Jun 02 - Jun 04
Lloret de Mar, Spain
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!