Home > News > Ira Isaacs to Ask 9th Circuit’s Full Panel to Rehear Appeal • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Ira Isaacs to Ask 9th Circuit’s Full Panel to Rehear Appeal

Ira Isaacs to Ask 9th Circuit’s Full Panel to Rehear Appeal
Get XBIZ News
Dec 29, 2009 12:15 PM PST    Text size: 
LOS ANGELES — Ira Isaacs said Tuesday that his attorney will ask the full panel of the 9th U.S. Circuit Court of Appeals to rehear an appeal seeking dismissal of his obscenity case.

“If necessary, we’ll take this case up to the U.S. Supreme Court,” Isaacs told XBIZ.

Last week, a three-judge panel of the 9th Circuit 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.

His attorney, attorney Roger Jon Diamond, 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.

Last week’s 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.”

“[Kozinski] recused himself but he did it incorrectly,” Isaacs said.

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.

But Isaacs claims the films have both artistic and political value, and that he would like to tell a jury just that.

“I’m going to be an expert witness in the case, if this case proceeds to a jury,” he said. “I’d be put on the stand and explain that the only one who can decide whether a piece of art is obscene is the artist.”

Isaacs said he was hoping to have that chance to speak to jurors in the first case, which ended with Kozinski recusing himself.

“It would have been nice to have a dry run,” he said.

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 !

LEGAL PERSPECTIVES

Porn ‘Public Health Crisis’ Is False, Dangerous

We are witnessing the early stages of a moral panic, the likes of which we have not seen since the Reagan Administration. As I write this, there are 27 states in the process of passing mandatory porn... More »

The Skinny on the New DMCA Requirement

The requirements under the Digital Millennium Copyright Act (DMCA) have changed, but the sky is not falling. We have, even as a law firm, been hit with an unbelievable amount of spam sent out by law firms... More »

2017 Outlook: Legal Matters Around the Corner

The adult entertainment business’ legal community recently weighed in the top issues that companies and the industry, as a whole, should be concerned about. XBIZ asked industry attorneys to discuss... More »
XBIZ NEWSLETTERS
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.






POPULAR PRODUCTS & SERVICES
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.

UPCOMING EVENTS

XBIZ.net Paysite Meetup

May 04 - May 04
Prague, Czech Republic

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
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!