LOS ANGELES — An LAPD detective provided Justice Department attorneys with new evidence that fetish filmmaker and distributor Ira Isaacs was selling newly advertised and released "obscene" films shortly after he was convicted last May, according to court papers filed yesterday.
The revelation of an undercover purchase of four videos deemed obscene by the LAPD detective was raised by prosecutors as a judge weighs sentencing for Isaacs, who was found guilty in April on five counts of violating federal obscenity laws.
U.S. District Judge George King pulled Isaacs' sentencing hearing from the calendar last month after he declined to proceed "without a better understanding of what the government intends to prove and how" by introducing new evidence.
Federal prosecutors have asked for enhanced sentencing that would send him away for seven years and three months, while Isaacs attorney, Roger Jon Diamond, has asked for a reduction in sentencing.
LAPD Det. Kyle Lewison, according to court papers, said that after being convicted on the five obscenity counts in April, Isaacs appeared on a KFI-AM talk radio show hosted by David Cruz, asking listeners towards the end of the show to visit his site, ScatMoviez.com, and buy videos.
Lewison apparently showed interest in following Isaacs' next steps because he testified against the fetish filmmaker and distributor as a key witness in all three obscenity trials (two were declared mistrials) through the seven years the obscenity case has been alive. The LAPD detective, who has testified in each of the Isaacs trials that he "investigates illegal distribution of obscene materials" for the department, made the earlier undercover purchases of movies used to convict Isaacs.
Prosecutors said Lewison discovered 28 new videos advertised and available for purchase on the site — ammunition, apparently, for him to begin a repeat sting operation on Isaacs and his company LA Media.
"On May 17, 2012, in order to verify that the defendant was still selling and distributing obscene videos, Det. Lewison conducted a controlled undercover purchase of three of the defendant’s post-verdict newly advertised and released videos," prosecutors told the court. "The videos purchased were 'Euro Scat Girls,' 'My Pony Lover' and 'Violet: Dog and Pig Fuckers.'"
Lewison ordered and received through the U.S. mail the three videos, as well as a bonus video at no charge, "Hot Girl With Dogs."
"Det. Lewison reviewed the four videos and found that the videos depict women engaging in sex acts while eating and ingesting feces, and depict men and women engaging in sexual intercourse with animals, which is the same type of conduct depicted in the videos deemed obscene by the jury and resulting in the defendant’s conviction on April 27, 2012," Justice Department attorneys said.
While Isaacs has not been charged with any new obscenity counts, the information gathered by Lewison was sent to a federal probation officer and Justice Department attorneys, who now advocate to the court that his sentence should be enhanced.
Isaacs "continued to violate federal obscenity laws by engaging in the business of transferring, distributing, and selling obscene videos within two days of having been convicted of that very same conduct," Justice Department attorneys contend. "The government submits that the defendant’s post-conviction ongoing criminal conduct belies his profession of acceptance of responsibility for the offense of conviction."
Diamond, Isaacs' attorney, last month told XBIZ that the court shouldn't consider any post-verdict activity and that Isaacs should be given a reduction in his sentencing. He said Isaacs objects to consideration of any movie that was not the subject of the indictment in relation to post-conviction conduct.
Diamond has asked the court to grant full probation or, alternatively, a split sentence.
Isaacs discussed with XBIZ his second mistrial in an March interview. It can be seen here.
