9th Circuit Won't Rehear Ira Isaacs' Appeal

SAN FRANCISCO — The 9th U.S. Circuit Court of Appeals today denied Ira Isaacs' petition to rehear his appeal over criminal obscenity convictions.

The Los Angeles-based fetish filmmaker, convicted two years ago for mail distribution of four scat and bestiality titles, was denied a rehearing by the three-judge panel that recently ruled on his appeal, as well as the 9th Circuit's full panel.

"The full court has been advised of the petition for rehearing and rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc," according to an order published today by the 9th Circuit's court clerk.

In March, the three-judge panel of the 9th Circuit dashed Isaacs hopes of a reversal over final judgment in his third trial over obscenity charges; two other earlier trials had been declared mistrials

Isaacs, 63, who has spent no time behind bars since the conviction in 2012, faces four years in prison if an appeal is not heard by the U.S. Supreme Court.  

Isaacs attorney Roger Jon Diamond told XBIZ that he was disappointed over today's order, but "the fight is not over."

"It is Ira's decision if he wants to pursue this at the U.S. Supreme Court," he said.

Diamond noted that the three judges that heard Isaacs appeal — Judges Ferdinand Fernandez, Susan Graber and Mary Murguia — comprised a "very conservative" panel.

Isaacs' attorney petitioned the 9th Circuit to rehear the case — either the same three-judge panel or en banc (full court) — over arguments that the lower court erred because it excluded Isaacs proposed opinion testimony about "artistic value" and that Diamond's closing argument was substantially impaired by a combination of constant interruptions and objections by the government and by the sitting jusist, U.S. District Judge George King.

Diamond, in his petition, noted in his brief that courts should be more sensitive to criminal procedure in obscenity cases and that the appeals panel treated the Isaacs case "without the special care that the First Amendment requires."

"Not only does this case implicate the First Amendment and free speech, it also involves other constitutional issues including the right of a defendant to testify before a jury, the right to a jury trial, and the right to effective closing argument (effective counsel under the Sixth Amendment)," Diamond wrote in the petition.

Diamond told the panel that it was Isaacs bad fate when his first trial ended up as a mistrial when the Los Angeles Times broke the story about Judge Alex Kozinski’s alleged prior porn website. Kozinski in the first trial concluded that Isaacs could testify as an expert on the artistic issues presented in the case.

With Isaacs being able to testify at the second trial and with his attorney being free to argue to the jury, the jury hung resulting in a second mistrial, Diamond wrote in a motion to rehear the appeal.

"Determined to pursue Mr. Isaacs as though he was an international terrorist, the government took him to trial a third time," Diamond wrote. "Judge King determined that he was not bound by Judge Kozinski’s ruling on the ability of Isaacs to testify as to his opinions.

"Judge King revisited the issue and determined that Isaacs would not be allowed to give his opinion regarding the movies. He would be precluded from testifying either as an expert or even giving his lay opinion."

The Santa Monica attorney also said that the intimidation of Isaacs by the lower court judge extended to his closing argument.

"The record demonstrates that throughout the defense closing argument the government constantly interrupted with objections and derailed the defense’s closing argument," Diamond wrote. "Given the rulings and admonitions by the district court regarding Isaacs’ testimony, all the defense had was closing argument. Yet closing argument, which the Supreme Court has said is essential in criminal cases, was gutted constant interruptions. It did not help the defense to be criticized by the district judge during closing argument because the district court felt the defense attorney was fighting too hard for his client."

Isaacs was convicted on mail distribution charges for sending "Mako’s First Time Scat, " "Hollywood Scat Amateurs #7," "Hollywood Scat Amateurs #10" and "Japanese Doggie 3 Way" — all deemed obscene by a Los Angeles 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.

View order

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

Cherry Kiss Talks Perfectionism, Pressure and Loving the Grind

Cherry Kiss was en route to Exxxotica New Jersey when she learned she had received her green card. Fittingly, she had just landed at an airport in New York — home to Ellis Island and the Statue of Liberty. After successfully navigating the naturalization process, which she describes as “hard work,” she felt grateful for the friends who helped her with all the paperwork, and has since been trying to pay it forward by helping other friends with their U.S. visa applications.

Elizabeth Skylar Stars in Christmas-Themed Elegant Angel Release

Elizabeth Skylar stars with Parker Ambrose in a scene from Elegant Angel titled “A Hotwife for Christmas.”

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

PASS Names 3 New Board Members

Performer Availability Screening Services (PASS) has named RubyLynne, Beth McKenna, and Kira Noir as new members of its board of directors.

Avery Lust, Ariel Demure Headlines 'TS Chronicles 2' From TransSensual

Avery Lust and reigning XMAs Trans Performer of the Year Ariel Demure topline “TS Chronicles 2” from Mile High Media studio imprint TransSensual.

Adriana Chechik Returns to Blacked Raw With Blake Blossom

Adriana Chechik and Blake Blossom star with Sheem in the latest release from Vixen Media Group (VMG) studio imprint Blacked Raw.

Rocco Siffredi Makes On-Camera Return, Launches New Creator Platform

and he’s doing it in a way that reflects both his legacy and the creator-driven landscape shaping today’s market. His latest endeavor is built entirely around collaborations, an approach he says immediately energized him and clarified what this new chapter should look like.

Reagan Foxx Leads 'The Substance' Parody From MYLF

2023 XMAs MILF Performer of the Year Reagan Foxx stars in MYLF's ‘The Substance’ parody, titled “A Sluttier Version of Yourself.”

Jessi Rae Makes Her Deeper Debut

Vixen Media Group (VMG) exclusive Jessi Rae has made her debut for the studio's imprint Deeper, alongside multi-XMAs winner Isiah Maxwell in “Key Mistress.”

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Show More