9th Circuit: Ira Isaacs to Remain Free Pending Appeal

SAN FRANCISCO — A federal appeals court today granted Ira Isaacs' renewed motion for bail pending his appeal on obscenity convictions.

Isaacs, who was sentenced in January to four years in federal prison, so far had dodged incarceration after receiving an emergency stay from the 9th U.S. Circuit Court of Appeals.

Today, a two-judge panel with the 9th Circuit said that Isaacs has shown, by clear and convincing evidence, that he's not likely to flee or to pose a danger to the safety of any other person or the community if released and approved his release pending his appeal.

Judges Stephen Trott and Richard Paez ruled that Isaacs has shown that his appeal in the case raises a “substantial question” of law or fact that is “fairly debatable.”

If that substantial question is determined favorably to Isaacs on appeal, the court said, that decision is likely to result in reversal or an order for a new trial of all counts on which imprisonment was imposed.

"The matter is remanded to the district court for the limited purpose of establishing appropriate conditions of release," the appeals court said.

Isaacs told XBIZ that he's pleased with today's ruling on the bail motion and anticipates a decision on the conviction and sentencing by October.

"I'm pretty happy, but I'm also anxious for the appeal over convictions to the 9th Circuit," Isaacs said this afternoon. "This case against me has been nothing but twists and turns for nine years."

Isaacs attorney Roger Jon Diamond had argued to the 9th Circuit that federal prosecutors haven't exercised restraint and wisdom in the case and that there wasn't a "reason for the government to try to save face and get Mr. Isaacs in custody while his appeal has not yet been."

"There is no reason for the government to take such a hard-nosed position unless politics is at play here," Diamond wrote prior to today's ruling. "Indeed, as the first trial revealed, the obscenity unit pursuing Isaacs was set up under Attorney General Alberto Gonzales. The unit no longer exists. This may very well be the last obscenity case being pursued in this country. Politics has no place in our criminal justice system."

Isaacs was found guilty in a third trial in April 2012 on five counts of violating federal obscenity laws over the mail distribution of  "Mako’s First Time Scat, " "Hollywood Scat Amateurs #7," "Hollywood Scat Amateurs #10" and "Japanese Doggie 3 Way." Two earlier trials were declared mistrials.

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

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Willow Ryder, Angelina Diamanti Topline 'Lesbian Neighbor Affairs'

Willow Ryder and Angelina Diamanti headline "Lesbian Neighbor Affairs," from Girlfriends Films.

Cherie DeVille Discusses Doc Johnson Collabs in Vice TV's 'Sex Before the Internet'

2023 XBIZ Performer of the Year Cherie DeVille is featured on Vice TV’s “Sex Before the Internet,” discussing her Doc Johnson celebrity strokers in the episode “Sex Toy Empire.”

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

SINematica Names Silvia Dellai 'Most Valuable Performer' for April

SINematica has crowned Czech-Italian star Silvia Dellai as Most Valuable Performer for the month of April, with a spotlight scene opposite Yannick Shaft and Erik Everhard.

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Hazel Grace Debuts New Membership Site InMelanin

Hazel Grace has launched her new membership site, InMelanin.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Show More