Attorney Roger Jon Diamond contends in the appeal to the 9th U.S. Circuit Court of Appeals that Isaacs shouldn’t be retried because of the double jeopardy clause of the 5th Amendment. He also said that there was no manifest necessity for the declaration of the mistrial, which was declared without Isaacs consent.
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.
Diamond contends that Kozinski improperly recused himself. And if he did properly recuse himself, another judge could have replaced him.
Isaacs, who owns Stolen Cars Films and LA Media, faces multiple obscenity-related counts in the case. He specifically was charged with two counts of using a common carrier and interactive computer service for interstate commerce in obscene films.
The first four obscenity-related counts are in connection with videos entitled “Gang Bang Horse — ‘Pony Sex Game,’” “Mako’s First Time Scat,” “Hollywood Scat Amateurs No. 7,” and “BAE 20.” The indictment alleges that Isaacs shipped “Hollywood Scat Amateurs No. 7,” and “BAE 20” outside the state of California.
Oral arguments in the case begin at 9:30 a.m. on Thursday at the U.S. Court of Appeals building in Pasadena.
The Justice Department attorney representing the government is Michael A. Rotker.
