Isaacs Given Green Light for Testimony in Obscenity Trial

LOS ANGELES — Ira Isaacs won't be able to give expert testimony in his defense over federal obscenity violations, but he will be able to testify about what he aimed to achieve in creating one of the scat movies named in his indictment.

A federal judge in a pretrial ruling on Wednesday ordered trial to begin May 17 and will allow Isaacs to take the stand, a decision that allows him to offer "layperson testimony."

"This is a big victory," Isaacs told XBIZ. "Fact is that the prosecution did not want me to take the stand."

Isaacs has been charged with federal obscenity violations over the mail distribution of “Gang Bang Horse — ‘Pony Sex Game’” and “Mako’s First Time Scat,” as well as “Hollywood Scat Amateurs No. 7,” the film he created and the one he will be able to offer testimony for.

Isaacs has been pushing to offer testimony since a January pretrial hearing, but in Wednesday's ruling U.S. District Judge George King said that Isaacs proposal does not meet the standards for expert testimony.

"First, the court is concerned that [Isaacs] could provide no methodology in determining whether something qualifies as art or has serious artistic value," King said. "Defendant also points to the articles that have been written about the prosecution of him as evidence that his work has received the requisite amount of attention to distinguish it as art.

"This cannot be a proper methodology because prosecution for obscenity cannot have the legal affect of shielding the work from prosecution for the offense. Finally, defendant does not provide any examples of what is obscene or characteristics that would make some images obscene (short of some film director declaring his own work obscene)."

King, in his ruling, noted that the federal obscenity trial targeting Evil Angel founder John Stagliano faced a similar situation in deciding whether to certify Constance Penley, a professor of film studies at UC Santa Barbara, as an expert.

"That court ruled that although the professor possessed impressive credentials to discuss film studies, those credentials were not directly relevant to the task of distinguishing art from obscenity, and she had never written or lectured on the topic," King said.

But King in the ruling said that Isaacs' layman's testimony about art could be relevant in relation to the film he created, “Hollywood Scat Amateurs No. 7.”

"Given its inherent subjectivity, and the vast range of considerations a viewer of art might consider determinative in assessing a work of art, testimony concerning the artist’s goals, inspirations, and intended meaning is at least relevant," he said in the ruling.

"If testifying as a nonexpert, defendant would purportedly testify about his intentions in creating the video. The applicable legal standard here is whether a reasonable person, applying a nationwide standard, would think the work has serious artistic value."

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

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned E-Safety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Kylie Rocket, Vanessa Sky Headlines 2nd Installment of Seth Gamble's 'Luminati'

LucidFlix has released the second installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring Kylie Rocket and Vanessa Sky.

Dorcel Debuts New Volumes of 'Luxure,' 'Girls at Work'

Dorcel has released the latest volumes of its "Luxure" and "Girls at Work" series.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo have teamed up to produce a series of educational videos focused on safety standards for adult performers.

Adult Time Signs Tommy Pistol as New Brand Ambassador

Adult Time has signed Tommy Pistol as its new brand ambassador.

Lana Smalls Is Nubiles' May 'Flavor of Month'

Nubiles has selected Lana Smalls as its Flavor of the Month for May and spotlighted her in a Star Wars-themed scene with Parker Ambrose.

Betzz Is Nubiles' 'Fantasy of the Month' for May

Nubiles has selected Betzz as its Fantasy of the Month for May, spotlighting her in a scene with Nick Ross.

My.Club Appoints Nicole Aniston Newest Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Eva Maxim Stars in Latest From GroobyVR

Eva Maxim stars in the latest release from GroobyVR, directed by Buddy Wood.

Kendra Sunderland Returns to Ricky's Room

Kendra Sunderland returns to Ricky's Room in "Lucious Lavender Haze."

Show More