LOS ANGELES — The federal appeal involving the conviction and sentence of Ira Isaacs is moving forward despite the fact that the fetish filmmaker and distributor must report to the federal Bureau of Prisons to begin his 48-month sentence in less than two weeks.
Attorney Roger Jon Diamond filed court papers last month with the 9th U.S. Circuit Court of Appeals over an attempt to toss Isaacs' conviction and sentencing.
Isaacs, meanwhile, has been ordered to report to the U.S. Marshals Service by noon Feb. 19 to begin four years of incarceration.
Diamond, in an appeal, said that Isaacs' case should be dropped because the jury in his case was "improperly instructed," his own testimony was restricted, and because he faced double jeopardy after two earlier trials on the same offenses ended with mistrials.
The clerk of the 9th Circuit last week scheduled a time schedule order for briefs in Isaacs appeal.
The clerk ordered that Isaacs' attorney deliver its opening brief by May 20, with the government answering its brief by June 19. Isaacs' side, at that point, could serve an optional reply brief within two weeks of the government's answering brief.
Diamond told XBIZ on Wednesday that he has asked for a stay in Isaacs' sentencing, appealing directly to the 9th Circuit instead of the district court.
"We're going directly to the 9th Circuit for the stay because it would be unlikely that the district court judge who sentenced [Isaacs] would find error," Diamond said.
Diamond said that the federal prosecutor in the case, Michael Grant, has steadfastly refused to grant an agreement to allow Isaacs to remain free upon appeal.
"Bottom line is Ira isn't a danger to the community and he has no reason to flee," Diamond said. "But the government is not willing to let him free while he appeals his case."
In related news, the 9th Circuit has waived Isaacs' court costs of the appeal after he filed a motion for "in forma pauperis" or someone without funds. Isaacs said in an earlier motion that he does not have money to pay for the court fees and costs of transcripts.
Isaacs was found guilty last April 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."
