Isaacs Shouldn't Remain Free Pending Appeal, U.S. Prosecutors Say

SAN FRANCISCO — U.S. prosecutors filed court papers today with the 9th U.S. Circuit Court of Appeals to oppose Ira Isaacs' motion allowing him to remain free on bail pending his appeal.

Justice Department attorneys claim in their opposition that Isaacs hasn't raised a substantial question of law or fact likely to result in reversal, a new trial or a sentence of no confinement.

Isaacs, who was stayed a surrender date in February after his conviction on obscenity charges, was given another sentencing date late last month, but his counsel, Roger Jon Diamond, re-filed a motion on Friday with the 9th Circuit to allow the fetish filmmaker to remain free pending his appeal.   

Isaacs was found guilty 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."

In today's opposition, federal prosecutors address Isaacs' exclusion as an expert witness on his own behalf in the third trial (two others ended in mistrials), as well as limitations put forth on Diamond in his closing argument and the clarification of the meaning of "prurient interest" upon questions from the jury.

All of those issues were addressed in a re-filing of the appeal made by Diamond last week.

Federal prosecutors, in its opposition, claim that Isaacs was unable to meet the terms of the court as an expert witness, which determined that he wasn't qualified to testify as an expert. At trial, however, Isaacs was allowed to testify about his goals, inspirations, and intended meaning for the videos that he created.

Prosecutors also defended claims that the district court placed undue limitations on Diamond's closing argument. U.S. District Judge George King sustained the government's objections when Diamond discussed whether most other countries have the equivalent of the First Amendment and when he stated that in some countries one can get executed for exercising freedom of speech.

They also addressed Diamond's argument that the judge's clarification of the meaning of “prurient interest” upon a jury question during deliberations presented a “substantial question.”

The question by the jury was asked as part of the Miller test, a three-prong that sets the criteria over obscene works.

(The Miller test asks whether the average person, applying contemporary community standards would find that a work, taken as a whole, appeals to the prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functionsspecifically defined by state law; whether the work, taken as a whole, lacks serious literary, artistic, political or scientifical value.)

"The district court — in response to the jury question: 'Under "prurient" interest, must all three criteria be met? ‘Morbid, degrading and unhealthy interest in sex’?” — conducted further research on the issue and found that [the 9th Circuit] had approved an instruction of 'prurient interest' that construed the descriptive terms in the disjunctive," federal prosecutors said.

"The district court clarified for the jury that the phrase 'morbid, degrading, and unhealthy' did not list separate criteria; instead, they are descriptive terms that describe what is a prurient interest as opposed to a mere candid interest in sex, and therefore, the jury need not find that the movies satisfy all three descriptive terms to be 'prurient,'" federal prosecutors said.

"There can be no dispute that the court’s instruction here was a correct statement of law."

View today's filing by federal prosecutors

Related:  

Copyright © 2026 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

X3 Mag Drops Collector's Edition Featuring 2026 Expo All-Stars

The special New Year’s edition of X3 magazine, the premier publication spotlighting the real personalities, passions, and stories behind today’s top stars, is now available.

BiPhoria Debuts New Series 'Caught Bi'

BiPhoria has debuted its new series, "Caught Bi."

Ella Hughes, Nata Gold Star in Hentaied Pro's 1st Interactive Release

Ella Hughes and Nata Gold star in Hentaied Pro’s first interactive release, titled "Endless Echoes."

Lauren Phillips Leads Latest From MILFY

2024 XMAs MILF Performer of the Year Lauren Phillips stars with Parker Ambrose and Dwayne Foxxx in a new DP scene from Vixen Media Group (VMG) studio imprint MILFY.

Maria May Makes Her MYLF Debut

Maria May has made her MYLF debut alongside Lola Aiko and Juan Largo in the studio’s latest release, titled "Only Straight-A Students Get Dommed by Mommy."

Pineapple Support Relaunches Site

Pineapple Support has updated and relaunched its website.

Juniper Ren Toplines Bryan Gozzling's 'Hookup Hotshot: Internet Sex Addicts Volume 6'

Juniper Ren headlines director Bryan Gozzling’s “Hookup Hotshot: Internet Sex Addicts Volume 6” from Evil Angel.

Brittany Andrews Stars in Latest From Pervz

Brittany Andrews stars with Mike Ox in a new scene from Pervz series PervPrincipal, titled “MILF Principal Makes a Dirty Deal with a Student.”

Ariel Demure Leads Latest From TransSensual

Reigning XMAs Trans Performer of the Year Ariel Demure stars with Adam X Lee and Mark X in the latest scene from Mile High Media studio imprint TransSensual, titled “Two Dicks and a Drildo Does the Trick.”

Sarah Arabic Stars in Latest From Brazzers

Sarah Arabic stars with Victor Ray in the latest release from Brazzers, titled “First Time Cheater, First Time Anal.”

Show More