Still No Movement on Ira Isaacs Case

LOS ANGELES — After a week of waiting, the judge in the Ira Isaacs obscenity case still hasn't ruled on a defense motion to dismiss the case based on a claim of double jeopardy.

On Monday, U.S. District Judge George H. King received motions from defense attorney Roger Jon Diamond and the government's legal counsel, Ken Whitted, who serves on the Justice Department's Obscenity Prosecution Task Force.

Diamond told XBIZ that he moved for King to dismiss the case because going forward with the trial again would put his client, Isaacs, on trial for the same charges twice. The case's previous judge, Alex Kozinski, recused himself because of a Los Angeles Times story that revealed he ran a sex-themed website. In doing so, Kozinski called for a mistrial – which Diamond opposed.

"We didn't ask for a mistrial," he said. "We objected to it. We wanted to finish that trial."

A jury in that trial had already been chosen, sworn in and had heard and seen ample evidence. Diamond argued in his motion that another trial would call into play the Fifth Amendment's prohibition against "double jeopardy."

King gave himself a brief recess on Monday to consider the motion, and he originally said he would return in a matter of minutes to deliver his decision. Moments later, he returned and told the court he would need more time to consider the motion. He has yet to hand down a decision.

Diamond said that King has the prerogative to take as much time as he wants to hand down a decision, though Diamond did say it was unusual for him to tell the court he would be back with a quick decision and then take as much time as he has.

"It sounded like he knew what he was going to do," Diamond said.

Although nothing new has happened as of yet, Diamond noted that regardless of the judge's decision, both sides could immediately appeal the decision before the case goes to trial because of the double jeopardy claim involved.

"If the judge rules against us, we wouldn't have to go through the whole trial and then file an appeal based on double jeopardy," Diamond said. "We could file right away."

As for why the judge is taking so long, Diamond could only offer speculation. He suggested that King might be working on a longer, written ruling, or that he might just have other tasks on his calendar.

"What I don't think is that he's been sitting in his chambers this entire time, cogitating over the matter," Diamond joked.

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

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

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.

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Show More