A federal appeals court has upheld the convictions of the fetish filmmaker Ira Isaacs who was sentenced to four years in prison for producing obscene material and mailing it across state lines.
A Los Angeles jury convicted Ira Isaacs in April 2012 of
five counts connected to the production, sales and shipping of the films Mako's First Time Scat , two volumes of Hollywood Scat Amateurs and Japanese Doggie 3 Way . Two earlier trials were declared mistrials.
three-judge panel of the U.S. 9th Circuit Court of Appeals in Pasadena rejected Isaacs' arguments that the lower court made errors in regard to jury instructions and abused its discretion by excluding the defendant's proposed expert testimony.
Defense attorney Roger Jon Diamond said he would discuss with Isaacs whether to file a petition for rehearing before the full 11-judge appeals panel. Diamond said:
This case is a relic from the George W. Bush days. It's been a big waste of money and resources.
The case against Isaacs was originally brought in 2007 by Department of Justice prosecutors with the
now-defunct Obscenity Prosecution Task Force. Isaacs was charged under an updated indictment in 2011. Isaacs has spent no time behind bars since the convictions.
Fetish porn producer and distributor, Ira Isaacs, has been sentenced to 48 months in federal prison and fined $11,000 at federal court in Los Angeles. After serving his sentence, Isaacs will be subject to three years of supervised release.
attorney Roger Jon Diamond indicated that his client will appeal the ruling to the 9th U.S. Circuit Court of Appeals.
Isaacs was found guilty in April 2012 on five counts of violating federal obscenity laws over the distribution of Mako's First
Time Scat, Hollywood Scat Amateurs #7, Hollywood Scat Amateurs #10 and Japanese Doggie 3 Way.
It was the third obscenity trial for the distributor and producer, who all along contended that the works he had been charged with have
artistic value and can't be deemed obscene. The first two ended with mistrials.
The attorney representing Ira Isaacs has filed an appeal on behalf of the fetish filmmaker and distributor with the 9th U.S. Circuit Court of Appeals.
Attorney Roger Jon Diamond filed court papers with the 9th Circuit claiming that Isaacs is entitled to an appeal to have his convictions and sentencing tossed because the jury in his case was improperly instructed, his own testimony was
restricted and thus a violation of due process, and because he faced double jeopardy after two earlier trials on the same offenses ended with mistrials.
A Los Angeles jury has just found Ira Isaacs guilty on all five counts in his obscenity trial.
The jury began deliberating the charges of producing, selling and shipping the four charged movies:
Mako's First Time Scat,
Hollywood Scat Amateurs 7 and 10,
Japanese Doggie 3 Way
Isaacs looked pensive as the jury filed into the courtroom, and was visibly shaken as the jury foreman read the guilty verdicts on the five counts, each of which could net him five years in (likely) a minimum security federal prison.
Isaacs' attorney Roger Jon Diamond told AVN that he felt his client had several grounds for appeal, but a final decision as to whether Isaacs will appeal the verdicts has not yet been reached.
Offsite Comment: If Porn Isn't Art, Does It Still Have a Right to Exist?
Ira Isaacs basic defence was that hi work was art.
Obviously Hollywood Scat Amateurs #10 was never intended to be art, and that's the real problem with the art argument: it covers up what's truly valuable about these films, which is that they allow us to critique of the notion of obscenity itself.
The California obscenity statute defines prurience as a morbid, degrading, unhealthy interest in sex. But this sells all sexual minorities down the river. Is it more degrading to see a representation of your desire, or
be deemed perverted by the state? In 2012, should the state still be passing judgment on the consensual sex lives of others?
In the end, the jury pronounced Isaacs guilty on all counts and got home before rush hour. That's
not surprising, given that they'd been instructed not to consider what a deviant subset might find normal, or even what they themselves might find normal, but instead to imagine the values of the community at large. Even in Central District of
California---the home not only of the nation's porn industry, but also of bedroom communities from San Luis Obispo to Orange County---that leaves a lot of room for sexual missteps.
t was almost five years ago, on July 24, 2007, that the original government indictment against Ira Isaacs was filed in a U.S. District Court in Los Angeles. After two failed attempts to nail him for obscenity in the intervening years, the Justice
Department is going for a third swing at the Ira Isaacs ball. On Monday, the parties will gather at 8:30 a.m. in a downtown Los Angeles courtroom for jury selection.
The last attempt failed when the jury didn't agree on a verdict.