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

Ricky's Room Drops Christmas Orgy

Ricky’s Room has dropped “An Unwrapped Holiday Orgy” parts one and two.

Bree Brooks Stars in Holiday-Themed Release From New Sensations

Bree Brooks stars with Ricky Spanish in the new holiday-themed release from New Sensations.

Iris Kiss, Astrid Soleil Star in Latest From TGirls.Porn

Iris Kiss and Astrid Soleil star in the latest release from Grooby paysite TGirls.Porn, titled “The Next Generation” and directed by Omar Wax.

Agatha Vega Stars in Christmas-Themed EnjoyX Release

Newly crowned XBIZ Europas Female Performer of the Year Agatha Vega stars alongside Juan Lucho in the latest EnjoyX scene, “Naughty Christmas Gift.”

Clara Mia Makes Her Directorial Debut for Dorcel

Clara Mia has made her directorial debut with "Say You Love Me," the latest release from Dorcel.

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

Brazzers Debuts Limited Series 'Wet Hot Indian Wedding'

Brazzers has released the first installment of its new limited series, “Wet Hot Indian Wedding.”

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Slimthick Vic Headlines 'Friends & Exes 2' From Bellesa House

Slimthick Vic toplines the second volume of "Friends & Exes" from Bellesa House.

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

Show More