LOS ANGELES — Producer Ira Isaacs was in the middle of his obscenity trial when U.S. District Judge Alex Kozinski had to recuse himself after it was revealed via information supplied by a Kozinski enemy attorney Cyrus Sanai, that Kozinski used a website to distribute sexually explicit photos and videos.

A mistrial was declared, a point argued by Isaac’s attorney Roger Jon Diamond who felt that another judge should have stepped in.

Consequently, Diamond, according to a story reported on www.xbiz.com, has filed a petition for certiorari with the U.S. Supreme Court asking the high court to review Isaac’s case on the basis of double jeopardy which forbids a defendant to be tried for the same crime twice on the same set of facts.
Diamond told XBiz that if the court decides not to review the case, Isaac’s obscenity trial will begin again. If the court does decide to review the case, the judges could either rule to have the case thrown out entirely or affirm the ruling of the 9th U.S. Circuit Court of Appeal, which was to allow a re-trial.
Isaacs said while he’d like to walk away from this thing, part of him wants his day in court believing that should he win, it would be a great victory for the First Amendment.
Isaacs, who owns Stolen Cars Films and LA Media, faces multiple obscenity-related counts in connection with distribution via the mail the videos “Gang Bang Horse — ‘Pony Sex Game,’” “Mako’s First Time Scat,” “Hollywood Scat Amateurs No. 7” and “BAE 20.”

Federal prosecutors allege that the films are obscene and have no artistic merit.