Man’s obscenity charge stands

A federal judge refused to dismiss obscenity charges against a Hollywood filmmaker whose prosecution was halted when a judge overseeing the case declared a mistrial after acknowledging he had posted sexually explicit material on his own publicly accessible personal website.

Attorney Roger Jon Diamond sought to have the case against Ira Isaacs thrown out, arguing that the judge who recused himself, Alex Kozinski, did not have a legitimate reason for stepping down and declaring a mistrial. Any subsequent trial, the lawyer argued, would be double jeopardy.

In a ruling made public Monday, U.S. District Judge George King denied Diamond’s request. King determined that Kozinski was justified in recusing himself and declaring a mistrial and that therefore, double jeopardy was not an issue. King did state in his order that if Isaacs appealed his decision, the case would be put on hold until an appellate court had considered the matter.

-- Scott Glover