| Bestiality and Defecation....Artistic Value? |
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| Written by harry2 |
| Thursday, 19 June 2008 14:20 |
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Bestiality and Defecation....Artistic
Value?
If all goes according to plan, an otherwise stately federal courtroom in downtown Los Angeles will be converted into a makeshift movie theater this week, screening a series of graphic -- many would say vulgar -- sexual fetish videos. At issue is how a jury will define obscenity in a region that boasts its status as the capital of the pornography industry and at a time when technology has made the taboo adult flicks of a generation ago available to a mainstream audience. Hollywood filmmaker Ira Isaacs says the videos he sells are works of art, protected under the Constitution. Federal prosecutors contend they are criminally obscene. The prosecution is the first in Southern California by a U.S. Department of Justice task force formed in 2005 after Christian conservative groups appealed to the Bush administration to crack down on smut. For jurors to determine whether Isaacs' work is obscene, they will view hours of hard-core pornography so degrading that in one film, an actress cries throughout, prosecutors said in court papers. But if jurors find that any of the four videos at issue in the case have any "literary, scientific or artistic value," the work is not legally obscene, according to a 1973 Supreme Court ruling. "All they're going to do is turn on a DVD machine and hope the jury is going to be so shocked and disgusted and offended that they're going to throw me in prison," said Isaacs, 57, a native of the Bronx. He said he hopes that jurors will be shocked -- he's a self-described "shock artist" -- but also that they will see artistic value in the work. The portly defendant, who sports a ponytail and goatee, produced and starred in one of the videos. He contends that the sex in the movie is incidental to the art. It's merely a marketing tool to drive sales of the videos on the Internet, he said. In a statistic that some may find every bit as shocking as his work, Isaacs said he was selling about 1,000 videos per month at $30 apiece before being raided by the FBI early last year. The number has since dropped to between 700 and 800 per month, but they still generate enough money to pay the rent on a house with a pool in the Hollywood Hills. Isaacs predicted that many jurors would not be able to stomach viewing the movies, some of which feature acts of bestiality and defecation. "It's going to be a circus," he said of the upcoming trial. "I think I'd freak out if I had to watch six hours of the stuff." Jury selection is expected to begin today. Presiding over the trial will be Alex Kozinski, chief judge of the 9th Circuit Court of Appeals. Kozinski was assigned the case as part of a rotation in which he and other appeals court judges occasionally oversee criminal trials in addition to deciding appeals. His involvement in the case may be a stroke of luck for Isaacs. That is because Kozinski is seen as a staunch defender of free speech. When he learned that there were filters banning pornography and other materials from computers in the appeals court's Pasadena offices, he led a successful effort to have the filters removed. "I did some rabble-rousing about it," Kozinski said in a brief interview last week. He said he was made aware of the issue when a law clerk researching a case was banned from accessing a gay bookstore's website. "I didn't think the bureaucrats in Washington should decide what the federal judiciary should have access to," the judge said. "I thought that was incredibly arrogant for them to decide on their own." Kozinski declined to comment on any aspect of the Isaacs case. Isaacs said he would testify as his own expert witness at trial and planned to lecture jurors on how perceptions of art have changed over the years. There was a time, he said, when the works of authors James Joyce and D.H. Lawrence were called obscene. The point, Isaacs said, "is do we really want to throw artists in jail in America?" Kenneth Whitted, the Justice Department prosecutor assigned to the Obscenity Prosecution Task Force, declined to be interviewed for this report. According to the Justice Department's website, the task force "is dedicated exclusively to the protection of America's children and families through the enforcement of our Nation's obscenity laws." The task force has won convictions in more than a dozen cases, the vast majority resulting from plea bargains, according to case summaries provided by the department. Only a few defendants have elected to fight the charges at trial. Punishment in most cases included some prison time, ranging from one to seven years, as well as stiff fines and forfeiture of proceeds. At a time when even hard-core pornography is available in major hotels, through cable companies and on the Internet, prosecutors have focused their efforts on particularly outrageous material, often involving sex with animals and defecation. Most of the cases were brought in relatively conservative areas of the country, five of them in Texas. Whether jurors in Southern California have more lenient views on obscenity will be tested at Isaacs' trial. Federal agents raided Isaacs' Koreatown office in January 2007. Isaacs said he was told by authorities that the investigation was initiated after a local person complained, and was eventually turned over to the task force in Washington. He is now facing charges related to the importation, transportation and distribution of obscene material in connection with four videos he was selling over the Internet, including the one he produced. Isaacs admits to producing that film and to distributing all four. But he denies that they're obscene. "That's for the jury to decide," he said. He said that prosecutors have made several overtures inviting him to take a plea in the case, but that he has refused every time. Pleading guilty would be admitting that he was just another pornographer, he said. "If I get convicted and go to prison now," Isaacs said, "I go as an artist." New
Twist to this One
A federal appeals court judge on Friday stepped down from a high-profile obscenity trial in Los Angeles, three days after acknowledging that he had posted sexually explicit material on a publicly accessible personal website. "In light of the public controversy surrounding my involvement in this case, I have concluded that there is a manifest necessity to declare a mistrial," wrote Alex Kozinski, chief judge for the U.S. 9th Circuit Court of Appeals. "I will recuse myself from further participation in the case and will ask the chief judge of the district court to reassign it to another judge." On Wednesday, Kozinski suspended the trial of Hollywood filmmaker Ira Isaacs to allow the prosecutor to explore what he saw as "a potential conflict of interest concerning the court having a . . . sexually explicit website with similar material to what is on trial here." Prosecutor Kenneth Whitted, who had expressed dismay with one of Kozinski's earlier rulings in the case, declined to comment on the recusal. Isaacs, the defendant, said he was disappointed Kozinski was no longer the judge. "I thought he was a fair judge," he said. "I feel terrible that my trial caused this information to come out." He added, though, that it was somehow fitting for the trial, which he predicted would be a spectacle from the start. Isaacs planned to argue that his hard-core videos depicting acts of bestiality and defecation were works of art and therefore not legally obscene. Jurors spent several hours Wednesday watching the videos before the trial was interrupted. "This whole trial is one big piece of performance art," Isaacs said. "I just can't imagine what's going to happen next." The halting of Isaacs' trial came after The Times published an article on its website describing some of the sexually themed content on the judge's website. In an interview Tuesday, Kozinski had acknowledged posting the images but said he believed it was a private storage area that could not be accessed by the public. Had he known it was not properly protected, he said, he would have been more careful about the content he kept there. He acknowledged that some of the material was inappropriate but defended other items as funny. He said he must have uploaded some of the material by accident. Following the interview, he blocked access to the site. After the story broke, the judge issued a statement saying his adult son told him that he may have placed some of the controversial material on the website. In addition to declaring a mistrial, Kozinski -- a nationally respected judge who has been mentioned as a potential Supreme Court candidate -- also called for an investigation of himself. He issued a statement Thursday asking the Judicial Council of the 9th Circuit to "initiate proceedings" in response to The Times article. Laurie Levenson, a Loyola Law School professor and former federal prosecutor in Los Angeles, said Kozinski has taken the right steps to put the issue behind him. "The best thing for him to have done was to extricate himself as much as possible, and I think that's what he's done," she said. Before it was taken down Tuesday, visitors to h**p://alex.kozinski.com were greeted with the message: "Ain't nothin' here. Y'all best be movin' on, compadre." But adding "/stuff" to the address revealed a hodgepodge of material, including music files, essays, cartoons and family photos. Kozinski, himself, occasionally linked the public to his site. For example, in a letter published on the New York Times website in November 2005, he directed readers to his site so they could see an old clip of him on "The Dating Game" show. More recently, the files containing the sexual content were found by Cyrus Sanai, an attorney from Beverly Hills, who then alerted The Times. Sanai said he was conducting research in connection with a dispute he was having with Kozinski when a Google search led him to a directory on the judge's website containing the material. Many of the items on the website, some of which the judge said he received and sent via e-mail, are intended to be crudely humorous. One such item is a photo of two women seated in what appears to be a cafe with their skirts hiked up to reveal their pubic hair. Behind them is a sign reading "Bush for President." Kozinski defended that photo as "a funny joke." Among other items were a photo of two nude women painted to look like cows, a video of an encounter between a half-dressed man and a sexually aroused farm animal, a striptease slide show featuring a transsexual, a series of photos of women's crotches in snug-fitting clothing or underwear and a step-by-step pictorial of a woman shaving her pubic hair. Some nonsexual material on the website might also be considered demeaning to women: There was mock mathematical equation presented as "proof that girls are evil," and a photo of a 1950s-era mother and her daughter sharing a book titled, "Becoming a Bitch." Legal experts who had called on Kozinski to recuse himself from the Isaacs case said it wasn't necessarily a problem that the judge had collected sexually explicit material but that he was reckless in allowing it to be discovered. "The real problem is that once this came to light, it made people question whether he was the right judge to handle the case," Levenson said. "And that's a question that would never have arisen if he had not been so reckless in how he handled these materials." Man do I love Life.....Cheers Mates |






