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Intellectual Property Law

: Threat Level

Mistrial Declared in Obscenity Case Involving Controversial Judge

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

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The obscenity case over which Chief Judge Alex Kozinski was presiding was declared a mistrial today as Kozinski recused himself from the proceedings.

Kozinski released a statement saying it was necessary to do so "in light of the public controversy surrounding my involvement in this case."

The case, involving filmmaker Ira Isaacs who is accused of distributing obscene images depicting bestiality and defecation, became problematic this week when the Los Angeles Times reported that a web site the judge and his family maintained contained sexually explicit material.

The web site has been taken down, and Kozinski announced earlier this week that he would consider recusing himself if lawyers for the Justice Department or Ira Isaacs made the request.

Kozinski has asked the chief district court judge to assign a new judge to the case, but a lawyer for Ira Isaacs told the ABA Journal that he's not sure the case can proceed without also getting a new jury. He also expressed concern that the U.S. Department of Justice may have intimidated Kozinski into declaring the mistrial.


Full post as published by Threat Level on June 13, 2008 (boomark / email).

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