Federal Judge Asks to Be Removed

Judge Asks to Be Removed From Trial
The Associated Press - June 14, 2008

LOS ANGELES, June 13 -- A federal judge under scrutiny for posting sexually explicit material on his own Web site declared a mistrial Friday in an obscenity trial over which he was presiding. Judge Alex Kozinski said he would ask that the case be assigned to another judge. Kozinski, the chief judge of the U.S. Court of Appeals for the 9th Circuit, was serving as a trial judge in a federal prosecution of a man who distributed videos showing bestiality and extreme fetishes. "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," Kozinski wrote in his order. The postings on the judge's Web site came to light earlier this week when opening statements were underway. The trial was suspended Wednesday after jurors had already watched some of the videos.

Kozinski on Thursday asked an ethics panel of the 9th Circuit to investigate his own conduct, and he pledged to cooperate fully. He also asked United States Chief Justice John G. Roberts Jr. to assign the inquiry to a panel of judges outside the 9th Circuit's jurisdiction of nine Western states. In the obscenity case, the Justice Department is prosecuting Ira Isaacs, 57, on four counts, including importation or transportation of obscene material for sale. He faces a maximum of 20 years in prison and forfeiture of assets if convicted. Defense attorney Roger Jon Diamond said he is upset about the mistrial and is considering his options. He said it is unclear whether the case can proceed with the same jury and a new judge. Diamond accused the Justice Department of "intimidating Judge Kozinski into doing this." Justice Department attorneys are trying the case.