Federal Crimes

Published on: January 23, 2013

Two Girls, One Cup Pornographic Filmmaker Ira Isaacs Sentenced to 48 Months in Prison

60 year old pornographic filmmaker Ira Isaacs was sentenced on January 17, 2013 in the Central District of California for the Federal crime of producing and selling obscene videos and distributing obscene videos. Isaacs is known as a “shock porn” director and has routinely made videos depicting bestiality and sexual conduct involving feces. One such video was known as “Two Girls, One Cup” and involved a sexual encounter with two women eating human waste. Isaacs’ criminal defense attorney argued that despite the horrific nature of the videos that they are protected speech under the First Amendment of the United States Constitution. This argument fell on deaf ears when a federal jury convicted Isaacs on April 27, 2012 of a superseding indictment involving several counts. Pursuant to his sentencing Isaacs was ordered by Federal District Court Judge George H. King to serve 48 months in the Federal Bureau of Prisons, be subject to supervised release upon his release from prison for three years and pay a $10,000 fine. Isaacs was tried previously, both ending in mistrials. In 2008 his initial trial ended in mistrial when presiding Judge Alex Kozinski was forced to recuse himself after it was found that he possessed pornographic material on a personal website. Later, during a trial on March 6, 2012 a jury deadlocked at 10-2 resulting in a second mistrial.

As best as I can tell Isaacs was indicted for violations of 18 USC 1465 for Production and Transportation of Obscene Matters for Sale and Distribution, 18 USC 1462(a) for Importation or Transportation of Obscene Matters and lastly 18 USC 2257(f)(4) for failing to keep records of actors and actresses involved in his movies. The applicable language or gist of the statutes of which Isaacs was charged is as follows:

18 USC 1465- Whoever knowingly produces with an intent to distribute into interstate or foreign commerce for the purpose of sale or distribution, any obscene material, would be guilty of 18 USC 1465 and subject to a five year term in the bureau of prisons and a fine.

18 USC 1462(a)- Whoever brings into the US or uses an express company for carriage in interstate or foreign commerce any obscene, lewd or lascivious motion-picture film shall be subject to a five year term in the bureau of prisons and a fine.

18 USC 2257(f)(4)- It is unlawful for one to produce any motion picture as described in the preceding statutes without creating an individual and identifiable record pertaining to each performer in the motion picture. In essence this law is aimed at preventing minors from engaging in such movies.
Continue reading →

Published on: January 16, 2013

Cortnee Brantley Jurors Deliberate in Misprison of a Felony Trial in Middle District of Florida Federal Court in Tampa

By Mayberry Law Firm

Cortnee Brantley, the girlfriend of Dontae Morris now awaits her fate as Middle District of Florida jurors deliberate in her Misprison of a Felony trial. Brantley was with Dontae Morris on June 29, 2010 during a tragic traffic stop where Tampa Police Department officers Jeffrey Kocab and David Curtis were murdered by Dontae Morris. After Morris is said to have shot Officer Kocab and Officer Curtis, Cortnee Brantley fled the scene via car and Dontae Morris fled the scene on foot. At issue in the trial is whether Cortnee Brantley knew whether or not her boyfriend, Dontae Morris, was a convicted felon carrying a firearm. This case has gone to trial in one previous attempt, resulting in a hung jury when the empaneled jury at the time could not come to a decision after deliberating for nearly eight hours.

Ask any Tampa criminal lawyer with any Federal criminal court experience and you’ll likely be told that a misprison of a felony charge is rarely a crime charged directly. Just as a reckless driving charge is generally a reduction from driving under the influence, misprison of a felony is something we, as Tampa Federal criminal attorneys, use in an effort to convince the United States Attorney’s Office to reduce a more serious crime to. Frankly, misprision of a felony is an odd charge as it is not one typically found at the State court level. Federal in nature, misprision of a felony is an old common law charge held over from old English courts who used this charge to prosecute those for failing to report a crime. Even in England the charge was considered a misdemeanor and carried with it an exception for those who could be incriminated by divulging the subject crime. Like old England, the 5th Amendment to the Constitution prevents Brantley from being forced to report the subject shooting. Rather, the charges against Brantley are based on the United States Attorney’s allegation that she had a duty to report that Dontae Morris was a felon in possession of a firearm, contrary to Florida Statute 790.23. Per Federal Statute 18 USC 4 one who has knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
Continue reading →

Published on: November 15, 2012

Waffle House CEO Accused of Forcing his Former Personal Assistant to Perform Sexual Acts Upon Him

By Mayberry Law Firm

Waffle House CEO Joe W. Rogers Jr. is accused of forcing his former personal assistant to “perform sexual services” as a part of her employment with him. Rogers is accused of going so far as requiring his former assistant to “masturbate him” as part of her employment. The assistant further alleges that on numerous occasions Rogers attempted to force himself on her and requested oral sex.

Aside from the above referenced acts it is alleged that Rogers’ assistant was forced to often purchase pornography for him and was made to appear naked in front of him. Rogers’ accuser claims the inappropriate conduct began in 2003 and carried through until her resignation on June 29, 2012 upon learning that her son earned a college scholarship. The accuser claims to have remained in her job despite the abuse because she was a single mother and needed the income to support her family.

Not only might Rogers face a significant civil lawsuit, should the Atlanta prosecutor’s office elect to pursue these charges he could face some very embarrassing criminal charges. Because this is a Florida legal blog we will attempt to explain what would happen if Mr. Waffle would have conducted himself in this manner in Florida.

Oddly enough, Rogers would not face a sexual battery charge, as, according to this report, there was no oral, anal, or vaginal penetration of any kind. Without penetration, there is no sexual battery. Rogers would escape any kind of lewd and lascivious battery charges or molestation as again there was no penetration and his alleged victim is over the age of 16. At the end of the day, were this act in Florida, despite his perversion Rogers would likely only face a first degree misdemeanor battery charge and a second degree misdemeanor charge of indecent exposure.
Continue reading →