6/12/2008

Alex Kozinski is in some hot water

First let me say that I know Alex Kozinski and that I like him a lot. That said, he is understandably in some hot water over what the LA Times describes as "Obscenity trial suspended after judge said he posted sexually explicit materials." Personally, while disappointing, I don't think that this is a huge deal no matter how strange the film clips that were found on his computer were. He has offered to resign from the case and it is up to the prosecution and defense to make that decision. The same issue can be raised in future cases if it again proves to be relevant. Personally, I think that Alex can divorce his personal opinions from what the law is. Second, I take him at his word that he merely kept on his computer some of the weird things that people sent him over time. After all, it seems only natural for someone who is having to deal with the bizarre and disturbing case that is before him to investigate these issues on his own somewhat. (Obviously, he must keep his opinions based only on the material presented to him in court.) While I suppose that people are likely to draw the worst possible conclusions, it is possible that he only kept these strange pictures for curiosity reasons. I guess that I can't understand anyone really finding pictures of women dressed as cows sexually interesting, so because of that I am willing to give his claim more weight. He is correct to refer to those pictures as "degrading." I just hope for him that this recedes into the background quickly.

UPDATE 1: Above the Law has this email exchange with Kozinski:

David: I can't comment on the trial.
As for the other matter, the server was maintained by my son, Yale, for the entire family. Pictures, documents, music, audio and other items of personal and family interest are stored there so various family members can reach them from wherever they happen to be. Everyone in the family stores stuff there, and I had no idea what some of the stuff is or was -- I was surprised that it was there. I assumed I must have put it there by accident, but when the story broke, Yale called and said he's pretty sure he uploaded a bunch of it. I had no idea, but that sounds right, because I sure don't remember putting some of that stuff there.

I consider the server a private storage device, not meant for public access. I'd have been more careful about its contents if I had known that others could access it.


UPDATE 2: Another website, the South Carolina Criminal Defense Blog, has this take:

After actually seeing the photos that this is all about, I think it has been blown far out of proportion.
I think that this is correct.

Labels:

7 Comments:

Anonymous USLaw.com said...

A list of the files on Kozinki's computer:

www.uslaw.com/pop


His awareness of the popularity of these "viral videos" makes him even more qualified to maintain impartiality over a trail involving the interpretation of community standards.

6/12/2008 1:52 AM  
Blogger Grace Suarez said...

Kozinski did not just keep "on his computer some of the weird things that people sent him over time." If that had been the case then I would have no criticism. But what he actually did was post them on a publicly accessible web site! Granted, in a separate file folder, but there for anyone with half a brain to find.

6/12/2008 4:55 PM  
Anonymous Anonymous said...

Here we go again.

Everything seems to be ok now including a filthy minded judge sitting in such a prestigouus position. Liberalism is destroying the moral fabric of this country and it's really starting to show.

What does it take to be a dirt bag if not this?

6/13/2008 2:29 PM  
Blogger Grace Suarez said...

Mmmmm, Anonymous, Kozinski is a conservative Reagan appointee.

6/13/2008 3:34 PM  
Anonymous USLaw.com said...

UPDATE: Kozinski recused himself earlier today. Should he have? How similar were the videos on his website and the images involved in the government's case against artist Ira Isaac? Judge for yourself.

In a follow-up to yesterday's images from the Kozinski website, USLaw.com has gathered images from the videos the government claims are criminally obscene:

USA vs. Ira Isaacs art images

6/13/2008 6:40 PM  
Blogger Grace Suarez said...

The report I read said he declared a mistrial. This could be a serious legal error. If the mistrial was not manifestly necessary, it could invoke the doctrine of double jeopardy. In other words, Isaacs could not be retried. I noticed Isaacs' counsel objected.

6/13/2008 10:47 PM  
Blogger Grace Suarez said...

Okay, I looked at the Isaacs images. Suddenly I don't feel like having dinner. So how are they that different from Kozinski's shot of the guy hanging upside down covered in his own feces?

6/13/2008 10:50 PM  

Post a Comment

Links to this post:

Create a Link

<< Home