Accused murderer Jesse James Hollywood has failed to block the release of a film about his alleged crime as a Los Angeles judge ruled that movies enjoy the same protection from prior restraint as news reports.

U.S. District Judge R. Gary Klausner also found the involvement of a Santa Barbara County prosecutor in the production of “Alpha Dog” was “irrelevant to the issues at hand.” Deputy District Attorney Ronald Zonen served as a “consultant” on the fictionalized account of the kidnapping and murder of a 15-year-old boy in 2000.

“[T]he origin of the material does not affect the Court's First Amendment analysis,” Klausner said in a Dec. 13 order denying Hollywood's request for a preliminary injunction.

Hollywood, who is facing the death penalty, claimed the release of “Alpha Dog” before his trial would taint the jury pool, particularly as the film “so closely resembles” Zonen's views and theories. A state appeals court kicked Zonen off the case in October, finding his assistance to the movie's producers had created a conflict of interest.

But the U.S. Supreme Court has set an extremely high standard for a criminal defendant seeking to enjoin a fact-based production. And Hollywood came nowhere near meeting it.

“This case fits squarely within the scope of Supreme Court and Ninth Circuit decisions that have refused to enjoin the distribution of news reports or dramatic works that relate to ongoing criminal proceedings,” Klausner wrote.

Hollywood attorney James Blatt has already appealed. "It is the first time ever that a deputy district attorney has released the contents of an entire criminal file to a motion picture company while a case is pending," he blustered, disregarding Klausner's finding of irrelevance.