Created: Friday, 18 March 2005
Day 15 in Michel Jackson’s trial consisted of a series of motions and decisions pertaining to, the 1993 case, the possible fingerprint contamination of the evidence and Mr. Jackson’s finances, among other things, On the heels of two weeks of highly contradictory testimony from the accuser and his siblings, the prosecution, once again, asked the judge to consider bringing in the alleged, but never charged, ‘prior acts’ levied against Mr. Jackson, in an attempt to substantiate their fledgling case.
Intent on demonstrating a pattern of child abuse in Mr. Jackson’s past, Prosecutor Tom Sneddon asked Melville to allow him to tell jurors of the previous cases and call the alleged victims to the witness stand. The Judge said he would not allow any witnesses to appear for this, that he would only hear arguments from both sides. At the insistence of the prosecution, Judge Melville said they could have witnesses available if they wanted. However, he specified, he was highly unlikely to allow them to testify at this time.
Settlement of the 1993 case prompted the collapse of the case against Mr. Jackson, also led by District Attorney Tom Sneddon, and led to a change in California law to allow evidence of previous uncharged allegations to be presented in evidence in a child molestation trial. Mr. Jackson was never charged with this, or any, crime.
The judge said he would hold on March 28 a mini-hearing with the lawyers, but out of the jury’s earshot, before he decides whether to allow the crucial testimony.
The defense urged the judge to consider whether evidence presented by the prosecution, including the highly contradictory testimony from Mr. Jackson’s accuser and his siblings, was credible enough to warrant raising the previous uncharged cases.
Mr. Jackson’s lawyer Robert Sanger said the judge would have to determine “if the evidence is so inflammatory as to be prejudicial” in the current case against Mr. Jackson. He also asked Melville to consider the risk of confusing the jurors and causing major delays in the trial.
At Friday’s session, which neither Mr. Jackson nor his trial jurors attended, Melville also rejected a motion for mistrial based on defense claims the prosecution violated a court order in naming the 1993 accuser.
The defense complained that the prosecution on Thursday called the 1993 accuser by name, against the judge’s prior ruling.
“Of course there was intent to infer something by this testimony,” attorney Robert Sanger told the court.
But, surprisingly, the judge said he did not consider the line of questioning “was helpful or harmful to the prosecution.”
Mr. Jackson has never been convicted of a sexual offense, but prosecutors want to present witnesses they believe will show that the current case is part of a pattern.
Also on Friday, Judge Melville agreed on Friday to allow testimony that the boy accusing the singer of molestation once claimed comedian George Lopez stole his wallet.
Defense attorney Robert Sanger said Lopez and the boy met at a comedy club, but later had a falling out. Sanger said the boy, pressed by his father, then accused Lopez of stealing his wallet and demanded $300.
The defense claims the incident shows a pattern of the accuser trying to get money and other things from celebrities. Mr. Jackson’s attorneys have said the boy invented molestation claims against Mr. Jackson after the boy and his family were evicted from Mr. Jackson’s Neverland ranch.
District Attorney Tom Sneddon sought to block the Lopez evidence, saying the boy tried to resist his father’s plan to say there was $300 in the wallet.
In another key decision, Melville also said he would allow prosecutors to summon some of Mr. Jackson’s financial records in their attempt to prove that Mr. Jackson was motivated by his alleged financial situation.
Additionally, the defense maintains that fingerprints belonging to Mr. Jackson’s accuser found on at least one adult magazine seized in his bedroom were placed on the book during the grand jury hearings, thereby contaminating the evidence.
Prosecutors, meanwhile, withdrew a request to summon the foreperson of the grand jury that handed down the indictment against Mr. Jackson in April 2004, when the defense challenged that is that was the case then they would be forced to call the rest of the grand jury to the stand.
As a compromise for both sides, Melville said the prosecution could bring in a district attorney who was present at the hearings.
Mr. Jackson has pleaded innocent all counts of sexually molesting the boy, plying him with alcohol and conspiring to kidnap him and his family and hold them against their will at Neverland two years ago.
The prosecution said Friday it would conclude presenting evidence of the molestation claims by the end of next week, and would then address the other charges.
No testimony was heard Friday; it will resume on Monday
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