Created: Saturday, 26 March 2005
Day 18 of Michael Jackson’s trial dealt a serious blow to the prosecution’s floundering case when Judge Melville made the decision that adult material from Internet sites found on the computers in Michael Jackson’s home, which could have been used by any number of people, employees and guests, would not be permitted to be used as evidence.
Superior Court Judge Rodney Melville said he examined the computer material, and agreed with the defense it may have been automatically stored by the computers and saved by ‘pop-ups’ and didn’t appear to be from the time of the alleged crimes. and “there wouldn’t be any way of knowing if anyone looked at the material or not.”
The judge also agreed the material did not appear related to the time period of the alleged crimes.
The ruling came as District Attorney Tom Sneddon put into evidence hundreds of adult magazines, DVDs and photos, but none of it involved children or carried any DNA from Mr. Jackson’s accuser or the boy’s family. This was confirmed under defense questioning of Sheriff’s Detective Craig Bonner, where he acknowledged that it was true no DNA from the accuser, his brother or any member of the family was found on any of the items. Additionally, the defense pointed out that the boy handled the magazine at the grand jury hearing.
In arguing for the computer evidence, the prosecution said technicians isolated material on three computers at Mr. Jackson’s Neverland ranch that included teen-themed adult Web sites and information about adopting children.
Prosecutor Gordon Auchincloss said he felt the adoption sites related to Mr. Jackson’s statements in a documentary that he was interested in adopting children.
In a highly presumptuous statement, the prosecution attorney said, “We intend to use this evidence to show … Michael Jackson knows how to use a computer … that he knows how to access adult materials on Internet sites.” The prosecution is making the grand assumption that Mr. Jackson was the one using the computer.
Defense attorney Robert Sanger called the material prejudicial and noted that all of it was dated either two years before Mr. Jackson met his accuser or several months after his involvement with the child and his family had ended.
Mr. Sanger said there was no proof Mr. Jackson was the person who accessed the Web sites and suggested much of the material was “cached,” or automatically saved by the computers, from material that popped up in e-mail when others used the computers.
The judge noted that the testimony from the young accuser and his brother stated that Mr. Jackson was not the one who operated a computer to show them sexually oriented material. He recalled testimony that linked a friend of Mr. Jackson, one of several people named as unindicted coconspirators, as the one named that showed the material to the boys.
Ordered to bring in other witnesses, Sneddon called to the stand detectives who searched Neverland and had them identify dozens of packages of magazines and books.
With no explanation as to its relevance, prosecutors also introduced a portrait of a Mr. Jackson friend, actor Macaulay Culkin.
Mr. Jackson arrived about 20 minutes early Wednesday. He acknowledged a “We love you Michael” shout from a fan by waving, and walked slowly inside without leaning on others as he has at times.
The day ended with an ambulance being summoned for one of Mr. Jackson’s attorneys, Brian Oxman, who leaned forward and put his head down at the counsel table after testimony concluded. Mr. Jackson, clearly very concerned for his attorney, had turned around to fan him and check his condition.
Mr. Oxman was taken to Marian Medical Center. Mr. Oxman’s wife said he had a touch of pneumonia. The hospital said he was stable and resting comfortably.
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