BREAKING NEWS...
Both sides win and lose on other issues
On Friday, the judge overseeing the Michael Jackson child molestation case ruled that the boy accusing the entertainer and the boy's brother must testify in open court.
READ MORE...The prosecution had argued that subjecting the boys, who are now both in their mid-teens, to public testimony would cause irreparable harm.
Prosecutor Gordon Auchincloss stated that subjecting the accuser and his brother to a public proceeding will lead to them being "denigrated and tabloided forever," contending that the faces of the pair "would be on the cover of every tabloid newspaper from Miami to Tokyo" if the courtroom was kept open to the media and public.
The assertion is an odd one, for the mere fact that paparazzi-snapped photographs of the accuser and his family while going about their daily business have long since been circulating in international papers, and continue to occasionally turn up.
In opposition to the prosecution's request, media attorney Theodore Boutrous pointed out that the "identities of both minors are widely known to the public" and that "closure sought by the District Attorney would do nothing to mask either the identity or the substance of the witnesses' testimony."
Boutrous further stated that barring the public from attending a criminal proceeding would be in violation of its First Amendment rights.
Jackson defense attorneys also motioned against the closing of the courtroom, arguing that it denies their client "his right to a public trial in which he is entitled to confront his accusers." The defense said that the accuser nor his brother are the "innocent little lambs" the prosecution makes them out to be, that other teens will come forth and testify that neither of the boys are "fragile nor sensitive," and that Jackson seeks not only an acquittal, but vindication in a public trial.
Despite the prosecution's contentions, Superior Court Judge Rodney Melville ruled in favor of the defense and media. In making his ruling, the judge said that a sketch artist will not be allowed in the courtroom during the testimony of the siblings, and that the ruling would be reconsidered should any disruption occur during testimony.
Melville also ruled on a number of other motions during the final hearing before the start of jury selection.
Regarding several requests by the prosecution, the judge ruled that the British documentary, "Living with Michael Jackson," could be shown to jurors during trial.
The prosecution theorizes that the documentary was so catastrophic to Jackson's career, finances, and future, that he and his business associates resulted to conspiring and carrying out a plot to kidnap, falsely imprison, and extort the accusing family into making positive statements about the singer.
Lead defense attorney Thomas Mesereau countered by stating that "Living with..." was "an outrageous and inflammatory piece of material," which was "highly edited, highly dramatized...and sensational," pointing out that significant portions of the interview with Jackson had been omitted and statements taken out of context.
Mesereau argued that to counter the infamous documentary the defense should be allowed to show footage taken by videographer Hamid Moslehi to demonstrate that the program's final cut was a hatchet job that cut short answers from Jackson. The lawyer also suggested that jurors be allowed to see the rebuttal video, which aired two weeks following the Bashir documentary.
Melville stated that he would view the Moslehi footage, as well as the rebuttal video, and later render a decision on the matter.
The Court also ruled that Bashir could be called to testify as a witness for the prosecution, denying Bashir's attempt at dodging the subpoena compelling him to provide testimony in court. Melville said that questioning of Bashir would be limited to certain areas and his lawyer could object to any questions asked for the journalist. The judge also ruled that the protective order in the case would only be applicable to Bashir had he had personal knowledge of the accusations being levied against Jackson.
Additionally, Melville approved the admittance of dozens of adult material seized from Neverland during the 2003 raid, and rejected the use of materials seized from Jackson's home in 1993.
In a battle over terminology, the prosecution asked that the defense not refer to them as "government" because the termed carried negative connotations, particularly in Northern Santa Barbara County, where county government has fallen out of favor with some residents. It is from this area that the jury is being picked.
The defense requested that the prosecution not refer to themselves as "the People" in a manner that would suggest that they are part of the jury; that the accuser and his family not be referred to as "victims"; and that pornographic items seized from Neverland not be called "pornographic," "obscene," or "erotica."
On these matters, Melville ruled that prosecutors are entitled to refer to themselves as "the People, but they are certainly not entitled to refer to the jury as if they are "the People," too," and that such does not prevent the defense from referring to them as "the government," "the prosecution," or "the People" if they so choose.
Melville also ordered that the accuser and his brother not be called "victims" until the prosecution's closing arguments, and that books, magazines, and videos taken during the raid will be called "adult material" during trial.
A blanket request by the prosecution asking that the defense not attack the credibility of their witnesses, particularly the accuser's mother, was denied. The judge said he would hear evidence and objections when issues arise.
Melville also asked both sides for civility during the trial, stating that "the world is watching justice in the United States. Not Santa Maria. Not Santa Barbara County. The world is watching," and that counsel for the prosecution and defense should refrain from personal attacks.
"And I expect you will carry the burden on both sides to show the world what a fine justice system we have. .... I will not put up with personal attacks," Melville remarked. "I've said we have the best of the best here."
The judge also decided that Jackson's relatives, who have attended a number of past hearings with the entertainer, would be unable to be in the courtroom during the first part of jury selection because the limited number of seats available will be needed for potential jurors.
Source: Santa Barbara News-Press/Santa Maria Times