Thursday was a day of mixed fortunes for both sides in the Michael Jackson trial, as attorneys sparred over the final witnesses and evidence to appear in the trial.
Judge Rodney Melville ruled that jurors will be allowed to see a video of the accuser’s police interview but will not see pictures of the singer’s genitalia, taken during a 1993 investigation.
The police interview with the boy was filmed in July 2003 after he was sent to law enforcement by psychologist Stan Katz. He was referred to Katz by attorney Larry Feldman, a prosecution witness in the case.
Both Feldman and Katz were key players in similar allegations brought against Jackson in 1993. Charges were never filed in that instance, but the accuser accepted a multi-million dollar out-of-court civil settlement.
Arguing against the motion, defense attorney Robert Sanger told the Court that the video contained "prejudicial material" including officers telling the boy, "You're really brave, we want you to do this."
He said if the video was introduced, the defense may call the accuser and his mother back to the witness stand, along with Katz and Feldman.
Judge Melville said the video was “awful long†and suggested that playing a half hour of the tape would be sufficient. However he told prosecutors and defense attorneys to negotiate the editing of the film amongst themselves.
Genitalia pictures are out
In a victory for the defense, the Judge told prosecutors they could not introduce pictures of Jackson’s genitalia. The pictures were taken by law enforcement in 1993 after Jackson was served with a subpoena. Jackson’s then-accuser was asked to draw a picture of Jackson’s genitalia, including a blemish that was allegedly unique to the singer’s anatomy.
Prosecutor Ron Zonen said he wanted to show jurors a child's description "of a unique feature of his (Jackson's) anatomy." He said it would show that Jackson's relationships with boys were "not casual."
But Sanger called the photographs an "unfair surprise" and said prosecutors had "not even hinted that they were going to try this tactic in advance." He cited a U.S. Supreme Court decision which states a judge is supposed to avoid dramatic, prejudicial evidence at the end of a trial.
"This is really a stretch to come up with any kind of reason to bring this in as evidence," Sanger said, arguing that it would be "very shocking" for the jury to see.
The Court ruled that the prejudicial effect of the photos would far outweigh any probative value in the case and he pointed out that the defense would have no one to cross-examine. Jordie Chandler, the 1993 accuser, has been unavailable to serve as a witness in Jackson’s trial.
Prosecutors have also requested to admit e-mails sent between Jackson’s former attorney Mark Geragos and private investigator Bradley Miller. Should Judge Melville allow the material in, both the prosecution and defense indicated they would call Geragos back to the witness stand.
Rebuttal Witnesses
Prosecutors called several rebuttal witnesses Thursday, including a former Arvizo family attorney. Bill Dickerman represented the accuser’s family in an effort to obtain the family’s passports, visas and furniture which was put into storage by Jackson’s associates.
Exchanges between Dickerman and lead defense attorney Thomas Mesereau often became heated.
"You and your client were trying to set up Mr. Jackson for a lawsuit," Mesereau charged the witness.
Dickerman denied the claim and was admonished after saying, "If we want to get to the truth Mr. Mesereau, instead of playing games, we can have a reasonable trial where the facts come out."
"Counsel you are not an advocate here, you are a witness," the Judge warned him.
At one point Dickerman complained that Mesereau wasn't listening to his answers.
"Is the microphone on?" he said while testing it, "Is it on?"
The rebuttal phase of the trial may last longer than expected following today’s rulings, as both sides have indicated they will re-call a number of witnesses and introduce new evidence.
Source: AP/Reuters/eMJey