Post by MJSUNIFC on Jun 25, 2004 13:55:39 GMT -5
Judge in Jackson case refuses to unseal grand jury transcript
LINDA DEUTSCH
Associated Press
SANTA MARIA, Calif. - The judge in the Michael Jackson child molestation case rebuffed requests Friday from a news media attorney to "let the sun shine in" on secret documents so the public can know whether Jackson is receiving a fair trial.
Santa Barbara County Superior Court Judge Rodney Melville also expressed frustration at the difficulty of ensuring a fair trial for an entertainer with as high a public profile as Jackson.
"The difficulty of seeing that an individual in this country gets a fair trial is exasperating when the individual is known around the world," the judge said. "It makes it very difficult."
Media lawyer Theodore Boutrous Jr. implored Melville to unseal 47 search warrants and the entire grand jury transcript pertaining to the Jackson investigation so the public can know the exact charges the entertainer faces and the procedures used to gather evidence.
"The time has come, in this case, to let the sun shine in so the public, and the press as its surrogates, can know what the case is about," Boutrous said.
Jackson, 45, has pleaded not guilty to committing a lewd act upon a child, administering alcohol, and conspiracy to commit child abduction, false imprisonment and extortion.
Key sections of the indictment against the music superstar are blacked out. The names of five alleged co-conspirators remain secret, as do 28 specific acts the prosecution alleges in support of the charges.
Both prosecution and defense attorneys are under a court-imposed gag order - supported by both sides - that prevents them from commenting on any aspect of the case.
Boutrous said that the most substantial issues were being shielded from public view and the judge was routinely sealing all documents in the case without explanation.
"The parties have begun to speak in a secret speech code," he said, noting that in the most recent notices of motions, "it's almost impossible to decipher what they're talking about."
Jackson's defense lawyer, Thomas Mesereau Jr., said he does not want the grand jury transcripts and search warrants to be unsealed on the eve of trial, because "that would be to the detriment of the defense."
The judge agreed to discuss the matter in his chambers, out of public view, and Boutrous said he felt Melville was allowing the defense and prosecution to "manage" information.
Melville bristled at that suggestion, saying he was trying to balance the public's right to know with Jackson's right to a fair trial.
"This is about the court trying to balance First Amendment rights against the rights of Mr. Jackson and the prosecution," the judge said.
"Mr. Boutrous, you know that everything I'm doing is according to the law. I'm being very careful in following the law. Please do not mislead the press about this."
He then sealed a number of motions and search warrants without comment, saying he would issue written rulings later.
The judge also scheduled another hearing for July 9 before summoning lawyers into his chambers to discuss matters he said had to be taken up privately. He also acknowledged that he has been holding private hearings with the parties by phone. He said there has been a court reporter present for these hearings, but he has sealed the transcripts.
Boutrous complained that the defense clearly wants to make its motion to dismiss the charges against Jackson under seal because it will contain excerpts from the grand jury transcripts.
"That would be an outrage, to have this crucial motion, where there was not a preliminary hearing, kept secret," Boutrous said.
He added that keeping the public in the dark about the case could ultimately hurt Jackson's reputation.
"For Mr. Jackson, this will boomerang and make this a case about secrecy," Boutrous said.
www.montereyherald.com/mld/montereyherald/news/politics/9012998.htm
LINDA DEUTSCH
Associated Press
SANTA MARIA, Calif. - The judge in the Michael Jackson child molestation case rebuffed requests Friday from a news media attorney to "let the sun shine in" on secret documents so the public can know whether Jackson is receiving a fair trial.
Santa Barbara County Superior Court Judge Rodney Melville also expressed frustration at the difficulty of ensuring a fair trial for an entertainer with as high a public profile as Jackson.
"The difficulty of seeing that an individual in this country gets a fair trial is exasperating when the individual is known around the world," the judge said. "It makes it very difficult."
Media lawyer Theodore Boutrous Jr. implored Melville to unseal 47 search warrants and the entire grand jury transcript pertaining to the Jackson investigation so the public can know the exact charges the entertainer faces and the procedures used to gather evidence.
"The time has come, in this case, to let the sun shine in so the public, and the press as its surrogates, can know what the case is about," Boutrous said.
Jackson, 45, has pleaded not guilty to committing a lewd act upon a child, administering alcohol, and conspiracy to commit child abduction, false imprisonment and extortion.
Key sections of the indictment against the music superstar are blacked out. The names of five alleged co-conspirators remain secret, as do 28 specific acts the prosecution alleges in support of the charges.
Both prosecution and defense attorneys are under a court-imposed gag order - supported by both sides - that prevents them from commenting on any aspect of the case.
Boutrous said that the most substantial issues were being shielded from public view and the judge was routinely sealing all documents in the case without explanation.
"The parties have begun to speak in a secret speech code," he said, noting that in the most recent notices of motions, "it's almost impossible to decipher what they're talking about."
Jackson's defense lawyer, Thomas Mesereau Jr., said he does not want the grand jury transcripts and search warrants to be unsealed on the eve of trial, because "that would be to the detriment of the defense."
The judge agreed to discuss the matter in his chambers, out of public view, and Boutrous said he felt Melville was allowing the defense and prosecution to "manage" information.
Melville bristled at that suggestion, saying he was trying to balance the public's right to know with Jackson's right to a fair trial.
"This is about the court trying to balance First Amendment rights against the rights of Mr. Jackson and the prosecution," the judge said.
"Mr. Boutrous, you know that everything I'm doing is according to the law. I'm being very careful in following the law. Please do not mislead the press about this."
He then sealed a number of motions and search warrants without comment, saying he would issue written rulings later.
The judge also scheduled another hearing for July 9 before summoning lawyers into his chambers to discuss matters he said had to be taken up privately. He also acknowledged that he has been holding private hearings with the parties by phone. He said there has been a court reporter present for these hearings, but he has sealed the transcripts.
Boutrous complained that the defense clearly wants to make its motion to dismiss the charges against Jackson under seal because it will contain excerpts from the grand jury transcripts.
"That would be an outrage, to have this crucial motion, where there was not a preliminary hearing, kept secret," Boutrous said.
He added that keeping the public in the dark about the case could ultimately hurt Jackson's reputation.
"For Mr. Jackson, this will boomerang and make this a case about secrecy," Boutrous said.
www.montereyherald.com/mld/montereyherald/news/politics/9012998.htm