Post by KnightofLight on Mar 14, 2004 14:02:35 GMT -5
NEWS-PRESS SENIOR WRITER
Superior Court Judge Rodney S. Melville denied a motion by Michael Jackson's defense attorneys Thursday, who had claimed that sheriff's investigators had violated the attorney-client privilege when they seized interview tapes from a private investigator's office and storage locker.
Judge Melville said the videotapes and audiotapes seized in November did not constitute "core work product" of Mr. Jackson's legal team.
"Nothing in the tapes describes legal theories or reveals the notes or impressions of any attorney, or the agent of any attorney," Judge Melville said in his ruling. "In point of fact, some of the material is unrelated to the present case, and one tape is a copy of a publicly aired television broadcast."
Defense attorney Mark Geragos had argued that the Nov. 18 search of investigator Bradley Miller's office in Beverly Hills in connection with the child molestation investigation of Mr. Jackson yielded privileged material.
Mr. Miller was hired by Mr. Jackson a year ago after Los Angeles authorities launched an investigation into allegations of child molestation against the entertainer, Mr. Geragos said. As such, the investigator's work was directly related to Mr. Geragos' efforts at preparing a potential defense of Mr. Jackson, the attorney said.
In legal filings, Mr. Geragos accused prosecutors of "conducting a classic fishing expedition."
In a Feb. 6 court filing, Mr. Geragos contended that the tapes constitute core work product because they contain Mr. Geragos' "impressions, conclusions, opinions and theories of the case."
Mr. Geragos said in his court filings that the tapes go to the heart of what may be the defense's strategy in this case.
"Specifically, a key issue to be litigated in this case will be the veracity and credibility of the alleged minor victim and his family," Mr. Geragos said in a February motion. "Given that the minor victim and his family are potential witnesses, the defense has endeavored to make a record that would either establish or undermine the veracity and credibility of these individuals."
Source: Santa Monica News/Knight of Light Forum
Superior Court Judge Rodney S. Melville denied a motion by Michael Jackson's defense attorneys Thursday, who had claimed that sheriff's investigators had violated the attorney-client privilege when they seized interview tapes from a private investigator's office and storage locker.
Judge Melville said the videotapes and audiotapes seized in November did not constitute "core work product" of Mr. Jackson's legal team.
"Nothing in the tapes describes legal theories or reveals the notes or impressions of any attorney, or the agent of any attorney," Judge Melville said in his ruling. "In point of fact, some of the material is unrelated to the present case, and one tape is a copy of a publicly aired television broadcast."
Defense attorney Mark Geragos had argued that the Nov. 18 search of investigator Bradley Miller's office in Beverly Hills in connection with the child molestation investigation of Mr. Jackson yielded privileged material.
Mr. Miller was hired by Mr. Jackson a year ago after Los Angeles authorities launched an investigation into allegations of child molestation against the entertainer, Mr. Geragos said. As such, the investigator's work was directly related to Mr. Geragos' efforts at preparing a potential defense of Mr. Jackson, the attorney said.
In legal filings, Mr. Geragos accused prosecutors of "conducting a classic fishing expedition."
In a Feb. 6 court filing, Mr. Geragos contended that the tapes constitute core work product because they contain Mr. Geragos' "impressions, conclusions, opinions and theories of the case."
Mr. Geragos said in his court filings that the tapes go to the heart of what may be the defense's strategy in this case.
"Specifically, a key issue to be litigated in this case will be the veracity and credibility of the alleged minor victim and his family," Mr. Geragos said in a February motion. "Given that the minor victim and his family are potential witnesses, the defense has endeavored to make a record that would either establish or undermine the veracity and credibility of these individuals."
Source: Santa Monica News/Knight of Light Forum