Post by MJSUNIFC on Jul 28, 2004 12:26:41 GMT -5
santa maria times reports-
Jackson's trial postponed until 2005
By Quintin Cushner/Staff Writer
Michael Jackson will face trial on Jan. 31, a Santa Barbara County Superior Court judge ruled Tuesday during a hearing that featured a prosecutor's account of how the singer allegedly lured his child accuser into bed.
The child and his family were imprisoned at Jackson's Neverland Ranch, near Los Olivos, Senior Deputy District Attorney Gordon Auchincloss said while claiming the singer was an active part of a conspiracy involving child abduction, false imprisonment and extortion.
Jackson, 45, has pleaded not guilty to engaging in lewd acts with an unnamed boy under the age of 14 on four occasions between Feb. 20 and March 12, 2003, and four counts of "administering an intoxicating agent" - reportedly wine - to help him with the alleged molestations.
He also has pleaded not guilty to the conspiracy charge and a count of attempted child molestation.
On Tuesday, Auchincloss argued against a defense motion to dismiss all charges against the singer. The prosecutor gave his version of the relationship between Jackson and his accuser - a Los Angeles County boy referred to as "John Doe" in court documents. The pair met when the boy was suffering from an aggressive form of cancer, Auchincloss said.
"John Doe thought Michael Jackson was the coolest guy in the world," he said, in recounting how the singer initially lavished the youth with attention.
Their relationship soured on Feb. 3, 2002, Auchincloss said, when the documentary "Living with Michael Jackson" premiered on British television. The program showed Jackson holding hands with John Doe and included the singer's acknowledgment that he shared a bed with children.
A public backlash against the singer ensued after the program aired, Auchincloss said.
Jackson and his representatives tried to control the negative publicity by gathering positive statements from John Doe and his family as part of a "rebuttal video."
"The person Jackson perceived could put out this fire was John Doe and his family," Auchincloss said. "If he could get them on tape describing Mr. Jackson as a wonderful person, it would quell this fire."
Auchincloss alleged that as Jackson worked to secure the testimonials, he kept John Doe's family at his 2,700-acre estate in the Santa Ynez Valley against the will of the accuser's mother. Jackson also allegedly gave his accuser alcohol and lavished him with gifts during this time.
"It's a world of self-indulgence for children," Auchincloss said. "Ultimately, it gets John Doe to sleep in the bed of Michael Jackson."
Defense Attorney Thomas Mesereau, Jr. argued the charges against Jackson were "absurd." He noted that John Doe and his family were treated to vacations, including a trip to Florida on a chartered jet with actor Chris Tucker. Mesereau also noted the accuser's mother was put up at a fancy hotel and given an allowance.
Mesereau said the boy was making the claims against Jackson so that he might eventually receive a judgment against the singer.
"It's a shakedown," Mesereau said.
The attorney thought even less of the conspiracy charge against Jackson.
"It will never be proven," he said. "It will be laughed out of court because it's ridiculous."
Melville took the defense motion to set aside the indictment under consideration, and said he will issue a written ruling sometime in the future.
Much of the rest of the hearing was taken up by a defense motion to suppress evidence seized from Bradley Miller, a private investigator with ties to Jackson. Miller's office was searched on Nov. 18.
The defense called law-enforcement officers in an attempt to prove that prosecutors violated Jackson's attorney-client privilege by seizing audio and video tapes from the office, knowing that Miller was employed on the case by former Jackson defense attorney Mark Geragos. They are trying to suppress the tapes, some of which portray the accuser and his family, on those grounds.
Defense attorneys called county Sheriff's Department Det. Paul Zelis, Sgt. Steve Robel, Det. Rod Forney, Sgt. William Caldwell and district attorney's investigator David Tonello to the stand. Each denied any prior knowledge that Miller worked for Geragos, and said the search was conducted under the assumption that the private investigator worked directly for Jackson.
Caldwell answered questions about the Nov. 18, 2003, raid in Beverly Hills, in which investigators used a sledge hammer to open the doors of Miller's office and conference room.
Tonello, who seized computer hard drives from Miller's office, conceded during questioning that Miller might be working for a lawyer, but said he had no inkling that it might be Geragos.
The motion to suppress evidence seized from Miller was put on hold until an Aug. 16 hearing, when more witnesses might be called, including District Attorney Tom Sneddon. Sneddon allegedly visited Miller's office and photographed the investigator's building on Nov. 8.
In setting the Jan. 31 trial date, Melville acknowledged that the previous date of Sept. 13 may have been too ambitious given the large amounts of "discovery" evidence in the case.
Also on Tuesday, Melville sealed several motions in the case, against the objections of media lawyer Theodore Boutrous, Jr. Nevertheless, Boutrous said after that hearing that he was relieved some information came out during arguments in the case.
"I was pleased that the court had these hearings in an open session," he said. "It also seemed to confirm that more (information) can be released."
www.santamariatimes.com/articles/2004/07/28/news/local/news01.txt
Jackson's trial postponed until 2005
By Quintin Cushner/Staff Writer
Michael Jackson will face trial on Jan. 31, a Santa Barbara County Superior Court judge ruled Tuesday during a hearing that featured a prosecutor's account of how the singer allegedly lured his child accuser into bed.
The child and his family were imprisoned at Jackson's Neverland Ranch, near Los Olivos, Senior Deputy District Attorney Gordon Auchincloss said while claiming the singer was an active part of a conspiracy involving child abduction, false imprisonment and extortion.
Jackson, 45, has pleaded not guilty to engaging in lewd acts with an unnamed boy under the age of 14 on four occasions between Feb. 20 and March 12, 2003, and four counts of "administering an intoxicating agent" - reportedly wine - to help him with the alleged molestations.
He also has pleaded not guilty to the conspiracy charge and a count of attempted child molestation.
On Tuesday, Auchincloss argued against a defense motion to dismiss all charges against the singer. The prosecutor gave his version of the relationship between Jackson and his accuser - a Los Angeles County boy referred to as "John Doe" in court documents. The pair met when the boy was suffering from an aggressive form of cancer, Auchincloss said.
"John Doe thought Michael Jackson was the coolest guy in the world," he said, in recounting how the singer initially lavished the youth with attention.
Their relationship soured on Feb. 3, 2002, Auchincloss said, when the documentary "Living with Michael Jackson" premiered on British television. The program showed Jackson holding hands with John Doe and included the singer's acknowledgment that he shared a bed with children.
A public backlash against the singer ensued after the program aired, Auchincloss said.
Jackson and his representatives tried to control the negative publicity by gathering positive statements from John Doe and his family as part of a "rebuttal video."
"The person Jackson perceived could put out this fire was John Doe and his family," Auchincloss said. "If he could get them on tape describing Mr. Jackson as a wonderful person, it would quell this fire."
Auchincloss alleged that as Jackson worked to secure the testimonials, he kept John Doe's family at his 2,700-acre estate in the Santa Ynez Valley against the will of the accuser's mother. Jackson also allegedly gave his accuser alcohol and lavished him with gifts during this time.
"It's a world of self-indulgence for children," Auchincloss said. "Ultimately, it gets John Doe to sleep in the bed of Michael Jackson."
Defense Attorney Thomas Mesereau, Jr. argued the charges against Jackson were "absurd." He noted that John Doe and his family were treated to vacations, including a trip to Florida on a chartered jet with actor Chris Tucker. Mesereau also noted the accuser's mother was put up at a fancy hotel and given an allowance.
Mesereau said the boy was making the claims against Jackson so that he might eventually receive a judgment against the singer.
"It's a shakedown," Mesereau said.
The attorney thought even less of the conspiracy charge against Jackson.
"It will never be proven," he said. "It will be laughed out of court because it's ridiculous."
Melville took the defense motion to set aside the indictment under consideration, and said he will issue a written ruling sometime in the future.
Much of the rest of the hearing was taken up by a defense motion to suppress evidence seized from Bradley Miller, a private investigator with ties to Jackson. Miller's office was searched on Nov. 18.
The defense called law-enforcement officers in an attempt to prove that prosecutors violated Jackson's attorney-client privilege by seizing audio and video tapes from the office, knowing that Miller was employed on the case by former Jackson defense attorney Mark Geragos. They are trying to suppress the tapes, some of which portray the accuser and his family, on those grounds.
Defense attorneys called county Sheriff's Department Det. Paul Zelis, Sgt. Steve Robel, Det. Rod Forney, Sgt. William Caldwell and district attorney's investigator David Tonello to the stand. Each denied any prior knowledge that Miller worked for Geragos, and said the search was conducted under the assumption that the private investigator worked directly for Jackson.
Caldwell answered questions about the Nov. 18, 2003, raid in Beverly Hills, in which investigators used a sledge hammer to open the doors of Miller's office and conference room.
Tonello, who seized computer hard drives from Miller's office, conceded during questioning that Miller might be working for a lawyer, but said he had no inkling that it might be Geragos.
The motion to suppress evidence seized from Miller was put on hold until an Aug. 16 hearing, when more witnesses might be called, including District Attorney Tom Sneddon. Sneddon allegedly visited Miller's office and photographed the investigator's building on Nov. 8.
In setting the Jan. 31 trial date, Melville acknowledged that the previous date of Sept. 13 may have been too ambitious given the large amounts of "discovery" evidence in the case.
Also on Tuesday, Melville sealed several motions in the case, against the objections of media lawyer Theodore Boutrous, Jr. Nevertheless, Boutrous said after that hearing that he was relieved some information came out during arguments in the case.
"I was pleased that the court had these hearings in an open session," he said. "It also seemed to confirm that more (information) can be released."
www.santamariatimes.com/articles/2004/07/28/news/local/news01.txt