BradBuxer - Forum (Jacksonville-Ersatz-Board)

5/29/04
By DAWN HOBBS

NEWS-PRESS STAFF WRITER

A date of Sept. 13 was set Friday in the trial of Michael Jackson, but even the judge acknowledged that a delay was likely because of the mountain of evidence in the case.

The hearing before Superior Court Judge Rodney Melville -- which Mr. Jackson was not required to attend -- provided a glimpse of the number of documents, audiotapes and videotapes both sides must wade through in the child molestation case against the entertainer.

It was revealed that a total of 400 items were seized during raids on Mr. Jackson's Neverland Valley Ranch in November and numerous other locations since then. But it wasn't until Friday that the prosecution agreed that the defense team would be allowed to review some of the items for the first time next week.

Furthermore, sheriff's detectives apparently aren't finished seizing evidence. Judge Melville indicated he approved search warrants as recently as last week.

Prosecutors presented more than 100 exhibits to grand jurors who indicted the entertainer last month. At least nine of those items consist of physical evidence that may undergo forensic examination -- prolonging the process even more. Then the defense may decide to seek its own independent analysis.

Friday's hearing was the latest attempt by attorneys to lay the groundwork for sharing evidence and for media access. Lead defense lawyer Thomas Mesereau also argued for a reduction in his client's $3 million bail, stating that Mr. Jackson's wealth cannot legally be used to determine bail.

In contrast to earlier hearings, where Jackson family members filled at least a half-dozen seats in the courtroom, Mr. Jackson's father, Joe, was the lone relative attending.

The area around the Santa Maria courthouse was also barren compared to the previous hearings, with only eight news satellite trucks and about a dozen fans. One of them was Talin Shajanian, 27, who has driven from Los Angeles for every hearing.

"I believe Michael is innocent until proven guilty," she said. "And I think from what I've read and researched, it's all a joke and a scam. I think there's a lack of evidence and a credibility issue with the accuser's family."

Next week, Judge Melville said he will likely decide whether to make public the 28 "overt acts" listed in the indictment to support Santa Barbara County District Attorney Tom Sneddon's contention that the case also includes conspiracy of child abduction, false imprisonment and extortion. Mr. Sneddon was not at the hearing.

Mr. Jackson pleaded not guilty last month to four counts of lewd conduct, four counts of administering alcohol to commit molestation, one count of attempted lewd conduct and one count of conspiracy.

Judge Melville said he would consider a request to lower Mr. Jackson's bail, which Mr. Mesereau called "grossly excessive."

Mr. Mesereau pointed out that according to the county's own bail schedule, it should be set at $70,000 for his client and that setting it 43 times higher is discriminatory. In the Robert Blake murder case, Mr. Mesereau said, he got the bail lowered to $1.5Êmillion. Then he pointed out that the county's bail is set at $1 million for someone accused of using weapons of mass destruction to kill.

"You cannot differentiate according to wealth, status or any other factor that provides for equal protection of the law under the constitutional standards," Mr. Mesereau said.

Senior Deputy District Attorney Ron Zonen asserted that Mr. Jackson is a "defendant like no other" who "faces an absolute change in lifestyle" if convicted. The $3 million bail serves somewhat as an assurance Mr. Jackson will not abscond. As for the $70,000, "that's what he would spend one weekend in Las Vegas," Mr. Zonen said.

Even though both defense and prosecution attorneys object to the unsealing of the grand jury transcripts, Judge Melville said he would consider media attorney Theodore Boutrous' request to unseal at least a portion of them.

The judge directed the prosecution and defense teams to submit proposed versions of the transcripts for him to consider before the next hearing, scheduled for June 25.

The details about the seized evidence cropped up when defense co-counsel Steve Cochran told the judge the defense has not yet received all of the material generated by the prosecution's investigation.

Senior Deputy District Attorney Gordon Auchincloss maintained the prosecution has turned over evidence as soon as it is available.

In an attempt to meet the trial date, Judge Melville said providing the defense with access to the seized evidence and turning over other material is "the key."

A routine readiness and settlement conference has been set for Sept. 7.