Jackson Case Sets Precedent
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Topic: Main News
A recent decision by the California Supreme Court to allow the Michael Jackson case to stand as a recedent on trial secrecy has been harshly criticised by media lawyers.

The one-sentence decision from the Court last week
denied a request from various news organisations to
“de-publish” the rulings of Judge Rodney Melville.
This means that the Jackson case will stay in the
legal books and can be used by judges or lawyers
wishing to seal documents in other cases.

"It is a very dangerous precedent because it gives the court an opportunity to close out the public from critical information during a high-publicity trial,"said Laurie Levenson, a professor at the Loyola Law School. "This formalizes the celebrity exception to the First Amendment.

"There's a saying that bad cases make bad law," she said. "Now we are seeing that notorious cases make bad law."

A three-member panel on the 2nd District Court of Appeal had agreed in April that Judge Melville had
been justified in sealing court records and placing gag orders on parties involved with the trial.

At the time, the Judge said that releasing the documents publicly may have prejudiced the jury pool.
He said this was necessary to protect Jackson’s right to a fair trial.

Theodore Boutrous, an attorney who argued the case on behalf of the news media, said he hoped the case would not be applied in future trials.

"The argument that the Jackson lawyers made for secrecy was that this was a special case," said Boutrous in an interview Monday. "It should have extraordinarily limited application, but there is the danger it will be applied to other cases."

In his arguments, Boutrous said that the Jackson case could not be compared to any other because of "the unique combination of the most famous criminal defendant of all time, sensitive allegations of child molestation and an intense media spotlight."

Attorneys for the Santa Barbara County argued for keeping the case as a precedent and criticised media coverage of high-profile trials.

County Counsel, Stephen Shane Stark, wrote in a letter that the case would help judges in other high-profile cases.

"The media's insatiable quest for stories that showcase criminal behaviour illustrates why this decision is significant and should remain published," he wrote.

"While admittedly a Michael Jackson case does not happen very frequently, the media presents for public consumption a new crime story seemingly every day."

Harland Braun, a criminal defense attorney who has represented many celebrity defendants including actor
Robert Blake, welcomed the decision.

"A defense lawyer has his client's interest at stake," he said. "If I thought something could prejudice my client I would try to seal it. But the public interest is quite different. It's to make sure the system is operating properly."

Source: AP/MJJForum

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