Mark Geragos Requests Modification of Gag Order
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MJJF eNews #213
? MJJForum.com
February 22, 2004
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Mark Geragos, attorney for Michael Jackson, submitted a proposal to the Court on Thursday recommending a modification to the current gag order that was issued on January 16, 2004.

The modification reads as follows:

Notwithstanding the above restrictions on statements by the Prosecutor and Defense Counsel and those under their supervision or control as contemplated by the protective order, a statement by either the Prosecutor or Defense Counsel, or by them jointly, may be made to address questions or issues that may have been raised in the media concerning the case, the parties, their counsel, or witnesses in the matter, under the follow limited circumstances:

1. The premise of the rumor, question or issue is false, mistaken, or otherwise materially misleading, and, unless promptly rebutted or otherwise clarified, poses a reasonable likelihood of prejudice to the parties' right to a fair and impartial jury trial; and,

2. The response is limited to what is necessary to succinctly address, rebut, or otherwise clarify the question or issue; and,

3. The responsive statement shall be made in person, in writing by way of a press release or in a prerecorded videotaped statement and shall be served simultaneously on the other side.

Any statement made by the Prosecutor or Defense Counsel under the auspices of this "safe harbor" that is later determined by the Court to have been made unnecessarily or in bad faith shall be a violation of the protective order. The Court may set a hearing for the purpose of evaluating necessity sua sponte or upon ex parte application by the Prosecutor or Defense Counsel. In the event an ex parte application is made to the Court and a hearing on the merits is conducted, the prevailing party shall be entitled to reasonable attorney's fees, costs and expenses. Any attorneys' fees, costs, and expenses awarded under this paragraph shall be payable by the Prosecutor or Defense Counsel.

Source: Mark Geragos/Court Proceedings/MJJF