Sat Jul 03, 6:31 PM ET
Key details surrounding Michael Jackson's child molestation case were again hidden from public view when a judge sealed a critical defense motion in the case without comment.
Santa Barbara County Superior Court Judge Rodney Melville on Friday sealed a motion that seeks dismissal of charges against the singer at the request of defense attorney Thomas Mesereau Jr., continuing a pattern of secrecy imposed throughout the proceedings.
Mesereau's motion said sealing was needed "based on the overriding interests of Mr. Jackson's rights to due process and a fair trial."
In response, the judge said merely that "good cause appearing," he would seal the motion to set aside the indictment and all accompanying documents.
The ruling means the public will not know on what grounds Jackson is challenging the indictment that charges him with committing a lewd act upon a child, administering alcohol, and conspiracy to commit child abduction, false imprisonment and extortion. Details from the indictment, including exactly what acts Jackson is accused of committing and the names of his alleged co-conspirators, also are being kept secret.
An attorney representing media organizations promised to file an opposition to the sealing order before a hearing scheduled for July 9.
"To seal such a fundamental motion in the case without any explanation flatly violates the First Amendment," said Theodore Boutrous Jr., the attorney who is representing The Associated Press and other media organizations.
"In this motion Michael Jackson is attacking the prosecution's entire case and it's important for the public to understand the nature of those claims and the nature of the indictment," Boutrous said.
The latest ruling comes on the heels of a series of orders from Melville sealing some 40 search warrants executed in the case. Melville said he was concerned that anything he revealed would be analyzed and reported by the media and would make it difficult to find an unbiased jury pool.
"This is as close to a secret trial as I have ever seen in a high profile case," said Loyola Law School professor Laurie Levenson.
"The fact that the judge wants to keep a lid on the media is not an overriding interest," said Levenson. "He's made the media the enemy. The inherent problem is not recognizing the valid function the media serves and the public's right to know the facts."
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