20/07/2004
Denouncing the motives of the news and entertainment media, Michael Jackson's
lawyers asked an appellate court Monday to refuse an expedited hearing on a
media access challenge and maintain the secrecy now surrounding his child
molestation case.
The defense team suggested that there would be no harm if information
currently sealed in the Jackson case was not released to the public until after the
trial was over.
Although defense lawyers acknowledged that appellate courts have consistently
supported First Amendment rights of access to court cases, they insisted that
Jackson's case should be treated differently because it involves a superstar.
They also said the case is not important enough to the administration of
justice to merit the attention of the appeals court.
"The interest in this case is more voyeuristic and entertainment related than
it is an interest of an audience concerned with matters of government or
public affairs," said the motion.
"One can imagine other cases which might have a direct impact on the public
welfare, national politics or international relations. This is not one," said
the motion signed by attorney Robert Sanger.
"The circus created by the news media in this case has defied all
rationality," the motion said. "... Mr. Jackson's innocence has been lost in the media
need to generate ratings, sell newspapers and garner mass audiences."
The motion suggested that the press wait until the trial is over to gain
access to the court file.
"Once the verdict and judgment are final, most of the court's concerns will
no longer control," they said.
First Amendment lawyer Douglas Mirell said the defense seems oblivious to the
fact that "old news is no news," and that the U.S. Supreme Court has
repeatedly held that prior restraint on the press is the most serious and intolerable
infringement on First Amendment rights.
"This bespeaks a level of ignorance that, whether deliberate or inadvertent,
is shocking," said Mirell.
Attorney Theodore Boutrous Jr., who filed the media appeal, said, "This brief
shows a shocking insensitivity to basic First Amendment values."
Boutrous pointed out that Jackson's lawyers have filed motions alleging an
unprecedented abuse of power by the prosecution in bringing the case against
their client but most of the motions remain sealed.
"The public has an interest in scrutinizing those briefs to test the
allegations," said Boutrous.
The defense also complained that consideration of a press appeal will be too
time consuming for the lawyers, the court and its staff.
"They're saying we shouldn't have a right to appeal because it will get in
their way," said Boutrous, who is representing a coalition of news media
including The Associated Press.
"The framers of the Constitution knew that the First Amendment would create
additional burdens," he said. "But they decided the benefits outweighed the
burdens."
Mirell called the time consumption claim "ludicrous," saying the court is
only marginally involved in the appeal process. The prosecutors have an office of
employees to handle such an appeal, he said, and the defense is represented
by a team of three law firms.
The motion filed on behalf of the legal team headed by Thomas Mesereau Jr.
went so far as to complain because, on occasion, Superior Court Judge Rodney
Melville has allowed Boutrous to sit at the counsel table in court while arguing a
motion. They called this "an almost unprecedented accommodation of the
press."
Boutrous said he didn't see the situation as unusual, but added, "I'm willing
to sit anywhere."
The motion complained that Jackson, who "faces the fight of his life for his
liberty ... is surrounded by wild rumors and salacious allegations. Because he
is a celebrity, the press and entertainment media hang on every allegation
and turn it into a lucrative entertainment venture. "
The lawyers said Jackson "is still entitled to the same due process rights as
anyone else who comes before the court in a criminal case."
But Mirell said the lawyers have turned that concept upside down.
"Jackson's lawyers are seeking special treatment that the First Amendment
does not allow to be granted to anyone," he said.
Asked why the defense would be pressing so hard to keep documents secret,
Mirell said, "Apparently, there's dynamite in there and they're afraid of
polluting the jury pool.".
Source: Associated Pres
Source: MJSTAR
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