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The Michael Jackson Followers News
Thu, Sep 9 2004
Court documents detail potential evidence in Jackson case
Mood:  loud
From CNN Producer Dree deClamecy



LOS ANGELES (CNN) -- Court documents released Tuesday revealed some of the evidence that will be admitted -- and some that will likely get tossed -- later this month in the child molestation case against pop star Michael Jackson.

Santa Barbara Superior Court Judge Rodney S. Melville ordered the release of two documents -- a defense motion known as "Defendant's Items to be Suppressed" filed with the court August 19 and a "Stipulation of the Parties Regarding items Seized at Neverland Ranch" filed August 20.

These documents provide insight into what items of evidence are at issue in the case.

In late August, Melville announced he had "reviewed the evidence seized" and issued a tentative evidentiary ruling on over 100 pieces of specific evidence taken from Jackson's Neverland Ranch. However, he did not rule on the legalities surrounding the scope of the warrant or on how the raid was conducted.

At that time, he ruled 38 of the items "authorized" and asked for arguments from attorneys on eight other pieces of evidence he had concerns about. Those items will be taken up in a hearing scheduled for September 16.

The rest of the evidence was declared "suppressed," although Melville indicated a willingness to hear arguments on specific pieces of evidence excluded in his tentative ruling, asking attorneys to submit motions by September 3.

At the time of Melville's ruling, the evidence was identified only by the number. Tuesday's document release offers brief descriptions of most of the numbered evidence -- what the judge admitted, omitted and which he has questions about.

Tentatively admitted were at least a dozen computers with peripherals. Also admitted were a tissue, books, two bags, various paperwork (some with phone numbers and names), an audio cassette recorder and an audio cassette titled "Earth Song 6-8-89," keys to the master bedroom, an envelope, print ads and a letter.

All of these items were taken from Jackson's Neverland Ranch -- from the main residence, the downstairs cellar area of the arcade, the upstairs library, and the security office. Only one item was allowed from Jackson's personal office -- a black plastic case with phone recording equipment.

Among the eight evidentiary items the judge is seeking specific comment on are: legal paperwork and documents, a piece of paper with names and telephone numbers, several other pieces of paper, a camera and three videocassette tape recordings. All of the items were seized from the main house.

Melville appears poised to drop a variety of other evidence from the Neverland search.

Included in the tentative suppression list are photographs taken from the arcade at Neverland, additional photos found in a safe in an employee break room, a framed photo, a book on robotic dogs, a calendar for November 2003 with notations on a trip to South Africa, paperwork, a video tape, a Garden City Hotel bag, medicine bottles, a medical log, a vial, a magazine catering to the rich and famous, security and guest information, as well as daily entry logs for the ranch.

In another document released by the court Tuesday, Jackson defense attorney Robert Sanger complained bitterly about the Santa Barbara District Attorney's Office and demanded sanctions against it.

In a report to the court filed August 16, Sanger cited the prosecution's repeated failure to provide discovery to his client. The attorney accused prosecutors of denying Jackson his "ability to present his defense."

Sanger cited the Santa Barbara District Attorney's Office for withholding information necessary to Jackson's motions to suppress evidence in both the searches of Jackson's Neverland Ranch and private investigator Brad Miller's office.

He said newly provided information would cause Jackson's defense team to recall witnesses who have previously testified.

"The failure to timely produce discovery is an affront to this Court's directive to deliver information," Sanger wrote.

"The prosecution's blatant discovery abuse unnecessarily extends the hearing, thus wasting this court's time and resources. Sanctions are in order for the willful failure to produce discovery."

The fight over evidence and other matters will continue September 16 when court is back in session for at least two days of hearings.

Jackson is expected to attend September 17 when his accuser's mother is set to testify.




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Posted by MJ Friend Anna at 3:23 PM JST
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