Michael Jackson Defense Files Motion to Remove District Attorney
Mood:  bright


Monday, 04 October 2004

Attorney Robert Sanger filed a motion on Monday to remove Santa Barbara County district attorney's office from the Michael Jackson child molestation case.

Mr. Sanger said the motion was filed under seal because "the content of the motion includes reference to details in under-seal material including discovery materials, grand jury transcripts, investigative reports, exhibits and identities of witnesses."

Much of the proceedings have been kept under seal by Judge Rodney Melville.

It has long been believed that District Attorney Thomas Sneddon had a personal vendetta against Mr. Jackson. Motions to remove a district attorney are based on claims of personal involvement and conflict of interest.

"The odds of being successful are very slim," said criminal defense attorney Steve Cron. "It would be highly unusual for a judge to take the whole district attorney's office off a case." Mr. Cron said that lawyers claim in such motions that the chief prosecutor is so personally involved in the case that he can't make fair decisions.

Loyola Law Professor Laurie Levenson said that if the motion were granted and upheld on appeal, the state attorney general's office would have to take over the case.

"This was a natural motion to file," she said. "Even if the chances of success are not great, it's worth taking a stab at it."

Source: AP/MJJForum Article