Jackson Judge OKs 39 Pieces of Evidence
Mood:  don't ask

Tue Aug 24,12:26 PM ET

By LINDA DEUTSCH, AP Special Correspondent

SANTA MARIA, Calif. - After testimony from a dozen key witnesses in the Michael Jackson (news) child molestation case, the judge issued tentative rulings on evidence seized in a search of Jackson's Neverland estate.


Superior Court Judge Rodney Melville said Monday he was inclined to admit 39 pieces of evidence and is "concerned" about at least a dozen other items that he may order suppressed.


The items were referred to in court by numbers only and it was impossible to decipher what most of them were.


Minimal search warrant data previously released indicated the evidence tentatively admitted included several computer hard drives and a cassette recorder and audio tape found in a safe in Jackson's bathroom. A witness said the tape contained a child's voice.


The numbers used for items the judge expressed concern about indicated they included documents potentially covered by attorney-client privilege.


The judge said he also was inclined to suppress a number of items he did not list and no hints were given as to what they contained.


He said none of his rulings was final and he would give the defense and prosecution the opportunity to present legal arguments in written briefs and at the next series of court hearings on Sept. 16 and 17. Melville said the written briefs would be filed under seal.


Monday's final testimony in the five-day suppression hearing focused on the Neverland search. The prosecution called witnesses in an effort to overcome defense testimony that authorities took items from areas of Jackson's property that were not specified in the search warrant, and that they ignored protests by Jackson's employees.


Jalaine Hogue, a district attorney's investigator, testified she interviewed Jackson's property manager, Joseph Marcus, and said he never expressed unwillingness to be interviewed and never complained about the scope of the search.


Hogue also testified Marcus never mentioned that Jackson attorney Steve Cochran was at the gate of the estate demanding admittance during the search.


Before the search, Hogue said, she and others were gathered together by sheriff's detectives and given a packet of information relating the allegations of Jackson's accuser and a list of questions to ask his employees. Defense attorneys indicated that material has not been turned over to them.


A second witness, sheriff's Lt. Russell Birchim, said he was involved in a previous search of Neverland in 1993 and was consulted by District Attorney Tom Sneddon before the 2003 search in order to figure out where certain buildings were located.


Jackson, 45, has pleaded not guilty to charges of committing a lewd act upon a child, administering an intoxicating agent and conspiring to commit child abduction, false imprisonment and extortion. Free on $3 million bail, Jackson is set to go on trial Jan. 31.

Two Officers Testify at Jackson Hearing
Mood:  loud

Mon Aug 23, 5:24 PM ET

By LINDA DEUTSCH, AP Special Correspondent

SANTA MARIA, Calif. - The prosecution in the Michael Jackson (news) child molestation case wound up its presentation in a crucial evidence hearing Monday by calling two law enforcement officers to contradict testimony by Jackson employees about a search of his Neverland ranch.


The defense has sought to show at the hearing that Santa Barbara County officials exceeded the scope of the warrant. Superior Court Judge Rodney Melville isn't expected to rule until next month.


Jalaine Hogue, a district attorney's investigator, testified that she interviewed Jackson's property manager, Joseph Marcus, during the search. She said he never expressed unwillingness to be interviewed and never complained about the scope of the search.


Hogue also testified that Marcus never mentioned that Jackson attorney Steve Cochran was at the gate of the estate demanding admittance during the search.


Under cross-examination, Hogue said there were four teams of inquisitors assigned to do interviews at the property and she was given the task of interviewing Marcus and a maid.


Before the search, Hogue said she and others were gathered together by sheriff's detectives and given a packet of information relating the allegations of Jackson's accuser and a list of questions to ask his employees. Defense attorneys indicated that material has not been turned over to them.


A second witness, sheriff's Lt. Russell Birchim, who is in charge of court security, said he was involved in a previous search of Neverland in 1993 and was consulted by District Attorney Tom Sneddon before the 2003 search in order to figure out where certain buildings were located.


Birchim said he helped Sneddon locate what he thought was the security office but acknowledged that his memory was vague after 10 years. He said he wrote a report 10 years ago on the 1993 search but did not know where the report was.


The prosecution is trying to overcome defense testimony that indicates authorities took items from areas of Jackson's property which were not specified in the search warrant. The items in dispute are not publicly known because the judge has sealed most of the search warrant affidavits.


In another development, Melville ruled that Sneddon did not violate a gag order when he spoke at a district attorneys conference in Canada.


Sneddon made statements there about having sent letters to people telling them they were potential witnesses in the Jackson case so that they would not talk to the media. He said later he did not send letters to anyone who will not be called as a witness.


The judge cautioned all lawyers to turn down public appearances.


Jackson, 45, has pleaded not guilty to charges of committing a lewd act upon a child, administering an intoxicating agent and conspiring to commit child abduction, false imprisonment and extortion.


Jackson, free on $3 million bail, is scheduled to go on trial Jan. 31.

Stylist - Make Up Artist
Mood:  mischievious


I would like to make a statement about VH1's, MAN IN THE MIRROR.I forced myself to watch this. First let me begin with what was good about it. I thought is was an ATTEMPT to be sympathetic. BUT, if this was the case, why didn't anyone do their homework and try to make it truthful?The only thing that was true were the media reports...and we all know these are not accurate. This show was so bad I had to laugh out loud. It was a CHEAP production on every count. There was no resemblance to Michael or the Jackson family I have known for the past 25 years. The timeline was wrong. The characters where wrong. Who's creative decision was it to play Michael as a wimp and an idiot? He is the exact opposite! I guess the first clue into how bad this was going to be is there is not one note of Michael's music in it. How can you do a story of Michael without his spirit? Just another low level greedy attempt to capitalize on Michaels famous name and accomplishments.

Love,Karen



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Mother of Michael Jackson's Accuser to Testify
Mood:  special

Fri Aug 20, 8:55 PM ET


SANTA MARIA, Calif. (Reuters) - The mother of the boy who accused Michael Jackson (news) of child molestation was ordered by a judge on Friday to testify in a pretrial hearing in the case after the pop star's lawyers called her a liar.

The woman, who is known in court as "Jane Doe" to protect the identity of her son, will testify in September as Jackson's lawyers battle to have evidence suppressed in the high profile case, Superior Court Judge Rodney Melville said.


Melville had planned on allowing the woman, who is recovering from surgery, to submit a written statement to the court instead of testifying. But Jackson's lead attorney, Tom Mesereau, said he wanted to cross-examine her.


"We firmly believe that this woman lies under oath," Mesereau said. "We would like to examine her (in court)."


Earlier, a Santa Barbara County Sheriff's deputy who was present in a November raid on Jackson's Neverland Valley Ranch testified that while searching an open safe near the 45-year-old singer's bedroom he found a tape recording of what he believed was a child talking on a telephone.


Sgt. Ross Ruth said that when he played the tape: "I heard a voice ... definitely a juvenile, saying 'Somebody is coming, I have to go now."'


Ruth said he believed the recording was made in Jackson's bedroom because he could hear in the background the sound of an alarm that rings when someone enters the room. Ruth was unable to identify the child on the tape and its significance to the case was not immediately clear.


Jackson's lawyers have spent much of the week trying to convince Melville that he should throw out evidence seized against their famous client, either at Neverland or at the offices of a private detective.


The entertainer was present for Monday's court session, dressed from head to toe in symbolic white, but has skipped the remainder of the week. The hearing was scheduled to resume on Monday.


Jackson is scheduled to stand trial in January on charges of child molestation and conspiracy. He has pleaded not guilty.

Conflict cited by Jackson defense
Mood:  party time!
By Norma Meyer
COPLEY NEWS SERVICE

August 18, 2004

SANTA MARIA ? A defense attorney dropped a bombshell during a pretrial hearing in the Michael Jackson case yesterday, saying the psychologist who elicited the molestation allegations from the pop star's young accuser was treating a private investigator dealing with the boy and his family on behalf of Jackson.

The revelation by Jackson lawyer Brian Oxman came during questioning of psychologist Stan Katz, who first notified police about the then-12-year-old's claims of sexual abuse.

Judge: Authorities had probable cause to search Neverland ranch


Oxman called Katz's therapeutic involvement with both sides "a conflict of interest that is severe." Katz, however, kept citing the privilege and refused to say if Bradley Miller was a patient. Katz testified he interviewed Jackson's accuser after getting a call in May 2003 from Larry Feldman, the attorney who obtained a multimillion-dollar settlement on behalf of another alleged Jackson molestation victim in 1993.

Katz testified he had heard Miller's name mentioned twice: once by Feldman in June 2003 when the attorney said Miller had videotaped the boy and his family about Jackson and months later regarding a "break-in" on the news.

Suddenly, Oxman boomed: "Bradley Miller is a very special patient of yours, isn't he Dr. Katz?" Katz looked taken aback and answered, "If he was my patient, I couldn't discuss him." Oxman continued: "Bradley Miller is Dr. Katz's patient and he's been so for many years." Katz said he knew Miller "professionally," from family law cases the two had been involved in. Katz testified in the pretrial hearing during which the defense hopes to get evidence thrown out that was seized during a search of Miller's office.

Jackson's lawyers contend Santa Barbara County District Attorney Tom Sneddon and officers knew at the time Miller was employed by Jackson's former lawyer, Mark Geragos, and thus violated the attorney-client privilege.

As he peppered Katz with questions, Oxman suggested the psychologist knew so much about Miller, he must have been aware of the relationship with Geragos and must have informed authorities about it before last November's raid.

Katz denied he told law enforcement officials Miller worked for Geragos. Later in the day, Melville dealt the defense a blow when he ruled against their bid to challenge the legality of the search at Jackson's Neverland Ranch. The judge said the accuser's statement of being molested was a valid reason for authorities to raid Jackson's compound. The judge noted the defense could pursue a challenge of specific items taken in the search.

During Katz's testimony, the therapist acknowledged he ran into Miller on the street after the search and the investigator asked him, "Dr. Katz, you're not the psychologist on this, are you?" Katz said he told Miller he couldn't "comment on any of my cases," to which Oxman interjected: "Not even to your own clients?"

That final repeated reference to Miller as a "patient" or a "client" angered Melville, who had earlier ruled Oxman couldn't question Katz about privileged information. The judge then fined Oxman $1,000 and stormed off the bench.

Source: http://www.signonsandiego.com/news/state/20040818-9999-1n18jackson.html

Dollbaby

REMEMBER: An indictment is not proof of evidence; it is merely the unopposed story of the prosecutor, waiting to be shattered at trial.


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Shakedown Admitted By Accuser's Side
Mood:  on fire
21/08/2004

The following article comes from Roger Friedman (Fox News):

It's no shock that Thursday's big admission in the Michael Jackson case concerned a shakedown. Major Jay Jackson, stepfather now to Jackson's 14-year-old accuser, conceded in court that he asked Jackson's staff for a lot of things as compensation for the family's participation in a "rebuttal" video.

I've been telling you for months that Jay Jackson and the accuser's mother wanted everything they could get from the King of Pop and his associates. There are receipts, too, lots of them, that can be brought into evidence showing how much shopping the mother did on Michael Jackson's dime.

But Major Jackson is wrong about one thing: He suggested that his wife and stepkids were held "for months" at Michael's Neverland ranch in 2003. In fact, the family stayed there on and off between Feb. 7 and March 11 of that year.

On March 11, the mother was awarded an increase in her weekly alimony from family court from her ex-husband. She and her children returned to Major Jackson's apartment (the couple were not married yet at that time). After that, their connection to Neverland was almost completely severed.

At this point it would look like the case against Michael Jackson is falling apart. But if it goes to trial, look for more evidence to surface regarding the accuser's family and their refusal to give up a juicy Neverland lifestyle supported by Michael Jackson.

Source: Roger Friedman / Fox News

Authorities Arrest Over Death Threat
Mood:  down

21/08/2004

On Monday, August 16, 2004, a death threat against Michael Jackson was received via e-mail at the Santa Maria courthouse, where Mr. Jackson was scheduled to make a court appearance.

Authorities traced the message back to a Kitchener, Ontario address in Canada, and regional police in Waterloo, Ontario were notified by Santa Barbara police. Waterloo police aided in the investigation by searching a home in Kitchener on Thursday. No details of the threat have been released.

Adrian Poffley, 26, of Kitchener, Ontario has been charged with sending a death threat and is scheduled to appear in court in September.

Source: MJJSource

Neverland manager: Search went beyond warrant
Mood:  irritated

SANTA MARIA, California (AP) -- The property manager of Michael Jackson's Neverland Ranch testified Friday that sheriff's deputies looking for evidence last year searched areas that were not specified in a warrant.

Joseph Marcus took the witness stand during a pretrial hearing as the defense sought to prove authorities went overboard when they swept into the estate on November 18, 2003.

Marcus said he initially cooperated when the battalion of investigators arrived.

"I worked with them all day," he said, adding that he studied the search warrant they presented to make sure he admitted them only to the areas specified.

He said he agreed to let them into Jackson's office and a few other areas that were not on the search warrant when they said they were doing so only to establish that the locations were secure and no one was there.

"I cooperated and opened the door, but then they decided they wanted to do a search," Marcus testified. "I objected because it was not in the scope of the search warrant."

A deputy told him he would call and have the search warrant amended, but Marcus said that was not done as far as he knows, and the search went ahead anyway. He added that he was also pressured to answer questions by authorities.

"I initially refused to and said I wasn't really interested," Marcus said. "I said, 'Do I have to answer questions?' and they said, 'No, if you have nothing to hide.' I said there's nothing to hide here. It is what it is."

Friday's testimony came at a pretrial hearing in which defense attorneys are trying to limit the evidence prosecutors can produce at the entertainer's January 31 trial.

Defense attorneys argue that the search of Neverland, which lasted 15 hours and involved about 40 officers, was overly broad and unjustified.

A prosecutor asked Marcus about whether alcohol was served at Neverland and the witness said it was not. The judge halted questioning on the topic after the defense objected that it was off the point of the hearing.

Before Marcus took the stand, Cochran questioned sheriff's Detective Paul Zelis, who directed the search, and noted deputies seized a magazine on which was written the phone number of Mohamed Al Fayed.

"We had a person (by that name) involved in this investigation and it was in plain view," the deputy said.

Mohamed Al Fayed is the father of Dodi Al Fayed, who was killed in a car crash with Britain's Princess Diana. There was no further elaboration on how the elder Al Fayed may have been involved in the Jackson case.

Jackson, 45, is charged with committing a lewd act upon a child, administering an intoxicating agent and conspiring to commit child abduction, false imprisonment and extortion. He has pleaded not guilty and is free on $3 million bail.

On Thursday, Jackson's elegant home was placed on display in the courtroom as defense attorneys showed a judge videotapes of the November raid.

And the defense elicited testimony from the stepfather of Jackson's accuser that validated what had long been rumored -- that the accuser's family sought payment from Jackson for appearing in a video designed to restore Jackson's reputation.

The stepfather, identified as "Mr. Doe" to shield his stepson's identity, portrayed himself as the moving force behind efforts to obtain payment from Jackson's people.

He said he told an unspecified "gentleman from Neverland" that his family "has nothing and you're making millions from this and what are you going to do for this little family?"'

He said the person offered to provide a college education and buy the family a house.

His testimony appeared to bolster defense contentions that the accuser's family tried to shake down Jackson for money. Lawyers for Jackson claim the molestation accusations came when no payment was made.

In another development Thursday, Jackson, with the judge's approval, released a brief statement on his Web site railing at critics he said have targeted him and his family with lies and ridicule. The statement did not mention the charges he is facing.

"We have watched as we have been vilified and humiliated," Jackson said. "I personally have suffered through many hurtful lies and references to me as 'Wacko Jacko' as well as the latest untruth about me fathering quadruplets."



--------------------------------------------------------------------------------

Copyright 2004 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.


Find this article at:
http://www.cnn.com/2004/LAW/08/20/michael.jackson.ap/index.html

Statement from Karen Faye
Mood:  happy
Topic: Mishandled
During the August 16, 2004 broadcast of "Catherine Crier Live," CourtTV's Diane Dimond reported the following in relevance to the recently concluded investigation by Attorney General Bill Lockyer to Michael Jackson's allegations of police misconduct:

"Karen Faye, Michael Jackson's loyal, long-time make-up artist... According to confidential sources close to the investigation, informants told the AG's office it was Faye who had actually applied make-up to create the bruise seen here on Jackson's arm, and that it was all smoke and mirrors."


In response, Karen Faye issued the following response to MJJForum:

"I just want to make a statement regarding Diane Dimond's public statement that I used make-up to make a bruise on Michael's arm. This is totally untrue. I am very angry. I am legally pursuing an "on the air" retraction of her statement. I have first hand experience, that we are dealing with a pack of liars.

"I also want to thank all of you for giving Michael, his family, and his team all of your love and support. We must do everything we can to bring justice and fairness back into this world. Your show of support gives me hope that there are so many people in the world that DO have true hearts. We will pave the way to a better world, and Michael will help us do it!

"Love, Karen Faye"


DISCLAIMER: Neither MJJFORUM.COM, CLUBMJJF.COM, MJJF-EUROPE.COM, nor the opinions expressed in any and all writings/posts/messages located anywhere on this site, are in any way affiliated either expressly or implicitly with Michael Jackson, MJJsource.com, MJJProductions, his management, his attorneys, etc.

MJJF-EUROPE.COM, nor the opinions expressed in any and all writings/posts/messages located anywhere on this site, are in any way affiliated either expressly or implicitly with Michael Jackson, MJJsource.com, MJJProductions, his management, his attorneys, etc.

MJJFORUM.COM IS NOT in any way, shape or form the official website of Michael Jackson. Because we do not speak for Michael Jackson, we DO NOT fall under any gag orders associated with the current case.




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STATEMENT OF MICHAEL JACKSON - AUGUST 10, 2004
Mood:  happy
APPROVED BY JUDGE MELVILLE ? AUGUST 16, 2004

?My family and I have dedicated our lives to spreading unity and peace to the world through our music. The most recent unauthorized version of my life story, ?Man in The Mirror,? in no way shape or form represents who we are as a family. It is unfortunate that for years, we have been targets of completely inaccurate and false portrayals. We have watched, as we have been vilified and humiliated. I personally, have suffered through many hurtful lies and references to me as ?Wacko Jacko? as well as the latest untruth about me fathering quadruplets.

?This is intolerable and must stop. The public depiction of us is not who we are, or what we are: we are a loving family. My success on stage can be attributed to the love and support of my family off stage. My brothers and I are ?brothers? first, we started out together and will always be together. All I can hope for is that one day, my family will be shown the same kindness and respect that we have, throughout our lives, shown to others.?
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Report: Jackson not 'manhandled' in custody
Mood:  surprised
Topic: Mishandled
Judge orders portion of report released



SANTA MARIA, California (CNN) -- The judge in the molestation case against pop star Michael Jackson on Thursday ordered the release of part of a report by the state's attorney general concluding that the singer was not treated roughly when he surrendered on the charges last year.

Santa Barbara County Superior Court Judge Rodney Melville's announcement during a pretrial hearing in the case prompted a heated protest from Jackson attorney Thomas Mesereau Jr., who called the report a "sham and a scam" designed to give the prosecution positive publicity.

Jackson told CBS' "60 Minutes" in December that he was "manhandled very roughly" when he was taken into custody on the child molestation charges. He said he was bruised and that his shoulder was dislocated.

The Santa Barbara County Sheriff's Department denied the charges.

Sources familiar with the investigation told CNN Sunday that the California attorney general's office determined that sheriff's deputies treated Jackson properly.

Mesereau said it was "extraordinary" that the attorney general's office would take it upon itself to investigate the matter, since Jackson had never filed a complaint or lawsuit about the incident.

He said the attorney general's office never interviewed or examined Jackson in the course of its investigation, and said the conclusion of the report was "propaganda designed to violate" the judge's gag order in the case.

The judge said Jackson will be allowed to make a statement on the portion of the report made public, but will have to clear it with the judge first.

Accuser's stepfather takes stand

Later Thursday, the stepfather of the boy who accuses Jackson of molesting him took the witness stand in a hearing to determine whether some evidence gathered by the prosecution can be used at trial.

Identified only as John Doe, the stepfather said someone representing Jackson called him and said that Jane Doe, his wife, and his children needed to come back to the ranch to film a video to rebut a British documentary in which Jackson admitted sleeping in the same bedroom as children.

John Doe testified that he asked the man what he was offering, and the man said the family would be given a house, college educations for the children and security.

The hearing is being held to determine whether some evidence gathered by the prosecution can be used at trial.

At issue is the defense's claim that District Attorney Tom Sneddon violated attorney-client privilege between Jackson and his former attorney, Mark Geragos, when the prosecutor searched the office of private investigator Brad Miller.

The defense said the prosecutor knew or should have known that Miller was working for Geragos at the time. As a result, the defense wants any information obtained in the search to be considered attorney work product -- notes and materials collected in preparation for a trial -- and therefore inadmissible as evidence.

Sneddon maintains he did not know that Miller was directly employed by Geragos.

An investigator with the Santa Barbara County Sheriff's Department testified Tuesday the department sought search warrants for Miller's office because the mother of the alleged victim had said that some items belonging to her may be there.

There was no court session Wednesday.

Jackson, 45, has pleaded not guilty to child molestation for alleged incidents with the boy that prosecutors say took place last year in February and March.

The singer is charged with seven counts of performing lewd or lascivious acts on a child under 14 and two counts of administering an intoxicating agent, reportedly wine.

Tuesday, Judge Melville turned down a defense motion to quash warrants used to search the pop star's Neverland Ranch.

The defense contended that investigators had used inaccurate information in making their case for the search warrants. But Melville said that even if that information wasn't accurate, authorities still had enough justification for the warrants.

CNN correspondent Miguel Marquez and producers Chuck Conder and Dree De Clamecy contributed to this report.


Find this article at:
http://www.cnn.com/2004/LAW/08/19/jackson.case/index.html

Judge: Search of Jackson's ranch justified



LOS ANGELES, California (AP) -- Child molestation allegations by a 12-year-old boy provided authorities with legal justification for a massive search of Michael Jackson's Neverland Ranch last year, a judge ruled, rejecting defense efforts to challenge the search as illegal.

In his ruling Tuesday, Superior Court Judge Rodney Melville short-circuited a plan by Jackson's lawyers to call multiple witnesses in an effort to show that prosecutors had insufficient information to justify the invasion of Jackson's estate last November.

Defense attorney Steve Cochran had argued that authorities "relied on a lot of pontificating" from people without sufficient expertise.

"The point was to smear my client, to make it appear there was a menace to society out there whose house needed to be searched immediately," he argued.

Deputy District Attorney Ron Zonen said the only thing that could invalidate the search would be significant misrepresentations on the search warrant. Those, he said, were not present, and the judge agreed.

Melville conceded that there may have been "some relevant omissions," but he concluded: "There was probable cause to believe Michael Jackson had committed the offenses based on the statements of the minor witness."

The judge said he was basing his ruling on extensive written briefs, most of which he has sealed from public view.

Loyola University Law School Professor Laurie Levenson said the ruling probably was not a surprise to the defense since such motions are difficult to win.

"It doesn't hurt to try," she said, "and it preserves the matter for any future appeal."

Melville did agree to let defense attorneys challenge individual items seized during the search and recessed the hearings Wednesday to give lawyers time to draft a list of items they want suppressed as evidence.

When the hearing resumes on Thursday, Jackson's lawyers are expected to call more witnesses as part of their effort to get evidence obtained from the office of private investigator Bradley Miller thrown out.

Jackson's attorney fined
On Tuesday, the defense made a surprise allegation -- that Stanley J. Katz, the psychologist who first took the boy's claims about Jackson to authorities, had also been treating Miller.

Katz declined to discuss his relationship with Miller, claiming a therapist's privilege of confidentiality, which the judge eventually upheld.

Brian Oxman, the defense attorney who made the surprise allegation, wound up being fined $1,000 by the judge when he persisted in bringing up issue after the judge ruled it was out of bounds.

"Bradley Miller is a very special patient of yours, is he not, Dr. Katz?" asked Oxman.

"If he were a patient, I could not disclose that because of the privilege," Katz replied.

Katz had been called Tuesday in an effort to determine whether Santa Barbara County District Attorney Tom Sneddon and other authorities were aware that Miller worked for Jackson's former lawyer, Mark Geragos, when evidence was seized from Miller's office. They say they had no such knowledge.

Katz, who acknowledged only that he had worked with Miller on family court cases, said he never discussed the Jackson case with Miller and did not tell authorities that Miller was working for Geragos.

Jackson, 45, is charged with committing a lewd act upon a child, administering an intoxicating agent and conspiring to commit child abduction, false imprisonment and extortion. He has pleaded not guilty and is free on $3 million bail.



--------------------------------------------------------------------------------

Copyright 2004 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.

Find this article at:
http://www.cnn.com/2004/LAW/08/18/jackson.case.ap/index.html

D.A. gets testy in Jackson case

SANTA MARIA, California (CNN) -- The district attorney who filed child molestation charges against pop star Michael Jackson was called to the stand during a preliminary hearing focusing on the prosecutor's actions in the weeks before the charges were lodged.

Jackson attended the first day of the hearing Monday, but is not expected to be in court when the hearing resumes Tuesday.

Santa Barbara County District Attorney Tom Sneddon defended his actions in a sometimes contentious hearing that lasted for more than three hours.

At times, Judge Rodney Melville told Sneddon to stop being so combative with defense attorney Thomas Mesereau.

"I'm going to ask you not to spar with the defense attorney," Melville said.

Jackson, dressed in a white suit, stared intently at the district attorney through his sunglasses, but he showed no emotion during the testimony. Jackson sat in the courtroom with his mother and father, as well as his siblings, including Jermaine, Janet and LaToya -- all of whom were dressed in white.

At issue is the defense's claim that Sneddon violated attorney-client privilege between Jackson and his former attorney, Mark Geragos, when he conducted a search of the office of a private investigator.

The defense claims the prosecutor knew or should have known that the investigator, Brad Miller, was working for Geragos at the time. As a result, the defense wants any information obtained in the search of Miller's office thrown out.

Sneddon maintained throughout the hearing that he did not know that Miller was directly employed by Geragos.

"It just never dawned on you that Miller could be working for Mark Geragos?" Mesereau said.

"That's true," Sneddon responded.

But the district attorney later admitted he told Jackson's defense team during a conference call last month that he knew Miller worked for Geragos. However, he said he called one of Jackson's lawyers back the next day to say that he had spoken incorrectly.

Sneddon has a long history with Jackson. He investigated the pop star in 1993 for child molestation against a boy, a case that never made it to trial because of a multimillion dollar settlement with the boy and his family.

The Jackson family has since said the prosecutor has an ax to grind with the pop star.

About 50 to 100 fans -- a much smaller crowd than at his previous court visits -- cheered and waved signs of support outside the court when Jackson arrived Monday. A security guard held a black umbrella for Jackson as he entered the courthouse.

Jackson, 45, has pleaded not guilty to child molestation. The singer is charged with seven counts of performing lewd or lascivious acts on a child under 14 and two counts of administering an intoxicating agent, reportedly wine.

In a development late Sunday, sources familiar with the investigation told CNN that the California attorney general's office has determined that Santa Barbara County sheriff's deputies treated pop star Michael Jackson properly when he surrendered himself to them last year. (Full story)

Jackson told CBS' "60 Minutes" in December that he was "manhandled very roughly" when he was taken into custody on the child molestation charges -- a claim the sheriff's department had denied.


Find this article at:
http://www.cnn.com/2004/LAW/08/16/jackson.case/index.html

Jackson attorney fined by judge

But not before psychologist admits he knew private eye

SANTA MARIA, California (CNN) -- The judge in the Michael Jackson child molestation case fined one of the pop star's lawyers $1,000 Tuesday after he refused to back off a line of questioning the judge had told him was off-limits.

The issue concerned repeated attempts by Brian Oxman, a Jackson family attorney, to get Dr. Stan Katz, the psychologist who interviewed the alleged victim and concluded that molestation had taken place, to acknowledge that a private investigator in the case was also his patient.

The boy and his family had been referred to Katz by attorney Larry Feldman, who also referred another boy and his parents to the doctor in 1993 regarding molestation allegations against Jackson

The singer resolved the previous allegations with a nearly $20 million out-of-court settlement, and no charges were filed.

Katz testified Tuesday on the second day of a pretrial hearing in the case that the first time he had heard of the investigator, Bradley Miller, was in a meeting with Feldman in June 2003.

"He just mentioned that an investigator named Brad Miller had made a videotape of the minor children," Katz said in response to a question from Oxman.

He said the next time he had heard Miller's name was in news stories about a break-in at the investigator's office.

Oxman then dropped a bombshell.

"Bradley Miller is a very special patient of yours, isn't he, Dr. Katz?" Oxman asked.

Katz claimed doctor-patient privilege and said he could not discuss his patients. Santa Barbara Superior Court Judge Rodney Melville backed up Katz's assertion.

Katz then admitted that he knew Miller because he had worked on family law cases with the investigator.

Melville warned Oxman two times to back off that line of questioning. When Oxman failed to heed the warnings, Melville imposed the sanction, payable immediately.

Jackson, 45, has pleaded not guilty to seven counts of performing lewd or lascivious acts on a child under 14 and two counts of administering an intoxicating agent, reportedly wine.

Attorney-client privilege
At issue in the hearing, which began Monday, is the defense's claim that Santa Barbara County District Attorney Tom Sneddon violated attorney-client privilege between Jackson and his former attorney, Mark Geragos, when he conducted a search of Bradley Miller's office in November 2003.

The defense says Sneddon knew or should have known that Miller was working for Geragos at the time.

The defense wants any information obtained in the search to be considered attorney work product and therefore inadmissible in evidence.

Sneddon maintains he did not know that Miller was directly employed by Geragos.

Sneddon has a long history with Jackson. He investigated the molestation allegations against the pop star in 1993, and the Jackson family has since said Seddon has an ax to grind with him because the settlement precluded criminal charges.

Santa Barbara County sheriff's investigator Jeff Klapakis, who has led the Jackson case since February 2003, testified Tuesday that the sheriff's department did not know Miller worked for Geragos.

"It dawned on no one ... that Mr. Miller was an investigator hired by an attorney, namely Mr. Geragos?" asked Jackson defense attorney Steve Cochran.

"That is correct," Klapakis said.

The investigator said the department sought search warrants for Miller's office because the mother of the alleged victim said that some items belonging to her might be there.

Klapakis said the department did not notify police in Beverly Hills, where Miller's office was situated, about the warrants because it feared there would be a leak and that Miller would remove the items it was seeking.

Among the items taken from Miller's office during the search were a videotape and letters. The defense wants those items excluded from the evidence at trial.

Motion to quash warrants rejected
In other matters, Melville turned down a defense motion to quash warrants used to search Jackson's Neverland Ranch in Santa Barbara County in November 2003.

The defense contended that investigators used inaccurate information in making their case for the warrants. But Melville said that even if the information wasn't accurate, authorities still had enough justification for them.

A number of scheduling problems also have arisen in the case.

Defense attorneys had wanted to question the alleged victim's mother, identified as Jane Doe, in the hearing, but the prosecution told Melville the woman could not appear until the end of September because of complications from a C-section she underwent to deliver a baby July 27.

Melville said such a delay was "unsatisfactory to our timeline."

Also, Jackson attorney Thomas Mesereau Jr. told the judge that he must appear in Alabama the last two weeks of September for a death penalty case.

Melville has already moved the projected start of the trial from September to the end of next January.

The sheriff's department imposed tight security around Jackson's appearance at the courthouse in Santa Maria for Monday's session after it received threats of bodily harm against the pop star, sources close to the case told CNN. The department refused to comment.

Jackson was not in court Tuesday.

CNN's Miguel Marquez and Dree deClamecy contributed to this report.


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Jackson Makes Surprise Visit to LA Church

Mon Aug 16, 7:54 AM ET

By LINDA DEUTSCH, AP Special Correspondent

SANTA MARIA, Calif. - Michael Jackson (news) made a surprise visit to Los Angeles' pre-eminent black church a day before he was to face off in court against the man who has put him on trial ? Santa Barbara County District Attorney Tom Sneddon.


Jackson, who wore a dark blue velvet jacket with a gold armband on one sleeve, went to the First AME Church on Sunday, appearing with his attorney, Tom Mesereau Jr., brother Randy and comedian Steve Harvey (news).


During a meeting with about 35 Sunday school students, Jackson was asked by one girl if the children could visit Jackson's Neverland ranch, to which the pop star replied: "You're welcome to come anytime."


When asked about the visit by ABC's "Good Morning America," Jackson said he went to the church "to worship and to see the children."


Jackson, 45, is charged with committing a lewd act upon a child, administering an intoxicating agent and conspiring to commit child abduction, false imprisonment and extortion. He has pleaded not guilty and is free on $3 million bail.


The focus of Monday's hearing was to be Sneddon's actions in the weeks before the charges were filed. The defense seeks to show that Sneddon invaded the sanctity of the attorney-client privilege between Jackson and his former attorney when he conducted personal surveillance of a private investigator's office.


The investigator, Bradley Miller, was not in his Beverly Hills office when Sneddon went there and photographed the building and its roster of occupants.


Santa Barbara County sheriff's officials already have testified that they used a sledgehammer to break into Miller's office and seize videotapes and files relating to the Jackson case. They maintain that they did not know Miller was employed by Jackson's former attorney, Mark Geragos.


The defense says any materials seized from Miller's office should never see the light of day as evidence.


The seized materials are believed to be crucial to the prosecution case ? among them, a videotape of Jackson's 12-year-old accuser and his family praising the singer's character.


Prosecutors claim the tape was made under duress, with Jackson holding the family prisoner at his Neverland ranch. Without the tape, a central theory of the case against Jackson would be severely undermined.


Jackson has decided he wants to be present for this confrontation. In the audience are expected to be his parents, Joseph and Katherine, and siblings including Janet, LaToya, Jermaine and Jackie.


"It's a faceoff between Jackson and Sneddon," said Laurie Levenson, a Loyola University law professor and former federal prosecutor. "And emotionally, it's a big moment in the case. This is high drama."


Ten years ago, Sneddon tried to build a child-molestation case against Jackson. But it fell apart when the singer's accuser reportedly accepted a multimillion-dollar civil settlement and refused to testify in any criminal case.


Prosecutors got a boost Sunday when word leaked that the state attorney general's office has concluded that Jackson was not "manhandled" by sheriff's deputies who took him into custody last year on the molestation charges, CBS News reported Sunday.


The findings were contained in a three-page letter Martin A. Ryan, chief of the attorney general's California Bureau of Investigation, sent to Santa Barbara County Sheriff Jim Anderson, CBS reported.


A spokesman for the attorney general did not immediately return a call for comment.


Jackson told CBS' "60 Minutes" last year that he was "manhandled" by sheriff's deputies who deliberately handcuffed him in a way they knew was "going to hurt" and that dislocated his shoulder. After he was taken to jail, he said, he was placed in a feces-smeared restroom for 45 minutes before being released.
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Jackson in court for key hearing

Report: Pop star not 'manhandled'

SANTA MARIA, California (AP) -- Fans of Michael Jackson erupted in cheers Monday as the pop star emerged from a double-decker tour bus and went into court for a showdown with the prosecutor who has pursued him for years on child molestation charges.

Jackson, wearing a white suit with a mustard yellow armband, entered the court with several family members, also dressed in white. A bodyguard held a black umbrella over the singer, who flashed a peace sign to the crowd.

About 100 mostly young fans pressed against a chain-link fence and hoisted signs saying "Our Love is With You" and "Michael Jackson is Innocent" outside the hearing on whether prosecutors can use evidence seized from the office of a private investigator working for the singer.

Dozens of police and a small group of people demonstrating in support of sexual abuse victims were also at the court.

Like other Jackson supporters, Olivia Baker, 20, of San Diego, said the singer has been unfairly targeted by Sneddon.

"No human being deserves that, especially since he's given his whole heart to the world," said Baker, wearing a Jackson-trademark black fedora. "His heart is honest. I don't believe he would ever hurt a child."

Santa Barbara County District Attorney Tom Sneddon was expected to be the first witness of the day at a hearing that comes amid dueling public relations moves.

Jackson made a surprise visit to Los Angeles' pre-eminent black church on Sunday, which legal experts said was an effort to boost his reputation ahead of the showdown with the Santa Barbara County prosecutor.

In an added public relations flourish, Jackson decided to attend Monday's pretrial hearing with his parents, Katherine and Joseph Jackson, and siblings Jermaine, Janet, Jackie and LaToya.

Prosecutors received their own boost Sunday with the release of a leaked report by the state attorney general that rejected Jackson's charge that he was "manhandled" when sheriff's deputies took him into custody last year. (Full story)

"The timing is amazing," said Loyola University Law School professor Laurie Levenson, a former federal prosecutor. "This means both sides are playing the public relations game. No matter who leaked it, prosecutors want the public to see Michael Jackson as a manipulator and a liar. And it gets some of the spotlight off Sneddon."

The report to Santa Barbara County Sheriff Jim Anderson, which was posted on the CBS News Web site, casts doubt on Jackson's claim that his shoulder was dislocated when he was handcuffed.

Superior Court Judge Rodney Melville had rejected Anderson's request Friday to publicly release the report.

Jackson's appearance at First AME Church in South Los Angeles the day before his attorney was to challenge Sneddon in court also raised eyebrows.

"Jackson has never been involved with the African American community in the past," Defense attorney Steve Cron said. "I can't imagine why else he would suddenly get religion."

Jackson, 45, is charged with committing a lewd act upon a child, administering an intoxicating agent and conspiring to commit child abduction, false imprisonment and extortion. He has pleaded not guilty and is free on $3 million bail.

The focus of the hearing is Sneddon's actions in the weeks before the charges were filed. The defense seeks to show that the prosecutor violated attorney-client privilege between Jackson and his former attorney, Mark Geragos, when he conducted personal surveillance of a private investigator's office.

The investigator, Bradley Miller, was not in his Beverly Hills office when Sneddon went there and photographed the building and its roster of occupants.

Santa Barbara County sheriff's officials already have testified that they used a sledgehammer to break into Miller's office and seize videotapes and files relating to the Jackson case. They maintain that they did not know Miller was employed by Geragos.

The conspiracy count has become a centerpiece of the prosecution case with allegations that the 12-year-old accuser and his family were coerced into making a videotape praising the singer's character.

The tape and other materials seized from Miller's office are at issue in the hearing. A ruling that they must be suppressed because they were wrongfully seized would seriously undermine the prosecution's case.



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D.A. defends actions in Jackson case

SANTA MARIA, California (CNN) -- The district attorney who filed child molestation charges against pop star Michael Jackson was called to the stand Monday during a preliminary hearing focusing on the prosecutor's actions in the weeks before the charges were lodged.

Santa Barbara County District Attorney Tom Sneddon appeared relaxed as he took the stand to defend his actions.

The hearing began at 10 a.m. (1 p.m. ET).

At issue is the defense's claim that Sneddon violated attorney-client privilege between Jackson and his former attorney, Mark Geragos, when Sneddon conducted a search of the office of a private investigator.

The defense claims the prosecutor knew or should have known that the investigator, Brad Miller, was working for Jackson at the time. As a result, the defense wants any information obtained in the search of Miller's office thrown out.

Sneddon maintained throughout the hearing that he did not know that Miller was directly employed by Geragos.

"It just never dawned on you that Miller could be working for Mark Geragos?" defense attorney Thomas Mesereau asked.

"That's true," Sneddon responded.

But the district attorney later acknowledged that he was aware Geragos was working on a property matter for Jackson.

Sneddon has a long history with Jackson. He investigated the pop star in 1993 for child molestation against a boy, a case that never made it to trial because of a multimillion dollar settlement with the boy and his family.

The Jackson family has since said the prosecutor has an ax to grind with the pop star.

Jackson, dressed in a white suit with a gold band on one of his arms, attended Monday's hearing, arriving in a tour bus along with members of his family, including both his parents, as well as siblings Jermaine, Janet and LaToya.

About 50 to 100 fans -- a much smaller crowd than at his previous court visits -- cheered and waved signs of support outside the court when Jackson arrived. A security guard held a black umbrella for Jackson as he entered the courthouse.

Jackson, 45, has pleaded not guilty to child molestation. The singer is charged with seven counts of performing lewd or lascivious acts on a child under 14 and two counts of administering an intoxicating agent, reportedly wine.

In a development late Sunday, sources familiar with the investigation told CNN that the California attorney general's office has determined that Santa Barbara County sheriff's deputies treated pop star Michael Jackson properly when he surrendered himself to them last year. (Full story)

Jackson told CBS' "60 Minutes" in December that he was "manhandled very roughly" when he was taken into custody on the child molestation charges -- a claim the sheriff's department had denied.



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Drama expected in Jackson case showdown
Mood:  energetic
SANTA MARIA, California (AP) -- A day before he is scheduled to appear in court for his child molestation case, Michael Jackson made a surprise visit Sunday to a church in south Los Angeles and met with about 35 Sunday school students.

One girl at the First AME Church asked if the children could visit Jackson's Neverland Ranch, to which the pop star replied: "You're welcome to come anytime."

Jackson, who wore a dark blue velvet jacket with a gold armband on one sleeve, was not made available for questions.

He appeared with his attorney, Tom Mesereau Jr., brother Randy and comedian Steve Harvey. Mesereau declined to comment on the case.

On Monday, Jackson's family will be standing by him for a courtroom confrontation with the man who wants to put him in prison -- a district attorney whose pursuit of Jackson dates back more than a decade.

Although the legal agenda for Monday's pretrial hearing is significant, emotional overtones may take center stage.

The subject of this session is District Attorney Tom Sneddon, the man who also tried to bring charges against Jackson in 1993 in a confrontation so bitter that Jackson wrote an angry song that only slightly disguised Sneddon's name.

On Monday, Mesereau gets to question Sneddon about his actions in the weeks before the current charges against Jackson were filed.

The defense is seeking to show that Sneddon invaded the sanctity of the attorney-client privilege between Jackson and his former attorney.

Jackson has not been required to attend pretrial hearings, but he decided he wanted to be present for this confrontation.

In the audience will be his parents, Joseph and Katherine, and siblings Janet, LaToya, Jermaine and Jackie.

"It's a face-off between Jackson and Sneddon," said Laurie Levenson, a Loyola University law professor and former federal prosecutor. "And emotionally, it's a big moment in the case. This is high drama."

The hearing is also important legally, she said, because prosecutors stand to lose their key evidence if it is found that they obtained it illegally.

"This is the basis of the conspiracy count," she said.

In addition, she said, a finding that the prosecution intentionally interfered with the attorney-client relationship could prompt a motion to dismiss the charge entirely.

Jackson, 45, is charged with committing a lewd act upon a child, administering an intoxicating agent and conspiring to commit child abduction, false imprisonment and extortion. He has pleaded not guilty and is free on $3 million bail.

Sneddon was subpoenaed by Jackson's attorneys to testify about surveillance he personally conducted at the office of a private investigator working for Jackson's former attorney, Mark Geragos.

The investigator, Bradley Miller, was not in his Beverly Hills office when Sneddon went there and photographed the building and its roster of occupants.

Santa Barbara County sheriff's officials already have testified that they used a sledgehammer to break into Miller's office and seize videotapes and files related to the Jackson case. They maintain that they did not know Miller was employed by Geragos.

The defense says any materials seized from Miller's office should be suppressed as evidence.

The seized materials are believed to be crucial to the prosecution case -- among them a videotape of Jackson's 12-year-old accuser and his family praising the singer's character.

Prosecutors claim the tape was made under duress, with Jackson holding the family prisoner at his Neverland Ranch.

Without the tape, a central theory of the case against Jackson would be severely undermined.



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Sheriff wants to release Jackson arrest probe

SANTA BARBARA, California (AP) -- The sheriff has asked a judge's permission to release the results of a state probe into allegations that Michael Jackson was "manhandled" by authorities after his arrest for investigation of child molestation.

But Santa Barbara County Sheriff Jim Anderson's request to publicize the investigation's findings were ordered sealed by Superior Court Judge Rodney Melville, according to court documents released Friday.

It was unclear whether the state attorney general's investigation had been completed because significant portions of Anderson's motion, filed Thursday, were blacked out.

Anderson asked for a state investigation last year after Jackson claimed he was mistreated while in custody.

In a CBS "60 Minutes" interview, the singer alleged that authorities locked him in a feces-smeared restroom for 45 minutes after he asked to use the facilities. He showed what he said was a bruise on his right arm and claimed his shoulder was dislocated.

TV news cameras, however, recorded Jackson waving with both arms to fans as he was let out of jail.

Sheriff's officials and Nathan Barankin, a spokesman for Attorney General Bill Lockyer, declined to comment, the Santa Barbara News-Press said.

Anderson's motion was among at least 17 court records released Friday. Many had numerous deletions, continuing the pattern of secrecy imposed by Melville throughout Jackson's case.

In one filing, media attorney Theodore Boutrous Jr. asked that media be allowed to film and photograph court proceedings August 16 when District Attorney Tom Sneddon is scheduled to testify.

"Mr. Sneddon's testimony is a quintessential example of the kind of proceeding that warrants camera coverage," wrote Boutrous, who represents a coalition of media organizations including The Associated Press.

Jackson's defense did not oppose the media's request, according to court records.

Other documents released Friday contain requests by defense lawyers to throw out evidence seized by law enforcement during raids on November 18, 2003.

Jackson is charged with committing a lewd act upon a child, administering an intoxicating agent and conspiring to commit child abduction, false imprisonment and extortion. He has pleaded not guilty and is free on $3 million bail.



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Janet Jackson Nightclub Trouble (MJ related: must read)

02/08/2004

Sexy singer JANET JACKSON was reportedly held back by security guards in a Los Angeles night club last week (26JUL04), after she tried to punch a man who was being rude about her brother MICHAEL.

According to British newspaper the DAILY MIRROR, the THAT'S THE WAY LOVE GOES singer was in the VIP section at the city's Concorde Club when she heard someone say that Michael was a "f***ing freak".

A witness says, "She suddenly lost her composure and lunged towards him.

"It looked as though it was about to kick off when security came in and the guy was dragged out of the club."

Janet returned to the dance floor but couldn't get back into the party atmosphere.

The source adds, "It definitely ruined her night."

Source: NY Daily

MJSTAR