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January 13, 2005
Jackson judge won't hold hearing on alleged prior abuse in secret
January 13, 2005
Paul Chavez, Associated Press Writer
The judge in the Michael Jackson child-molestation case has ruled that arguments over admissibility of evidence about past allegations of sex abuse will not be held in secret.
The ruling Wednesday by Superior Court Judge Rodney Melville was a victory for the news media and the prosecution, which both opposed a defense motion to hold a hearing on the issue in chambers.
Melville said he will schedule the arguments over admission of past abuse allegations after the jury is selected. He also said that if the evidence is admitted into the trial it would be presented to the jury after the prosecution presents its core case on the current allegations.
"I've had a bad experience as a judge. I once allowed evidence of this type and did not require the actual evidence first," Melville said, noting that he had to grant a new trial in that case.
The judge told defense attorney Thomas Mesereau Jr. that his decision could affect Mesereau's opening statement to the jury. Melville asked him to consider options that may include waiting to deliver his opening statement until after the prosecution has presented its case.
Jackson was not present Wednesday but he is expected when jury selection begins Jan. 31.
Media attorney Theodore Boutrous Jr. praised Melville's ruling that kept courtroom doors open for the hearings. The prosecution had supported keeping the hearing open, noting that the defense, while arguing that the hearings might prejudice the jury pool, has not expressed such concern on other issues that could be just as prejudicial.
Jackson, 46, is charged with plying a boy with alcohol and molesting him. He has pleaded not guilty.
Another court document shows the judge has ordered television correspondent Martin Bashir to come to California to testify in the trial on March 1. Bashir produced the 2003 TV documentary in which Jackson said he allowed children to sleep in his bed but that it was not sexual.
Bashir is now a correspondent for ABC News, which said Wednesday it will fight Bashir's subpoena.
"We feel strongly that the California shield law protects the rights of journalists who cannot be -- or be perceived to be -- arms of either the prosecution or defense as they pursue the news," ABC News Vice President Jeffrey Schneider said in a statement.
The judge set pretrial hearings for Jan. 21 and Jan. 27 to consider issues including whether a child-abuse expert can testify, the questionnaire to be given to jurors and other motions on admission of evidence.
Posted by Nancy at January 13, 2005 09:53 PM