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March 28, 2005
Past abuse claims haunt Jackson
Judge to decide whether to allow previous evidence
March 28, 2005 [Associated Press]
By Tim Malloy
SANTA MARIA - Michael Jackson tried to close the door on a 1993 claim of child molestation when he paid millions to a young accuser, but a court hearing today could resurrect those allegations.
The judge in the pop star's trial will decide whether prosecutors can introduce past claims to show jurors a pattern of abuse.
"It's like a nuclear bomb in this case," said Jim Hammer, a former San Francisco prosecutor and Fox News analyst. "(Jurors) are trying to do the right thing and if they see two or three kids say the same thing... the odds that they will convict him will go up astronomically."
The jury has been told of the 1993 allegations by a then-13-year-old boy, but the judge has discretion about what details become evidence. He could order testimony from the silenced accuser, and also let prosecutors say if there were other settlements.
NBC's "Dateline" has reported that the singer paid $2 million to the son of an employee at his Neverland Ranch in 1990.
Same attorney used
If earlier allegations are used to show a pattern of behavior, the defense is ready with a counter-argument that the current accuser's family used the 1993 case as a model for a shakedown.
Defense attorneys have already made sure jurors know that both boys had the same attorney, Larry Feldman, and were interviewed by the same psychologist, Dr. Stan J. Katz.
The 1993 accuser declined to cooperate with a criminal investigation of his claims after he received millions of dollars in a civil settlement.
"The defense is saying that was the motivation," said Dana Cole, a defense attorney following the case. "It really does provide the motivation for the family... to do what they're doing if you assume their allegations are false."
Cole, a close friend of Jackson lead attorney Thomas Mesereau who has worked with him on several other molestation cases, said the defense would prefer that the 1993 allegations not be allowed in the current case.
Evidence can be disastrous
Judge Rodney S. Melville denied a defense motion for a mistrial earlier this month filed on the grounds that Jackson's former maid, Kiki Fournier, testified about the singer's close friendships with several 10- to 14-year-old boys who stayed at his Neverland ranch. The boys she mentioned included the 1993 accuser.
Melville said he denied the motion because prosecutors elicited the testimony to establish how much contact Jackson had with the boys, not to suggest any impropriety by Jackson.
California's evidence code allows admission of evidence about past allegations as long as the investigative value outweighs the prejudicial effect it could have on jurors.
In a trial that has already included days of prosecutors showing jurors dozens of adult magazines seized from Jackson's home, the admission of evidence from the 1993 case could create yet another embarrassment.
Investigators photographed Jackson's genitals in an attempt to corroborate the accuser's description of what he said were distinctive markings. If the accuser is called to testify, the photographs could be among the evidence.
Posted by Nancy at March 28, 2005 10:17 AM