(Perdón si esto ya ha sido puesto)
Jackson team goes on offense
Attorney Thomas Mesereau spars with District Attorney Tom Sneddon
8/17/04
By DAWN HOBBS and SCOTT HADLY
NEWS-PRESS STAFF WRITERS
Santa Barbara County District Attorney Tom Sneddon said he knew in July that he had made a mistake in the Michael Jackson case and that he'd have to testify in court to try to fix it.
That day came Monday when he took the stand in a packed Santa Maria courtroom and was questioned methodically by lead defense lawyer Thomas Mesereau, who was trying to prove that an illegal raid had been conducted in the child molestation case against his client.
The search of a private investigator's office would have been illegal had Mr. Sneddon known, or had reason to know, that the investigator worked for Mr. Jackson's attorney. The issue is crucial, since all computers, audiotapes and videotapes seized by authorities there would be barred from the singer's trial if the raid were not legal.
The prosecutor conceded Monday that last month he mistakenly told the defense he knew investigator Bradley Miller was working for attorney Mark Geragos.
Mr. Sneddon said he was upset that he and his legal team had failed to meet a court deadline and was exhausted when he made the error. "It was a mistake borne of being upset and angry over the failure that I let a lot of people down," Mr. Sneddon said, referring to the judge, the alleged victim and his family.
Mr. Sneddon's concession capped his four hours of testimony, given under the watchful eye of Mr. Jackson. In an odd twist in this case, the veteran prosecutor was grilled while the accused sat back and watched. But if Mr. Jackson, who once wrote a caustic song about the district attorney, enjoyed the irony he kept it to himself.
It was the first time Mr. Jackson has appeared in court since he pleaded not guilty April 30 to child molestation and conspiracy charges. He didn't have to show up Monday, but chose to anyway.
Dressed in a pristine white three-piece suit with a gold armband, diamond neck brooch and lapel pin, the pop star sat alert, attentively focused on the district attorney's testimony. His family and fans were less guarded about their emotions, however. Also dressed all in white, his sisters, La Toya and Janet, and his brothers, Jermaine, Jackie and Randy, sometimes exchanged smiles when Mr. Mesereau appeared to score a point. At one point, Mr. Jackson's fans even giggled at one of Mr. Sneddon's tortured explanations.
But Mr. Sneddon didn't give an inch. He stuck to his story despite Mr. Mesereau's insistence that the prosecutor should have known he was violating attorney-client privilege when he helped get a search warrant to raid the private investigator's office in November 2003.
Superior Court Judge Rodney Melville will have to decide after listening to what is expected to be a week's worth of testimony from a collection of witnesses.
"The question is did he know, or should he have known that Bradley Miller was working with the defense," Laurie Levenson, professor at Loyola University School of Law, said outside the courthouse.
"It's a problem for Sneddon that he appeared evasive or clueless," Ms. Levenson said. "I think Mesereau was quite good at chipping away at Sneddon to the point that he looked a little foolish."
She didn't think Mr. Mesereau made the case that Mr. Sneddon knew about the working relationship between Mr. Miller and Mr. Geragos at the time he was preparing a more than 80-page affidavit in support of the search. But, Ms. Levenson said, Mr. Mesereau showed that the district attorney should have known.
It was a day of testy exchanges between the veteran prosecutor and the high-powered criminal defense lawyer, both of whom, appropriately enough, boxed as college students. From the witness stand, Mr. Sneddon frequently attempted to correct Mr. Mesereau's characterization of events.
"I'm asking whether your office knew, or had reason to know that Brad Miller worked for Geragos when you broke into his office," Mr. Mesereau prodded.
"I wouldn't characterize it as a break-in," Mr. Sneddon snapped.
At one point, Judge Melville broke in: "Mr. Sneddon, I'm asking you not to spar with the attorney. I want it to stop right now before it starts."
The judge also reviewed the rules of testimony with Mr. Sneddon, instructing him to act like an attorney, but answer questions like a witness.
"It's unusual when you have an attorney testifying," Judge Melville said. "You have simple rules when you're a witness. You have to vacate your role as an advocate."
Mr. Mesereau questioned whether his opponent crossed the line from prosecutor to investigator when he went to Los Angeles, located Mr. Miller's office, took photographs of it and then showed a lineup of photos to the accuser's mother, including a driver's license picture of Mr. Miller.
"I wasn't investigating him," insisted Mr. Sneddon, who indicated he was already in Los Angeles with his wife to visit the Getty Museum and wanted to save time for Sheriff's detectives.
"So you were just out having a good time?" Mr. Mesereau quipped, prompting giggles from Mr. Jackson's fans in the courtroom and a broad smile from the singer's brother Jermaine.
Mr. Mesereau worked his way through a series of letters that detectives received from the accuser's mother in July 2003 and that Mr. Sneddon had reviewed before the November search. The exchanges between the family's attorney and Mr. Geragos involved requests for the return of the alleged victim's belongings that were being held in a storage locker by Mr. Miller. Mr. Mesereau said that, at the very least, the correspondence should have prompted Mr. Sneddon to ask whether the private investigator was working for Mr. Geragos.
But during cross-examination, Mr. Sneddon turned it back on the defense, saying that to him the letters indicated Mr. Miller was not working for Mr. Geragos.
"We didn't know who had hired Mr. Miller," Mr. Sneddon said. "In fact, our working assumption was 180 degrees the other way."
He said he thought Mr. Miller was instead working for one of the other men the prosecution has linked to the case, but has not charged.
Mr. Sneddon said nowhere in the letters does Mr. Geragos say that Mr. Miller worked for him, and Mr. Geragos did not appear to know where the family's belongings were located.
Most importantly, though, Mr. Sneddon said Mr. Miller was allegedly involved with a range of crimes, including threats, stalking, possession of stolen property and extortion. The prosecutor couldn't believe that Mr. Geragos would be part of those activities: "I was not prepared to believe a lawyer was involved in conduct that would be career-ending."
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