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Jackson's accuser, gumshoe may share psychologist
8/18/04
By DAWN HOBBS
NEWS-PRESS STAFF WRITER
New details surfaced Tuesday in the child molestation case against Michael Jackson during the second day of a critical pretrial hearing, including the startling news that two key players on opposite sides of the case may share a psychologist.
It was publicly revealed for the first time in the Santa Maria courtroom that Mr. Jackson's young accuser and private investigator Bradley Miller both may have been patients of psychologist Dr. Stan Katz, who testified Tuesday.
It's not clear what implications this may have for the case. But the defense used the bombshell to question Dr. Katz about whether he knew of the relationship between Mr. Miller and Mr. Jackson's former attorney, Mark Geragos. Even though Dr. Katz testified that he knew nothing of the relationship, his testimony allowed defense lawyers to lay the groundwork for a potential conflict of interest that might prevent him from testifying for the prosecution at trial.
During the hearing to determine what evidence will be allowed at trial, defense lawyers are carefully scrutinizing a raid on Mr. Miller's office, claiming it was illegal because it violated attorney-client privilege. If that's proven, evidence seized would likely be tossed out. The items seized include computers, audiotapes and videotapes, including a videotaped interview of the boy and his mother that is at the core of the prosecution's case on the conspiracy charge against Mr. Jackson.
During the often testy exchange between Dr. Katz and defense co-counsel Brian Oxman, the psychologist testified that the boy told him the interview was done at the direction of Mr. Miller and Mr. Geragos.
When asked by Mr. Oxman, the psychologist repeatedly denied ever hearing Mr. Miller's name. But Mr. Oxman said, "Bradley Miller is a very special client of yours, isn't he, Dr. Katz?"
When Dr. Katz indicated he couldn't talk about his clients, Mr. Oxman continued: "Bradley Miller is a patient of his and has been for several years."
Superior Court Judge Rodney Melville repeatedly warned the defense lawyer not to step into areas protected by doctor-patient confidentiality. But Mr. Oxman persisted, and Judge Melville fined him $1,000.
The hearing to suppress evidence from the Nov. 18, 2003, raid will continue through Friday with the testimony of the accuser's stepfather and the family's first civil attorney, William Dickerman.
Judge Melville denied a defense request Tuesday to throw out the affidavit used for the raid of the private investigator's office and two other searches that day, one at Mr. Jackson's Neverland Valley Ranch and the other at the West Hills home of his videographer. But the judge said he would look at a list of evidence the lawyers want kept out and allow them to argue why it should be excluded.
At issue in this portion of the hearing was whether Santa Barbara County District Attorney Tom Sneddon knew, or reasonably should have known, that Mr. Bradley worked for Mr. Geragos when he helped prepare the search warrant affidavit.
It was also revealed Tuesday that the boy's family's second civil attorney, Larry Feldman, may have been the first to hear the boy's accusations. Mr. Feldman, who brokered a multimillion-dollar settlement in a 1993 child molestation case against the entertainer, called Dr. Katz, who was also involved in the 1993 case that never made it to trial, and asked him to speak with the boy.
"He asked me to interview the minor to determine the veracity of these comments they had made to him," Dr. Katz said.
Dr. Katz testified that the first time he saw the boy was on a British documentary that aired on ABC television in February 2003, during which Mr. Jackson said he shared his bed with children and is seen holding hands with the boy who would become his accuser.
During questioning Tuesday, Mr. Oxman pulled out a transcript of an interview between a sheriff's detective and Dr. Katz dated June 13, 2003, which indicated that Dr. Katz said the boy initially denied the molestation charge because he was forced to do a videotaped interview that placed the entertainer in a positive light.
Mr. Oxman read from the transcript, quoting Dr. Katz: ". . . they actually brought a private investigator because I know this investigator Brad Miller. And they set up a video camera and had them go on videotape and say how great (Mr. Jackson) was."
Dr. Katz repeatedly refused to answer Mr. Oxman's questions about whether he had seen Mr. Miller after he initially saw the boy and before the raid. After Judge Melville warned Mr. Oxman several times against treading on doctor-patient privilege, the defense lawyer continued and asked him about when he ran into Mr. Miller on the street after the November raid. When Mr. Miller asked his psychologist if he was seeing the boy in the case, Dr. Katz testified that he said he couldn't tell him.
"You mean you couldn't even tell your own client?" Mr. Oxman asked.
Judge Melville then immediately jumped in, fined the attorney $1,000 and addressed Mr. Jackson's lead attorney, Thomas Mesereau: "You're in charge of this team -- you've got a problem."
When Mr. Oxman returned from a short recess, he said: "I wanted to apologize to your honor, very deeply. I am just so passionate for my client."
The judge responded: "Just stop that. Get on with your questioning."
