http://news.newspress.com/topsports/072404jacksoncase.htm
More than 30 pages in Jackson motion blacked out
7/24/04
By DAWN HOBBS
Countering a move by Michael Jackson's defense attorneys, prosecutors argue that it was entirely appropriate for the mother of the entertainer's alleged victim to refer to him as "the devil" during her grand jury testimony, according to a document released Friday.
"Under the circumstances, 'devil' seems rather tame," the prosecution document stated.
In a heavily censored legal motion, Santa Barbara County prosecutors in the Jackson child molestation case argued there was plenty of evidence to support the 10-count indictment against the pop star.
The motion attempts to deflect the defense's contention that prosecutors misused the grand jury process by presenting inadmissible evidence. The defense team, led by Thomas Mesereau, also accuses Santa Barbara County District Attorney Tom Sneddon of abusing his power as a prosecutor during the grand jury proceedings by intimidating witnesses.
The prosecution's edited document was one of 10 motions released in advance of a hearing in Santa Maria on Tuesday, during which Superior Court Judge Rodney Melville will hear arguments from both sides about the grand jury indictment. The other nine motions dealt mostly with keeping other documents in the case under seal.
Only fragments of the prosecution's response to the defense's request to throw out the indictment were revealed in the document. Judge Melville decides how much of the Jackson case documents are released to the public, and more than 30 pages of the prosecution's 46-page motion were blacked out.
The defense had used the quote about the devil as an example of inadmissible evidence, saying "the prosecutor made no effort to stop or limit the harmful impact of this inadmissible testimony."
But prosecutors said the woman's statements were understandable. She testified that she did not "want the devil's money. . . . The grand jury in this case must be deemed to have understood how a woman who had discovered her children had been abused would be angry at the abuser."
Because the document was edited, it's impossible to describe in full the prosecution's arguments or whether they addressed accusations by defense lawyers that Mr. Sneddon misused his power and "bullied and argued with witnesses" during the secret grand jury hearing.
After hearing 12 days of testimony from 25 witnesses and examining 130 exhibits, grand jurors indicted Mr. Jackson in April on four counts of committing lewd acts, one count of attempting to commit a lewd act, four counts of administering alcohol to commit child molestation, and one count of conspiracy to commit child abduction, extortion and false imprisonment. Mr. Jackson pleaded not guilty to all charges April 30.
The unedited portions of the prosecution's document do not address the molestation or alcohol counts, only the conspiracy charge.
"Every overt act in count one evinces an overall scheme to manipulate and control the (blank) family which enabled defendant to falsely imprison the family, separate the children from their mother and defraud them," the document stated.
Throughout the document, prosecutors refer to Mr. Jackson's associates as "henchmen," "hirelings" and "thugs."
There are also more than a half-dozen references to a BBC video in which Mr. Jackson is seen holding hands with his accuser and states that he shares his bed with children.
In one reference, prosecutors state: "Martin Bashir's documentary 'Living with Michael Jackson' aired in the United Kingdom a few days before it was broadcast nationwide in the United States on Feb. 6, 2003. Even before the program first aired, public relations professionals with knowledge of its content perceived the documentary would be a public relations disaster for Michael Jackson."
Prosecutors allege conspiracy was "committed in furtherance of Michael Jackson's evident and personal concern to minimize the damage he brought upon himself by his ill-considered involvement of (blank) with him in portions of (the video) filmed at Neverland Ranch."
Another issue Judge Melville will hear on Tuesday is whether to grant the defense request to delay the trial for four months because defense lawyers say they have not received all of the prosecution's evidence in the case. Judge Melville had set a tentative trial date of Sept. 13.
In the prosecution's objection to that request, also released Friday, it states that an abundance of material has been turned over, including 3,321 pages of discovery, 107 audio- and videotapes, 52 CD-ROMs and seven transcripts.
The prosecution's response cited the judge's goal to try the case by the end of the year. "As such, any continuance contemplated should be measured in weeks, not months," the document states.
Me veo comiendo las uvas y sin fecha de juicio...:ains: :z:
More than 30 pages in Jackson motion blacked out
7/24/04
By DAWN HOBBS
Countering a move by Michael Jackson's defense attorneys, prosecutors argue that it was entirely appropriate for the mother of the entertainer's alleged victim to refer to him as "the devil" during her grand jury testimony, according to a document released Friday.
"Under the circumstances, 'devil' seems rather tame," the prosecution document stated.
In a heavily censored legal motion, Santa Barbara County prosecutors in the Jackson child molestation case argued there was plenty of evidence to support the 10-count indictment against the pop star.
The motion attempts to deflect the defense's contention that prosecutors misused the grand jury process by presenting inadmissible evidence. The defense team, led by Thomas Mesereau, also accuses Santa Barbara County District Attorney Tom Sneddon of abusing his power as a prosecutor during the grand jury proceedings by intimidating witnesses.
The prosecution's edited document was one of 10 motions released in advance of a hearing in Santa Maria on Tuesday, during which Superior Court Judge Rodney Melville will hear arguments from both sides about the grand jury indictment. The other nine motions dealt mostly with keeping other documents in the case under seal.
Only fragments of the prosecution's response to the defense's request to throw out the indictment were revealed in the document. Judge Melville decides how much of the Jackson case documents are released to the public, and more than 30 pages of the prosecution's 46-page motion were blacked out.
The defense had used the quote about the devil as an example of inadmissible evidence, saying "the prosecutor made no effort to stop or limit the harmful impact of this inadmissible testimony."
But prosecutors said the woman's statements were understandable. She testified that she did not "want the devil's money. . . . The grand jury in this case must be deemed to have understood how a woman who had discovered her children had been abused would be angry at the abuser."
Because the document was edited, it's impossible to describe in full the prosecution's arguments or whether they addressed accusations by defense lawyers that Mr. Sneddon misused his power and "bullied and argued with witnesses" during the secret grand jury hearing.
After hearing 12 days of testimony from 25 witnesses and examining 130 exhibits, grand jurors indicted Mr. Jackson in April on four counts of committing lewd acts, one count of attempting to commit a lewd act, four counts of administering alcohol to commit child molestation, and one count of conspiracy to commit child abduction, extortion and false imprisonment. Mr. Jackson pleaded not guilty to all charges April 30.
The unedited portions of the prosecution's document do not address the molestation or alcohol counts, only the conspiracy charge.
"Every overt act in count one evinces an overall scheme to manipulate and control the (blank) family which enabled defendant to falsely imprison the family, separate the children from their mother and defraud them," the document stated.
Throughout the document, prosecutors refer to Mr. Jackson's associates as "henchmen," "hirelings" and "thugs."
There are also more than a half-dozen references to a BBC video in which Mr. Jackson is seen holding hands with his accuser and states that he shares his bed with children.
In one reference, prosecutors state: "Martin Bashir's documentary 'Living with Michael Jackson' aired in the United Kingdom a few days before it was broadcast nationwide in the United States on Feb. 6, 2003. Even before the program first aired, public relations professionals with knowledge of its content perceived the documentary would be a public relations disaster for Michael Jackson."
Prosecutors allege conspiracy was "committed in furtherance of Michael Jackson's evident and personal concern to minimize the damage he brought upon himself by his ill-considered involvement of (blank) with him in portions of (the video) filmed at Neverland Ranch."
Another issue Judge Melville will hear on Tuesday is whether to grant the defense request to delay the trial for four months because defense lawyers say they have not received all of the prosecution's evidence in the case. Judge Melville had set a tentative trial date of Sept. 13.
In the prosecution's objection to that request, also released Friday, it states that an abundance of material has been turned over, including 3,321 pages of discovery, 107 audio- and videotapes, 52 CD-ROMs and seven transcripts.
The prosecution's response cited the judge's goal to try the case by the end of the year. "As such, any continuance contemplated should be measured in weeks, not months," the document states.
Me veo comiendo las uvas y sin fecha de juicio...:ains: :z:
