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Judge to consider media restrictions
By DAWN HOBBS
NEWS-PRESS STAFF WRITER
The judge and attorneys in the Michael Jackson child molestation
case are hammering out details of a gag order that limit the media's
access to anyone involved in the case and to documents that have
been kept secret since law enforcement's November raid on the Neverland
Valley Ranch.
The issues will be taken up Feb. 13 before Santa Barbara County
Superior Court Judge Rodney S. Melville, with attorneys for several
media outlets arguing against these restrictions.
"The court's orders raise very serious issues for appeal,"
said Ted Boutrous, who represents nine media organizations, including
the Santa Barbara News-Press. "We are waiting for the final
orders before taking further action."
Santa Barbara County District Attorney Tom Sneddon does not oppose
the unsealing of the 80-page search warrant affidavit and a list
of the more than 800 items seized. Mr. Jackson's attorney, Mark
Geragos, opposes making the documents public because he says that
could prejudice a jury against his client. Additionally, Mr. Geragos
contends release of items seized from Mr. Jackson's private investigator's
office would violate attorney-client privilege.
When Judge Melville imposed the gag order after Mr. Jackson's arraignment
Friday, he gave the defense and prosecuting attorneys an opportunity
to file by Tuesday their own versions of a "safe harbor"
provision.
This provision would give attorneys on both sides the opportunity
to respond to rumors and other misinformation that could make it
difficult to impanel an impartial jury and to guarantee a fair trial.
Mr. Geragos proposed that attorneys be allowed to respond to what
"a reasonable attorney would believe is required to protect
a client from the substantial undue prejudicial effect of recent
publicity not initiated by the attorney or the attorney's client."
Mr. Sneddon's proposal was much more restrictive. He wants the
response to be in writing and submitted to each other for approval.
If both sides agree on the wording of the response, Mr. Sneddon
stated it would then be issued in a press release. If not, it would
be taken up before the judge.
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