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Jackson tapes to be allowed, judge says
By SCOTT HADLY
NEWS-PRESS SENIOR WRITER
Superior Court Judge Rodney S. Melville denied a motion by Michael
Jackson's defense attorneys Thursday, who had claimed that sheriff's
investigators had violated the attorney-client privilege when they
seized interview tapes from a private investigator's office and
storage locker.
Judge Melville said the videotapes and audiotapes seized in November
did not constitute "core work product" of Mr. Jackson's
legal team.
"Nothing in the tapes describes legal theories or reveals
the notes or impressions of any attorney, or the agent of any attorney,"
Judge Melville said in his ruling. "In point of fact, some
of the material is unrelated to the present case, and one tape is
a copy of a publicly aired television broadcast."
Defense attorney Mark Geragos had argued that the Nov. 18 search
of investigator Bradley Miller's office in Beverly Hills in connection
with the child molestation investigation of Mr. Jackson yielded
privileged material.
Mr. Miller was hired by Mr. Jackson a year ago after Los Angeles
authorities launched an investigation into allegations of child
molestation against the entertainer, Mr. Geragos said. As such,
the investigator's work was directly related to Mr. Geragos' efforts
at preparing a potential defense of Mr. Jackson, the attorney said.
In legal filings, Mr. Geragos accused prosecutors of "conducting
a classic fishing expedition."
In a Feb. 6 court filing, Mr. Geragos contended that the tapes
constitute core work product because they contain Mr. Geragos' "impressions,
conclusions, opinions and theories of the case."
Mr. Geragos said in his court filings that the tapes go to the
heart of what may be the defense's strategy in this case.
"Specifically, a key issue to be litigated in this case will
be the veracity and credibility of the alleged minor victim and
his family," Mr. Geragos said in a February motion. "Given
that the minor victim and his family are potential witnesses, the
defense has endeavored to make a record that would either establish
or undermine the veracity and credibility of these individuals."
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