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Jackson judge delays decision
on '93 evidence
Current case will be presented first
By DAWN HOBBS
NEWS-PRESS STAFF WRITER
The judge in the Michael Jackson case delayed a key ruling Wednesday on a prosecution request to allow evidence from a prior child molestation investigation to be used in the current case against the entertainer.
Superior Court Judge Rodney Melville said he would wait to decide whether to allow prosecutors to present evidence from the 1993 investigation until they present most of their current case to jurors.
The ruling was at least a temporary boost for Mr. Jackson's defense team, which has been fighting to bar evidence collected during the old investigation. Evidence from the 1993 case could be crucial for the prosecution's attempt to show that Mr. Jackson has exhibited a pattern of illegal behavior.
Mr. Jackson pleaded not guilty in April to child molestation and conspiracy charges. The trial is scheduled to begin Jan. 31 with jury selection.
Judge Melville took pains to explain his decision.
"The reason I feel strongly about this is because of one bad experience I've had as a judge when I allowed evidence of this type to come in and did not require the prosecution to put on the (current) evidence first," Judge Melville said. The current evidence turned out to be "so miniscule" that he declared a mistrial, he said.
In an effort to avoid this pitfall, Judge Melville said, "I need to have a full understanding on what this case is about . . . before I rule on the other one."
The investigation from 1993 involves seven alleged victims, but only one has indicated he will cooperate with the prosecution, and three have said they will testify for the defense, sources close to the case have told the News-Press. The 1993 case crumbled when the accuser at the center of that investigation refused to testify. His parents accepted a multimillion-dollar settlement from the entertainer in a simultaneous civil suit.
If the prior evidence is allowed, the prosecution had planned to call former Neverland Valley Ranch employees to testify, rather than the alleged victims. But the credibility of these witnesses may be challenged by the defense because five of the ex-workers lost a civil suit against Mr. Jackson and were ordered to pay the entertainer more than $1 million.
The next pretrial hearing is scheduled for Jan. 21, when the judge will hear arguments on a prosecution request to allow expert testimony on child abuse trauma and other motions.
The defense had asked the judge to hold Wednesday's hearing behind closed doors to not risk tainting the jury pool with potentially prejudicial information about Mr. Jackson. But he denied the request and said that arguments about the 1993 case would also be held in public.
The judge's statements are significant because they indicate he plans to allow the public to have access to the details of the case, which up until now he has tried to keep secret through a gag order and sealed documents.
"This is a very important ruling because Judge Melville has recognized that the California Supreme Court's most recent decisions require openness in this type of proceeding," media lawyer Theodore Boutrous said after Wednesday's hearing.
Mr. Boutrous represents numerous news organizations that are seeking
more public access to information about the Jackson case.
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