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Michael Jackson's accuser must testify publicly, judge decides
Prosecution allowed to show British documentary

By DAWN HOBBS
NEWS-PRESS STAFF WRITER

The boy who has accused Michael Jackson of molestation and his brother, who allegedly witnessed at least two of the incidents, must testify in open court, a judge ruled Friday.

Despite prosecution arguments that public testimony would irreparably harm the children, Superior Court Judge Rodney Melville ruled for the defense, who insisted that Mr. Jackson has a right to face his accuser in an open hearing.

At a pretrial hearing in Santa Maria, Judge Melville also said he would not allow a sketch artist in the courtroom while the boys testify and that he would reconsider his ruling if there is any disruption during the testimony.

The judge's decision was significant because it allows the public to see and hear one of the most crucial parts of the trial. The judge also ruled on a grab bag of other motions that will set the ground rules for the trial and for what evidence will be allowed.

He said the prosecution would be allowed to show a British television documentary about Mr. Jackson to the jurors and ruled that the filmmaker could be called as a prosecution witness.

Jury selection is scheduled to begin Monday and is expected to last up to a month.

Mr. Jackson, who has pleaded not guilty to child molestation and conspiracy charges and is free on bail, must attend the trial from this point on. However, his relatives, who have attended pretrial hearings, will not be allowed in the courtroom during the first part of jury selection because the seats are needed for potential jurors.

In the TV documentary, Mr. Jackson is seen holding hands with the boy who would later become his accuser. The entertainer also tells interviewer Martin Bashir on camera that he shares his bed with children.

Santa Barbara County District Attorney Tom Sneddon argued the documentary was catastrophic to Mr. Jackson's career, finances and future and is what catapulted the entertainer and his business associates to "isolate, control and extort" another video from the boy's family in which positive things are said about the pop star.

Lead defense lawyer Thomas Mesereau shot back that the documentary was "an outrageous an inflammatory piece of material" which was "highly edited, highly dramatized . . . and sensational" and designed to lure television audiences.

Mr. Mesereau argued that the defense should be allowed to show footage that was taken by Mr. Jackson's videographer, Hamid Moslehi, so jurors can see that the Bashir video did not include Mr. Jackson's complete answers and that his statements were taken out of context. He also suggested that the jurors be shown Mr. Jackson's rebuttal video that aired two weeks later.

Judge Melville said he would view the Moslehi footage and the rebuttal video and make a decision later.

The judge also ruled that the prosecution may call Mr. Bashir to testify.

In heated exchanges that showed the high stakes, attorneys even fought about the use of specific words during the trial.

Prosecutors requested that defense lawyers not refer to them as the "government," because the word could have negative connotations in the North County, where county government is out of favor with some residents.

Defense lawyers requested that prosecutors not call themselves "the people," because jurors could interpret that to mean that they, too, are part of "the people."

The defense also requested that the prosecution not call the accuser or his brother "victims," and that material seized from Mr. Jackson's Neverland Valley Ranch be referred to as "adult" rather than "pornographic."

Prosecutors are entitled to refer to themselves as "the people," Judge Melville said, "but they are certainly not entitled to refer to the jury as if they are 'the people,' too. . . . That doesn't prevent the defense from referring to you as 'the government,' 'the prosecution,' or 'the people.' "

As for the accuser and his brother, the judge said prosecutors may not call them "victims" until closing arguments. The books, magazines and videos seized from Neverland will be called "adult material" during the trial, he ruled.

The judge also denied the prosecution's blanket request that the defense not attack the credibility of their witnesses, particularly the accuser's mother. He said he would hear evidence and objections when the issues arise.

Judge Melville also made a plea for civility during the trial. "During the last week or two this case has heated up a little. . . . I can feel it among my staff and at the courthouse. . . . I want to take a moment to remind both sides the world is watching justice in the United States. Not Santa Maria. Not Santa Barbara County. The world is watching.

"And I expect you will carry the burden on both sides to show the world what a fine justice system we have. . . . I will not put up with personal attacks. I've said we have the best of the best here."