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Media attorney: Requirements not met for sealing
transcripts
By DAWN HOBBS
NEWS-PRESS STAFF WRITER
Prosecutors and defense lawyers in the case against Michael Jackson
failed to meet legal requirements to seal transcripts of secret
grand jury proceedings that led to an indictment against the entertainer,
according to documents filed by media attorneys on Wednesday.
Theodore Boutrous, who represents several media outlets, asserts
the attorneys have "flouted and completely ignored those standards,"
which require they prove the material would pollute the jury pool
and that there are no less restrictive means available, before the
documents are sealed.
"Instead, Mr. Jackson's (lawyers) and the District Attorney
resort to media bashing," stated Mr. Boutrous, who wants them
unsealed. "They act as though press coverage of the official
proceedings... is itself an evil that must be prevented rather than
constitutionally protected.... Remarkably, Mr. Jackson's (lawyers)
and the District Attorney do not cite a single case or statute."
The documents give a preview to the fireworks that may erupt on
several issues at a hearing scheduled for Friday in Santa Maria.
In addition to hearing arguments from all sides on whether the
grand jury transcripts should remain sealed, Superior Court Judge
Rodney Melville will also consider defense requests to order District
Attorney Tom Sneddon to turn over potential evidence he's collected
and to lower Mr. Jackson's bail.
Mr. Jackson pleaded not guilty April 30 to the charges from the
indictment — four counts of lewd acts, four counts of administering
alcohol to commit molestation, one count of attempting a lewd act
and one count of conspiracy.
Prosecutors agree with the defense that the transcripts should
remain sealed, stating that potential jurors should learn about
the case in the courtroom, not through the media.
Mr. Boutrous will argue Friday that keeping the documents secret
undermines the public's trust in its legal system.
"The press acts as a surrogate for the public in covering
criminal proceedings.... In short, Mr. Jackson's (lawyers) and the
District Attorney have fundamentally misunderstood the traditional
role of the press," he stated, "and subverted the First
Amendment and California law."
As for the lower bail, defense lawyers argue that the bail schedule
provides that for the crimes with which Mr. Jackson has been charged,
bail should be $135,000 — not the $3 million that has been
set. Prosecutors insist he's a flight risk because he is an international
celebrity.
Prosecutors stated: He's "a man whose lifestyle to date would
not have prepared him to adapt readily to a prison environment and
routine, and whose physical stature will present its own problems
for him in making the necessary adjustments."
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