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Sneddon ordered to testify
Defense says district attorney obtained evidence illegally

By DAWN HOBBS
NEWS-PRESS STAFF WRITER

	ASSOCIATED PRESS Santa Barbara County District Attorney Tom Sneddon, followed by Senior Deputy District Attorneys Ron Zonen, left, Gordon Auchincloss and Gerald Franklin, enters the Santa Maria Courthouse on Friday morning.

In an unusual move, Michael Jackson's defense lawyers announced in a Santa Maria courtroom Friday that they had subpoenaed District Attorney Tom Sneddon to testify in his own child molestation case against the entertainer.

The defense lawyers want to put Mr. Sneddon on the stand to determine whether a search of a private investigator's office was legal.

"I'm prepared to testify this morning, and I'm prepared to testify in open court in front of everybody,'' Mr. Sneddon said. "Let's do it and get it over with — I have nothing to hide."

Superior Court Judge Rodney Melville pushed for the district attorney's testimony, but defense lawyers requested a delay because they want more time to review key material turned over to them late Thursday.

Although it is unusual for a defense lawyer to subpoena a district attorney in the case he is prosecuting, legal experts say it is not unheard of in cases where the defense alleges prosecutorial misconduct.

At issue is whether Mr. Sneddon knew that private investigator Bradley Miller was working for Mr. Jackson's lawyer at the time, Mark Geragos, when he obtained an affidavit to raid the investigator's Beverly Hills office in November.

RAFAEL MALDONADO / NEWS-PRESS PHOTO Jackson defense team member Robert Sanger arrives with documents for Friday's hearing.

The defense team, now lead by Thomas Mesereau, contends the evidence seized from Mr. Miller's office should be barred from trial because it was protected by attorney-client privilege and was illegally obtained.

Judge Melville first ordered Mr. Sneddon to testify on July 27, at the next scheduled hearing in the case.

"If the court has to set that date, it will cause significant problems not only with my marriage but with my finances," Mr. Sneddon said. The district attorney complained that he had made nonrefundable vacation plans for that week.

Judge Melville shot back that he, too, had been planning to take vacation then — until the prosecution filed a late response to the defense's motion to throw out the 10-count indictment against Mr. Jackson. The defense motion alleged that Mr. Sneddon bullied grand jury witnesses and abused his power.

Judge Melville later said the defense could videotape Mr. Sneddon's testimony or schedule him to testify at hearing in August.

A district attorney's investigator, three Santa Barbara County sheriff's detectives and an officer from Woodland Hills — all of whom were involved in the Nov. 18 raid on Mr. Miller's office — were also in the courtroom Friday by defense subpoena, waiting to testify. The judge ordered them to return on July 27.

Judge Melville said the defense allegations of prosecutorial misconduct were serious: "I have been very concerned about this factual issue here... and whether the district attorney at the time he prepared the affidavit for a search warrant subsequently signed by Judge Adams knew or reasonably should have known Mr. Geragos had been retained by Mr. Jackson to represent him and — more importantly — whether he knew Mr. Geragos had retained Mr. Miller.

"The question is what was the state of mind of the District Attorney's Office. They did not convey that to the judge. It is an issue I'm sure needs to be factually established. This has been on my mind."

Mr. Jackson is accused of lewd conduct, administering alcohol to commit molestation, conspiracy to commit child abduction, false imprisonment and extortion. He pleaded not guilty to all charges April 30. Trial has tentatively been scheduled to begin Sept. 13.

	RAFAEL MALDONADO / NEWS-PRESS PHOTO Among the Michael Jackson fans outside the Santa Maria Courthouse on Friday were Michel Martin, who brought a sign bearing a message of support for the singer, and Courtney Trisler, showing off a "Catman" doll he says looks like Michael Jackson.

Legal experts were not surprised by the subpoena of Mr. Sneddon.

"It does happen, especially on an issue like this where there is some issue of prosecutorial misconduct," said Gerald Uelman, professor at Santa Clara University of Law and defense lawyer for O.J. Simpson. "I would be surprised if they didn't subpoena him. They have nothing to lose by doing so."

Laurie Levenson, professor at Loyola School of Law, pointed out: "Obviously, you should take care to respect privileged materials.... Most DAs will order a special master or have the court order some special approach to seize the evidence. When you get into this realm, it is a sensitive area of evidence seizure, and the most important thing is to let the court know.

"The most obvious remedy would be to suppress what was seized in the search," Ms. Levenson said. "But they're playing hardball.... Mesereau's team is seizing an opportunity to go on the offense."

Also Friday, in response to Mr. Mesereau's appeal of Judge Melville's refusal to lower his client's bail, the justices of the state's 2nd District Court of Appeal in Ventura sent the matter back to the judge for reconsideration: "The trial court shall have the discretion whether to hold a further evidentiary hearing."

Mr. Mesereau wants the bail lowered from $3 million to $435,000, an amount he says reflects the county's own bail schedule.