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Judge seals report on deputies' alleged mistreatment
of singer
By DAWN HOBBS
NEWS-PRESS STAFF WRITER
Attorney General Bill Lockyer has wrapped up his investigation
into Michael Jackson's claim that he was manhandled by sheriff's
deputies at the Santa Barbara County Jail — but the judge
in the criminal case against the entertainer is not allowing the
results to be released.
Superior Court Judge Rodney Melville ordered the attorney general's
report sealed Friday. His ruling came in response to a motion filed
the day before by County Counsel Shane Stark on behalf of sheriff's
authorities requesting authorization to release the report, according
to documents released late Friday.
Judge Melville has routinely sealed documents in the Jackson case,
claiming that is necessary to guarantee a fair trial.
Sheriff's authorities and Nathan Barankin, spokesman for Mr. Lockyer,
declined to comment Friday, citing the judge's gag order in the
case.
The attorney general's investigation was launched in January at
the request of county Sheriff Jim Anderson after Mr. Jackson made
the brutality accusations on the CBS television show "60 Minutes."
Mr. Jackson alleged that deputies mistreated him when he surrendered
to authorities Nov. 20, 2003, on suspicion of child molestation.
Other Jackson case documents released Friday included more than
20 motions regarding media access, sealing of documents and suppression
of evidence in preparation for next week's hearing in Santa Maria.
The highlights included:
• Media attorney Theodore Boutrous requested that Judge Melville
allow a film and still camera in the courtroom Monday to record
lead defense lawyer Thomas Mesereau's questioning on the stand of
Santa Barbara County District Attorney Tom Sneddon about an alleged
illegal raid. Given the seriousness of the accusations of prosecutorial
misconduct against an elected official, Mr. Boutrous argued it was
vital that the public be able to witness the proceeding.
Defense lawyers said they were not opposed to the request.
• Defense co-counsel Robert Sanger requested that the judge
throw out evidence seized by law enforcement during three raids
on Nov. 18, 2003. Mr. Sanger alleged that the affidavits and warrants
for the raids were not properly prepared and that the searches were
ill-defined fishing expeditions.
Senior Deputy District Attorney Gerald Franklin responded that
the affidavits and warrants were not overbroad and that the searches
followed all the rules.
No response from Judge Melville was posted on the Superior Court
Web site by Friday night.
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