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DA: Jackson case in '93 relevant now
By DAWN HOBBS
NEWS-PRESS STAFF WRITER
In a move designed to bolster their child molestation case against Michael Jackson, prosecutors asked the judge to allow evidence from a prior investigation to show the entertainer allegedly has a "propensity" for committing such crimes, according to a court document released late Tuesday.
Prosecutors stated in a 66-page motion -- most of which was blacked out -- that the material generated from the previous investigation will demonstrate the similarity in the "defendant's motive and intent" and "demonstrate how the defendant created the opportunities to achieve his goal."
The motion -- what little there was to read -- does not detail the prior case. However, a 1993 molestation investigation involving Mr. Jackson has been addressed frequently in court.
Charges were never filed in that case. The investigation crumbled when the young accuser refused to testify after his family received a multimillion-dollar settlement from Mr. Jackson in a simultaneous civil suit. However, the law allows for prior uncharged accusations of sexual abuse to enter into current sex-crime cases to show a pattern of behavior.
Superior Court Judge Rodney Melville is scheduled to hear arguments on the matter Monday in Santa Maria. The judge's decision may be crucial to the case, scheduled to begin trial in January. If he allows the 1993 evidence, the accuser, now in his early 20s, and witnesses, who include Neverland Valley Ranch employees, may take the stand. However, the defense would likely attack the credibility of these witnesses because some sold their stories to tabloids.
Nonetheless, prosecutors stated in their request that evidence from the prior case would lend weight to the testimony of the current young accuser.
The News-Press reported last month that authorities had already contacted several people from the 1993 case about testifying in the current one.
Also in documents released Tuesday, defense lawyers listed numerous reasons for requesting a six-week delay in the start of the trial. They said prosecutors intend to bring in witnesses from a 1995 civil case, filed against Mr. Jackson by former employees who lost the lawsuit. The defense said they needed time to study the voluminous case files.
Mr. Jackson has pleaded not guilty to child molestation and conspiracy charges.
The defense response to the prosecution's request has not yet been made public. A gag order prevents lawyers from commenting on the case.
If the older evidence is admitted, the defense team, led by Thomas Mesereau, would likely argue that it is proof Mr. Jackson is an easy mark for extortion. The defense has repeatedly said the allegations in the current case surfaced from a failed attempt by the accuser's mother to get money from Mr. Jackson. They will point to two decade-old settlements as evidence -- the $20 million settlement from the 1993 case and another for $2 million paid to a maid's son, who alleged Mr. Jackson inappropriately touched his clothing.
In regard to publicity generated about earlier settlements, Mr.
Mesereau released a statement in September that Mr. Jackson was
advised by those "who stood to make fortunes in his business
affairs to pay money, rather than face certain false allegations.
As a result, many years ago, he did pay money, rather than litigate,
two false allegations that he had harmed children. . . . Mr. Jackson
now regrets making these payments . . . and realizes the advice
he received was wrong. He should have fought these charges to the
bitter end and vindicated himself."
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