http://www.firstamendmentcenter.org/news.aspx?id=14665

 

Michael Jackson's lawyers seek to close evidence hearings

 

By The Associated Press

01.10.05

SANTA MARIA, Calif. ?? Michael Jackson's lawyers have asked a judge to bar the public from all remaining pretrial hearings on what evidence will be allowed at the singer's child molestation trial.

 

Threatening to add another layer of secrecy in Jackson's case, his attorneys requested on Jan. 7 that all of the hearings be held in the judge's chambers ?? including the prosecution's request to present evidence that he allegedly committed sex crimes over the years that went uncharged.

 

Numerous evidentiary hearings were expected before jury selection, scheduled to begin Jan. 31.

 

Jackson's attorneys contend that hearing such matters in open court could prejudice prospective jurors by allowing the prosecution to introduce ?inflammatory, and unfounded, testimony regarding alleged prior sexual offenses."?

 

?The media coverage of this case is unprecedented and it is certain that anything said in open court will be broadcast to any of the already summoned potential jurors,"? the motion argued.

 

Superior Court Judge Rodney S. Melville could rule on the defense request at a Jan. 12 hearing.

 

Theodore Boutrous, who represents a coalition of media organizations that includes the Associated Press, said he would oppose the motion by Jackson's lawyers.

 

?It's really disturbing that they're seeking to close off all the proceedings this close to trial,"? he said. ?The Jackson forces have sought to litigate this trial in secrecy."?

 

?The standards for closing hearings are extremely high and they clearly haven't met it,"? Boutrous said.

 

Loyola University law professor Laurie Levenson called the motion ?unbelievable."?

 

?In no other case can I imagine this happening,"? she said. ?There is a right of access to the courts even for pretrial hearings. As far as I know there is no celebrity exception to that rule."?

 

Levenson said the defense was probably emboldened to make the unusual motion because Melville has been so stringent in imposing secrecy.

 

?They seem to think they've got a court who will take every step to ensure secrecy,"? she said. ?Secrecy has been the rule, not the exception. It is turning the First Amendment on its head."?

 

The 46-year-old entertainer has pleaded not guilty to charges of molesting a boy, conspiracy and administering an intoxicating agent, alcohol, to his alleged victim at his Neverland ranch in Santa Barbara County.

 

The trial has been kept under a shroud of secrecy by Melville, who has issued a gag order that bars either side from speaking about the case publicly and has sealed virtually all documents, including some 14,000 pages of evidence filed by Santa Barbara County prosecutors.

 

The few that later have been released have been heavily censored. Even the indictment that charged Jackson was released heavily blacked out, removing most details of Jackson's alleged crimes and blotting out the names of his alleged co-conspirators.

 

Boutrous has repeatedly filed motions to unseal documents, and appeals are pending which have not been addressed by a higher court.

 

?The Supreme Court has said over and over again that openness of the criminal justice system is the best way to ensure fairness,"? Boutrous said.

i dont blame michael's lawyers for wanting to keep the hearings away from the public...because a part of that public will be the jury and they dont want to damge michael's chances to a fair trail..

i dont blame michael's lawyers for wanting to keep the hearings away from the public...because a part of that public will be the jury and they dont want to damge michael's chances to a fair trail..

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exactly. its like, the media is complaining about the secrecy of the case...well, even without extreme secrecy, Michael is the underdog. he dont need more exposure to deal with. im so glad that Melville ruled that the right to a fair trial was more important than public access...whew!

exactly. its like, the media is complaining about the secrecy of the case...well, even without extreme secrecy, Michael is the underdog. he dont need more exposure to deal with. im so glad that Melville ruled that the right to a fair trial was more important than public access...whew!

 

maybe if we could see all the info in the case. it'd be even more obvious that he is innocent

IMO, the media shouldn't be allowed any kind of information at all. Because when it comes to Michael Jackson, they twist every story in their own way and portrait it to the public, making him look like the bad guy. Disgusting pack of losers.

IMO, the media shouldn't be allowed any kind of information at all. Because when it comes to Michael Jackson, they twist every story in their own way and portrait it to the public, making him look like the bad guy. Disgusting pack of losers.

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i know... grr....and they have done that for years. even though i don't particularly like Melville, im really glad he has been agreeing to so much secrecy. just wait til the trial is over...then we'll see who be laughin...

Yes, we'll see who has the last laugh.

Yes, we'll see who has the last laugh.

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and a good laugh it will be....