AMERICAN MORNING
Sheriffs Take DNA Sample from Michael Jackson; New Weight-Loss Drug?; Bush Holds Press Briefing with Iraqi President
Aired December 6, 2004 - 09:30 ET
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S. O'BRIEN: Michael Jackson's trial on child molestation charges begins at the end of January and prosecutors apparently still building their case against him. After a surprise raid on Friday at Jackson's Neverland ranch, investigators returned on Saturday to get a DNA sample from the pop star. Senior legal analyst Jeff Toobin weighs in on the case. Good morning.
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Howdy.
S. O'BRIEN: What do you make of the timing? And maybe we should just start with the overall swabbing of his mouth in the first place. Weird? TOOBIN: Well, it's very unusual to be gathering evidence this close to a trial, this long after someone's been arrested. Usually when you have a year between the indictment and a trial, the prosecutors have all their evidence, you know, six weeks before trial, which is where we are now. So the fact that they are still gathering evidence is just very odd.
S. O'BRIEN: Besides being very odd, does it mean this is a weak case and they're running up to the finish line trying to piece it together as they go?
TOOBIN: Well, that's what the defense is suggesting and the judge, in court last week, seemed to say words to that effect. Like, what's up with you guys, why aren't you done? This case should be ready for trial now. Now it is possible that they may be thinking about adding new charges, even new victims. That would justify an additional search, because all the documents are under seal and the participants are under a gag order, we can't know for sure. But the indications seem to be, particularly from the judge, that maybe it's a weak case.
S. O'BRIEN: Yes, the judge saying enough already with the gathering of evidence, prosecutors, especially, let's get our act together here. Is that unusual to have that kind of guidance, if you will, from a judge? What could the impact be?
TOOBIN: Not really. As a former prosecutor, I know that judges frequently get irritated with prosecutors and those kind of statements are far from uncommon. But they tend to mean something. If the judge is saying, you don't look ready, it's often because you're not ready. And if he's saying it to the prosecution here, that may be a sign that there is some trouble in the prosecution case.
S. O'BRIEN: The two days back-to-back, is that an indication that the -- I mean, why not just swab him when you're doing the Saturday raid anyway, why go back a second time?
TOOBIN: I don't know. I mean, think about how many times Neverland has been searched already. Just as a matter of common sense, you know, why would a criminal, an accused criminal keep incriminating stuff around for months and months after a search has already taken place? Some magistrate found probable cause, so there must have been some evidence to justify the search, but it is certainly unusual to search at this stage.
S. O'BRIEN: And, you know, unusual kind of defines how this has gone and probably will go.
TOOBIN: Everything about M.J., including his prosecution.
S. O'BRIEN: Including the prosecution. Poor guy, now he's getting flak for the prosecution team, right?
TOOBIN: That's right. Get it together, Mike.
S. O'BRIEN: Get those prosecutors in line. Thanks, Jeff, appreciate it -- Miles.
Source: http://transcripts.cnn.com/TRANSCRIPTS/041.../06/ltm.06.html
Sheriffs Take DNA Sample from Michael Jackson; New Weight-Loss Drug?; Bush Holds Press Briefing with Iraqi President
Aired December 6, 2004 - 09:30 ET
...
S. O'BRIEN: Michael Jackson's trial on child molestation charges begins at the end of January and prosecutors apparently still building their case against him. After a surprise raid on Friday at Jackson's Neverland ranch, investigators returned on Saturday to get a DNA sample from the pop star. Senior legal analyst Jeff Toobin weighs in on the case. Good morning.
JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Howdy.
S. O'BRIEN: What do you make of the timing? And maybe we should just start with the overall swabbing of his mouth in the first place. Weird? TOOBIN: Well, it's very unusual to be gathering evidence this close to a trial, this long after someone's been arrested. Usually when you have a year between the indictment and a trial, the prosecutors have all their evidence, you know, six weeks before trial, which is where we are now. So the fact that they are still gathering evidence is just very odd.
S. O'BRIEN: Besides being very odd, does it mean this is a weak case and they're running up to the finish line trying to piece it together as they go?
TOOBIN: Well, that's what the defense is suggesting and the judge, in court last week, seemed to say words to that effect. Like, what's up with you guys, why aren't you done? This case should be ready for trial now. Now it is possible that they may be thinking about adding new charges, even new victims. That would justify an additional search, because all the documents are under seal and the participants are under a gag order, we can't know for sure. But the indications seem to be, particularly from the judge, that maybe it's a weak case.
S. O'BRIEN: Yes, the judge saying enough already with the gathering of evidence, prosecutors, especially, let's get our act together here. Is that unusual to have that kind of guidance, if you will, from a judge? What could the impact be?
TOOBIN: Not really. As a former prosecutor, I know that judges frequently get irritated with prosecutors and those kind of statements are far from uncommon. But they tend to mean something. If the judge is saying, you don't look ready, it's often because you're not ready. And if he's saying it to the prosecution here, that may be a sign that there is some trouble in the prosecution case.
S. O'BRIEN: The two days back-to-back, is that an indication that the -- I mean, why not just swab him when you're doing the Saturday raid anyway, why go back a second time?
TOOBIN: I don't know. I mean, think about how many times Neverland has been searched already. Just as a matter of common sense, you know, why would a criminal, an accused criminal keep incriminating stuff around for months and months after a search has already taken place? Some magistrate found probable cause, so there must have been some evidence to justify the search, but it is certainly unusual to search at this stage.
S. O'BRIEN: And, you know, unusual kind of defines how this has gone and probably will go.
TOOBIN: Everything about M.J., including his prosecution.
S. O'BRIEN: Including the prosecution. Poor guy, now he's getting flak for the prosecution team, right?
TOOBIN: That's right. Get it together, Mike.
S. O'BRIEN: Get those prosecutors in line. Thanks, Jeff, appreciate it -- Miles.
Source: http://transcripts.cnn.com/TRANSCRIPTS/041.../06/ltm.06.html