Jackson cries foul
By Quintin Cushner/Staff Writer
Michael Jackson's defense attorneys have filed a motion to suppress evidence in the case, claiming that Santa Barbara County Sheriff's Department officials conducted overly broad, "stale" searches based on information from an unqualified detective.
Defense Attorney Robert Sanger argues that the Nov. 18 search of Jackson's Neverland Ranch, eight months after Jackson allegedly molested an unnamed boy there, was improperly justified by statements made on a search warrant affidavit by Det. Paul Zelis.
Zelis stated on the search warrant affidavit that he believed Jackson was a pedophile, and that such people "rarely, if ever, dispose of their sexually explicit material," thus justifying the belated search, according to Sanger.
Sanger also claims that sheriff's officials forced their way into buildings and areas at Neverland beyond "the arcade building, the main residence, and the security headquarters" listed on the warrant.
He also opposed the search of some bank and phone records related to the singer.
Senior Deputy District Attorney Gerald Franklin, who wrote the prosecution's reply, argued that Zelis was relaying information he gathered from sources, and was not acting as an expert.
Franklin also wrote that there was nothing general or overly broad about the search. Any items seized that weren't listed on the search warrant, he said, were legally taken because of an "immediately apparent" relationship to the case.
Starting Monday, Superior Court Judge Rodney Melville is expected to hear arguments from both sides in the Jackson case regarding the admissibility of evidence seized.
Jackson, 45, has pleaded not guilty to engaging in lewd acts with an unnamed boy under the age of 14 on four occasions between Feb. 20 and March 12, 2003, and four counts of "administering an intoxicating agent" - reportedly wine - to help him with the alleged molestations.
He also has pleaded not guilty to a conspiracy charge involving child abduction, false imprisonment and extortion and a count of attempted child molestation.
* Staff writer Quintin Cushner can be reached at 739-2217
:nav Source: http://www.santamariatimes.com/articles/20...ocal/news02.txt
By Quintin Cushner/Staff Writer
Michael Jackson's defense attorneys have filed a motion to suppress evidence in the case, claiming that Santa Barbara County Sheriff's Department officials conducted overly broad, "stale" searches based on information from an unqualified detective.
Defense Attorney Robert Sanger argues that the Nov. 18 search of Jackson's Neverland Ranch, eight months after Jackson allegedly molested an unnamed boy there, was improperly justified by statements made on a search warrant affidavit by Det. Paul Zelis.
Zelis stated on the search warrant affidavit that he believed Jackson was a pedophile, and that such people "rarely, if ever, dispose of their sexually explicit material," thus justifying the belated search, according to Sanger.
Sanger also claims that sheriff's officials forced their way into buildings and areas at Neverland beyond "the arcade building, the main residence, and the security headquarters" listed on the warrant.
He also opposed the search of some bank and phone records related to the singer.
Senior Deputy District Attorney Gerald Franklin, who wrote the prosecution's reply, argued that Zelis was relaying information he gathered from sources, and was not acting as an expert.
Franklin also wrote that there was nothing general or overly broad about the search. Any items seized that weren't listed on the search warrant, he said, were legally taken because of an "immediately apparent" relationship to the case.
Starting Monday, Superior Court Judge Rodney Melville is expected to hear arguments from both sides in the Jackson case regarding the admissibility of evidence seized.
Jackson, 45, has pleaded not guilty to engaging in lewd acts with an unnamed boy under the age of 14 on four occasions between Feb. 20 and March 12, 2003, and four counts of "administering an intoxicating agent" - reportedly wine - to help him with the alleged molestations.
He also has pleaded not guilty to a conspiracy charge involving child abduction, false imprisonment and extortion and a count of attempted child molestation.
* Staff writer Quintin Cushner can be reached at 739-2217
:nav Source: http://www.santamariatimes.com/articles/20...ocal/news02.txt