Jackson may have personal reason to be in court Monday: Sneddon
8/14/04
By DAWN HOBBS
NEWS-PRESS STAFF WRITER
Michael Jackson doesn't have to be in a Santa Maria courtroom on Monday, but he's not passing up an opportunity to watch his defense lawyers grill the man who is trying for a second time to put him behind bars for alleged child molestation.
The entertainer's thinly veiled distaste for Santa Barbara County District Attorney Tom Sneddon became evident on the "HIStory" album 10 years ago when Mr. Jackson wrote a song about a prosecutor called "D.S.," accusing him of being a "cold man" out to get him.
The name "Dom S. Sheldon" was used in the lyrics instead of "Thomas Sneddon," in what was widely interpreted as an attack on Mr. Sneddon, who investigated Mr. Jackson in connection with allegations of sexual molestation in 1993. The case crumbled, however, when the accuser refused to testify after a reported multimillion-dollar settlement.
Mr. Jackson's presence in court Monday is likely motivated by more than just legal interest in the rare questioning of a prosecutor as a witness in his own case, legal observers say.
"He has a very personal interest in this questioning," said Laurie Levenson, professor at Loyola University School of Law. "I think Jackson wants to look Sneddon in the eye. I think he wants to see his lawyer beat up a little bit on the prosecutor who wants to put him away. . . . I don't know if it's to show Sneddon he's not afraid of him or show him 'I'm going to take you on if you destroy my life.' "
A key defense strategy has been to question Mr. Sneddon's conduct, accusing him of having a vendetta against Mr. Jackson stemming from the failure of the 1993 case. As evidence of this strategy, the defense team -- led by Thomas Mesereau -- has accused Mr. Sneddon of prosecutorial misconduct during grand jury proceedings in April, claiming he "bullied," "threatened," and "intimidated" witnesses. Defense lawyers also assert Mr. Sneddon stepped over the line by surveilling and taking photographs of a private investigator's office in preparation for a raid in November.
"I suppose he (Mr. Jackson) wants to see the gentleman on the stand who may have well nursed a vendetta against him since 1993," said Robert Pugsley, professor at Southwestern University School of Law.
A gag order in the case prevents prosecutors and defense lawyers from commenting. But the prosecution team has adamantly maintained in court that it has done nothing wrong since the investigation of this case began. And Mr. Sneddon has previously said that he carries no vendetta against Mr. Jackson.
At issue in Monday's hearing is whether Mr. Sneddon knew, or reasonably should have known, that private investigator Bradley Miller was working for Mr. Jackson's lawyer at the time, Mark Geragos, when he obtained an affidavit to raid the investigator's office Nov. 18, the same day he led a raid at Mr. Jackson's Neverland Valley Ranch. If so, defense lawyers contend attorney-client privilege was violated and the evidence seized from the private investigator's office, including videos, audiotapes and computers, should be thrown out.
Prosecutors insist they did not know about Mr. Miller's working relationship with Mr. Geragos before the raid. At a hearing in July, Mr. Sneddon indicated he "had nothing to hide" and was prepared to testify then.
The last hearing Mr. Jackson attended was April 30, when he pleaded not guilty to molestation and conspiracy charges. Mr. Jackson has waived his right to attend other hearings although his presence will be required at trial.
"By being there (Monday), Michael Jackson is showing he's taking the case seriously," Mr. Pugsley said. "He's also showing up to demonstrate he's not intimidated as a defendant in this case by the tactics Mr. Sneddon's law enforcement agents used in executing the warrant -- like sledgehammering their way into the private investigator's office."
There may be legal justification for why Mr. Jackson will be present Monday, but there's another rationale that may speak to a more subtle aspect of the defense strategy. His presence could give the defense lawyers an opportunity to put the most powerful force in the prosecution of Mr. Jackson off balance.
"Having Jackson there, in a way, also may be that they're trying to provoke Sneddon," Ms. Levenson said. "It may be a little more unnerving for Sneddon to testify with Jackson sitting right there."
And regardless of whether they can shake the veteran prosecutor, the defense lawyers "will have Sneddon on the stand and be accusing him of being unprofessional," she said. "It's probably a moment Jackson doesn't want to miss."
:nav Source: http://news.newspress.com/topsports/081404jackson.htm
8/14/04
By DAWN HOBBS
NEWS-PRESS STAFF WRITER
Michael Jackson doesn't have to be in a Santa Maria courtroom on Monday, but he's not passing up an opportunity to watch his defense lawyers grill the man who is trying for a second time to put him behind bars for alleged child molestation.
The entertainer's thinly veiled distaste for Santa Barbara County District Attorney Tom Sneddon became evident on the "HIStory" album 10 years ago when Mr. Jackson wrote a song about a prosecutor called "D.S.," accusing him of being a "cold man" out to get him.
The name "Dom S. Sheldon" was used in the lyrics instead of "Thomas Sneddon," in what was widely interpreted as an attack on Mr. Sneddon, who investigated Mr. Jackson in connection with allegations of sexual molestation in 1993. The case crumbled, however, when the accuser refused to testify after a reported multimillion-dollar settlement.
Mr. Jackson's presence in court Monday is likely motivated by more than just legal interest in the rare questioning of a prosecutor as a witness in his own case, legal observers say.
"He has a very personal interest in this questioning," said Laurie Levenson, professor at Loyola University School of Law. "I think Jackson wants to look Sneddon in the eye. I think he wants to see his lawyer beat up a little bit on the prosecutor who wants to put him away. . . . I don't know if it's to show Sneddon he's not afraid of him or show him 'I'm going to take you on if you destroy my life.' "
A key defense strategy has been to question Mr. Sneddon's conduct, accusing him of having a vendetta against Mr. Jackson stemming from the failure of the 1993 case. As evidence of this strategy, the defense team -- led by Thomas Mesereau -- has accused Mr. Sneddon of prosecutorial misconduct during grand jury proceedings in April, claiming he "bullied," "threatened," and "intimidated" witnesses. Defense lawyers also assert Mr. Sneddon stepped over the line by surveilling and taking photographs of a private investigator's office in preparation for a raid in November.
"I suppose he (Mr. Jackson) wants to see the gentleman on the stand who may have well nursed a vendetta against him since 1993," said Robert Pugsley, professor at Southwestern University School of Law.
A gag order in the case prevents prosecutors and defense lawyers from commenting. But the prosecution team has adamantly maintained in court that it has done nothing wrong since the investigation of this case began. And Mr. Sneddon has previously said that he carries no vendetta against Mr. Jackson.
At issue in Monday's hearing is whether Mr. Sneddon knew, or reasonably should have known, that private investigator Bradley Miller was working for Mr. Jackson's lawyer at the time, Mark Geragos, when he obtained an affidavit to raid the investigator's office Nov. 18, the same day he led a raid at Mr. Jackson's Neverland Valley Ranch. If so, defense lawyers contend attorney-client privilege was violated and the evidence seized from the private investigator's office, including videos, audiotapes and computers, should be thrown out.
Prosecutors insist they did not know about Mr. Miller's working relationship with Mr. Geragos before the raid. At a hearing in July, Mr. Sneddon indicated he "had nothing to hide" and was prepared to testify then.
The last hearing Mr. Jackson attended was April 30, when he pleaded not guilty to molestation and conspiracy charges. Mr. Jackson has waived his right to attend other hearings although his presence will be required at trial.
"By being there (Monday), Michael Jackson is showing he's taking the case seriously," Mr. Pugsley said. "He's also showing up to demonstrate he's not intimidated as a defendant in this case by the tactics Mr. Sneddon's law enforcement agents used in executing the warrant -- like sledgehammering their way into the private investigator's office."
There may be legal justification for why Mr. Jackson will be present Monday, but there's another rationale that may speak to a more subtle aspect of the defense strategy. His presence could give the defense lawyers an opportunity to put the most powerful force in the prosecution of Mr. Jackson off balance.
"Having Jackson there, in a way, also may be that they're trying to provoke Sneddon," Ms. Levenson said. "It may be a little more unnerving for Sneddon to testify with Jackson sitting right there."
And regardless of whether they can shake the veteran prosecutor, the defense lawyers "will have Sneddon on the stand and be accusing him of being unprofessional," she said. "It's probably a moment Jackson doesn't want to miss."
:nav Source: http://news.newspress.com/topsports/081404jackson.htm
Monday will be very interesting... can't wait..! Hell no Michael will let anyone get him down