News from CNN: Chris Darden talks about problems with the case (Dec 19 2003)

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NEWS FROM CNN

Legal Roundup: High Profile Court Cases

Aired December 19, 2003 - 12:34 ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

...

Let's on to another case, the Michael Jackson case. We saw the formal charges being filed yesterday, nine counts against Michael Jackson. Last night, on "LARRY KING LIVE," his defense attorney, Mark Geragos, spoke out once again rather passionately. Let's listen to this excerpt.

(BEGIN VIDEO CLIP)

MARK GERAGOS, DEFENSE ATTORNEY: Take a look at the criminal complaint. The criminal complaint alleges from February 7, to March 10. Well, guess what happened on February 7? That's the day after the Bashir documentary aired. February 6...

LARRY KING, HOST, "LARRY KING LIVE": The Bashir documentary is the one from Britain. GERAGOS: From the U.K., that airs in America on February 6. February 7, the DA is now alleging that the molestation occurred. It is a joke. It's nothing but -- this case resolves around nothing but a financial motive, a shakedown, if you will. And it is perfect -- as I said earlier today, it is the perfect intersection between a financial motive and greed, and revenge.

(END VIDEO CLIP)

BLITZER: Chris, give our viewers your perspective on what Mark Geragos just said.

DARDEN: Well, you know, I have been thinking about the Michael Jackson case. And it kept me awake last night there. There is a lot about this case that is very, very bothersome.



Apparently the DA in Santa Barbara County expects us to believe that Michael Jackson not only molested this kid prior to the children's services investigation, but while the investigation was going on. And then continued to molest this child even after that investigation.

I mean, there are problems here. And unless the prosecution has substantial corroborating evidence in this case, I have to wonder whether or not they could ever convict Michael Jackson, number one. And number two, whether or not they should have brought this case in the first place.


BLITZER: All right. We're going to pick up that thought in just a moment. Gretchen, stand by. We're going to take a quick break.

More with our legal experts coming up after this break. If you want to weigh in, this is a good time to do so. E-mail me your questions at wolf@cnn.com, or call us right now, 1-800-CNN-1896.

We'll be right back.

(COMMERCIAL BREAK)
BLITZER: Welcome back. We are talking about several high profile legal cases making headlines today. Among my guests, Chris Darden, former LA prosecutor, now a CNN legal analyst, Gretchen von Helms, a defense attorney in San Diego, California.

Gretchen, why don't you pick up on what Chris was saying about the Michael Jackson case, Mark Geragos making that very passionate defense of his client.

VON HELMS: You know, I have to agree with Chris, because I just have to wonder why the prosecutor ever even brought these charges. Unless they have something -- I mean, they have the mother of the victim, who has, you know, asked for money before from this -- well, actually from a sexual harassment. And she has her kids out shoplifting. The father of the kids has willful cruelty to the children alleged in the divorce battle. All kinds of stuff are going on with this kid. Apparently, when he gets less money from Michael Jackson, then the parents turn on Michael Jackson and say all this stuff occurred. LA Child Protective Services goes out, does an investigation, says the charges are absolutely unfounded. The prosecutor in Santa Barbara tries to pooh-pooh that and say, oh, well, that's LA, they're overburdened.

I used to work in California...


BLITZER: But they also said that that review was done before these latest incidents, which they say they can prove, Gretchen. They say the other report in LA was immaterial to this.

VON HELMS: I thought it was overlapping, because the report from LA is February 21 [sic], I think, to the 27, and the allegations are February 7 through March. So it is actually overlapping.

BLITZER: But they are insisting, Chris, aren't they, that these very serious seven counts of child molestation occurred after that LA report was concluded?

DARDEN: Yes. When you look at the timeline, apparently some of these incidents allegedly occurred after the DCS investigation was concluded. Now, I'm going to try to keep an open mind about all of this, and certainly the prosecution isn't required to release all of its evidence at its initial press conference after filing these criminal charges. However, I am expecting substantial corroboration of these allegations, and I think that anyone watching this case would also expect substantial corroborating evidence in this case.


BLITZER: You know, this is the point that I just want to pick up on, Chris. A case like this, these DAs, the prosecution, the law enforcement authorities in Santa Barbara, knowing the kind of defense they would mount, you have to believe they have some corroborating evidence, not just the word, let's say, of this boy and his mother. I mean, just -- it just doesn't make any sense that an established DA, like this Tom Sneddon, would go forward and risk his reputation, his career, just on some flimsy kind of evidence out there.

DARDEN: Well, you know, absolutely. Michael Jackson's legal...

BLITZER: By the way, I'm going to interrupt for a second, Chris. Stand by, because we see these pictures. Kobe Bryant has been leaving this courtroom where he has been watching the hearing proceed -- proceeding going on, on whether or not all sorts of evidence should be admitted involving the alleged victim, the accuser of Kobe Bryant.

I want to interrupt this for a second. Gary Tuchman can update us. He's been watching it for us in Eagle, Colorado...

Source: http://us.cnn.com/TRANSCRIPTS/0312/19/nfcnn.01.html
 
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