Judge Allows Testimony By Michael Jackson's Ex-Wife
Overruling defense objections, the judge in Michael Jackson's child molestation trial said Monday he will allow Jackson's ex-wife Debbie Rowe to testify as a prosecution witness.
Prosecutors want Rowe, the mother of two of his three children, to tell jurors that she was compelled to appear on a videotape praising Jackson as a good father and a humanitarian.
Prosecutors say Rowe did the interview under duress, having been told by Jackson associates that if she did not do it she would risk losing her visitation rights with her children, Paris and Prince Michael.
The defense objected on grounds that the testimony was part of a prosecution "desperation" tactic at the end of its case and had no relevance to the charges against Jackson.
In addition, the defense said that if Rowe testified they would seek to present the entire three hours of her video interview with Jackson associates as well as a tape recording she made secretly.
"She didn't say anything bad about Michael Jackson," said defense attorney Robert Sanger.
Sanger denied there were any threats to her during what he called "a tremendous amount of taped material."
"I just plain don't see the relevance to these proceedings," he said, noting that she had quarrels with Jackson aide Marc Schaffel, not with Jackson, and that her testimony would be a way to push her own agenda regarding Schaffel.
Prosecutor Ron Zonen said Rowe would tell jurors that she engaged in a "highly scripted interview and that the incentive was to suggest she would have visitation with her children if she did this."
Zonen said this would corroborate the testimony of the mother of the Jackson's young accuser who testified she also was pressured to appear in a video and speak from a script.
Sanger said there was no script, just questions that were written out.
Superior Court Judge Rodney S. Melville said, "I will admit the testimony and will look to ways to restrict that testimony."
The defense noted that Rowe had given up her parental rights to the children. Zonen said those rights had been recently restored and that she has a case under way in family court regarding visitation.
Rowe was a nurse for one of Jackson's plastic surgeons when they married in November 1996. Their son was born in February 1997, followed by their daughter in April 1998. The couple filed for divorce in October 1999. Jackson has a third child, Prince Michael II, whose mother has remained anonymous.
Jackson, 46, is accused of molesting a 13-year-old boy in February or March 2003, giving the boy alcohol and conspiring to hold the boy's family captive to get them to rebut a TV documentary in which Jackson appeared with the boy and said he allowed children to sleep in his bed. Jackson called the sleeping arrangement non-sexual.
In other developments, District Attorney Tom Sneddon unexpectedly announced without explanation that planned witness Christopher Carter, a former Jackson security guard, will not be testifying.
Carter was recently arrested in Las Vegas and is facing bank robbery, kidnapping and other charges and had indicated he would invoke the Fifth Amendment protection against self-incrimination if asked about his criminal case.
He was the only witness that had been expected to corroborate claims by the accuser and his family that Jackson gave alcohol to children and specifically to the accuser. Carter had been expected to say he saw Jackson and the boy share a Coke can filled with wine and that at another time the boy told him that Jackson said it was OK to drink.
In another key ruling, the judge decided to grant "use immunity" to a travel agent who also is invoking Fifth Amendment protection and is under investigation by federal authorities looking into the alleged secret videotaping of private conversations between Jackson and his attorney on a charter jet flight.
The form of immunity granted to Cynthia Montgomery means her testimony in the Jackson case cannot be used against her in any other proceeding. She had told the court last week she would refuse to testify about anything involving the charter jet flight.
Montgomery is expected to testify about a plan by Jackson associates to send the accuser's family to Brazil.
Melville also ruled that prosecutors may not call a man who was to testify that his young son once disappeared at Neverland for 90 minutes until he was found in Jackson's bedroom.
The jury, which was out of the courtroom most of the morning, returned to hear testimony by former Jackson employee Kassim Abdool, who was called to corroborate part of an account by Ralph Chacon, another ex-employee who says he saw Jackson commit a sex act on a child in 1992 or 1993.
Abdool said he saw Jackson and the boy, who later received a multimillion-dollar settlement from the singer, leaving a Jacuzzi area where their swim suits were lying next to each other on the floor.
He said that Jackson, wearing a towel, gave a piggyback ride to the boy, who wore a bathrobe.
Abdool also claimed to have been subjected to threats, describing repeated phone calls to his home and saying a Jackson employee once told him he knew a hit man. He choked up at one point as he testified that he once asked to put into a witness protection program.
Abdool and Chacon were among former employees who lost a wrongful termination suit against Jackson in 1997 and were ordered to pay damages to the entertainer.
Under defense questioning, Abdool said he participated in an interview for a tabloid for which they received $15,000 and that he spent the money to fund the lawsuit.
The prosecution spent the balance of the day calling witnesses to authenticate documents, among them a file seized labeled "Fires brewing" that was seized from Schaffel, who is among Jackson associates named by prosecutors as unindicted co-conspirators.
Sheriff's Detective Victor Alvarez said the file contained e-mails. No details were given, but in pretrial motions about the documents the prosecution suggested that the files could substantiate their allegations that Jackson was worried about fallout from the TV documentary and that "fires" referred to the aftermath of that broadcast.
While Alvarez was on the stand, prosecutor Gordon Auchincloss sought to use him to impeach last month's testimony by charter jet flight attendant Cynthia Bell, who surprised him when she said that it was her idea to serve Jackson wine in Coke cans because he was a "very private drinker."
Alvarez testified that when he interviewed Bell she said the idea came from either Jackson or his doctor. But the detective did not have his notes on the interview, and the issue was left hanging when court recessed for the day.
Source:
http://www.nbc4.tv/news/4412573/detail.htm...0104252005&ts=H