Geragos to take stand again in Jackson trial
By Sally Connell and Michael Muskal
Special to The Times
May 20, 2005, 12:04 PM EDT
SANTA MARIA, Calif. -- Mark Geragos, former attorney for Michael Jackson, is scheduled to return to the stand this morning, but Superior Court Judge Rodney S. Melville must first determine the rules for the lawyer's testimony.
Cross-examination had begun last week when Geragos refused to answer a question because it went beyond the waiver of attorney-client privilege. Jackson's lead defense attorney Thomas A. Mesereau Jr. had earlier assured Melville, prosecutors and the jury that the defendant had waived all privilege.
"I can represent to the court that there is a waiver of attorney-client privilege so Mr. Geragos can testify," Mesereau said.
Geragos asked to see a written copy of the waiver and that was given to him during a break after he began his testimony.
After the break, Geragos limited his answers, saying that the waiver was limited to the time before Jackson was arrested in late November 2003. Melville was visibly furious with Mesereau and demanded that all parties file memorandums.
It is a side issue in Jackson's child molestation trial, but one watched closely by legal experts who consider the right of private communications between clients and their attorneys to be sacrosanct.
The prosecution has argued that Jackson either completely waives the privilege or all of Geragos testimony should be stricken from the record.
In his papers, Senior Deputy Dist. Atty. Ron Zonen asked the court to demand a full representation from Mesereau and defense attorney Susan Yu about when the waiver was created, since it bears the same date when Geragos testified.
"Even if the written waiver was prepared in advance of need and was deliberately kept a secret until cross-examination cut too close to the knuckle and made its tardy production seem prudent, simply as a matter of tactics, it came too late," Zonen stated.
Geragos argued in his memo that it would be too prejudicial to the defendant to allow a full waiver. He cited case law that granting such a huge waiver would be too much of a "munificent windfall" for the prosecution.
The defense said in its papers that Jackson insisted that the waiver was limited from the beginning.
"The impact of Mr. Mesereau's failure to delineate the waiver is regrettable, however, he apologized," defense attorney Robert Sanger wrote. He stressed that Jackson "reasonably would have understood" that he waived privilege for the period of the alleged events he is charged with for early 2003, and that the waiver wasn't extended indefinitely.
Geragos represented Jackson from February 2003 to April 2004. Jackson was arrested on child molestation charges Nov. 20, 2003, and the waiver does not allow Geragos to testify about anything after that arrest.
The defense also shifts the question away from the attorney-client waiver by alleging that Zonen tried to expand questions in his cross-examination which were not dealt with in the direct questioning of Geragos. It is a charge that the defense has made before in motions, particularly regarding Zonen.
Jackson, 46, is charged with child molestation, attempted molestation, giving alcohol to a minor and conspiracy to kidnap, extort and falsely imprison the family of the accuser, who was 13 in early 2003.
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