Jackson Lawyers Argue Validity of Evidence By TIM MOLLOY, Associated Press Writer
1 hour, 19 minutes ago
http://news.yahoo.com/s/ap/michael_jackson
SANTA MARIA, Calif. - Attorneys in the Michael Jackson case argued Thursday over whether some documents used in the prosecution case had been sufficiently authenticated to be admitted into evidence.
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The discussion followed District Attorney Tom Sneddon's announcement Wednesday that the prosecution was resting its case, pending Superior Court Judge Rodney Melville's decisions on admitting various items.
The debate focused on 22 documents or other items, including an address book, legal agreements, e-mails, financial records, and a copy of a $1 million check cashed by a Jackson associate, Marc Schaffel, who is in a group of men named by prosecutors as unindicted co-conspirators in the case.
The judge said Wednesday that the prosecution might be allowed to reopen its case depending on his decisions on whether to formally admit various items into evidence.
Also to be heard Thursday was a defense motion, filed immediately after the prosecution rested, asking that Jackson be acquitted on grounds that prosecutors hadn't proven the child molestation and conspiracy case.
Defense attorneys typically file such motions when the prosecution rests, and they rarely succeed.
The prosecution's case included an often mesmerizing cast of more than 80 witnesses, but also long days of dry testimony about phone records, how a Nov. 18, 2003 search of Jackson's Neverland ranch was conducted, and how fingerprints are taken.
Prosecutors set out to prove that in 2003 Jackson fondled a 13-year-old cancer survivor, plied him with alcohol, and arranged to detain him and his family so they would rebut a damaging documentary about the singer.
"Living With Michael Jackson" pictured the boy side-by-side with Jackson, who said he let children sleep in his bed but dismissed the notion that the practice had any sexual meaning.
Jackson was accused of molesting the boy at least 14 days after the program aired in the U.S., as he and associates allegedly panicked over its implications.
Jackson remained the trial's star. Even his absence, twice caused by ailments, created a scene – and once required him to rush to court in pajamas, under threat of arrest by the judge. After that Jackson was on time and calmly listened to testimony in a rainbow of suits with brocade vests and matching armbands.
Some of the prosecution's own witnesses wound up benefiting the defense, including Jackson's ex-wife Deborah Rowe, who cast him as a victim and praised his parenting skills.
The prosecution closed its case with Rudy Provencio, who testified that he heard a phone discussion in which the singer's associates talked with Jackson about response to a damaging documentary about him.
But the witness, who used to work for a Jackson associate, did not tie Jackson to the heart of the alleged conspiracy, quoting the singer only as saying such things as that he didn't want to hold a press conference.
Provencio then came under withering cross-examination by Jackson attorney Thomas Mesereau Jr. Provencio acknowledged that two weeks ago he was given a copy of an interview he gave to law enforcement long ago, and when asked to check it for accuracy, wrote in changes to implicate Jackson in the alleged conspiracy.
The defense request for acquittal focused mostly on the conspiracy charge, seizing on two recent elements of the prosecution's case: a display of calls from Jackson associates' phones that could not be linked to Jackson directly, and testimony from Rowe that he was the victim of "opportunistic vultures" in his inner circle.
"The prosecution's phone records evidence, if anything, proved the lack of substantial evidence tying Mr. Jackson to the alleged conspiracy," the motion said. "Debbie Rowe's testimony demonstrated that the people around Mr. Jackson were, if anything, conspiring against him."
During his testimony, the accuser told jurors how he met Jackson while being treated for cancer and thought the singer was "the coolest guy in the world." He also said he was shown adult Web sites during his first visit to Neverland.
The boy recalled being whisked about in limousines and a private jet, being hosted by Jackson at a Florida resort and appearing in a rebuttal video with his family. He and his siblings also claimed Jackson gave them wine.
During cross-examination, the accuser became combative and admitted having been a troublemaker at school. He also said he protested leaving Neverland at the end because "I was having fun."
The boy's mother testified about the conspiracy allegations, saying she was coached to do a rebuttal video and was held against her will by Jackson henchmen who spoke of "killers" pursuing her. She also said they once suggested she and her family would disappear in a hot air balloon and planned to send them on a one-way trip to Brazil.
Sneddon won key rulings from the judge, including one that let him all but try a 1993 case that never made it to court because Jackson and the accuser reached a multimillion-dollar financial settlement.
Under a California law specific to molestation cases that permits claims of past activities to show a pattern of behavior, witness after witness told of seeing Jackson touching boys inappropriately more than a decade ago. One man testified that Jackson molested him three times during tickling games between 1987 and 1990.
On cross-examination, however, Mesereau showed that several witnesses had been paid for their stories by tabloids or had lost a lawsuit to Jackson.