Paula Zahn : Ben Brafman (Feb 13 2004)

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PAULA ZAHN NOW

Officer Vouches For President Bush's Military Service; National Day of Purity For Teens

Aired February 13, 2004 - 20:00 ET

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


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(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

BENJAMIN BRAFMAN, ATTORNEY FOR MICHAEL JACKSON: I think we had a good day. We have a good judge, who is fair and very efficient. And we respect the way he runs his courtroom.

(END VIDEO CLIP)

KAGAN: Listening to one of Michael Jackson's attorneys, sounding optimistic, after the case took some small steps forward today.

Our senior legal analyst, Jeffrey Toobin, was in the courtroom in Santa Maria, California. And we have found him there this evening with the details.

Jeffrey, good evening.

JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: Hi, Daryn.

I'm standing about 30 feet away from the infamous spot where Michael Jackson danced on top of the SUV a few weeks ago. But, as you know, Michael was not in court today. It was a much calmer scene out here and inside the courtroom. And it was just a bunch of lawyers talking.

KAGAN: Well, those lawyers did some talking, talking about the timing of when this trial should not only get started, but when it should wrap up.

TOOBIN: That's right.

Very interesting. The judge took a very aggressive stance on that. He said, my view is that this trial needs to start by the end of the year. And by the standards of California justice, that's actually a fairly rapid pace, given the complexity of this case. I think the subtext of what was going on, there was actually something very sad. Everyone knows that the main witness in this case, the accuser, is a young man with cancer, a young boy.

And there's really no guarantee how long he is going to be able to be testify. So I think the defense, who says they want a trial, and the judge feel that it's time to get this -- this is not a case that needs to be delayed. So, they want to have a trial start by the end of the year.

KAGAN: And what about the revelation that the defense has the accuser on tape answering questions?

TOOBIN: Very interesting exchange in court about that today.

A private investigator hired by Mark Geragos, who is, of course, the other lawyer defending Michael Jackson, apparently has a tape of the accuser and perhaps his family, two hours of videotape, being interviewed about the accusations. The prosecution today, as part of the discovery process, said, we want to see that tape. The defense said, no, that's part of our work product. It's like the attorney- client privilege. We don't want to disclose it.

The judge agreed to consider it. But that's really quite an advantage, when you think that the defense in this case has the accuser on tape, presumably saying things favorable to the defense. That's something the defense has in its pocket and presumably will use if this case goes to trial.

KAGAN: Well, and speaking of seeing, no one saw Michael Jackson in court today. When's the next time he might show up at that courthouse?

TOOBIN: Well, I think the answer is not for a long, long time. Defense sources have told me, they want no repeat of this crazy scene with all the fans. He has been excused from court basically indefinitely.

The next time there will be a hearing in this case is April 2. That's the day the judge will set the preliminary hearing. But, as far as I can tell, Michael Jackson will not be in court until the preliminary hearing. And I think both sides, but especially the defense, don't want him here. They want this to be an orderly process. And as when we all -- as we all saw, it's not orderly; it's quite bizarre when Michael Jackson comes to court. KAGAN: Yes, much calmer today.

Jeffrey Toobin, in Santa Maria, California, thank you.

TOOBIN: Have a good weekend, Daryn.


Source: http://www.cnn.com/TRANSCRIPTS/0402/13/pzn.00.html
 
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