Official August 23 Hearing

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whisper
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Official August 23 Hearing

Post by whisper » Mon Aug 23, 2004 10:22 pm

OK, now check out this report:

[Jackson] in early win on evidence
From correspondents in Santa Maria, California
24aug04

THE judge in pop icon Michael Jackson's child abuse case tentatively ruled today that scores of items of evidence seized at his Neverland Ranch could not be used against him in evidence.

Judge Rodney Melville made the preliminary ruling on the fifth and final day of a hearing in Santa Maria, California.

The "King of Pop's" lawyers had argued for key pieces of evidence to be discounted ahead of his trial in a bid to weaken the prosecution case.

The judge's decision came after prosecutors called two final witnesses in an attempt to rebut claims by defence lawyers and members of Jackson's staff that investigators overstepped the authority of their search warrant when they swooped on his ranch last November.

The judge said that of 120 items of evidence Jackson's defence team wanted thrown out, he was inclined to disallow more than 70 of them from trial.

He said that unless prosecutors and defence lawyers convinced him otherwise in written arguments, he would allow the trial jury to see only 34 pieces of the contested evidence.


"I am making this tentative ruling for the purpose of arguments and objections," the judge told the court at the end of the marathon pre-trial hearing. "It is my intent to suppress the remaining material."

He added that he wanted to see written arguments on whether eight other items seized in the Neverland swoop had been taken legally in order for him to decide whether to admit them into evidence.

Lawyers for both sides have until September 3 to submit their arguments ahead of the next hearing in the case, scheduled for September 16. Jackson's much-anticipated trial is scheduled for January 30.

Jackson's team contend that police and prosecution investigators seized evidence in areas of Neverland that they were not entitled to under the terms of the search warrant executed the day before Jackson's November 19 arrest on child molestation charges.

But journalists and legal observers present in court in Santa Maria, near Neverland, were left guessing as to the significance of the evidence tentatively thrown out by the judge today.

Much of the meat of the case has been obscured from public view by a strict veil of secrecy that had kept documents, including details of the charges against Jackson, under court seal.

Jackson, 45, has pleaded innocent to a 10-count indictment that includes charges of child molestation, giving alcohol to a minor, as well as conspiracies to kidnap, illegally imprison and extort his alleged victim, who was 12 at the time.

:nav Source: http://www.heraldsun.news.com.au/common ... 02,00.html

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Official August 23 Hearing

Post by ~Vicky~ » Mon Aug 23, 2004 10:27 pm

The judge said that of 120 items of evidence Jackson's defence team wanted thrown out, he was inclined to disallow more than 70 of them from trial.

He said that unless prosecutors and defence lawyers convinced him otherwise in written arguments, he would allow the trial jury to see only 34 pieces of the contested evidence.

"I am making this tentative ruling for the purpose of arguments and objections," the judge told the court at the end of the marathon pre-trial hearing. "It is my intent to suppress the remaining material."
You better have..
But doesn't that conflict with the earlier report? :2thinking

Thanks for posting Whisper. :)

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Official August 23 Hearing

Post by dangerous » Mon Aug 23, 2004 10:37 pm

goodness, all the reports are conflicting..

So Im goin with:
- Melville gave the defense a headsup and dissallowed about 70 peices of evidence.
- He has yet to decide on anything regarding the PI office.
- Melville ruled that Sneddon was in no violation while speaking in Canada. (But Michael gets scolded for saying he is innocent of a crime 10 years ago?!??!? :cryptic )

Overall, good day for the defense!

thanks for all the commentary guys :D
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Official August 23 Hearing

Post by dangerous » Mon Aug 23, 2004 10:40 pm

Originally posted by mello1
Well, if I recall, I read somewhere on the MJJForum that Melville had practically made a decision in this matter already and just needed the testimony of the mother. I think that is why he suggested a written deposition so that he could go ahead and make the decision without any more time passing. What this says to me is that he has already heard or read enough to know how he is going to rule and I would speculate that the DA office's testimony was key. In my mind, I think this is a no brainer here. There is no way to reason that the DA's office NEVER KNEW that Miller was in the employ of Geragos. Especially since a memo from Miller to the DA's office was cc'ed to Geragos. By the DA's own admission, they were conducting a secret, criminal investigation of Miller. I would think that anyone Miller comes in contact with would be of interest to investigators. I would expect Melville to rule that at the very least, the DA should have known, based on the evidence submitted, that Miller worked for Geragos. Also, don't forget that the DA directly inserted himself into the investigation of Miller, so he cannot claim plausible deniability.
I agree. Mez might not have proven that the prosecution KNEW, but IMO he has strongly proven that the prosecution should have known.
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Official August 23 Hearing

Post by ~Vicky~ » Mon Aug 23, 2004 10:43 pm

Ashley, how come I don't see you online anymooorreee?! :(

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Official August 23 Hearing

Post by dangerous » Mon Aug 23, 2004 11:07 pm

Originally posted by HeavenSent


Someone else can correct me, but when it comes to replacing a judge, it's a tedious process.
Heres what I found on replacing an existing judge:

"Under California law, each side is permitted one peremptory challenge, which effectively removes that judge from the case," said Lynn Holton, a spokeswoman for the California Judicial Council.

This is from the Scott Peterson Trial, where- Modesto District Attorney James Brazelton said the current judge, Judge Arnason "is prejudiced against the interest of the party so that I believe that I cannot have a fair and impartial hearing"

:nav http://www.cnn.com/2004/LAW/01/22/peterson.case/

So I guess its possible, but not likely. Also, I think it would be either Melville or Anderson (The judge who presided over the GJ hearings) picking the replacement judge. :cryptic
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Official August 23 Hearing

Post by dangerous » Mon Aug 23, 2004 11:11 pm

Originally posted by NevaehDreamz
Ashley, how come I don't see you online anymooorreee?! :(
awwww... im working now, so im at my parents house :( and my computer is in a box in the basement, and their msn periodically decides to not work because their computer is from the ice age. :sneddoncr
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Official August 23 Hearing

Post by ~Vicky~ » Mon Aug 23, 2004 11:12 pm

Originally posted by dangerous
awwww... im working now, so im at my parents house :( and my computer is in a box in the basement, and their msn periodically decides to not work because their computer is from the ice age. :sneddoncr

Ohh, dayum. I expected you to be online more cause you are through with school!

:sneddoncr indeed! :laugh

Hey, at least you are getting paid!

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Official August 23 Hearing

Post by whisper » Mon Aug 23, 2004 11:28 pm

It seems that the AP report was a bit one-sided and didn't give the entire picture of just what happened.

The AP and Reuters report made it like Melville completely sided with Sneddon and allowed EVERYTHING in. However, other reports have a different picture. They give the number of items teh defense wanted off-limits to prosecutors and give the number of items toss out and approved by Melville so we can get a better sense.

But yeah, it looks as if the defense did get the majority of Michael's property labeled as 'off-limits' to prosecutors.

What also may have happened too is that Sneddon just had his grubby hands on some of Michael's property--regular stuff like that "The Robb Report" magazine. And he labeled some of Michael's regular property taken as "evidence" when in fact it isn't.

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Official August 23 Hearing

Post by LadyJackson » Tue Aug 24, 2004 12:32 am

Knowing Sneddon...he was probably gonna say Mike used "The Robb Report" to turn G*vin on and then they fell asleep together in bed even though G*vin was fighting Mike's urges!!! :laugh (Now...that doesn't even make sense does it??...Well that's Sneddy for ya!!) :crackingu
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The man is absolutely gorgeous!!!:mf_w00t2:

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Official August 23 Hearing

Post by Tiger Lilly » Tue Aug 24, 2004 8:19 am

The judge said that of 120 items of evidence Jackson's defence team wanted thrown out, he was inclined to disallow more than 70 of them from trial.
Am I reading this right... cos I'm in a bit of shock right now. Is this for real?

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Official August 23 Hearing

Post by mj_fan_for_life31 » Tue Aug 24, 2004 12:09 pm

The judge said that of 120 items of evidence Jackson's defence team wanted thrown out, he was inclined to disallow more than 70 of them from trial.

:praying: I hope he's doing this right because if he isn't I'm going to mad as hell!!! :kissmybut

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Official August 23 Hearing

Post by HeavenSent » Tue Aug 24, 2004 2:23 pm

I just plucked this out of the News Articles forum:

Jackson Defense Score Evidence Boost


Troubled star Michael Jackson has been dealt a major boost ahead of his child molestation trial - the judge wants to throw out 70 items seized from the singer's home.

Judge Rodney Melville originally concluded police had "probable cause" to believe Jackson had committed a crime when they searched his Neverland ranch in Santa Barbara, California, last year. But he's now made a preliminary ruling that prosecutors will not be allowed to use 70 seized items as evidence against the Thriller star.

Jackson's lawyers told the pre-trial hearing in Santa Maria, California, that police tried to search parts of Neverland ranch not permitted by their warrant last November.

Police are known to have taken cameras, computers, documents, and video and audio tapes from Jackson's home.

Judge Melville has pledged to ban 70 out of 120 items of evidence Jackson's defense team wanted thrown out of the trial.

Jackson, 45, is charged with committing a lewd act upon a child, administering an intoxicating agent and conspiring to commit child abduction, false imprisonment and extortion. He has pleaded not guilty and is free on $3 million bail.

His trial is scheduled to start on January 30, 2005.

Source: http://www.wkkj.com/script/headline...ment&feed_id=44

So we have 50 items that may be used.
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Official August 23 Hearing

Post by Tiger Lilly » Tue Aug 24, 2004 2:59 pm

Originally posted by HeavenSent
So we have 50 items that may be used.
I thought they took about 400 items from Neverland. I take it the 120 items wasn't everything taken in the raid.

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Official August 23 Hearing

Post by Alina » Tue Aug 24, 2004 3:04 pm

May God help Melville find his conscience somewhere in his dark heart, so he would stop sympathizing with the EVIL ( Sneddon ).These two are some of the most disgusting creatures in the universe! How long are they going to hurt Michael with their actions? I want so much to see them going to hell with their case!

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