Judge in Jackson Case Is Pressing for an Early Trial

SANTA MARIA, Calif. —  While Michael Jackson’s new lawyer says it will take months to sort through evidence that the prosecution must still turn over to the defense, the judge presiding over Jackson’s child molestation case has decided to push harder for an early trial.

Santa Barbara County Superior Court Judge Rodney S. Melville has ordered a trial-setting conference for a hearing today in which Jackson’s lawyers are expected to argue for a reduction in the pop star’s $3-million bail and seek an order to force prosecutors to move faster in sharing evidence.

Melville said early in the proceedings that he hoped a trial could begin before the end of this year, but legal experts and many criminal lawyers have predicted that would be impossible. Though soft-spoken, Melville is also strong-willed, and he has made it clear that he will not tolerate stalling tactics.

Jackson will not attend today’s hearing, court sources have indicated. As a result, security officials expect only a small turnout of Jackson fans.

In accusing the prosecution of moving too slowly in giving the defense access to the evidence, as required by law, attorney Thomas A. Mesereau Jr. and Jackson’s other lawyers said the entertainer’s right to a fair trial was “jeopardized by the undue delay of discovery.”

“The investigation of this case involves dozens of, if not over 100 witnesses, voluminous documents and expert examination on a variety of topics,” Jackson’s lawyers wrote. “The defense needs ample time to conduct follow-up witness interviews, locate and interview rebuttal witnesses and conduct its own forensic examinations, among other things.”

Prosecutors have responded that they have turned over vast amounts of evidence already and are processing the information they have as quickly as possible. They also are strongly resisting an attempt by Mesereau to substantially reduce Jackson’s bail on grounds that it is much higher than the bail for other defendants facing similar charges.

The bail-reduction request notes that Jackson has no prior record, arrests or convictions and that he has fully complied with all conditions of his release on bail, including attending court when ordered.

“Mr. Jackson’s ties to this community are substantial,” the defense motion states. “The record reveals that Mr. Jackson is not a flight risk or a danger to the community. It is also apparent that Mr. Jackson intends to confront and vigorously defend rather than evade the allegations in this case.”

Though Mesereau noted that Santa Barbara County’s bail schedule calls for bail of about $135,000 for the conspiracy and molestation charges in the grand jury complaint, prosecutors oppose the request on grounds that Jackson is a flight risk and that his wealth should be a factor in retaining high bail.

Looking past a trial to a possible conviction and prison sentence, Gerald McC. Franklin, senior deputy district attorney, said Jackson faced confinement in state prison “for a very long time.”

Franklin added: “The defendant here is Michael Jackson, international celebrity, a man whose lifestyle to date would not have prepared him to adapt readily to a prison environment and routine, and whose physical stature will present its own problems for him in making the necessary adjustments.”

In addition to the bail and discovery issues, Melville will hear today from media organizations seeking public release of sealed grand jury transcripts and other documents.

On another legal front, the mother of the alleged victim in the Jackson case filed a claim against Los Angeles County child protection officials Tuesday, accusing them of moving too slowly in investigating leaks to the media that were helpful to Jackson’s defense.

Before a psychiatrist who had examined the boy told Santa Barbara County officials that the child had been molested, Los Angeles County child welfare officials had interviewed the boy and his family after a 2003 television broadcast showing Jackson and the boy holding hands.

A memo written by Los Angeles County authorities after Jackson’s arrest last November said the boy and other family members had denied any sexual abuse. The memo was subsequently released on a website.

Attorney Larry R. Feldman, representing the mother and the boy, said he filed the claim, a necessary step before a lawsuit, to force Los Angeles County officials to speedily conclude their investigation to ensure that such a breach of confidentiality “will never occur again to another innocent child.”

Responding to the claim, Dr. David Sanders, director of the Los Angeles County Department of Children and Family Services, said an “aggressive” investigation into the leak was continuing.