Google Web Songp.com

Jackson seeks to delay trial

Tuesday, July 27, 2004 Posted: 11:57 AM EDT
LOS ANGELES, California -- Attorneys for pop star Michael Jackson want to push back the start of his trial on child molestation charges by four months, according to court documents filed last week, calling the prosecution's case "an effort to take down a major celebrity."

The papers were filed July 13 with the Superior Court of Santa JacksonBarbara County but were kept under seal until late Monday.

"A continuance is essential to protect Mr. Jackson's right to a fair trial," said a motion filed by Jackson attorney Steve Cochran.

"Accordingly, Mr. Jackson respectfully urges this Court to continue the trial no less than 120 days."

At a hearing in May, Santa Barbara County Superior Court Judge Rodney Melville set a tentative date of Sept. 13 for the trial. He called it "a bull's eye" -- a target date so everyone could know "this is where we're going." The judge, however, did acknowledge that the date may not give attorneys enough time to prepare.

"I'll deal with the continuances," the judge said. "I understand this will be a difficult case to prepare."

In asking for the delay, Cochran accused the prosecution of not providing access to "certain critical items" Jackson attorneys need for preparation of his defense. Cochran also cited the sheer volume of evidence it will need to sort through as a reason for pushing the start of the trial into 2005.

In surprisingly blunt language, Cochran said, "no less than four months are necessary to implement Mr. Jackson's Sixth Amendment rights to effective assistance of counsel and a fair trial."

"The scope of the prosecution's investigation is breath-taking. This is not a usual criminal investigation, it is an effort to take down a major celebrity."

In a court appearance April 30, Jackson pleaded not guilty to a grand jury indictment of 10 charges -- including four counts of child molestation, four counts of administering an intoxicating agent, one count of attempted child molestation and one count of conspiracy to commit child abduction, false imprisonment and extortion.

Jackson's attorneys will be back in court Tuesday for a hearing related to evidentiary matters. Another hearing is scheduled for Aug. 16, at which the entertainer's defense team will argue for dismissal of the grand jury's indictment against their client.

In a 47-page motion filed earlier this month, Jackson attorney Robert Sanger called April's grand jury proceeding "remarkable" and claims the prosecution "ran the proceedings as if they employed the grand jurors" and "sabotaged the grand jury's ability to perform its function."

The defense motion said the prosecution "poisoned the entire proceeding with highly inflammatory and prejudicial testimony" against their client, and asked that the indictment be set aside.

 
© All right reserved 2004. Contact us