Last-Minute MJ Scrambles

As Michael Jackson approached his January 31st trial date on charges of child molestation, the prosecution wanted jurors to have their own screening of the TV special “Living With Michael Jackson.”

The motion was adamantly opposed by the defense, which denounced the program as “heavily edited in the most sensational fashion possible.”

The British documentary was broadcast in February 2003 and triggered an investigation leading to MJ’s child molestation case. It contains footage of Jackson holding hands with the child who alleged he was molested by the pop singer. It also shows Jackson, in his own words, defending his practice of letting young boys sleep with him.

In addition, prosecutors asked to display “erotic material” seized from the singer’s Neverland Ranch, saying the books, magazines and videos reveal his motive, according to CNN. In a motion filed January 18th, prosecutors reportedly wrote that MJ’s prior conduct “demonstrating a particular state of mind” can serve as evidence of his intent and should be allowed.

Defense attorneys reacted by filing a motion to black out the words “obscenity,” “pornographic” and “sexual conduct” from being used during the trial in describing the material seized from Jackson’s ranch.

“The suggestion these materials, which can be purchased on any corner drug store, are illegal is prejudicial to the jury because the inference is false,” the motion said.

At a pretrial hearing January 21st in California’s Santa Barbara County Superior Court, Melville ruled that prosecutors may introduce trial testimony about child-molestation misperceptions and myths.

Prosecutors want an expert witness to testify about why victims sometimes wait to report molestation, give incomplete accounts, don’t tell close relatives or retain affection for their abusers.

Defense attorney Thomas Mesereau Jr. said such testimony should not be allowed if the defense can prove the alleged victim and his family “aren’t victims at all, they’re flat-out liars.”

Meanwhile, sheriff’s investigators denied they were the source of recent leaks to the media. They said an investigation has been launched to find who might be responsible.

A posting on the sheriff’s Web site (in response to a recent ABC News report that quotes from transcripts and grand jury testimony) said that information that has been released is covered by Melville’s sweeping gag order in the case.

Attorneys representing a group of media organizations also filed a motion January 23rd seeking to keep the testimony of child witnesses in the case open to the public. Last week, prosecutors asked that testimony from Jackson’s accuser and his brother be conducted in secret. They argued that the media and the public could listen to the testimony by an audio-only feed. Defense attorneys argued against the motion.

Melville said jury selection was to begin January 31st with 300 prospects, continue the next day with another 300 and the day after that with 150.