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发表于 2004-4-30 00:00:00
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Jackson will face new charges at today's hearing (SMT)-------------------------------------------------------------------------------- santamariatimes.com/artic...news02.txtJackson will face new charges at today's hearing By Quintin Cushner/Staff WriterAmid a backdrop of fan hoopla, police security and media scrutiny, entertainer Michael Jackson is expected to plead not guilty to child-molestation charges today in Superior Court in Santa Maria. Jackson is expected to be arraigned at 8:30 a.m. on a grand jury indictment that was issued April 21. Grand juries are panels made up of citizens summoned to investigate felony allegations. For an indictment to be issued, at least 12 members of the 19-person grand jury must find sufficient evidence to support charges against a defendant. The original intention of today's hearing in the Jackson case was to schedule a preliminary hearing in the case to determine if there was sufficient evidence to warrant a trial. However, according to Proposition 115 - The California Crime Victim's Speedy Trial Initiative passed in 1990 - defendants are not entitled to a preliminary hearing in a criminal case if a grand jury issues an indictment, said Terry Franck, general council for the California First Amendment Coalition. The indictment in the Jackson case is currently sealed, but the charges are likely to be similar to a complaint prosecutors filed against the singer last year. At Jackson's Jan. 16 arraignment on those charges, the singer pleaded not guilty to engaging in lewd acts with an unnamed boy under the age of 14 on seven occasions between Feb. 7 and March 20, 2003, and two counts of "administering an intoxicating agent" - reportedly wine - to help him with the alleged molestations. During today's arraignment, Superior Court Judge Rodney Melville likely will read the new charges against Jackson - unless the defense requests that the recitation be waived, according to Peter Arenella, a former criminal defense attorney who teaches at the UCLA Law School. If the charges aren't revealed in open court, it's up to Melville to decide how much of the indictment will be released to the public, according to Gary Blair, executive officer of the Santa Barbara County Superior Court. Since indictments include the list of witnesses called before a grand jury, there's likely to be some redaction or editing, according to Blair. It's also possible that either side could request that the indictment remain sealed until a later date, he said. Once the charges are presented to Jackson, he will be asked by the judge if he understands the charges against him, and may then enter a plea, Arenella said, but he could also stand mute and have a not-guilty plea entered for him, or his attorneys could ask for more time to consider the charges. Jackson's lawyers have said that the singer plans to plead not guilty to all charges against him. Leading Jackson's defense is Thomas Mesereau Jr., who is assisted by attorney Steve Cochran and Santa Barbara-based lawyer Robert Sanger. On Sunday, Jackson reportedly fired former lawyers Mark Geragos and Benjamin Brafman, replacing them with Mesereau. Santa Barbara County District Attorney Tom Sneddon is prosecuting the Jackson case, with help from Senior Deputy District Attorneys Ron Zonen and Gerald Franklin. Today, Melville also is expected to set the next hearing in the Jackson case, which likely will surround issues of evidence, Arenella said. Every court date thus far in the case has been scheduled on a furlough day, during which no other court activity was taking place. The next furlough day is scheduled for May 28. After today's hearing, there may be a series of motions by the defense to dismiss the indictment based on a number of grounds, according to local defense attorney Adrian Andrade, who has challenged grand-jury indictments in the past. Typically, motions to quash - called 995 motions - focus on prosecutorial misconduct or testimony within the grand jury transcript that may run contrary to the charges, Andrade said. There likely also will be pre-trial hearings held in the case over access to and the admissibility of evidence, Andrade said. Regardless of how Melville rules in those evidence hearings, there could also be appeals filed seeking to overturn his rulings, Andrade said. Another pre-trial issue that may be raised is the current controversy over jury composition in Santa Barbara County. If that case does not resolve itself, Jackson's defense might argue that the case cannot go to trial until the 2nd District Court of Appeal decides if the method by which jurors are selected in Santa Barbara County is constitutional. The defense may also seek a change of venue in the case. It's unlikely that the Jackson case would be moved from Santa Maria though, Arenella said. Typically, he said, changes of venue are only granted by a judge if there's empirical justification that the jury pool has been tainted enough by pretrial publicity to prevent a fair trial, he said. Since the Jackson case has attracted widespread media attention, it would be difficult to find an untainted jury anywhere, he said. Once those issues are decided, there will be a hearing in which both sides determine when they might be ready to go to trial, and whether there's a chance to settle the case with a plea agreement, Andrade said. If both sides still wish to go to trial, a hearing will be held to finalize the first day of jury selection in the case, he said. Melville has requested that jury selection begin in the case before the end of the year, though that seems unlikely, Andrade said, if only because both defense attorneys and prosecutors are hesitant to begin a trial during the holiday season. A 2005 trial start date seems more likely, he said. At today's hearing, media attorney Theodore Boutrous, Jr. will argue to unseal a search warrant for some phone records in the case and to release an application prosecutors made to hold an unnamed person in contempt, he said. A challenge by the media of a gag order in the case, which prevents all participants in the proceedings from making public comment, is currently pending before the California Supreme Court, Boutrous said. And a decorum order preventing the media from speaking to grand jurors about the case is pending in the 2nd District Court of Appeal in Ventura, he said. About 1,200 people are expected to turn up at the courthouse for today's hearing, along with about 150 members of the media, according to Darrel Parker, assistant executive officer of the Superior Court. Around the complex, temporary fencing and barricades were erected this week to keep Jackson's fans away from the singer and off nearby Miller Street, according to Santa Maria Police Chief Danny Macagni. Police will close Miller Street near the courthouse during Jackson's arrival and departure today. * Staff writer Quintin Cushner can be reached at 739-2217 or by e-mail at qcushner@pulitzer.net. April 30, 2004 |
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