Prosecutors Whining After Obtaining Numerous Search Warrants – MB #225

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Prosecutors Whining After Obtaining Numerous Search Warrants – MJEOL Bullet #225 After reportedly obtaining 100 search warrants, now prosecutors want the judge in limit the defense’s access to material to defend their client In court documents released November 19 2004, the prosecution is asking judge Rodney Melville to stop the defense from requesting relevant material about the accusing family. Earlier the judge granted the defense’s Teal motion. The motion allows the defense to subpoena and talk to witnesses without prosecutors knowing. Prosecutors are now actually claiming that the defense has “grossly abused the process of the court in issuing subpoenas duces tecum in this case, both by seeking information that could not possibly lead to evidence relevant to his defense” and violating constitutional rights to privacy. (Pg 2 of motion) These preposterous statements are coming from prosecutors who have obtained between 90 and 100+ search warrants in this “case” against Jackson. Talk about invasion of privacy! Some case observers are absolutely astonished that these search-warrant-happy prosecutors would now complain about Jackson’s attorneys wanting to know more information about the accusing family’s past. Some of the info the defense is seeking pertains to “at least three entities and two professional persons that have records relating to the Doe family” (pg 4). They even have the audacity to assert that Jay Jackson, the mother’s husband, thinks the defense has “unlimited and unrestrained access to personal and private records and materials, without judicial review of the documents obtained by its process and without regard to whether such materials are relevant to his defense of the pending charges” (pg 4). To be quite honest, prosecutors don’t know what’s relevant and what isn’t unless they know the defense’s strategy. Maybe that’s what prosecutors really want to get their hands on by filing this motion. Prosecutors quote supposedly from subpoenas the accusing family have received:

–“will lead to witnesses, documents, and discoverable evidence that will show the claims made in the Pending Criminal Case…are unfounded” — “contains prior inconsistent statements, recollections, observations and reactions of [them] to the events and circumstances which gave rise to the Pending Criminal Case” –“constitute evidence of a financial motive for making false and inaccurate claims in this matter”

Oh now why in the world should the defense be entitled to those things! I mean really! That’s just…just…so unfair to the poor little prosecutors! Excuse my sarcasm. Ugh! These prosecutors must be kidding. They want the defense to have to come in and explain the significance of each subpoena. To do that, the defense would have to reveal strategy. But again, these claims are being made by a prosecution who has violated Jackson’s attorney-client privilege at least twice, and have been—as of yet–allowed to get away with it. First, with Bradley Miller. Miller was the private investigator working for then-Jackson attorney Mark Geragos. They didn’t subpoena the records which would have allowed the person subpoenaed to explain why the records are off-limits to prosecutors. They just conveniently left out the fact that this PI may be working for a lawyer and got a search warrant, which allowed police to burst in and take whatever they wanted. From that invasion of the defense camp, they got a tape of the accusing family exonerating Jackson. As a result of that–and of the LA Dept. of Children and Family Services (LA DCFS) “unfounded” finding–in comes allegations of conspiracy and kidnapping to try to negate that defense evidence. Invasion of the defense happened again with Jackson’s personal assistant; search warrant 5153. Police raided her house almost a year after Jackson’s Neverland ranch was ransacked. They looked through things and took folders labeled “Mesereau”. They also reportedly took a copy of a fax to Mesereau with confidential witness information on it. The personal assistant raid was discussed in MJEOL Bullet #206: Defense Rebukes Unlawful Raid on Personal Assistant. The defense’s Motion to Suppress Materials Seized Pursuant to Search Warrant Number 5153 shows that prosecutors and police just couldn’t seem to keep their grubby little hands (and eyes) off the defense’s work product. The defense called the raid on the personal assistant “outrageous government conduct.” The DA already knew that this person was Jackson’s personal assistant before they got a search warrant. The defense says:

When the District Attorney’s office and the law enforcement officers began conducting the search of Mr. Jackson’s personal assistant’s office, they blatantly disregarded the attorney-client and work product privileges and, more critically, the right of a person to the absolute confidentiality of the attorney-client relationship. Items were seized that were clearly identifiable as being subject to the attorney-client privilege. These actions denied Mr. Jackson’s fundamental due process rights and impaired his right to the effective assistance of counsel under the Fifth and Sixth Amendments to the United States Constitution. (see Defense Motion to Suppress – Personal Assistant Raid Breaks A/C Priv. | pg 8)

If prosecutors wanted this information, they shouldn’t have authorized a smash-and-grab search warrant, but rather subpoenaed the person’s records. From the defense’s motion:

A search warrant authorizes the seizure of documentation of Mr. Jackson’s, and his associates, whereabouts and activities during [redacted information]. There was no reason for the prosecution to search the office of Mr. Jackson’s personal assistant for these materials. A subpoena, on the other hand, gives a party the opportunity to be heard by the court, prior to the documentation of materials. (see Defense Motion to Suppress – Personal Assistant Raid Breaks A/C Priv. | pg 8)

So it’s outright shocking that prosecutors would be accusing the defense of violating anything. And here’s the kicker: they claim to be afraid of personal information ending up on NBC or CNN! Prosecutors complain that the family “is convinced that sensitive materials subpoenaed by Defendant will ultimately end up on NBC and CNN…” (pg 5). These same prosecutors, however, didn’t seem to be too concerned when information under seal suddenly ended up on NBC’s Dateline by way of former Sheriff Jim Thomas. They didn’t care when Ray Chandler made the media rounds trying desperately to poison the jury pool with false and one-sided pro-prosecution information. They also didn’t seem concerned with the leaks…scratch that…RIVERS of information pouring from Court TV’s Diane Dimond and her “highly placed sources”. Dimond and her “law enforcement sources” have been leaking information since the day Jackson’s home was raided in November 2003. Someone even leaked the actual police tape of the accuser’s mother to Art Harris. The tape was played on baby-Entertainment-Tonight show The Insider over the course of days. Harris is one of two reporters to get an interview with Tom Sneddon before charges were filed against Jackson. Who’s the other person that got an interview? Diane Dimond, of course. Some observers are outright baffled if not disgusted at the recent prosecution complaint. These prosecutors have reportedly asked defense attorneys to turn over any medical records about Jackson. The also asked the defense to hand over any psychological reports about Jackson without knowing if any even exist. Now they are apparently offended that defense attorneys want medical records concerning the accusing family. It has already been revealed through media reports that the mother has spent time in a mental institution. But the family wants to keep their business confidential. Jackson, however, doesn’t seem to deserve the right to confidentiality…or attorney-client privilege…according to these prosecutors. Ridiculous. They also whine that the defense has subpoenaed records related to “bank accounts, deposits, withdrawals, balances, 401K accounts, retirement accounts, trusts, corporations and joint ventures, as to each member of the family” (pg 5). Boo hoo. This is an utterly senseless complaint coming from a prosecution that has obtained search warrants to get financial records with entities such as:

Bank of America 3 Neverland Ranch Warrants JCPenneys
2 Bradley Miller warrants BellSouth First National Bank
Cingular Wireless AT &T Wireless MBNA
Qwest Communications Ford Motor Credit Providian
Pacific Bell American Airlines Continential Airlines
Mercedez Benz Nissan Motor Acceptance Saxon Mortgage
Transunion Experian Equifax
Wells Fargo Nextel Verizon Wireless
Cross Country Bank T-Mobile ARGRAS Billing
Washington Mutual Bank American Express Shurgard Storage
Citibank Capitol One Chase NA
Discover Financial Services Chevron

(see List of Search Warrants obtained by prosecution 8-5-04)

These are only a few of the many many warrants secured by prosecutors. Many have asked just why the hell do prosecutors need to know Jackson’s FICO score (credit bureaus Transunion, Experian, and Equifax), or what accounts he has at Bank of America, or what he purchased at Banana Republic in order to prosecute a molestation case. They claim that they didn’t give proper attention to the defense’s initial Teal request. They say, “The People did not give what hindsight reveals would have been appropriate attention to the particulars of the order Defendant proposed” (pg 11). So, does the defense now have to suffer because of the prosecution’s lack to pay attention to detail? Do prosecutors deserve to get bailed out, once again, by the judge? Should the defense have their right to defend their client taken away from them to appease these prosecutors?? Prosecutors want the court to intervene before Jackson’s lawyers find “intensely private and personal” material. Got something to hide, perhaps? And they claim the defense getting a-hold of certain information would “disregard” the “Doe family’s constitutional right of privacy” (pg 6). Again, the audacity is astounding. In this “case”, the DA of a county has publicly joked at a press conference announcing Jackson’s arrest warrant; rivers of pro-prosecution information has found its way to the media; astonishing accusations about Jackson have been made…then changed…then made again; the accusing family sought out at least 6 attorneys before even meeting Jackson—one of them being Larry Feldman; and prosecution fishing expeditions have taken place. Thus, if there is a lack of sympathy for prosecutors, it’s no surprise to a number of observers who have been paying close attention to this case since Nov 18 2003. The defense’s reply to this motion has not been released yet. Stay tuned. -MJEOL

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