Posted by Prosecutors Unlawfully Withholding Jackson Property? – MB #277 JULY 6 2005 — The prosecutors in the Michael Jackson “case” appear to be, still, violating Jackson’s rights by refusing to release property seized from him during the trial which resulted in a total acquittal. The defense filed a motion in court after Jackson’s acquittal, on 10 felony counts and 4 misdemeanor counts, requesting that the judge order Jackson’s property to be returned. The prosecution replied that they want to keep the material just in case other “investigations” arise in the future. For the record, they have no legal authority to continue to hold onto Jackson’s property indefinitely “just in case” of another “investigation” sometime in the future. Quite frankly, it sounds suspicious; as if they are planning on a future “investigation”. You don’t get to keep a person’s personal property just because you feel like it. I guess prosecutors have been talking to Ms. Cleo; free reading and all. Perhaps they have .uh ..”lost” some of Jackson’s valuable personal property and don’t want the defense finding this out. Whatever the reason, Jackson’s attorneys responded to the prosecution’s ridiculous excuses for continuing to hold onto property which doesn’t belong to them. From the defense’s Reply to Response to Motion for an Order that Property be Returned stamped June 27 2005:
The District Attorney claims that certain items “may have relevance in the event of another investigation” as a justification for not releasing seized property. (Response, page 2.) There is no legal authority to support this argument. Law enforcement is not entitled to retain a defendant’s possessions after a criminal action has ended based on the possibility of another investigation at some point in the future. The only valid reason for law enforcement to retain possession of a defendant’s property, following the termination of a criminal action, is if the property is contraband. Lawfully possessed items must be returned. Law enforcement is not entitled to retain items lawfully possessed by as (sic) defendant at the time of his arrest upon charges of which he is subsequently exonerated. (pg 2, Reply to Response to Motion for an Order that Property Be Returned)
Prosecutors contend that certain property seized is contraband. Of course the public knows that nothing seized from Jackson’s home was illegal or contraband or else there would have been charges for the possession of illegal material. The police and prosecutors seem to be trying to either intimidate Jackson or stall for time until they’ve reeled in ( or blackmailed?) another family of kooks and crooks to make an allegation. As of this writing, we don’t know if an order has been issued or if the property has been returned. In their Plaintiff’s Response to Defendant’s Motion for Return of Property, they appear to be so desperate that they actually claimed that some of the property seized from Jackson may not even belong to him. This after-trial admission, however, didn’t stop them from attempting to use said property as “evidence” against him in some convoluted and ridiculous way during the trial. They also say that videotape and pictures of Jackson’s naked body don’t belong to him either. But this is further evidence that after they were slapped and slapped hard .by this conservative Santa Maria jury, the prosecution and the police seem to intend to harass Jackson in any way they can, unless they are stopped from doing so. Speaking of violating rights, remember this same prosecuting office was sued by attorney Gary Dunlap in federal court for $10 Million for, among other illegal activities, violating his civil rights. As of May 2004, the lawsuit was upheld by a U.S. District court judge to go forward. During the course of this trial, and now afterwards, there appears to be more people trying to make sure Sadaam Hussein’s rights aren’t violated than people trying to make sure Jackson’s rights weren’t/aren’t trampled. That is both disgusting and shameful. -MJEOL