Category: MJEOL BULLET

Prosecution Subpoenas Witnesses, Lies about Others on Their List? – MJEOL Bullet #231 Astonishing new court documents (docs) revealed recently show a prosecution team making up witnesses, badly misspelling the names of people on their witness list, not providing contact information for these “witnesses”, and dumping tens of thousands of pages of material on the defense very recently. There are also recent reports of Bob Jones and Debbie Rowe being subpoenaed by the prosecution. Jones could be among a number of witnesses subpoenaed by prosecutors who have not turned out to be prosecution witnesses. Rowe gave birth to two of Jackson’s children. It is important to note that just because a person may be subpoenaed by one side or the other does not mean that they are automatically testifying for or against Jackson. For instance, Ray Chandler was reportedly subpoenaed by the defense and cited as a “custodian of documents”. One can hardly call R Chandler a witness for the defense solely because it was the defense who subpoenaed him (see Ray Chandler Subpoenaed by the Defense? – MJEOL Bullet #205). On that same note, if you remember, there were reports of the accuser’s father’s attorney, Russ Halpern, being subpoenaed to testify by prosecutors in front of the grand jury. An argument between current DA Tom Sneddon and Halpern ensued, whereby Halpern, under oath, testified that he found the DA’s office to be “hostile” and “very uncooperative”. He testified: “I found your attitude, conduct to be very hostile, and not a office that would be wanting to hear from me, period” (see Massive Prosecutorial Misconduct during Grand Jury Process? – MB#162).

So-called Fingerprint ‘bombshell’ a Smoking Dud? – MJEOL Bullet #230 A recent National Enquirer story about fingerprints was swiped by various media outlets and furthered by prosecution leaks. The so-called “bombshell” promised to be “devastating” for Jackson’s “case” and was supposed to be “damning evidence.” What most of these chicken-little reports fail to do is provide an argument that stands up to the slightest bit of scrutiny. That Enquirer report says fingerprints of the accuser were allegedly found on the same adult heterosexual porn magazine taken from Jackson’s house. Besides not knowing whether or not the story is true, no one seems to know when Jackson’s fingerprints were put on the magazine and when the accuser’s fingerprints were put on the magazine. Reports and comments from pundits, who already thought Jackson was guilty before hearing this story, were overly dramatic as expected; proclaiming this as a “smoking gun”. Others however were not impressed with this wannabe “bombshell”. What some of the broadcast news snatchers failed to include in their reporters were questions about the validity of the claims. Other non-prosecution/law enforcement sources have another story to tell. These sources say the accuser and his brother were very “disruptive” at Jackson’s home. Many times they–other children and adults too–were at Jackson’s ranch when Jackson was away, reportedly say sources who were there observing these children. They also report that the accuser, his brother and possibly other children were given free run of Neverland.

Why Did Prosecutors Abandon Initial Charges Filed Dec 2003? – MJEOL Bullet #229 Another strange issue in a chain of incredulous allegations in the Michael Jackson “case” concerns the various stories being told by the accusing family. As you remember, prosecutors filed one set of charges against Jackson in December 2003, then came out of the indictment process with an entirely different case: different charges, different counts, and a different timeline. This change was highlighted by defense attorneys in various court documents (docs). Redacted docs released November 24 2004 state that prosecutors filed charges on December 18 2003 charging Jackson with 7 counts of lewd acts and 2 counts of administering intoxicants. Besides denying the charges, Jackson’s attorneys say that this initial complaint was based on interviews from the accuser’s mother, the accuser and his brother. They say psychologist Stan Katz—who may be in serious trouble concerning his role in this “case” and his involvement with Bradley Miller—interviewed the accusing family more than seven (7) times. Katz also detailed to Santa Barbara authorities what he was told by the accusing family. They also reveal that law enforcement officials interviewed the accusing family more than two dozen times. All of this is what the December 18 2003 charging complaint was based on. From the court docs:

The complaint was based on more than seven (7) interviews conducted with the complaining witnesses by Psychologist Stanley Katz. Stanley Katz detailed the alleged conduct that formed the basis of the complaint, and the complaint mirrored his interviews and reports to law enforcement. In addition, law enforcement conducted more than two (2) dozen interviews with the complaining witnesses, and more than a hundred separate interviews with other witnesses. (see Memorandum in Support of Motion for Mental Examination pg 10)

Prosecution Actions Spark Questions about Stability of Case – MJEOL Bullet #228 UPDATE A last-minute collection of DNA, a possible prosecution rift, and dubious stories all conspire to create a most incredulous set of events Prosecutors were back at Neverland Ranch Dec 3 2004 to collect a sample of Jackson’s DNA for what some have speculated is a non-existent “case”. Over a year after Jackson was arrested and almost 2 years after the prosecution’s timeline, they are just now collecting a swab from Jackson’s mouth. Fox News’s Geraldo Rivera got his hands on some exclusive information pertaining to what prosecutors were doing at Jackson’s ranch Friday and Saturday (Dec 3 and 4). Rivera reports that Jackson’s home wasn’t searched or raided per se; nothing was taken from the premises. Rivera also questioned the reasoning and last ditch efforts by these prosecutors. Some legal experts have openly questioned the timing of the latest move by prosecutors, while others find it incredible that they didn’t already get a DNA sample long before now. While some pro-prosecution observers were struggling to try to explain this last-minute gathering of “evidence”, there seemed to be no plausible reason as to why this happened two days before the cut off date to hand over discovery. Rivera says that Jackson voluntarily gave the DNA sample over to prosecutors on Saturday. Erroneous reports have claimed that Jackson refused to cooperate with police.

Pt. 3: Explosive Revelations about Accusing Family – MJEOL Bullet #227
More about the breaking of the Court’s order and the accusing family in constant contact with someone while they were allegedly being “held” at Neverland

We pick up with Part Three of this special MJEOL Bullet detailing recently released court documents (docs) with revelations of the accusing family.

Part two discussed some new information revealed by the Santa Barbara News-Press (SBNP) concerning a previous lawsuit filed by the family against JC Penneys department store. During that case, the mother alleged specific allegations revolving around sex abuse allegations, threats, and gynecological records.

At one point she claimed she “saw a gynecologist due to irregularities in her menstruating and she was this way because her body was traumatized and ‘every hormone in her body was being released.’ “

The JC Penney report also says there was no evidence confirming this claim made by the accusing mother, according to the SBNP report. There was a question as to whether or not she is claiming similar allegations against Jackson in this “case” as well. And if so, could that be the reason why the defense says these records are relevant?

Jackson attorney Robert Sanger didn’t want to get into the reasoning in open court during a November 29 2004 hearing. Whatever the reason, judging by the declaration of Jackson attorney Brian Oxman in opposition to modify the Teal order, these records appear to be very relevant to this “case”.

Also discussed in part two was the fact that numerous people have already broken the court’s order by first alerting prosecutors that they were subpoenaed and then telling prosecutors the specifics of what the defense was requesting.

The fact of the matter is these prosecutors can complain all they want, but Jackson’s attorneys have already shown the court why the subpoenas are necessary, and the court has agreed with them. During the Nov 29 hearing, the judge refused to take away the defense’s powers as provided to them by Teal.

Pt. 2: Explosive Court Docs Reveal Accusing Family’s Stormy Past – MJEOL Bullet #227
Allegations from a previous JC Penney civil case appears to be closely related to current Jackson allegations

We pick up with Part Two of this special MJEOL Bullet about explosive new court documents recently released. A court hearing was held November 29 2004 in this “case”.

Jackson’s attorneys may have failed, for now, to get their own independent psychological examination of the accuser, but prosecutors also failed to get the defense’s right to subpoena witnesses and records taken way.

Recently released info from local paper Santa Barbara News-Press (SBNP) revealed a reason why the defense may want their hands on the mother’s medical records. She, apparently, has lied about her medical condition—involving gynecological reports–before, coached her children to lie under oath before, and leveled false sex abuse allegations before in a civil case against department store JC Penney.

Since some TV lawyers, like Dan Abrams, seemed to only have glommed onto the defense request for gynecological records, today (Nov 30) brings a bit of possible clarity to the issue.

The SBNP report, “Jackson defense loses bid to conduct mental testing of accuser, family” dated Nov 30 2004, details some of the incredulous allegations level against JC Penney by this family. From the report:

The documents obtained by the News-Press and NBC were compiled by Dr. John Hochman, identified as an assistant clinical professor in the Department of Psychiatry and Neurology at UCLA…

Quoting the mother, Dr. Hochman said that after the J.C. Penney incident, she “saw a gynecologist due to irregularities in her menstruating and she was this way because her body was traumatized and ‘every hormone in her body was being released.’ “

There is no evidence confirming (the mother’s) testimony she had to get her hormones straightened out due to the mall episode.” (see Jackson defense loses bid to conduct mental testing of accuser, family)

Defense: DA Attempting to Shield Witnesses from Cross-Examination – MB#226 Prosecutors complained to the judge that Jackson’s attorneys wanted too much information about the accusing family. Now the defense has responded to the prosecution’s claims. They say the DA is attempting to “shield” the accusing family from scrutiny, and also want the defense to reveal their strategy in newly released documents dated Nov 23 2004. In the defense’s Opposition to District Attorney’s Request that Court Modify It’s Teal Order, they say that in accordance with the law they are not required to reveal defense strategy to prosecutors. They also make the argument that DA Tom Sneddon had an opportunity to question the Teal motion’s scope. Now these prosecutors want to change the game to handicap the defense. The defense also says the very notion of a Teal motion—which allows defense attorneys to “develop and investigate their cases” without notifying prosecutors of their intentions—would be meaningless if they had to clear their subpoenas with prosecutors. From the motion:

Defense counsel is not required to disclose potential defense strategies or work product to the prosecutor as a condition of receiving documents produced pursuant to a subpoena duces tecum. (See Teal v Superior Court (Barrett) (2000) 80 Cal. App. 4th 1305, 1320.) (see Defense’s Reply to DA’s Request to Modify Teal Motion 11-24-04 pg 2)

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.

1993 Investigation Not a Problem for Defense? – MJEOL Bullet #224

What makes the news media think Jackson or his defense team is scared of the possibility of the 1993 accuser being called to testify in the current “case”, if it makes it to trial?