Lawyers Move To Oust DA From Jackson Case
Michael Jackson's lawyers filed a motion yesterday (Oct. 4) to remove the Santa Barbara, Calif., County district attorney's office from his child molestation case, but the reasons were kept secret.Michael Jackson's lawyers filed a motion yesterday (Oct. 4) to remove the Santa Barbara, Calif., County district attorney's office from his child molestation case, but the reasons were kept secret.
The motion was one of several filed under seal by attorney Robert Sanger. Sanger said sealing the motion was necessary because "the content of the motion includes reference to details in under-seal material including discovery materials, grand jury transcripts, investigative reports, exhibits and identities of witnesses."
Santa Maria Superior Court Judge Rodney Melville has kept much of the proceedings secret.
Motions to remove a district attorney from a case often are based on claims of personal involvement and conflict of interest. Jackson's lawyers have claimed that District Attorney Tom Sneddon had a personal vendetta against the music star after failing to get charges filed against him in a 1993 allegation of child molestation.
Criminal defense attorney Steve Cron said lawyers often claim in such motions that the chief prosecutor is so personally embroiled in the case that he can't make fair and dispassionate decisions. "The odds of being successful are very slim," Cron said. "It would be highly unusual for a judge to take the whole district attorney's office off a case."
If the motion were granted and upheld on appeal, Loyola University Law Professor Laurie Levenson said the state attorney general's office would have to take over the Jackson prosecution. "This was a natural motion to file," she said. "Even if the chances of success are not great, it's worth taking a stab at it."
Jackson has pleaded not guilty to child molestation, conspiracy and administering an intoxicating agent, alcohol. He is set to go on trial Jan. 31.
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