Jacko Judge Backs Case Secrecy

The judge in the Michael Jackson child molestation case reinforced the wall of secrecy around grand jury transcripts and other evidence Friday and said that trying to ensure a fair trial for such a famous entertainer is "exasperating."

Judge Rodney Melville rebuffed arguments by a media attorney who sought to unseal grand jury transcripts so the public can see whether Jackson is being treated fairly.

In doing so, he suggested that celebrity trials such as Jackson's require a different standard than those of average people.

"The difficulty of seeing that an individual in this country gets a fair trial is exasperating when the individual is known around the world," said Melville.

Jackson, 45, has pleaded not guilty to committing a lewd act upon a child, administering alcohol, and conspiracy to commit child abduction, false imprisonment and extortion.

On Friday, media lawyer Theodore Boutrous Jr. implored Melville to unseal 47 search warrants and the entire grand jury indictment pertaining to Jackson so the public can know the exact charges the entertainer faces and the procedures used to gather evidence.

"The time has come, in this case, to let the sun shine in so the public, and the press as its surrogates, can know what the case is about," said Boutrous, who represents a coalition of media organizations including The Associated Press.

By keeping a tight lid on the case, Boutrous said Melville is allowing Jackson's lawyers to "manage" the release of information, an allegation that brought a harsh response from the judge.

"This is about the court trying to balance First Amendment rights against the rights of Mr. Jackson and the prosecution," Melville said.

"Mr. Boutrous, you know that everything I'm doing is according to the law. I'm being very careful in following the law. Please do not mislead the press about this. I support the First Amendment."

Outside court, Boutrous told reporters he will consult with his media clients about appealing the judge's refusal to unseal the documents.

Key sections of the indictment against Jackson are blacked out. The names of five alleged co-conspirators remain secret, as do 28 specific acts the prosecution alleges in support of the charges.

Both prosecution and defense attorneys are under a court-imposed gag order — supported by both sides — that prevents them from commenting on any aspect of the case.

The presence of Jackson, who did not attend this hearing, has turned previous sessions into public circuses, with thousands of fans gathering to cheer the entertainer's arrival and vendors hawking souvenirs of the event outside the courthouse.

The judge indicated Jackson would have to be present in court again for an Aug. 16 hearing.

By Linda Deutsch