Jacko Loses Bid To Boot DA

A judge on Thursday rejected a defense effort to remove the Santa Barbara County district attorney prosecuting Michael Jackson on child molestation charges.

"I believe he has not been excessively zealous and has not threatened the integrity of the case to this point," said Superior Court Judge Rodney Melville, who heard arguments from Jackson's lawyer, the prosecutor's office and the state attorney general's office.

Melville said the law was clear that the only way he could remove District Attorney Tom Sneddon and his office, is "if a conflict existed where the defendant could not receive a fair trial."

If a conflict existed, the judge said, he would have to find that it was "disabling" to the case.

"I find no disabling conflict. I also find there will be controls in this trial while the jury is present. If he (Sneddon) appears excessively zealous during the trial, I will see that it is taken care of."

Jackson's lawyer, Thomas Mesereau Jr., had presented a final exhortation in favor of removing Sneddon, saying that the district attorney and his office had spent more money pursuing Jackson than they had on the cases of serial killers, showing that they had lost perspective.

Mesereau said that Sneddon was so personally invested in pursuing Jackson's case that he misrepresented to grand jurors the potential motivation of a boy's family in accusing Jackson.

Mesereau said that Sneddon brought an attorney, Larry Feldman, before the grand jury and had him tell the panelists that a criminal prosecution of Jackson would diminish the chances for the boy's family to win compensation in a civil suit against the pop singer.

In truth, Mesereau said, a criminal conviction would mean that the family would be more likely to win a financial claim against Jackson.

"It goes without saying that if you obtain a criminal conviction, that will establish liability," Mesereau said. "Every lawyer here knows that if Mr. Jackson was convicted of these allegations, the alleged victims could walk into civil court and get a judgment."

He also cited Sneddon's personal role in investigating the Jackson case as well as his performance at a press conference announcing the singer's arrest.

But he said the entire district attorney's office was too zealous in the grand jury proceedings.

"They are too emotionally invested in getting a case against the celebrity.... They are blinded by zeal, blinded by emotion in deciding how to decide this case."

The judge expressed interest in one point raised by Mesereau that Sneddon might have to be a witness in the trial because of his personal role in investigating Jackson.

Deputy District Attorney Ron Zonen, as well as a representative of the state attorney general's office, suggested that Sneddon would not have to testify and that Mesereau's motion was not supported by law.

They said that Sneddon was merely fulfilling his role as a dedicated prosecutor and that he had no particular personal agenda in pursuing the case.

Jackson has pleaded not guilty to child molestation, conspiracy and administering an intoxicating agent, alcohol, to a boy. He is set to stand trial Jan. 31.