Judge Orders Jacko D.A. To Testify
In a highly unusual move, the judge in the Michael Jackson child-molestation case ordered the district attorney Friday to take the stand and explain a raid on a private investigator's office.
Superior Court Judge Rodney Melville wants to know if the seizure of videotapes and computer hard drives from investigator Bradley Miller's office in November 2003 violated Jackson's attorney-client privilege.
The defense says Miller was working for Mark Geragos, who was the pop star's lawyer at the time.
District Attorney Tom Sneddon said Friday he did not know Miller was working for Geragos when authorities with a search warrant broke into Miller's office with sledgehammers.
"I have nothing to hide," Sneddon said.
The judge said he wants to find out what Sneddon knew at the time.
"I have been very concerned about the factual issue, whether or not the district attorney ... knew Mr. Geragos was working for Mr. Jackson and knew that Mr. Miller had been retained by Geragos," Melville said.
The judge at first ordered Sneddon to cancel his vacation — a prepaid trip to Alaska for his 37th wedding anniversary — to testify July 27. He then suggested the defense try to accommodate the prosecutor, either with a videotaped deposition or an appearance at a later hearing.
It's very unusual for a prosecutor to have to answer questions from a defense attorney, to essentially become a witness himself in a trial he is prosecuting, says CBS News Legal Analyst Andrew Cohen. But there is no way to tell now whether this will be significant or not at trial. It all depends upon what Sneddon says and what the judge thinks about what he says.
If it turns out that Sneddon broke the rules, there are a number of things the judge could do, says Cohen. He could sanction prosecutors or block any of that evidence from coming before the jury -- even if it is relevant.
"So this is a side battle worth watching as the case proceeds toward trial,'' says Cohen.
Jackson fired Geragos in April. His legal team is now led by Thomas Mesereau Jr.
Jackson, 45, is charged with molesting a boy and plying him with alcohol.
Separately, an appeals court ordered Melville to reconsider whether the pop star's $3 million bail is excessive and should be reduced.
Last month, Melville refused to lower Jackson's bail, saying the singer's wealth justified the higher-than-normal amount. Jackson's lawyers, who had petitioned bail be reduced to no more than $435,000, appealed.
Criminal defense attorney Steve Cron said the appeals court was sending a message to Melville that he did not adequately explain his decision.
Cron said the penal code section cited in the appellate order does not mention a defendant's wealth as a criteria for setting bail.
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