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Jackson won't be able to settle this time
AP | 11/20/03 | LINDA DEUTSCH and TIM MOLLOY

Posted on 11/20/2003 3:19:33 AM PST by kattracks

LOS ANGELES (AP) — Charges against Michael Jackson won't be derailed by a settlement, a prosecutor says, and the reason is a law passed in response to the last time the pop singer was accused of molestation, when the accuser refused to testify.

"It is an irony," Santa Barbara District Attorney Tom Sneddon said in an interview with The Associated Press. "The history of the law is that the L.A. district attorney's office carried the legislation as a direct result of the civil settlement in the first investigation."

Sneddon baffled legal experts when he seemed to imply in a nationally televised news conference Wednesday morning that state law had changed since the 1993 case so that prosecutors could force minors to testify. In that case, Jackson's alleged victim refused to testify against him after reportedly receiving a multimillion settlement from Jackson.

"The law in California at that time provided that a child victim could not be forced to testify in a child molest proceeding without their permission and consent and cooperation," Sneddon said. "As a result of the (first) Michael Jackson case, the Legislature changed that law and that is no longer the law in California."

But Sneddon later told the AP he was referring to a change that allow prosecutors to intervene in a civil action and stop it, removing the monetary incentive for someone to wait for the outcome of a civil case before they decide whether to testify in a criminal trial.

"The practical effect is that they cooperate" with prosecutors in the criminal case, he said.

Sneddon said he was aware that children cannot be forced to testify, and that reporters and other attorneys had misinterpreted his remarks at the news conference.

Loyola University Law Professor Laurie Levenson said she was fielding calls all day from members of the legal community and other professionals who deal with molestation victims who were baffled by the district attorney's comments.

"I think he misspoke and he was confusing," Levenson said. "In a case of this magnitude with this much media attention, there is a responsibility to be more precise."

"This could affect other potential victims who wonder if they come forward will they be forced to testify. It is a bad message and it's not a good first impression. ... Everyone interpreted him as saying he could now force witnesses to testify. It was a disservice in that what he said may be scaring off other victims."

Sneddon's mention of compelling testimony was especially puzzling, legal experts said, because he also stated that the child now making allegations against Jackson is willing to testify and has no plans to bring a civil suit.

If Sneddon's interpretation of the law is accurate, it could be a significant boon to prosecutors, said Donald Steier, an attorney who has represented several priests accused of molestation.

"It's an area of law that has really changed dramatically in the last few years through legislation that makes it a lot easier to prosecute molestation cases," he said. "This might be another example of the shift toward easing the burden of the prosecutor."



TOPICS: Crime/Corruption; Front Page News; News/Current Events
KEYWORDS: childmolestor; jackson; jackson5; michael; michaeljackson; mj; molestor

1 posted on 11/20/2003 3:19:34 AM PST by kattracks
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To: kattracks
Funny, but isn't there this silly little thing in the Constitution about the right of the accused to face their accusor...

So someone who makes the charge they were abused should have to appear in the trial.

I know, that silly ole constatushathingy.

2 posted on 11/20/2003 3:49:19 AM PST by Ophiucus
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To: Ophiucus
You get that nervous feeling, too?

I think we are treading on dangerous ground with this. And believe me, I am no Jacko fan.
3 posted on 11/20/2003 4:15:33 AM PST by Ronin (Qui docet discit!)
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To: Ronin
Dangerous ground? How so?

I'm no Jackson fan either but whoever the accused is, I think the accusor should show up for the trial. (Rather than the lawyer's office to pick up a 20 million dollar check....)

4 posted on 11/20/2003 4:25:43 AM PST by Ophiucus
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To: kattracks
You know the Democrtaic presidential candidates have got to be feeling 'stood up' by the media.

All the Michael Jackson stories will ocupy the media, which always seems to go for the easy stuff. It's easy to beat a known story to death rewording it ad nauseum than to actually get out and do some reporting.

5 posted on 11/20/2003 5:04:34 AM PST by capt. norm (The Clinton motto: "Nothing is official until it has been denied.".)
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To: kattracks
What Jackson appears to be doing is paying the parents of these very young boys a lot of money in return for their turning their sons over to him to molest.

Not speaking of the current accuser and his parents, but as for the other parents of other boys, we know that if they were confronted with my statement above, they would act surprised and claim ignorance of what is going on when Jackson is alone with the helpless victims.

The parents are selling their sons into prostitution. Prostitution = slavery. In this case, Jackson is the purchaser of the slaves.

How perfect.
6 posted on 11/20/2003 5:06:44 AM PST by Devil_Anse
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To: kattracks
I heard the comment. He said that, previously, a victim couldn't be compelled to testify. He then said, but the law had been changed. He didn't say specifically what the law had been changed to.

Want to become an instant millionaire and have a minor child? Let the child stay overnight with by Jackson.

7 posted on 11/20/2003 5:17:41 AM PST by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: kattracks
Sneddon's mention of compelling testimony was especially puzzling, legal experts said, because he also stated that the child now making allegations against Jackson is willing to testify and has no plans to bring a civil suit.

More than likely, Sneddon was using the press to speak directly to Jackson and his lawyers; telling them to not even try to contact the family.

I'm not sure I understand the "experts'" puzzlement. Couldn't anyone have asked Sneddon to clarify his statements, maybe even before deciding to print them?

8 posted on 11/20/2003 5:18:31 AM PST by Mr. Bird
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To: capt. norm
And the DU'ers will say this was a Bush plot to divert attention away from Iraq.
9 posted on 11/20/2003 5:26:05 AM PST by Guillermo (Go 'Dawgs, Sic 'Em!)
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To: kattracks
All I wanna know is how is it that this faggot child molester manges to "negotiate" the terms and conditions of his arrest?

Damn, we have a couple of joints in our possession and, "up against the wall", and "slam"...the door closes!

10 posted on 11/20/2003 6:16:46 AM PST by NMFXSTC
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To: kattracks; Ronin; Devil_Anse; William Terrell
What I'm trying to figure out is why there are no charges against the parent?

Could you imagine what a prosecutor in California would do to a parent who had a child accidentally killed by a gun in the house once, and then had the same thing happen again years later?

I mean, HELLO!!! The dude is creepy, weird and way too friendly with children. KEEP YOUR KIDS AWAY FROM HIM.

This "no charges against the parent" observation leads to another observation: Where were the authorities? I mean, you're watching the guy, you see kids going in and out. In their position, I would have warned the parents. It seems like this was NOT done.

Was the prosecutor Dom Sheldon (Tom Sheddon) hunting over a bait pile? I think this is personal payback for Whacko Jacko's beating the prior rap and his little "Dom Sheldon" song. That's an abuse of the system, though I agree with Bob & Tom.

11 posted on 11/20/2003 6:37:42 AM PST by an amused spectator (How ya gonna keep 'em down on the farm, once they been to the Internet?)
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To: capt. norm
All the Michael Jackson stories will ocupy the media, which always seems to go for the easy stuff. It's easy to beat a known story to death rewording it ad nauseum than to actually get out and do some reporting.

Yeah, like the same thing wont happen here on FR with hundreds of Jacko(ff) threads. (sigh) /sarcasm

12 posted on 11/20/2003 6:41:16 AM PST by BureaucratusMaximus (if we're not going to act like a constitutional republic...lets be the best empire we can be...)
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To: an amused spectator
I agree with you that the parents definitely need to be held accountable. Jackson could not get away with these things but for the greed of some of these kids' parents.

Which brings us to Jackson's own kids... the Grow Your Own Victims Program... he's not the first pedophile to use such a "program".

While it is certainly possible that the DA has it in for this freak, I just hope people don't make a snap judgment on that. Jackson has powerful tools of propaganda at his fingertips. Apparently he's already released one song about this. It's almost like the DA has lost b/f he ever had a chance to carry this through--if we assume that the DA is doing this only out of vengeance. I kind of doubt that. I think Jackson, like many a rich person (thinking, for example, of the Kennedys), desires to control the law enforcement agencies in their home "fiefdom", so that they can break laws with impunity.

When Teddy Kennedy had that drunk driving accident in which Mary Jo Kopechne was left to drown, the Kennedy henchmen, including one of their many loyal cousins, Joe Gargan, moved in and immediately took control of the local police authorities. I'm sure Jackson would like to have the same power in his own home county/state. Failing that, his propaganda machine will simply try to discredit and demonize the local DA.
13 posted on 11/20/2003 2:50:29 PM PST by Devil_Anse
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To: Ophiucus
I don't think minors can press charges so technically they are not the accuser, their parent or legal gaurdian would be.
14 posted on 11/20/2003 3:03:51 PM PST by discostu (You figure that's gotta be jelly cos jam just don't shake like that)
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To: NMFXSTC
If he was onsight they'd have probably done that, but he was outside the state of CA which means extradition paperwork (even for a normal person getting busted for possession), of course being a guy with a lot of money he could pretty easily stay one step ahead of the extradition paperwork probably eventually landing in the apartment next to Roman Polanski. Much better to negotiate him turning himself in.
15 posted on 11/20/2003 3:08:59 PM PST by discostu (You figure that's gotta be jelly cos jam just don't shake like that)
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