Jackson Judge Delays Ruling on Raising Past Allegations

The judge in the Michael Jackson case on Wednesday postponed a decision on whether prosecutors may bring up past, unproven accusations of child molestation against the pop star.

However, Santa Barbara County Superior Court Judge Rodney S. Melville ruled that arguments on the crucial issue will be heard in open court. Jackson’s attorneys had urged the judge to keep the proceedings secret to avoid prejudicing prospective jurors.

Melville announced his positions at an hour-long pretrial hearing in the case. The trial is set to begin with jury selection Jan. 31. Jackson, 46, has pleaded not guilty to charges of molesting a 12-year-old boy and conspiring to cover it up.

To bolster the charges, prosecutors want to present evidence showing that Jackson has sexually abused boys in the past. In 1993, Jackson was investigated by two grand juries for allegedly molesting a Los Angeles teenager, but that case fell apart after a multimillion-dollar settlement with the boy’s family.

Under a 1996 California law, judges often allow such “propensity” evidence in trials of alleged sex crimes. However, Melville told prosecutors Wednesday that if he rules in their favor, they would not be able to tell jurors about the past accusations until they had presented their case on the current charges.

“I feel strongly about this,” he said. “I’ve had at least one bad experience as a judge allowing evidence of this type.”

Melville recalled when jurors in his courtroom had raptly listened to evidence of a defendant’s past alleged sex offenses before hearing evidence in the case, only to have the evidence proved inadmissible. Melville had to grant a new trial.

“I’d created a miscarriage of justice,” he said. “I’m going to school here on myself.”

Melville said he’ll hear arguments about admitting the past allegations after the jury is picked -- a process that will take about a month, according to lawyers on both sides.

The 1996 law was intended to help prosecutors win convictions in sex cases, its author said in an interview.

“A lot of times, prosecutors were stymied by repeat child molesters,” said James Rogan, a former assemblyman and congressman who has been both a prosecutor and a judge. “I wanted them to have this tool in their arsenal.”

Allowing such evidence helps level the playing field, Rogan said, pointing out that a lack of witnesses and physical evidence often makes molestation cases difficult to win.

But defense attorneys contend the law can be unfairly used to make a weak case seem stronger. In defense motions, Jackson’s lawyers have argued that raising the past allegations only proves Dist. Atty. Tom Sneddon’s intent to “get” Michael Jackson.

Melville’s decision to open the hearing was a victory for media groups that have unsuccessfully sought to unseal the Jackson indictment, more than 100 search warrants, grand jury transcripts and other documents.

In court, the judge said a California Supreme Court ruling underscored the need for such hearings to be public. That ruling came after a judge closed proceedings in a civil case involving actor Clint Eastwood.

Melville’s decision was praised by Theodore Boutrous, an attorney for news outlets including the Los Angeles Times.

“I’m pleased but not surprised,” Boutrous said. “The law is quite clear on this point.”