Sept. 13 Is Chosen for Start of Jackson Molestation Trial

A judge Friday set Sept. 13 as the start date for the Michael Jackson child molestation trial, putting prosecutors and the defense on notice that he would strongly resist efforts at delay.

The date set by Santa Barbara County Superior Court Judge Rodney S. Melville is months ahead of the timetable most legal experts had been predicting. Even the same judge had said earlier that he hoped the trial could start by the end of the year.

But he conceded the date could change.

Reacting partly to contentions by Jackson’s lawyers that they need months to study prosecution evidence, Melville made it clear he would make it as difficult as he could for either side to postpone the trial. Traditionally, defendants free on bail see advantages to postponing trials as long as possible.

“It’s critical I set a trial date,” Melville said. “I understand the problem. It may be necessary to change the date later. But someone has to set the goal, to get things going.”

Melville’s emphasis on moving toward trial came at a hearing Jackson did not attend, and only a handful of his supporters gathered outside the small courthouse in this northern Santa Barbara County city. An equal number of child-abuse activists showed up to support the alleged victim.

Jackson, 45, has been free on $3-million bail since his arrest in November. He is charged with 10 felony counts in a grand jury indictment that accuses him of child molestation, attempted child molestation, supplying intoxicants to a minor to seduce him, and conspiracy to commit child abduction, false imprisonment and extortion.

After firing his two lead attorneys, Mark Geragos and Benjamin Brafman, last month, Jackson retained Thomas A. Mesereau Jr. as his new lead attorney.

Mesereau and attorneys Steve Cochran, Robert M. Sanger and Susan C. Yu, the pop star’s new legal team, challenged the bail amount.

“Mr. Jackson has no criminal record, is deeply established in this community and has no intention to flee,” Mesereau said. “The bail in this case is grossly inaccurate. When the charges were first filed, it was 43 times the amount called for in Santa Barbara County bail schedule.

“The bail schedule for second-degree murder of a policeman in this county is $500,000,” Mesereau continued. “For crimes involving weapons of mass destruction, it is $1 million. In Los Angeles, murder is typically a $1-million bail offense. I suggest the bail for Mr. Jackson is unconstitutional.”

Defending the $3-million bail, prosecutors told Melville they believe Jackson will begin to think increasingly of fleeing to another country as he reflects on what it might be like to spend a long sentence in state prison. The maximum combined sentence for all counts in the indictment is just under 20 years.

Melville said he would rule on the bail issue later. He also ruled on several disputes, pushing both sides to turn over all information they are required to share before trial. He also agreed to consider several media motions to open sealed or edited documents to the public.

They include the transcript of the grand jury proceedings that led to Jackson’s indictment and the indictment itself, portions of which are blanked out to obscure the names of five unindicted co-conspirators and 28 specific acts pertaining to the alleged conspiracy.

Urging Melville to loosen his strict adherence to almost total secrecy in the case, Theodore J. Boutrous Jr., representing a coalition of national news organizations including The Times, argued that pretrial publicity doesn’t prevent potential jurors from rendering fair verdicts. Melville said he would consider the issue further, but ordered no changes for now.