Jackson Case Panel Asks About Sexual Orientation : Grand jury: An employee of the singer says he was questioned about the star and about himself. The witness’s lawyer calls the inquiries improper; some experts dispute him.

Prosecutors investigating allegations that Michael Jackson sexually molested a 13-year-old boy asked a witness to tell a grand jury about Jackson’s sexual orientation and to testify about his own sexual orientation as well, according to sources familiar with that witness’s testimony.

The witness, an employee of Jackson who appeared before the Santa Barbara County Grand Jury recently, told his lawyer about the questions, and that attorney fired off an angry letter to the Santa Barbara County and Los Angeles County district attorney’s offices in response.

In his letter, lawyer Richard M. Steingard accused prosecutors of exceeding the proper limits of grand jury questioning. Steingard wrote that grand jury questions must be limited to evidence that would be admissible in court--a contention that legal experts disputed even as some expressed reservations about inquiring into a witness’ sexual orientation.

“One would think that prosecutors of your stature would, at a minimum, know this to be the law and attempt in your questioning of witnesses to comply with this rule,” Steingard wrote. “Based on the above, you apparently believe that the questioning of a witness has no limits or boundaries and that anything, even a witness’ sexual preference, is fair game.”

Steingard’s letter is the latest in a series of criticisms leveled at prosecutors in Los Angeles and Santa Barbara who are investigating the allegations against Jackson. The entertainer’s lawyers have regularly attacked the slow pace of the inquiry, which was launched last summer, while ministers, civil rights activists and other Jackson supporters have added their criticisms as well.

Suzanne Childs, a spokeswoman for the district attorney’s office, said officials there could not comment on the allegations raised in Steingard’s letter. Prosecutors are prohibited by law from discussing any matters that are before a grand jury--even to confirm that a grand jury probe is under way.

Legal experts, meanwhile, disputed Steingard’s reading of the law about the limits of grand jury inquiries.

“The grand jury is given powers that we do not give police or prosecutors . . . and it may ask a broad range of questions whose relevancy might not be clear until other evidence is gathered,” said Peter Arenella, a UCLA law professor who has extensively researched issues related to grand juries. “For the most part, the grand jury can ask whatever it wants.”

During grand jury inquiries, prosecutors generally question witnesses, but jurors also can ask questions.

Several experienced lawyers said they considered it highly unusual for prosecutors to inquire about a witness’ sexual orientation. One area of particular concern, they noted, is that state grand jury transcripts become public documents if the subject of the inquiry is indicted. As a result, the information about the witness’ sexual orientation could become public if Jackson were indicted.

Steingard’s letter indicates that his client was asked about three topics he considered objectionable: the sexual orientation of Jackson, the sexual orientation of Jackson associates and the witness’s own sexual orientation.

“The grand jury can ask questions that are relevant to the inquiry,” said Donald M. Re, an experienced criminal defense lawyer. “Given the nature of this case, the first two questions may be proper. . . . The third question, ‘Are you yourself gay?’ gets a lot closer to the line.”

Harland W. Braun, another defense attorney who also is a former prosecutor, agreed, saying he believes the district attorney could explore the topic of Jackson’s sexual orientation.

As to the question about the witness’s orientation, Braun called it “close to the edge.”

Under most circumstances, asking a witness about his or her sexual orientation would almost certainly be irrelevant during a trial, legal experts agreed. But even in that context, a witness’s own statements might make it relevant. For example, if a witness described impressions of Jackson’s conduct or conversations about homosexuality, the witness’s own perspective on that topic might be deemed relevant in court.

Steingard declined to comment Wednesday on the questions that were posed to his client during his grand jury appearance. But Steingard confirmed he had sent the letter to the district attorney’s office and said he stood by the statements in it.

“In general, to ask questions of grand jury witnesses about sexual orientation I think is outrageous,” he said. “I cannot fathom any circumstance in which that would be proper.”

Howard Weitzman, one of Jackson’s lawyers, said prosecutors have “spent considerable time, money and energy to construct a case that does not exist.” Although the lawyer said he did not know whether a witness had been questioned about Jackson’s sexual orientation or his own, Weitzman added: “If what (Steingard) claims in that letter is true and the investigation is now down to that level, it is a real sad commentary on the prosecution in this case.”

The case has been under investigation since last summer, and an array of witnesses, including Jackson’s mother, have been forced to appear before grand juries meeting in Los Angeles and Santa Barbara. Authorities in the two counties are conducting investigations because Jackson allegedly molested the boy in both jurisdictions.

At a meeting with the courthouse press corps March 15, Los Angeles County Dist. Atty. Gil Garcetti said he expected the Jackson investigation to be concluded within a month or so. Sources familiar with the case now say they expect it to conclude by the end of April.