Jackson D.A. Seeks to Use Past Alleged Offenses

Prosecutors in the Michael Jackson case signaled their intent Tuesday to introduce evidence from past, unproven child-molestation accusations lodged against the pop star.

In a 65-page motion, the prosecutors urged Santa Barbara County Superior Court Judge Rodney S. Melville to allow evidence of past alleged offenses to be heard by jurors in Jackson’s upcoming trial.

The entertainer is charged with molesting a 12-year-old boy and masterminding a conspiracy to cover it up. In 1993, authorities in Santa Barbara and Los Angeles counties dropped a case against Jackson after the family of an alleged teenage victim accepted a multimillion-dollar settlement.

Dozens of pages in Tuesday’s motion were blacked out, apparently to shield the identity of alleged victims and witnesses, both past and present. Prosecutors, however, did indicate they would introduce witnesses who would testify about past allegations when Melville considers their motion next week.

In most criminal trials, evidence of past offenses is inadmissible. But in 1995, the Legislature created Section 1108 of the state evidence code, which makes an exception in charges involving sexual abuse.

“It makes it much easier to get in evidence of prior sexual offenses,” said Laurie Levenson, a professor at Loyola Law School and a former federal prosecutor.

Judges must first, however, be convinced that the evidence is relevant in establishing a pattern of criminal sexual behavior by the defendant. Judges frequently accept this argument, Levenson said.

The prosecutors’ motion indicates they may use Jackson’s palatial Neverland ranch as a link between the 1993 case and the current case. Attorneys in the case are under a strict gag order.

In court, prosecutors have depicted Neverland as an elaborate backdrop for the seduction of children. Equipped with its own zoo, amusement park and video arcade, it is “a veritable paradise,” according to the motion filed Tuesday. “To children it was a limitless wonderland of fun and entertainment.”

Jackson’s attorneys are expected to argue vigorously against the motion. “If it’s granted, it would definitely be a blow -- but not a knockout blow -- to the defense,” Levenson said.

Jackson’s lawyers contend the current charges stem from a vendetta by Dist. Atty. Tom Sneddon and a shakedown attempt by the family of Jackson’s alleged victim. They also have said the singer regrets his past payments to settle lawsuits based on false accusations.