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Jackson’s Trial Won’t Start Soon

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Special to The Times

The judge presiding over the Michael Jackson child molestation case told lawyers Friday that he would like to see a trial begin by the end of this year. But defense lawyers and prosecutors said they aren’t close to even being ready to start a preliminary hearing.

With at least 10 months of legal maneuvering ahead, Santa Barbara County Superior Court Judge Rodney S. Melville seemed prepared for a long wait for the trial to begin.

“I would like to see this case be tried before the end of the year,” Melville said. “I say that carefully, because I know that may not happen.... I’m not making that a hard rule.”

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Attorney Mark Geragos replied that Jackson’s legal team is targeting December for a possible start date. Santa Barbara County Dist. Atty. Tom Sneddon, however, expressed doubt that that would be possible.

Geragos and Sneddon made it clear that they are not even close to picking a time for a preliminary hearing.

Jackson, 45, who is charged with seven felony counts of lewd behavior and two felony charges of providing an intoxicant to a minor for purposes of seduction, was excused from Friday’s hearing, set primarily to establish a preliminary hearing date.

But after hearing initial comments from both sides, Melville said it was clear that “neither side is prepared to go forward with a preliminary hearing at this point.”

He set April 2 as the time for a second effort at scheduling the preliminary hearing, the time when judges decide if there is sufficient evidence to proceed to trial.

Jackson, who has called the charges against him “a big lie” told in an attempt to extort money from him, is charged with molesting a 12-year-old cancer patient who was shown holding hands with him in a television broadcast last February.

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Though Jackson and his family stayed away from Santa Maria’s small courthouse compound Friday, about 30 people turned out to show their support for him. Their quiet demonstration and Jackson’s absence contrasted dramatically with a boisterous crowd of about 1,500 who showed up last month to cheer on Jackson as he emerged from an arraignment hearing to dance on the roof of a car.

Jackson could face more than 20 years in prison if convicted on all counts and given maximum consecutive sentences. But in recent weeks, his possible fate hasn’t been the only topic of debate in the ongoing saga. Some media reports have suggested that Geragos also may be on his way out as Jackson’s lead lawyer.

In what appeared to be an allusion to those reports, Sneddon explained the reasons for delaying a preliminary hearing partly because: “We know at certain points in time defendants decide to change attorneys.” Geragos himself argued for an amendment to a strict gag order imposed by Melville that Geragos said has prevented him from disputing false reports about Jackson and himself.

“In the last week alone, I’ve been fired and rehired five different times in the media,” he said. “I have felt constrained from answering, but all kinds of people with their own agendas are leaking to reporters on a regular basis.”

Melville said he will study any new proposals for modifying the gag order and also ruled on a series of motions from media attorney Theodore J. Boutrous Jr., who represents The Times and other major news organizations.

The judge agreed to release redacted information on seven telephone search warrants and other searches, including one in which 12 computer hard drives were seized from Jackson’s Neverland estate.

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“We are pleased that he is going to release at least some of the information from the warrants,” Boutrous said. “But we are also seeing a disturbing trend in this case in which both sides seem to presume that everything they file is secret instead of open to the public except for the very most sensitive information.”

Outside the courtroom, Geragos declined to comment on reports of his possible departure. But New York attorney Benjamin Brafman, recently brought into the case as co-counsel, said that there is no truth to the reports and that Geragos will be on the case until its conclusion.

Jackson fans cheered Geragos with cries of “We Love You” as he left the courthouse. Several had traveled from as far away as England and Spain to support Jackson.

“We’re not here to see him; we’re here to support him,” said Sonia Ricatte, a resident of England.

“Most people have convicted him before he’s even tried,” added Anthony Rucker, a Stockton resident. “Being a fan, I know how much love and compassion he has.”

As the small cluster of fans held banners outside the courthouse, a small plane flew over towing a banner that read, “Michael is 1000% Innocent.”

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Overend is a Times staff writer and Lagos is a correspondent. Times staff writer Zeke Minaya contributed to this report.

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