Sealing of Jackson Case Records Upheld

The judge in Michael Jackson’s child-molestation case properly sealed from the public grand jury documents, search warrant information and other records sought by the news media, a Court of Appeal ruled Wednesday.

The unanimous ruling by a three-judge panel in Ventura County might make it easier for judges in other criminal trials to seal public records. The decision came in response to a complaint by media representatives over what they said was an unprecedented amount of secrecy imposed in Jackson’s case.

In a ruling written by Justice Arthur Gilbert, the appeals court said the secrecy was warranted because the case involved minors, allegations of sexual abuse and unindicted co-conspirators.

He also said disclosure of the detailed alleged acts of molestation would have been highly prejudicial to Jackson.

“Judge Rodney Melville carefully balanced the defendant’s right to a fair trial and the public’s right to know,” Gilbert wrote. “He displayed sensitivity and insight into these issues, and he made rulings that gave him the flexibility to maintain that balance in an ever-changing environment.”

The ruling upheld Melville’s decision to seal all the documents at issue except for the indictment itself. That has since been made public, along with the grand jury transcripts. The appeals court said the indictment should have been readily available to the public with the names of unindicted co-conspirators edited out.

The 82-page affidavit giving the reasons for the search of the defendant’s home was properly kept from the public because it contained “graphic and detailed descriptions of Jackson’s alleged sexual misconduct with two minors, one in the present case and one in a prior case settled 10 years ago,” the court said.

A lawyer for the media complained that Wednesday’s ruling failed to check what he called Melville’s tendency to seal court documents first and later weigh whether they should be made public.

“There are still massive amounts of judicial records in the Jackson case that remain sealed,” said Theodore J. Boutrous Jr., who represented television networks, Associated Press and several newspapers, including The Times.

“I am concerned that the approach of the Court of Appeal will reinforce the notion that celebrities are entitled to secrecy when ordinary citizens would not be,” he said.

Chief Assistant County Counsel Stephen D. Underwood, who represented Santa Barbara County in the case, said the ruling was a significant decision on the ability of judges to seal public records in criminal trials. But he added that the unique circumstances of the Jackson case might make the ruling less relevant to other criminal trials.

“Who the defendant is does matter; whether it should or should not is not for me to say,” Underwood said. “When dealing with allegations of sexual molestation and minor victims, there is a need for a little more sensitivity.”

Boutrous said the media might appeal Wednesday’s ruling.