Closed Court Sought for Young Jackson Witnesses

Prosecutors in the Michael Jackson case are asking a judge to bar the public from the courtroom during the testimony of children in the pop star’s upcoming child-molestation trial.

Jackson’s alleged victim, now 15, is expected to take the witness stand, as is his brother, who is a year younger.

Jackson, 46, has pleaded not guilty to charges that he sexually abused the older boy in 2003 and conspired to cover it up. He is free on $3-million bail.

Jury selection in his trial is to start Jan. 31.

It was unclear Wednesday why prosecutors want proceedings involving the children to be held in secret. Their motion was not yet available, although a related court document described it in general terms.

Some legal experts said such a move would raise questions about the public’s right to an open judicial system.

“The only reason for it that I can imagine is that somehow the children would be intimidated or distracted by the large group of adults in the courtroom,” said Robert Pugsley, a professor at Southwestern Law School in Los Angeles.

“But it seems to me that if they’re competent to give testimony in a matter with this degree of seriousness, then the courtroom should be opened.”

On the other hand, Tom Lyon, an expert on child-molestation cases who teaches at USC Law School, said a U.S. Supreme Court ruling allows the practice.

“The reason you don’t see it very often is that there’s little media interest in most cases involving children,” he said.

“In this case, because there’s so much interest, the state has an even stronger interest in keeping children from being subject to humiliation.”

A media coalition that includes the Los Angeles Times will oppose the motion when it is discussed at a Jan. 28 pretrial hearing.

“It would be extraordinary if crucial testimony in a case like this was done behind closed doors,” said Theodore Boutrous Jr., a Los Angeles attorney representing the media group.

“It would be very surprising if the court were to permit this closure.”

On Thursday, sources confirmed an ABC News report that Santa Barbara County Superior Court Judge Rodney S. Melville had given Jackson permission to make a public statement about his case.

The statement is intended to cast recent leaks of purported grand jury testimony as an attempt to prejudice prospective jurors, the sources said, adding that Jackson has been interviewed by TV journalist Geraldo Rivera.

Jackson’s statement is expected to air before jury selection begins.