Judge in Jackson Case Turns Down Mistrial Motion

The judge in the Michael Jackson child molestation case denied a defense request for a mistrial Friday and set a date for a hearing on whether to allow jurors to hear evidence of past allegations that the pop star sexually molested young boys.

Superior Court Judge Rodney S. Melville set the hearing for March 28 and said he probably would not allow witnesses, although he left that door open.

On Thursday, prosecutor Gordon Auchincloss led Jackson’s former housekeeper Kiki Fournier through a series of questions about the “special friendships” that Jackson had with boys. She testified that during her 12 years of off-and-on service, the pop star had formed such bonds and she named at least a dozen boys, including the current accuser.

Auchincloss then named a previous accuser who reached a civil settlement with Jackson. Defense attorney Thomas A. Mesereau Jr. promptly objected on the grounds that the court had yet to decide whether past allegations would be admitted.

Mesereau also made an unspecified motion that was revealed Friday to be a request for a mistrial, arguing that Auchincloss intentionally tried to reveal the boy’s name to the jury.

Dist. Atty. Thomas Sneddon denied any prosecutorial misconduct.

Melville sided with Sneddon, saying that Auchincloss’ action didn’t violate the judge’s orders.

The name that Auchincloss mentioned was one of the boys who reportedly accused Jackson of molestation. Jackson was never charged in the case but reportedly reached a settlement of millions of dollars with the family in 1993, after Los Angeles authorities opened an investigation into child abuse allegations.

A Santa Barbara grand jury also investigated charges involving a different boy around the same time, and Jackson reportedly agreed to a smaller settlement.

Melville could decide after the March 28 hearing whether those cases will be presented to the jury and whether the boys will be allowed to testify.

The jury had Friday off as motions were argued before Melville. Testimony is to resume Monday.

Melville said Friday that he would allow two key subpoenas dealing with Jackson’s financial affairs. The judge also decided that the defense and prosecution would jointly interview grand jurors to explain whether people wore gloves when handling adult publications during the proceedings that led to a 10-count indictment against Jackson.

Jackson, 46, is charged with molesting a 13-year-old at the star’s Neverland ranch in early 2003. He is also charged with four counts of administering alcohol to a minor to aid in the commission of a felony and with conspiring to keep the boy and his family from leaving the ranch.

The prosecution has argued that fingerprints prove Jackson and his accuser handled the adult materials, but the defense has maintained that the accuser was allowed to handle the materials during the grand jury proceedings.

The prosecution wants to call the grand jury foreperson to testify that witnesses wore gloves when handling the adult materials. The defense objected, arguing that other grand jurors could say different things.

*

Connell, a special correspondent, reported from Santa Maria. Muskal, a Times staff writer, reported from Los Angeles.