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Jackson Lawyers Want Court Closed
(AP) Adding to the extraordinary level of secrecy in Michael Jackson's child-molestation case, the singer's lawyers asked a judge to close the courtroom for all pretrial hearings on what evidence will be allowed at his trial.
Jackson's attorneys asked Friday that all pretrial hearings be held in the judge's chambers — including proceedings on the prosecution's request to present evidence that Jackson allegedly committed sex crimes over the years that went uncharged.
Jury selection is scheduled to begin Jan. 31.
Also, with less than a month before Michael Jackson's child-molestation trial is scheduled to begin, the Web site The Smoking Gun offered a behind-the-scenes account of the prosecution's case against the pop singer.
"If the harrowing and deeply disturbing allegations in these documents are true," The Smoking Gun reports, then "Jackson is a textbook pedophile, a 46-year-old predator who plied children with wine, vodka, tequila, Jim Beam whiskey, and Bacardi rum.
"A man who gave boys nicknames like Doo Doo Head and Blowhole and then quizzed them about whether they masturbated."
Jackson's attorneys argued that hearing matters such as possible sex crime evidence in open court could prejudice the jury pool by allowing the prosecution to introduce "inflammatory and unfounded testimony regarding alleged prior sexual offenses."
"The media coverage of this case is unprecedented, and it is certain that anything said in open court will be broadcast to any of the already summoned potential jurors," the lawyers wrote.
Theodore Boutrous, who represents a coalition of media organizations including The Associated Press, said he would oppose the request by Jackson's lawyers.
"It's really disturbing that they're seeking to close off all the proceedings this close to trial," he said. "The Jackson forces have sought to litigate this trial in secrecy."
"The standards for closing hearings are extremely high, and they clearly haven't met it," Boutrous said.
Superior Court Judge Rodney S. Melville could rule on the defense request at a Jan. 12 hearing.
Loyola University law professor Laurie Levenson called the motion "unbelievable."
"In no other case can I imagine this happening," she said. "There is a right of access to the courts even for pretrial hearings. As far as I know there is no celebrity exception to that rule."
The 46-year-old entertainer has pleaded not guilty to charges of molesting a boy, conspiracy and administering an intoxicating agent, alcohol, to the alleged victim at his Neverland ranch in Santa Barbara County.
The trial has been kept under a shroud of secrecy by Melville. The judge has issued a gag order that bars either side from speaking about the case publicly and has sealed virtually all documents, including some 14,000 pages of evidence filed by Santa Barbara County prosecutors.
The few that later have been released have been heavily censored. Even the indictment that charged Jackson was released heavily blacked out, removing most details of Jackson's alleged crimes and blotting out the names of his alleged co-conspirators.
Levenson said the defense was probably emboldened to make the unusual motion because Melville has been so stringent in imposing secrecy.
"They seem to think they've got a court who will take every step to ensure secrecy," she said. "Secrecy has been the rule, not the exception. It is turning the First Amendment on its head."
Boutrous has repeatedly filed motions to unseal documents and appeals are pending. "The Supreme Court has said over and over again that openness of the criminal-justice system is the best way to ensure fairness," Boutrous said.