Prosecutors are seeking to admit evidence of Michael Jackson’s “prior sexual offenses” in his trial for child molestation, but the nature of the material was kept secret by the judge.
Santa Barbara County prosecutors said they wanted to use the evidence to show that the 46-year-old pop star, who is accused of sexually abusing a young boy at his Neverland Valley Ranch, has a “propensity” for committing such crimes.
“This evidence will be offered to prove the material, relevant issues of defendant’s intent, motive, opportunity and common plan or scheme to commit the charged offenses,” Deputy District Attorney Gerald Franklin wrote in court papers filed Monday and made public late Tuesday.
“In addition, this evidence will be used to rebut (Jackson’s) stated defense that the charged offenses were fabricated by the victim and his family for financial gain.”
This case marks the first time Jackson has been arrested and formally charged with a sexual offense. In the mid-1990s a young boy accused Jackson of molesting him, but an out-of-court settlement was reached. Jackson was not taken into custody and charges were never filed.
In the 65-page motion filed with Superior Court Judge Rodney Melville, prosecutors spelled out the “evidence of prior sexual offenses” they want to use against Jackson. The judge blacked out those pages before releasing them to the press.
Jackson’s defense team has not yet filed a response and is barred from speaking publicly about the matter by a judge’s order. Melville has imposed tight secrecy in the case, keeping much of the evidence under wraps despite legal challenges from the media.
Earlier, lawyers for Jackson asked the judge to delay the trial, saying prosecutors have made it impossible to prepare a defense in time.
Defense lawyers said prosecutors have recently turned over 22,000 pages of discovery material that must be analyzed and supplied them with a witness list that includes people who don’t exist.
They also argued, in court papers submitted Dec. 10 and made public Tuesday, that a raid on Jackson’s ranch this month shows prosecutors were still investigating the case.
“The defense is hesitant to, in essence, give the district attorney what he wanted by requesting a continuance,” Jackson’s attorneys said in the court papers. “However, given the facts articulated below, it has become clear that a continuance is necessary to protect Mr. Jackson’s right to a fair trial.”
Meanwhile, Melville has ordered a member of Jackson’s defense team to appear in his courtroom next week to explain why he should not be held in contempt of court for remarks he made to a New York newspaper.
Prosecutors asked that attorney Brian Oxman be held in contempt for speaking about the case to a reporter for the New York Post, which they claim violated Melville’s “gag” order.
Jackson, charged in a 10-count indictment with child molestation and conspiracy, is scheduled to stand trial on Jan. 31. He has pleaded not guilty.