Prosecutors in the Michael Jackson child molestation case claim defense lawyers have “grossly abused” the court process and have gone over the top by subpoenaing irrelevant confidential records of the young accuser’s family, including gynecological and other medical and psychiatric records.

They are also questioning the legality of the defense practice of instructing people who have been subpoenaed not to tell the prosecution about it, according to court documents released late Friday.

Prosecutors want Superior Court Judge Rodney Melville to review materials subpoenaed by the defense to determine if they are relevant to the case and to order defense lawyers to stop their “everything but the kitchen sink” approach.

Judge Melville will take up the matter at the next pretrial hearing on Nov. 29. The trial is scheduled to begin Jan. 31 with jury selection.

Mr. Jackson pleaded not guilty to child molestation and conspiracy charges in April.

Senior Deputy District Attorney Ron Zonen pointed out in the prosecution motion that the defense lawyers are demanding records for every member of the boy’s family, including his 4-month-old brother, and that there are no dates specified to limit what they get.

“The demand is for actual copies of X-rays, lab tests, MRI film, ultrasounds, gynecological records, billing records, examinations, medical diagnosis and history of medications,” Mr. Zonen stated. “There is nothing a medical institution can do to a patient or for a patient that is not demanded by the defendant’s subpoena.”

Lead defense lawyer Thomas Mesereau has already attacked the accuser’s mother’s credibility in court and repeatedly asserted that the allegations surfaced only after her failed attempt to get money from Mr. Jackson.

In addition to demanding medical and psychiatric records, the defense lawyers also subpoenaed financial documents, including information on bank accounts, deposits, withdrawals, 401(k) accounts, retirement accounts, trusts, corporations and joint ventures.

Mr. Zonen stated: “I have been asked by Mr. Doe, the victim’s stepfather, to seek the court’s intervention to curb what he rightly believes to be (the defense’s) unlimited and unrestrained access to personal and private records and materials, without judicial review of the documents . . . and without regard to whether such materials are relevant to the defense of the pending charges.”

The defense response to the prosecution motion has not been released.

Source: News Press

Category: Archive