Judge Rodney Melville ruled on Thursday July 21, 2005 that most items seized
from Michael Jackson’s Neverland Valley Ranch should be returned - but not
photos of the singer’s genitalia.
Prosecutor Tom Sneddon did not want the photos returned:
“I don’t believe it would be appropriate for the court to consider
(releasing) them. They were never entered into evidence.”
The judge agreed with Sneddon:
“I think (the photographs) are subject to the 1993 order and not subject to
this court’s order. I will be making an order that they will be maintained
under the previous order.”
The judge said a prior order dictates that those images must remain locked
in a safe-deposit box.
Sneddon also said he opposed returning what he characterized as “contraband”
seized from Neverland, near Los Olivos, during the search.
“Demerol, syringes, clothing that contained Demerol,” Sneddon said, listing
the items at Judge Melville’s request. “There was a number of prescriptions
that were in other people’s names.”
Sneddon said the prescriptions were for Xanax and various antibiotics, and
that one of the prescriptions was in the name of a Neverland employee.
Judge Melville ruled that items seized from Neverland and not entered into
evidence, including about nine computers, should be returned.
“Anything you have seized that was not brought to court and was not
contraband, should be returned to Mr. Jackson.”
The judge also ruled that all other seized items should be returned to their
owner, after the media has time to examine them. However, Melville indicated
he would not allow reporters to view numerous videotapes featuring Jackson,
the accuser’s family or both.
“Those have privacy issues and copyright issues and in all likelihood, I
would not order their release.”
Sneddon said he was concerned about returning adult magazines seized from
Neverland, because the items underwent a chemical fingerprinting process.
“They bear a seal on the binder that say they are toxic. I believe there
should be some kind of a release signed by Mr. Jackson … if he or one of
his children has a toxic reaction to one of those materials.”
Sneddon also indicated that the boy and the family who accused Jackson of
conspiracy and child molestation wanted some of their possessions returned,
including a jacket and watch that Jackson gave the youth. The family also
requested the return of their passports, birth certificates and visas, along
with applications for those materials. They also wanted several photographs
and books returned.
Michael Jackson’s defense had petitioned for the return of all items seized
from the singer. Attorney Stephen Dunkle represented Jackson in court
Thursday, but did not make oral arguments.
“The District Attorney and the Sheriff’s Department are not entitled to
retain seized property,” Dunkle wrote in his motion. “…This case is over.
Law enforcement is merely holding the seized materials for the Court and has
no independent right of possession.”
Source: Santa Maria Times