| There is no support for such a radical new exception to the First Amendment " But none of them is identified by name
In a 50-page appeal filed Friday with the state 2nd District Court of Appeal, attorney Theodore Boutrous Jr "
Boutrous filed his appeal in spite of efforts by the prosecution, defense and judge to prevent the appeal from going forward on an expedited basis "
"In short, the time has come to lift the veil of secrecy that has hidden from public view for over six months the most basic details of the prosecution's case and Mr Appeal Urges Openness in Jackson Case
Jul 24, 5:32 PM EST
A media lawyer urged an appellate court to "lift the veil of secrecy" surrounding details of Michael Jackson's child molestation case and unseal hundreds of documents kept secret by the judge The boy who would subsequently accuse him of molestation was shown on the video holding hands with Jackson To find a substantial probability of prejudice here would allow every celebrity defendant to argue an indictment should be sealed so the world will not learn of his or her alleged bad acts
Boutrous referred to a long history of First Amendment legal precedents, including those in celebrity cases involving figures such as Martha Stewart and Clint Eastwood, which support the principle that court records should be presumed open
"By definition, an indictment always casts the defendant in a negative light," Boutrous said
The brief refers to a plan to "isolate the (blank) family and secure the cooperation of its members
All filed briefs seeking a delay "
He said the judge's rulings, if allowed to stand, would create special laws for celebrity cases "
Late Friday, Melville released heavily redacted versions of documents including one in which prosecutors opposed the defense motions to dismiss the charges "
It argues, "The evidence demonstrates prompt, coordinated action by those most intimately associated with defendant in his business and professional life to mitigate the public relations disaster that had befallen him " After a blacked out line, it continues, "Who if not defendant authorized and quarterbacked the team effort on his behalf?"
Whole pages of the brief are blacked out, including more than 20 pages that list the overt acts allegedly committed in the conspiracy and the evidence that supports them
"
Boutrous, who represents a coalition of media organizations including The Associated Press, said many of the rulings by Superior Court Judge Rodney Melville were based merely on the fact that Jackson is "a celebrity defendant" and "a figure recognized around the world In one document, the prosecutors referred to Jackson's alleged coconspirators as "his henchmen," "his hirelings," and "thugs asked the court not to allow special rules of secrecy for celebrity defendants
It suggests the prosecution's case will focus on an alleged conspiracy on Jackson's behalf designed to minimize damage done to him by a "Living With Michael Jackson" video broadcast on TV
Boutrous also asked for other rulings to be sent back to the trial court "with directions that it reconsider its other orders and rulings in light of the correct legal principles Jackson's attack on it," the appeal said, "so that the public can serve its traditional role as a vigilant guardian of fairness in the criminal justice system
The judge has suggested that release of information will make it impossible to find an unbiased jury for Jackson's trial
The appeal argued the judge has violated the First Amendment and the California Constitution by sealing most documents and imposing a sweeping publicity gag order |