Jackson Case to Grand Jury?

Wed., Mar. 10, 2004 5:20 PM PST by Joal Ryan

Will the Michael Jackson molestation case moonwalk straight to trial?

Not quite. But a newspaper report says prosecutors are moving toward calling a grand jury, rather than airing their case in the open court of a preliminary hearing.

The Santa Barbara News-Press says summonses went out to potential jurors this week. Officials are looking at seating 19 people to hear evidence and witness testimony in the Jackson affair, the paper says.

Susan Tellem, spokeswoman for the Santa Barbara County District Attorney's Office, confirmed a grand jury has been convened, but noted that it's been done in the name of "normal operations." A grand jury is seated in the county four times a year.

Tellem could not confirm nor deny whether the panel would hear evidence in the Jackson case. This is in part because grand juries meet in secret, only revealing their actions if and when indictments are handed down. Additionally, both prosecutors and defense players in the Jackson case are under a gag order.

A call seeking comment on the grand-jury report from Jackson attorney Mark Geragos was not immediately returned Wednesday.

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Jackson, 45, is accused of molesting a child under the age of 14 at his Neverland Ranch, and plying the child with an intoxicating substance, reputedly wine. His alleged victim is believed to be a young male cancer victim featured in the controversial 2003 documentary, Living with Michael Jackson.

The next hearing in the case is set for April 2. The judge has said he wants to see the matter go to trial this year.

Of course, before going to trial, prosecutors must first try their evidence, and prove to either a judge (during a prelim) or a grand jury that they've got the goods to warrant a full-blown courtroom drama.

Jean Rosenbluth, assistant professor of law at the University of Southern California, says it's rare for non-federal cases, such as Jackson's, to go the grand jury route.

The advantage for prosecutors in a grand jury setup? No distractions. It's just the prosecutors and jurors--no judge, no accused, no defense lawyers, no reporters.

In a prelim, "everything you put on is going to scrutinized and counter-scrutinized," Rosenbluth says.

The advantage for the defendant in a grand jury? None, really. "You hear the saying grand juries would indict a ham sandwich," Rosenbluth says. "I don't think it's that flagrant. But they [the grand jurors] sit for a while...and they are just hearing what the prosecutors tell them."

Jackson was charged on Dec. 18 with nine felony counts. He has pleaded innocent, and, thanks to a $3 million bond, remains free to roam Wal-Marts in ski masks.