Jackson faces charge of giving alcohol to minor

THE judge in Michael Jackson’s child molestation trial decided yesterday to let stand an instruction that would allow jurors to potentially find Jackson guilty of a misdemeanour count of giving alcohol to a minor.

The decision came as the prosecution and defence argued for a second day over what should be included in the jury instructions.

Closing arguments are set to begin today and the jury is expected to get the case Friday. Jackson’s indictment alleges he gave alcohol to his accuser in order to commit felony molestation.

But Judge Rodney Melville decided yesterday that the alcohol allegation could be a “lesser included offence”, meaning jurors may consider convicting Jackson of simply providing alcohol to the boy.

Yesterday, the defence revisited the issue and tried to get the instruction removed, but Mr Melville did not change his mind.

On Tuesday, Mr Melville approved an instruction involving the TV documentary Living With Michael Jackson, in which Jackson’s accuser appeared with the pop star and Jackson said he allowed children to sleep in his bed in an innocent, non-sexual way.

The judge said he was willing to tell jurors the video was “not offered for the truth of what is said except for certain identified passages”.

He said jurors would be told the rest of the video should be “considered hearsay”. The passages the judge referred to were not specified in open court.

Prosecutors and defence lawyers also argued over what the jury should be told about judging Jackson based on allegations of past wrongdoing.