The attempt to admit the photographs stems from a 1993 molestation investigation into Jackson.
When prosecutors were trying to gather evidence against the singer at the time, they served a subpoena at his home that allowed them to photograph his genitals. They then had the accuser draw a picture of what he thought Jackson’s genitals looked like.
Prosecutors claimed the picture contained a blemish that was unique.
Arguing for use of the pictures, Senior Deputy District Attorney Ron Zonen said it would show that Jackson’s relationships with boys were “not casual.”
But defence attorney Robert Sanger called the photographs an “unfair surprise” and cited a US Supreme Court decision which says a judge is supposed to avoid dramatic evidence at the end of a trial that could be prejudicial.
The boy in the 1993 investigation and his family eventually received a multimillion-dollar settlement from Jackson and no charges were filed. That boy is now a young man and has been unavailable to serve as a witness in Jackson’s trial.
In another ruling, the judge said prosecutors can play a videotape of the accuser’s original police interview in 2003 in a bid to show that the boy has been consistent.
Defence lawyers said that if the prosecution shows the tape, the defence would want to call the boy back for questioning.
Jackson, 46, is denies molesting the boy in February or March 2003, giving him wine and conspiring to hold his family captive to get them to rebut a documentary in which Jackson appeared with his accuser.