Jackson jurors 'may consider past allegations' - Judge

The judge in Michael Jackson’s child molestation trial said jurors may consider allegations of past wrongdoing against the pop star as long as they conclude the allegations are true.

The decision was one of several reached yesterday by Judge Rodney S. Melville as he and lawyers in the case tried to work out instructions the jury will receive before beginning deliberations, likely this week. Jackson was not in court.

Melville planned to finish hearing arguments from the lawyers today, then bring the jurors back into court to give them their instructions. He scheduled closing arguments to begin tomorrow.

Another instruction approved by the judge addressed the importance of the TV documentary Living With Michael Jackson, in which Jackson’s accuser appeared with Jackson and the pop star said he allowed children to sleep in his bed in an innocent, non-sexual way.

“I’m willing to give …. The instruction the video of Living With Michael Jackson is not offered for the truth of what is said except for certain identified passages,” the judge said.

“The rest is considered hearsay and you can only consider that it aired and its impact if any on Mr. Jackson,” he added.

The passages the judge referred to were not specified in open court.

Prosecutors and defence attorneys also debated what the jury should be told about judging Jackson based on the past allegations against him.

Melville said he would tell the jurors they could consider the alleged past acts if they “tend to show intent” on Jackson’s part with regard to the crimes with which he is actually charged.

However, the jurors will have to decide whether the allegations of past acts - which never resulted in any criminal charges – were true.

“Evidence has been introduced for the purpose of showing the defendant committed crimes other than those for which he is on trial,” the approved instructions read.

“This evidence, if believed, may be considered by you only for the limited purpose of deciding if it tends to show a characteristic plan or scheme to commit acts.”

The allegations that Jackson gave his accuser wine will be under a separate category called “lesser included offences,” which would allow jurors to find Jackson guilty of a misdemeanour of giving alcohol to a minor, even if he were acquitted of molestation.

The original indictment against Jackson alleged that alcohol was administered to assist in the alleged molestation.

Jackson, 46, is charged with molesting the then-13-year-old boy in February or March 2003, giving him wine and conspiring to hold his family captive to get them to rebut a damaging documentary about the pop star.

Jackson denies the charges. The trial continues.