Media seeks access to Jackson jury communications

An attorney for the news media today demanded the release of transcripts from any closed hearings last week in the Michael Jackson case, citing a report that said the judge and lawyers have been meeting secretly to discuss questions from the jury.

Theodore Boutrous Jr, representing a coalition of news organisations, said that communications from the jury and requests for read-backs of testimony “are at the very heart of the trial and absolutely essential to understanding what is transpiring”.

Closing such discussions to the news media is plainly unconstitutional, he said.

The jury, which got the case late on June 3, entered a new week of deliberations today with no word from Superior Court Judge Rodney S Melville on what questions the panel reportedly has asked, or whether the jury has received any read-backs of testimony from the trial.

Boutrous cited a weekend report that said the judge had convened at least three secret meetings with attorneys on Friday after jurors asked a number of questions and requested a read-back of testimony by Jackson’s accuser. The report was attributed to unidentified sources.

“This clandestine approach patently violates the First Amendment,” he said in court papers.

He added: “To have the lawyers in this case apparently entering into the courthouse through a side door to attend secret hearings which produce secret communications to a deliberating jury in a criminal trial seriously risks undermining public confidence in whatever verdict the jury ultimately reaches.”

On Friday, court officials did not disclose any new communications from the jury since it asked one undisclosed question on June 6. Members of the media who were camped outside the courthouse door did not see the judge or lawyers enter or exit the building.

Loyola University law professor Laurie Levenson, who has been observing the trial, said the judge is ignoring California and US Supreme Court precedents and First Amendment law if it is keeping jury questions and hearings about them secret.

“Either you believe in public trials or you don’t,” she said. “But there should not be a Michael Jackson exception to the First Amendment. The judge is just triggering the rumour mill by doing this.”

The court later issued a statement confirming that there had been four conferences between the court and counsel regarding the case on Friday and at 11am jurors requested a read back of one witness’s testimony.

They submitted a question to the court early this morning but while lawyers discussed their response, it was withdrawn.

Legal analysts said the timing of the meetings on Friday, which were almost one hour apart, could infer that there was a dispute between lawyers regarding a legal question.