By Lisa Sweetingham Court TV
SANTA MARIA, Calif. With Michael Jackson's child molestation trial coming to a close, the judge broke tradition Wednesday afternoon, forgoing the bench and taking a seat in the witness box, whisper-close to the jury panel, as he read instructions on the law that will guide them when they begin deliberations by week's end. "You know, I read to my wife at night so she goes to sleep," Superior Court Judge Rodney Melville joked at one point during the 90-minute reading of the instructions. "Am I having that effect here?" The jurors laughed, and the judge continued. Jackson sat quietly at the defense table. He opted not to take the witness stand during his 14-week-long trial. He appeared nervous. His spokesperson confirmed that he was. "He listened to the charges. It made him a little upset. It's natural. We're at the end of a long trial. Who would not be nervous?" Raymone Bain told reporters after court Wednesday. "He realizes his fate lies in the hands of 12 people. He's hoping they will acquit him of all charges."
Closing arguments will begin 8:30 a.m. Thursday and are expected to last two days. Defense attorney Thomas Mesereau and Deputy District Attorney Ronald Zonen have been given four hours each. The prosecution, which has the burden of proof, will have the last word. Prosecutors say that in spring 2003, Jackson sexually molested a 13-year-old boy with whom he became close after learning of the child's near-death battle against cancer in 2000. Prosecutors say that Jackson and five alleged, unindicted co-conspirators engaged in extortion, child abduction and false imprisonment of the boy and his family, in an attempt to isolate them from the prying eyes of the press and protect Jackson's sagging career. The conspiratorial plotting, prosecutors say, began after a damaging TV documentary showed Jackson holding the child's hand and telling the world that sharing his bed with children is a loving act. Jackson says he is innocent, and his defense has portrayed him as a naive 46-year-old man-child, who likens himself to Peter Pan and prefers the innocent friendship of children, in part due to overwhelming fame that robbed him of his own childhood. The accuser, who is now 15, took the stand to mixed reviews, telling jurors that Jackson masturbated him as they lay in the singer's bed on at least two occasions between Feb. 20 and March 12, 2003. He testified that Jackson repeatedly gave him wine, Bacardi and "Jim Bean," making it difficult for him to resist or remember specific details about the singer's alleged advances. The accuser's brother testified that he witnessed two incidents of molestation, catching Jackson fondling his brother while the child was passed out in bed. The 10 counts jurors must consider against the entertainer include four counts of committing a lewd act upon the boy, one count of attempting to commit a lewd act, four counts of administering alcohol to the child to assist in the commission of the lewd acts, and one count of conspiring to commit child abduction, extortion and false imprisonment. Jurors will not be sequestered. They will take their notebooks and a copy of the 98-page jury instructions with them when they begin deliberations, likely by Friday afternoon. Those instructions were hammered out between the judge and attorneys over two days of hearings this week. One of the most significant outcomes of the negotiations included the addition of a lesser offense: If the jurors unanimously decide that Jackson is not guilty of any of the four felony counts of administering an intoxicating agent, they may decide he is still guilty of the lesser misdemeanor charge of providing alcohol to a minor. "It's like poker," Jackson trial analyst Andrew Cohen told Courttv.com. "You don't know what these lesser includes mean unless you know what hand the jury is holding." While each felony alcohol count carries roughly two years' prison time, a conviction on the misdemeanors would result in fines and probation. "If they're leaning the defense way, prosecutors want the lesser charge because it gives them a chance at some sort of a conviction," said Cohen. "And if the jury's leaning toward the prosecution, then the lesser charge gives the defense a chance to minimize the damage." More than 200 people showed up by 6 a.m. Wednesday morning, hoping to win one of 45 courtroom seats made available each day in the public lottery. The record-breaking number will likely be surpassed in the days to come as fans and detractors — but mostly fans — arrive in sleepy Santa Maria to watch the final days of the King of Pop's criminal trial. |