Jurors told what weight to give more than
130 witnesses, more than 600 pieces of evidence
on eve of jury deliberations
I L L U S T R A T I O N S B Y B I L L R O B L E S
“Members of the jury, you have heard the evidence…” Judge Rodney Melville began.
It took a day and a half for attorneys and the judge to hammer out the document, an hour and 20 minutes for the judge to read it — the inch-thick book of instructions for Michael Jackson’s jury.
The dense legalese of the instructions underscore the complexity of this case. The judge — stopping at one point to ask, “I read to my wife at night so that she’ll go to sleep. Am I having that effect here?”
A roadmap for juror debate over
Jackson's innocence or guilt
There are 10 counts in the indictment which is spelled out in the jury instructions, including conspiracy to commit child abduction, false imprisonment and extortion. There are four counts of lewd acts upon a child — two are the accusations made by Jackson’s accuser, two more relate to the incidents the accuser’s brother saw: Michael Jackson molesting his sleeping brother.
There is one count detailing an attempt to commit a lewd act upon a child. That’s based on the accuser’s claim that Jackson pulled the boy’s hand to the pop star’s crotch the night of the first alleged molestation. The boy says he pulled his hand away.
There are four charges of administering an intoxicating agent to assist in the commission of a felony, and the newly-added lesser offenses of furnishing alcohol to a minor which the jury may choose instead of the more serious felony counts.
No pity or prejudice, says judge
“You must not have pity for, or prejudice against the defendant” when considering the superstar’s fate, Judge Melville told the panel of eight women and four men. Same goes for public sympathy — it must not be an issue.
Melville also cautioned jurors not to infer anything from Michael Jackson’s not having testified in his own behalf.
If jurors determine Jackson has a history of sexual misconduct with boys, the judge said, “you may but are not required to infer that the defendant had a predisposition” to commit the crimes alleged in the current case. He also told jurors “that is not sufficient in itself to prove he committed the crimes charged.” This, an instruction regarding Jackson’s prior accusations.
The instructions covered scores of topics facing jurors, including the question of what constitutes a fact, the nature of evidence and instructions on how to weigh an opinion. It’s likely that by now, most jurors have already forgotten most of what they’ve heard, but the Xerox copies given to them by the judge will serve as a guide for navigating this difficult case.
Fans can't seem to
cheer a glum Jackson
Michael Jackson left court clearly grim — people saying he looked older, stone-faced. Today seemed light years from the moonwalking Jackson who climbed atop his SUV at last year’s arraignment. What a difference.
“He listened to the charges against him today and that made him a little upset,” said spokeswoman Raymone Baine. “He realizes that in the next day or two, there will be jury deliberations — and who wouldn’t be nervous?”
“He has had several emotions over the past few weeks,” said Beine. “He’s had anger, he’s been happy about some of the information that’s come out in court, he’s been nervous at times. It’s a very delicate situation to sit there and hear all of this and know that your life is in the balance. He has a strong faith in God,” said Baine, “and a strong faith in the judicial system.”
Opening arguments begin 8:30am Thursday,
deliberations start sometime Friday
Tomorrow morning, the prosecution will each begin the closing arguments, followed by the defense — four hours each — including the probable use of videotape ranging from Martin Bashir outtakes to the accuser’s accusations of molestation, made to police.
CBS News legal analyst Andrew Cohen says jurors will hear “prosecutors talking about the pattern of molestation and conspiracy, the defense talking about the pattern of extortion and this family’s manipulation of Michael Jackson. Obviously, this jury now has a stark choice between the two stories and eventually the jurors are going to have to pick one.”
Tonight, Jackson fans plan to hold a prayer vigil outside the gates of Neverland Ranch. More than a hundred fans, many from Europe, cheered Jackson’s arrival and departure. If he is convicted, a holding cell awaits the pop star at the Santa Barbara County Sheriff’s Department substation in Santa Maria.
If the jury convicts, the next few days may be one of their last chances to see their idol — perhaps for years.
Comments