Will a Juror Be Dismissed From the Jackson Trial?
May 5, 2005 — -- Serious questions about one of the jurors in the Michael Jackson child molestation trial could lead to the juror's removal from the panel, ABC News has learned exclusively.
ABC News has learned that a key witness, who testified that Jackson molested him when he was a child, and a live-in sister of Juror No. 11 work together in the same small auto parts store in Santa Maria, Calif., just blocks from the courthouse where "The King of Pop" is being tried. Sources told ABC News that the court does not know about this and it is being revealed for the first time this morning. This revelation could lead to the removal of Juror No. 11, a 20-year-old Hispanic male cashier.
"The fix would be to simply excuse the juror and substitute one of the alternates," said Robert Ray, a former independent counsel in the Whitewater investigation.
This potential development comes as prosecutors rested their case Wednesday against Jackson, who is on trial for allegedly molesting a now-15-year-old boy who spent time at his Neverland Ranch and appeared with him in the 2003 British documentary "Living With Michael Jackson." Jackson, 46, has pleaded not guilty to 10 charges that include felony conspiracy with 28 overt acts involving child abduction, false imprisonment and extortion.
A Question About Fairness -- for Both Sides
Jurors are instructed that everything they use to decide a case should be based on the testimony they hear in court. With Juror No. 11's sister apparently working side by side with a key witness, there is at least the opportunity for outside information to reach the juror.
"It does raise the question about whether under those circumstances, both sides can get a fair trial, and particularly important for Michael Jackson," Ray said.
During jury selection, potential jurors were read the names of each potential witness and were supposed to identify any name that sounds familiar to them. Juror No. 11 said nothing then and perhaps he didn't know -- and perhaps still doesn't know -- that his sister works with a key prosecution witness. But court observers say Santa Barbara Superior Court Judge Rodney Melville, who has presided over the trial, needs to ask Juror No. 11 what he knows immediately.
"The judge and both sides have to inquire what the knowledge is, whether the knowledge has colored their experience," said Richard Gabriel, jury consultant for Decision Analysis, a trial consultant firm.
If questions about Juror No. 11 do not arise in court first today, Jackson's defense is expected to request that the conspiracy charges against Jackson be dismissed because of lack of evidence. The defense is then expected to launch its case by calling two boys who are expected to deny prosecution claims that Jackson touched them inappropriately in the past, sources told ABC News. Former child actor Macaulay Culkin, whom prosecutors also claim Jackson touched inappropriately, is expected to be called by the defense later in its case, sources told ABC News.
Additional reporting by ABC News' Doug Lantz, Bill Anweiler and Keenan Rodarte.