Trial of Michael Jackson - Grand Jury Proceedings and Indictment

Grand Jury Proceedings and Indictment

Grand jury proceedings (without defense counsel and without a judge present) in Santa Barbara, starting in March 2004, led to Jackson's indictment on April 21, 2004. The grand jury was composed of nineteen jurors; the indictment required the votes of at least twelve jurors. Prosecution witnesses testified without defense cross-examination. The judge ruled that witnesses before the grand jury could talk to defense attorneys about their knowledge of the case as long as the witnesses did not tell what they saw in the grand jury room or what questions they were asked and their answers. Many grand jury witnesses were snuck into the building where the grand jury was meeting, sometimes covered in blankets to hide their identities. In February 2005 The Smoking Gun published the Grand Jury transcripts (1903 pages).

On April 25, 2004, Mark Geragos and Ben Brafman were replaced as Jackson's lead counsel by one-time Robert Blake defense attorneys Thomas Mesereau and Susan Yu. Steve Cochran and Robert Sanger continued to represent Mr. Jackson, although Cochran left the team prior to trial (See transcripts for case no. 1133603). The second arraignment was held on April 30, 2004. Brian Oxman was brought onto the team by Mesereau. The new charges, to which Jackson plead "not guilty", were similar to the earlier ones, allegedly "on or about and between" February 20 and March 12, 2003, but with the addition of conspiracy involving child abduction, false imprisonment and extortion. The first two referred to the allegation that the accuser, although he was free to move within Neverland, was at some stages not allowed to leave the ranch, even when his mother wanted this to occur.