"Erotic material," including pictures of nude children, seized from Michael Jackson's Neverland Valley Ranch, can be shown to jurors at the pop star's upcoming child molestation case, a judge has ruled.
Superior Court Judge Rodney Melville said that Santa Barbara County prosecutors could introduce the books, magazines and DVDs, which were found during a police raid on Jackson's sprawling estate in November of 2003, as evidence - over the objections of defense attorneys.
Melville also ruled that Jackson's accuser, now 15, and his brother will have to testify in open court, rejecting a prosecution attempt to close the courtroom to the press and public for that key portion of the trial. Prosecutors had argued that forcing the boys to take the witness stand in open court would traumatize them.
But in another setback for the defense, Melville ruled that a British television documentary about Jackson by journalist Martin Bashir could be shown to jurors as evidence. The documentary, which aired in 2003, shows Jackson holding hands with the boy, then 13.
The judge also said that Bashir would have to testify in the case. His attorney had argued that, as a reporter protected by California law, he should be exempt from taking the witness stand.
In seeking to have the seized books, magazines and other material admitted as evidence, prosecutors said they demonstrated Jackson's sexual interest in children.
"Some depict children nude. Some depict adults who appear to be the age of our children (in the case)," Deputy District Attorney Ron Zonen said. "All of which, taken together, indicates the defendant's prurient interest in children, particularly boys."
Lawyers for the 46-year-old entertainer had asked Melville to exclude the evidence, saying prosecutors had not established that the items belonged to Jackson, since about 70 members of his staff had access to the areas where they were found.
Jackson's attorneys also objected to showing jurors the documentary by Bashir, saying it was heavily edited and would be misleading.
The defense won some small victories when the judge instructed prosecutors to refer to the seized material as "adult" or "sexually explicit" but not "pornographic" or "obscene." Melville also barred material seized from Jackson's home in 1993 in connection with an earlier case.
The seized evidence that can be admitted includes 17 books, 55 magazines, two DVDs and four computers. Jackson's lawyers say that 23 of the magazines are from 1936 and are considered collector's items.