LOS ANGELES, California (CNN) — Michael Jackson’s attorney railed against prosecutors, calling the child molestation case against the entertainer «garden variety,» court documents revealed.
Jackson defense attorney Robert Sanger, in documents released Wednesday by the Santa Barbara Superior Court, said the prosecution is just «going after a celebrity.»
Sanger also expressed outrage that Jackson was the subject of a surprise search at his Neverland ranch almost two weeks ago, calling the raids an «unlawful intrusion» and questioning their timing.
Sanger’s motion came as it was revealed this week that the prosecution wants to include as evidence previous sex allegations against the singer. Jackson was never charged in those allegations.
A motion from Santa Barbara Deputy District Attorney Gerald Franklin said previous «uncharged acts» show Jackson’s «disposition» and «motive and intent» toward the crimes for which he’s charged.
Jackson, 46, pleaded not guilty in April to a grand jury indictment charging him with four counts of child molestation, four counts of administering an intoxicating agent, one count of attempted child molestation and one count of conspiracy to commit child abduction, false imprisonment and extortion.
In his motion this week, Sanger revealed that one of the two search warrants served by Santa Barbara sheriff investigators at the entertainer’s property was issued November 24, but authorities waited 10 days before serving the warrant December 3.
Sanger accused the prosecution of wanting to «demoralize» Jackson and «upset the defense effort» by waiting until the eve of a reciprocal discovery deadline that had been set by Santa Barbara Superior Court Judge Rodney Melville for December 6. On that day, attorneys for both sides were to provide case evidence, witness lists and other discovery to each other.
«The materials sought were not critical to the prosecution case and could just as well be obtained in an orderly fashion by noticed motion,» Sanger wrote.
Sanger called the prosecution’s conduct «outrageous» and «vindictive» and demanded the case be dismissed accordingly.
He complained the entertainer has «been under investigation for 11 years» and during that time, his «home and person have been searched on at least five occasions.»
«When the search warrant becomes a sword rather than a legitimate tool to obtain evidence, the awesome power of the state becomes a weapon to shock and intimidate a defendant into submission,» the attorney wrote.
Sanger describes Jackson as having endured more than 100 search warrants and other attempts to «shock and intimidate» Jackson and his family.
The attorney’s motion said the case should be kicked out of court because Santa Barbara District Attorney Tom Sneddon has over-investigated «what should be a garden-variety case» and has «so contaminated the prosecution.»
Jackson has twice previously been accused of sexual misconduct. In 1993, Jackson reached an out-of-court settlement with a 13-year-old boy who accused him of sexual misconduct. Police did not arrest or charge Jackson in that matter. That settlement dissuaded a second alleged victim from pursuing similar claims, sources said.
However, while the Jackson defense team is demanding a dismissal of the case, they are proceeding with their motions.
If the case is not dismissed, Sanger wants all evidence gathered from the December raids at the Neverland ranch to be suppressed as well as evidence collected in the September raid of his personal assistant.
In another document released Monday by the court, also authored by Sanger, Jackson is requesting to be included in the formation of a «consolidated» jury questionnaire — should one become necessary.
«A jury questionnaire contributed to by defense counsel and the prosecution would streamline the … process and protect the interests of both parties of ensuring a fair trial,» Sanger wrote.
The judge has issued a gag order in the Jackson case, which forbids attorneys to comment.
The next court hearing in the Jackson case is scheduled for Monday in Santa Maria.
Jackson will not attend, sources said.
