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Last Updated: Friday, 21 November, 2003, 17:28 GMT
Jackson case: What happens next
By Stephen Dowling
BBC News Online entertainment staff

Michael Jackson
Michael Jackson is due in court in January
Michael Jackson has been booked over child abuse allegations by Californian prosecutors, setting in train a lengthy legal process.

The charges of child abuse facing Michael Jackson may, at first sight, look like a case of history repeating itself.

Mr Jackson faced charges of child abuse in California in 1993, levelled by the then 13-year-old Jordan Chandler, but the charges were dropped.

The prosecutor in that case was Thomas Sneddon, the Santa Barbara district attorney. He has served in that role since 1982 - and is leading the case against Mr Jackson again.

Legal changes

But there have been important changes in the law since Mr Jackson last faced these accusations.

In 1993, the criminal case collapsed because the child and his family refused to testify.

The civil case which resulted was stopped because Mr Jackson made an out-of-court settlement that halted proceedings.

But, London-based law professor Colleen Graffy said the case will not suffer the same fate - because of legislation brought in specifically because Mr Jackson's last charges did not result in a criminal trial.

Thomas Sneddon
Thomas Sneddon was the prosecutor in the last child abuse case
"They are going ahead with a legal capability they simply did not have for the last case," said Ms Graffy, who is academic director at the London campus of Pepperdine University.

If child molestation charges are alleged, then written or video-taped evidence given by a victim under 12 years old must be heard in court, even if the child then withdraws cooperation.

The evidence would be entered in to the court proceedings as hearsay.

Early hearings

Ms Graffy's university colleague, California-based Carol Chase, told BBC News Online the Jackson case "may take a very long time".

An arraignment - where the charges are heard in court and the defendant enters a plea - has been set for January.

Bear in mind the Robert Blake case has not even gone to trial here yet
California law professor
Carol Chase
After that the case will go to a preliminary hearing, where evidence is heard and the presiding judge will decide whether there is enough evidence to take the case to trial.

Ms Chase said she believed the case would go to trial, because the threshold of proving evidence in a preliminary hearing was much lower than the "beyond reasonable doubt" required in an actual trial.

She said it was unlikely the 12-year-old boy who has made the allegations will have to testify at the preliminary hearing.

The trial

The judge will then set a date for a trial, Ms Chase said.

Michael Jackson
It is likely Jackson's passport will be kept from him
"That can be a short time or it can be a long time. And it can be delayed at the request of the defendant, in order for them to build a case for the defence."

If Mr Jackson requests a delay, it could be a year before the case goes to trial.

"You must bear in mind that the Robert Blake case, which is another long-running celebrity case, has not even gone to trial here yet," Ms Chase said.

Mr Blake, best known for his role in 1970s TV series Baretta, is accused of killing his wife Bonny Bakely. He was arrested in April 2002, 11 months after her death.

If Michael Jackson is found guilty, he will face a prison sentence. The charges carry a mandatory minimum sentence of three years - and a maximum of eight - for each count.

Ms Chase said it was unlikely Mr Jackson's passport - which has been surrendered to police - would be given back to him until a trial is over.

It could be that the next time fans see the reclusive star, it will be on their TV screens - via live coverage from a California courthouse.




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