SANTA MARIA, California, Jan 12 (AFP) - A judge on Wednesday threatened sanctions against Michael Jackson's defence team if it did not hand over a video cassette.
However, Judge Rodney Melville made no immediate decision on whether past accusations of sexual misconduct against the superstar singer could be raised at his trial on child molestation charges, scheduled to start on January 31.
Melville also ordered British journalist Martin Bashir, who made a controversial documentary in which Jackson confided that he shared his bed with children, to appear as a material witness in the case.
The Jackson defence had been ordered to hand over the video tape of a warrant execution at Jackson's Neverland Ranch in California by January 10.
Melville told the singer's lawyers at a hearing on Wednesday that the defence would be punished if it did hand over copies of the video in six days.
"I am going to give you an incentive. It must be presented to me by January 18 or I will sanction the defence," Melville said.
The judge said he would not rule on whether the jury should hear about prior sexual misconduct accusations against the singer until he sees the prosecution present evidence at trial.
Melville added that he would not even look at evidence until the jury is selected. Looking at evidence, which has to be done from witnesses in open court, would risk influencing potential jurors, he said.
"I had a bad experience as a judge allowing evidence of this type," Melville said, referring to a trial at which he allowed the discussion of such prior conduct before finding out the evidence against the defendant in the new case was "miniscule."
That trial ended in the verdict being overturned, Melville said, adding that he had "gone to school" on the subject regarding the Jackson case and that he did not want to risk a "miscarriage of justice."
Melville's decision will compel both sides to focus on the facts of the new Jackson case, and not hint at past conduct, at the outset of the coming trial.
Court documents showed that the judge also required Bashir, now an ABC News correspondent who lives in New York, to appear as a prosecution witness. His documentary "Living with Michael Jackson" aired in Britain and the United States in 2003.
Bashir's employer said it would contest the order, saying California law protects journalists' rights.
"ABC News and our correspondent Martin Bashir will fight the subpoena, which seeks to invade both the news-gathering and editorial process," ABC News vice president of media relations Jeffrey Schneider said.
Bashir received the subpoena on January 4, court documents show.
The next pre-trial hearing will be on January 21.
Melville ordered Jackson to be present on January 31 when jury selection starts.
"I do anticipate Mr Jackson being here once we start with the jury," Melville told the defense team. "That is our understanding," responded Jackson lawyer Robert Sanger.
01/13/2005 00:11 GMT - AFP