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Law

Sheriff raids home of Jackson personal assistant


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Michael Jackson outside court on September 17.
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Michael Jackson

LOS ANGELES, California (CNN) -- Authorities raided the home of Michael Jackson's personal assistant September 15, a newly released court document reveals.

The edited document shows that Jackson's defense team filed an "emergency application" with the court seeking to have all the items seized in the raid by Santa Barbara County Sheriff investigators placed under seal.

Santa Barbara Superior Court Judge Rodney S. Melville granted the defense team's request.

It was the second raid by prosecutors that the defense has protested. The raid indicated that investigators apparently remain active in their hunt for evidence in the Jackson child-molestation case.

The application to place the seized items under seal was filed with the court September 16 and was one of the matters heard by Melville during a defense-only hearing the next day.

In the document, Jackson defense attorney Robert Sanger described the pop star's assistant as being someone who "maintains Mr. Jackson's personal papers and files."

Sanger also wrote that among the items taken was "a fax sent on behalf of the client to his lawyer regarding possible trial witnesses" and three folders labeled "Mesereau." One of Jackson's lawyers is Tom Mesereau.

The defense argues that the prosecution might have violated the attorney-client privilege. It is not the first time the Jackson defense team has leveled such an allegation. The issue was heavily contested during recent evidentiary hearings.

The defense team has argued that all items seized in a raid last November at the office of private investigator Brad Miller should be suppressed because they were protected by attorney-client privilege.

Miller had been hired by Mark Geragos, a former Jackson attorney.

A written ruling from Melville addressing the legality and admissibility of the evidence taken during the Miller raid is expected before month's end.

"Law enforcement and the district attorney continue to attempt to use search warrants, after a case has been filed, and after a client has retained counsel, despite being aware that they run the risk of invading the defense camp," Sanger wrote in the emergency application.

Jackson's defense team asked that appropriate procedures be implemented to determine if the items seized are "covered by privilege and to fashion appropriate remedies."

In other matters, the court also released a notice of intent by Melville that he plans to unseal a request by Jackson to make a statement on the television movie "Man in the Mirror."

Although the judge had previously sealed the document, he changed his mind, indicating that "upon further consideration" he has decided Jackson's request should be released.

Pending no objection, the document will be placed in the public file September 27.

The next court hearing in the Jackson case is set for October 14.

Jackson, 46, faces multiple counts of child molestation, including committing a lewd act upon a boy and conspiring to commit child abduction, false imprisonment and extortion. He has pleaded not guilty.

The trial is set to start in January.


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