Geragos won't testify about events after arrest
Judge rules Jackson has limited attorney-client privilege
SANTA MARIA, California (CNN) -- Michael Jackson's former attorney, Mark Geragos, said Friday that he issued a "broad directive" to private investigator Brad Miller to follow the family of the pop star's teenage accuser in February 2003, but he did not instruct the investigator to videotape them.
Geragos said he instructed Miller to "find out where the [family members] were, who they are meeting with and what they are doing."
"I was concerned they were meeting with a lawyer to make some accusation or sell their story to tabloids," Geragos told jurors in Jackson's child molestation trial.
Geragos also said he did not remember being told that the family had returned to Neverland Ranch in mid-February. But he said he had been uneasy about that possibility because "I was concerned about a false story or a concocted one."
Geragos also testified Friday that he was aware family members were going to be interviewed by child welfare workers from the Los Angeles County Department of Children and Family Services in February 2003. But he said he did not order Miller to attend that meeting or secretly tape it.
Earlier in the trial, the accuser's mother testified that Miller was at the DCFS interview, and she said a man she knew only as Asef, whom she believed to be a Jackson security guard, asked her to secretly record the interview. She said Asef told her that if she did a bad job, "they know where my parents live."
On the stand Friday, Geragos confirmed that Asef actually worked for Miller, not Jackson.
The prosecution's cross-examination of Geragos resumed Friday after Santa Barbara County Superior Court Judge Rodney Melville ruled that Jackson's former attorney could refuse to discuss events that occurred after Jackson's arrest in November 2003.
Geragos represented Jackson from February 2003 until he was replaced by Thomas Mesereau Jr. in April 2004
When Geragos took the stand last Friday, he told Melville that Jackson's defense team had informed him of Jackson's waiver of attorney-client privilege. Geragos then acknowledged that he had not seen a written waiver or heard it on the record.
At that point, Mesereau spoke up and said, "I can represent to the court there is a waiver of the attorney-client privilege so Mr. Geragos can testify."
"You have a written waiver you'll provide him with after court today?" Melville asked.
"We will do that," Mesereau replied.
A defense brief later conceded the written waiver was "hurriedly prepared" by Mesereau and his associate, Susan Yu, during the break.
But when Geragos refused to answer a question Friday that went outside the scope of the waiver, Melville and prosecutors learned the waiver was not absolute. A clearly irritated Melville had the jury escorted out of the courtroom and scolded Mesereau, who apologized and insisted the lapse was "unintentional."
"I feel deceived by Mr. Mesereau," Melville said Friday. "I'm considering some sanctions."
Nevertheless, the judge did not grant the prosecution's request to either force Geragos to answer questions that went beyond the time frame in the waiver, or to strike his testimony entirely.
Jackson, 46, arrived at the Santa Maria courthouse for Friday's trial session with his mother, Katherine. He wore a black suit offset with a magenta vest and armband.
He was indicted last April by a state grand jury on 10 felony counts for incidents that allegedly occurred in February and March 2003: Four counts of committing a lewd act on a child; one count of conspiracy to commit child abduction, false imprisonment and extortion; one count of attempting to commit a lewd act on a child; and four counts of administering an intoxicating agent to assist in the commission of a felony.
He has pleaded not guilty to the charges.
