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Law would likely prevent settlement

By Wire services
Published November 21, 2003

LOS ANGELES - A law passed after Michael Jackson was accused of molesting a child in 1993 would likely prevent his new accuser from accepting a settlement and refusing to testify in the criminal trial, prosecutors say.

The state law, which can halt civil lawsuits during related criminal cases, was passed because a child backed out of a 1993 molestation case against Jackson after the singer reportedly paid him a multimillion settlement, Santa Barbara District Attorney Tom Sneddon said.

"It is an irony. The history of the law is that the L.A. district attorney's office carried the legislation as a direct result of the civil settlement in the first investigation," Sneddon said.

The changes to the law allow prosecutors to intervene in a civil action, removing the monetary incentive for someone to wait for the outcome of a civil case before deciding whether to testify in a criminal trial.

"The practical effect is that they cooperate" with prosecutors in the criminal case, he said.

Sneddon said he was aware children cannot be forced to testify and reporters and lawyers misinterpreted his remarks at a news conference that seemed to suggest prosecutors could force minors to testify.

Loyola University law professor Laurie Levenson said she was fielding calls all day from members of the legal community and other professionals who deal with molestation victims who were baffled by the district attorney's comments.

"I think he misspoke and he was confusing," Levenson said. "In a case of this magnitude with this much media attention, there is a responsibility to be more precise."

Sneddon's mention of compelling testimony was especially puzzling, legal experts said, because he said the child making allegations against Jackson is willing to testify and has no plans to bring a civil suit.


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