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- Geraldine Hughes -
allow his client to retreat from the media spotlight and return
to a normal life. He contended that his client's efforts to put
this case behind him were being stifled by delay tactics and
media manipulation by Michael Jackson, his attorneys, inves-
tigators and publicists.
The Opposition to Motion for Trial Preference
The Points and Authorities filed by Mr. Fields in opposi-
tion to plaintiff's Motion for Trial Preference stated that the
Motion for Trial Preference should be denied because Civil
Code of Procedure section 36 did not apply in this case. He
further stated that trying the case before the disposition of the
criminal case would impair Michael Jackson's constitutional
rights and would be contrary to case law in this state.
Mr. Feldman was persistent in painting the picture in his
pleading that the 13-year old boy was being lured and enticed
by Michael Jackson's acts of kindness and by the many gifts
and trips that he lavished upon him. Mr. Fields was equally
eloquent in stating that the 13-year old boy's conduct in ac-
cepting the many gifts and continued friendship with Michael
Jackson showed a willingness to engage in the friendship and
therefore did not constitute as unlawful consent.
Mr. Feldman filed a declaration by Dr. Evan Chandler in
support of the Motion for Trial Preference which had one state-
ment: that the child was under the age of 14. That was it! Dr.
Chandler did not state anything else in his declaration, which
is a written statement under oath declaring statements of truth.
I have never seen a declaration concerning an important case
this short in my entire legal career. A declarant will usually
attest to several facts, especially concerning an important case
like this one. They will also declare that said facts are true and
correct and state their willingness to be called to competently
testify under penalty of perjury. Is it possible that the informa-
tion that Dr. Chandler declared was the only information he
could competently testify under penalty of perjury?
Mr. Feldman filed a Supplemental Memorandum of Points
and Authorities in support of his Motion for Trial Preference
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