Published January 14, 2015
Attorneys for Michael Jackson (search) asked a judge to order mental evaluations for his accuser and his family, alleging they could not effectively cross-examine a psychologist if denied access to his reviews.
In court documents released Wednesday, defense attorneys for the singer also argued that details of the alleged abuse contained in the complaint filed by prosecutors significantly differ from those contained in the grand jury indictment.
The complaint filed by Santa Barbara County (search) prosecutors in December 2003 had charged Jackson with seven counts of lewd acts with a child and two counts of administering an intoxicant to a minor, alleged abuses that occurred between Feb. 7, 2003, to March 10, 2003, the motion said.
However, the April 2004 indictment charged Jackson with four counts of lewd acts with a child, one count of attempted lewd acts with a child and four counts of administering an intoxicant in commission of a felony, and gave the dates of Feb. 20, 2003, to March 12, 2003, according to the motion.
"Somewhere, the perception of the facts in this case was significantly altered," the attorneys said. They said the indictment no longer followed the details and chronology recounted by psychologist Stanley Katz, who interviewed the teenage boy and his family and told authorities about the alleged abuse.
The attorneys argued for the psychological tests on the grounds that "the prosecution opened the door to permit a mental examination" by allowing Katz to interview the boy and his family. The motion asks for an evaluation of the boy who made the accusation, his brother and their mother.
A hearing involving the motion for the psychological exams was scheduled for Monday in Santa Barbara County Superior Court.
Jackson attorney Brian Oxman (search) declined to comment on the motion, citing a gag order.
Phone calls were placed late Wednesday to the Santa Barbara County district attorney's office, but officials were not immediately available for comment.
Jackson has pleaded not guilty to child molestation, conspiracy and administering an intoxicating agent, alcohol, to a boy. His trial was scheduled to begin Jan. 31.