Jacko Should Hope for a Stupid Jury

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There is one huge reason the rulings in the Michael Jackson (search) case are very, very bad for him.

As it has been explained to us in the past few weeks by FOX News' Judge Andrew Napolitano on "The Big Story", the judge in the Jackson case was going to allow the testimony of previous victims, alleged victims, only if he was satisfied the prosecution had proved its case against Jackson.

In other words, he wasn't going to allow highly prejudicial testimony from alleged victims into this case unless he was certain there was a good chance the jury would find Jackson guilty. He would not allow the stuff in if it seemed the case was not proved and this testimony would tip the balance against Jackson unfairly.

Or put another way, the judge thinks Michael Jackson is guilty.

Now, admittedly, the judge knows things the jury does not, and we've seen juries do dumb things. In fact the L.A. district attorney who had to watch Robert Blake (search) walk free said the jury in that case was stupid. Then when he was called on it, he repeated it — the jury was stupid. The jury demanded an apology and he said no, you're stupid.

So, Michael Jackson now has to hope for a stupid jury. Not impossible, but also not a great way to determine how you spend the next 20 years of your life.

Now I've said before that I think Michael Jackson probably did do what he's accused of doing, and I've said I am positive he did it in 1993 when that other kid got a 20 million dollar check out of him. But I've also said, and I still think it's true, that Michael Jackson could be facing the death penalty for this crime — a penalty the legislature of California never meant to impose for this crime.

That's because he cannot do the time. He's frail, he's a freak, he's given to fainting spells, and complete meltdowns. If he goes to prison, the nose comes off, the wig comes off, the make-up and strange get-ups are gone. This is a guy who's 5'10" and 120 pounds. He will die behind bars.

He's to blame for his crime, but his lawyers are to blame for even allowing him to face this jury. They should have made a deal years ago.

That's My Word.

Watch John Gibson weekdays at 5 p.m. ET on "The Big Story" and send your comments to: myword@foxnews.com