LOS ANGELES – Prosecutors can show limited clips of Michael Jackson’s final rehearsals during the trial of the doctor charged in his death, a judge ruled Thursday.
The decision came after Deputy District Attorney David Walgren argued the footage from the film "This Is It" shows Jackson was highly engaged in preparing for his comeback tour and was not desperate to make it a success, as defense attorneys for Dr. Conrad Murray have claimed.
Prosecutors plan to show Jackson performing "The Way You Make Me Feel" and "Earth Song" while director and choreographer Kenny Ortega testifies about the pop star’s demeanor before his death.
Murray has pleaded not guilty to involuntary manslaughter. Authorities contend he gave Jackson a lethal dose of the anesthetic propofol in the bedroom of his rented mansion. Defense attorneys are trying to build a case showing Jackson may have given himself the fatal dose.
Defense attorneys objected to showing the film footage, claiming it was edited to show Jackson in the best light. They noted that not all of the footage was shot in the two days before Jackson’s June 25, 2009, death and should be excluded.
Superior Court Judge Michael Pastor ruled prosecutors can only show footage from Jackson’s rehearsals on June 23 and June 24. He also said the footage must be edited to remove some of the special effects and visuals, particularly images of whales, polar bears, a "cute little girl" and other "flora and fauna."
Pastor said showing the footage wasn’t meant to be entertainment, and it didn’t matter if the entire songs were shown.
Defense attorney Ed Chernoff sought an opportunity to review raw footage of Jackson’s rehearsals, but prosecutors said they do not have it. They suggested that Murray’s attorneys subpoena it from Sony Pictures, which purchased rights to the footage after the singer’s death.
The judge also was considering whether to allow images of Jackson’s autopsy to be shown to jurors during trial. Pastor said he wants to review the images prosecutors propose to show before making a decision.
Walgren said he plans to show "a handful or less" of autopsy photos, which defense attorneys say is unnecessary.
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