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Leno Wants Exception To Jackson Gag Order


TimmyB

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This is the funniest thing I have ever heard from Leno!

from www.billboard.com

Edited By Jonathan Cohen. March 03, 2005, 10:45 AM ET

Leno Wants Exception To Jackson Gag Order

Jay Leno, who has been subpoenaed for Michael Jackson's child molestation trial, wants the judge to lift or clarify a gag order that could keep the comedian from one of his most vital sources of punch lines.

Attorneys for the star of NBC's "The Tonight Show with Jay Leno" said Judge Rodney S. Melville's sweeping order barring anyone involved in the case from discussing it outside court "could be interpreted to limit Mr. Leno's ability to publicly speak about the trial."

Leno's motion, released by Santa Barbara (Calif.) County Superior Court yesterday (March 2), was filed Feb. 18, a day after his lawyers said his subpoena was served.

"This motion was made on the grounds that this court could not possibly have intended its gag order, which was issued more than a year ago, to limit public personalities like Mr. Leno from commenting on public proceedings in this case," attorneys Theodore Boutrous and Michael H. Dore wrote.

Applying the gag order to Leno would be prior restraint in violation of the First Amendment and the California Constitution, the motion said.

If the gag order is applied anyway, the motion said, the court should clarify that the order "only limits Mr. Leno's ability to disclose evidence of which he may have direct, first-hand knowledge, assuming only for the sake of argument that any such evidence exists."

The motion requests that Melville expedite action on the entertainer's request.

A "Tonight Show" spokesperson she could not comment on the matter because of legal concerns. She declined to say whether the subpoena had led Leno to change the contents of his nightly monologue of jokes.

Jackson's defense contends the family of the boy accusing the pop star of molestation targeted celebrities for fraud, in particular by using the fact that the child was a cancer patient.

Jackson attorney Thomas Mesereau Jr. said during his opening statement to the jury that the family sought money from Leno, who was so suspicious he called Santa Barbara police to report that "something was wrong. They were looking for a mark."

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I suspect that a court would find that he intentionally breached the spirit of the gag order if he did that. I think he is concerned about being slapped with a charge for contempt of court, which is likely what would happen if he did what you suggest.

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Friday, March 11, 2005

BURBANK, Calif. -- Hours before the judge in the Michael Jackson case was expected to rule on whether Jay Leno can tell jokes at the singer's expense, The Tonight Show host found a way to slip in a quip without opening his mouth.

After arriving "late" for the taping of Thursday's Tonight Show, Leno stepped out of a black limousine wearing SpongeBob SquarePants pajamas and accompanied by several bodyguards. One of the bodyguards held an open umbrella over Leno's head as the comedian remained silent when asked why he was late.

Earlier in the day, Jackson had arrived late to court wearing pajama bottoms and a T-shirt over a coat. His lawyers explained the pop star had come straight from a hospital where he had been treated for a back injury.

Leno, who has been subpoenaed to testify at Jackson's trial, has asked the court to exempt him from a gag order preventing everyone involved in the case from discussing it.

"They're ruling on my gag order tomorrow to see if I'm allowed to tell Jackson jokes," he told his audience Thursday. "I'm not legally allowed to tell Michael Jackson jokes, but I can still write them."

Then, as he has in recent days, he called on another comedian, Drew Carey, to handle that night's Jackson duty.

"Michael Jackson showed up to court late today wearing his pajama bottoms," Carey told the audience. "You know what? You find the kid wearing the pajama top and we have another court case on our hands."

© The Associated Press 2005

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