Mesereau is facing the action for misrepresenting the terms under which Jackson waived confidentiality with Geragos.
Superior Court Judge RODNEY S MELVILLE said in a hearing before Geragos resumed testifying yesterday (20MAY05), "I feel deceived by Mr Mesereau and I am considering... sanctions of some sort against Mr Mesereau."
Jackson waived attorney-client privilege only for the period up until his arrest in November 2003, but that limit was not disclosed until Geragos mentioned it while testifying last week (ends13MAY05).
The prosecution and the judge were surprised by the limitation, and at the time Mesereau apologised, saying he had not thought the period after arrest was relevant.
Although defence attorneys argued they had given a copy of the waiver to the prosecution and judge's clerk, Melville said he believed Mesereau misrepresented the waiver in his statements in open court.
The judge said he could have struck Geragos' testimony from the record but didn't think it was viable because jurors had already heard it and were likely to remember it.
Jackson, 46, is accused of molesting a 13-year-old boy in 2003, plying him with wine and conspiring to hold the boy's family captive. The star denies all charges.21/05/2005 02:12