Former Jackson bodyguard might refuse to testify at trial

By Matt Pordum (contact)

Thursday, March 31, 2005 | 10:02 a.m.

A Las Vegas lawyer for a former bodyguard of Michael Jackson who had been expected to be a key prosecution witness in Jackson's child molestation trial said his client would most likely refuse to testify in the Jackson case.

Chris Eric Carter's attorney, Lloyd Baker, made the statements concerning Baker's future testimony in the Jackson case after Carter pleaded not guilty to 15 charges including armed robbery and kidnapping before District Judge Donald Mosley on Wednesday.

Carter was arrested Feb. 19 in Las Vegas in the robbery of the Jack in the Box at 4970 Spring Mountain Road. His trial is scheduled for April 3, 2006.

In addition the 25-year-old was also charged with two counts of armed bank robbery in a federal indictment handed down Wednesday. He was also charged with two counts of brandishing a firearm during a crime of violence in connection with a May 18, 2004 robbery of a Citibank at 3990 S. Maryland Parkway, and a Jan. 31 robbery of a Bank of Commerce at 5295 Decatur Blvd.

The robberies allegedly netted Carter about $9,600, according to the indictment.

The defense attorney, although not representing Carter in regards to his involvement in the Jackson trial, said Carter told him he would most likely be exercising his Fifth Amendment right if he winds up on the witness stand in the California case.

Baker said if Carter didn't invoke his Fifth Amendment rights, it might open the door for Jackson's defense attorneys to explore Carter's criminal history and facts surrounding his Las Vegas charges on cross examination.

Carter worked as a bodyguard for Jackson from August 2002 to August 2003, which covers the time when Jackson allegedly molested a 13-year-old boy. Jackson also allegedly provided alcohol to the teen.

Before a grand jury in Santa Barbara last year, Carter testified that he saw Jackson and a youth drinking alcohol from a soda can on a flight from Miami to Santa Barbara in early 2003, according to transcripts of Carter's testimony.

The former bodyguard also testified that when youths spent the night at the Neverland ranch, they would "mainly sleep with Mr. Jackson in Mr. Jackson's room."

Much of Carter's arraignment in Las Vegas on Wednesday focused on whether Mosley should conduct a hearing to determine whether Carter should be transported to California to testify in Jackson's trial.

Baker said under Nevada law a hearing is required to determine whether Carter should be transported to testify, but Mosley disagreed.

Baker said he would file a motion with the Nevada Supreme Court to have Mosley's ruling overturned.

Baker also unsuccessfully argued to have Carter's bail lowered to $100,000 or have him released under house arrest. He said Carter was not a flight risk and even said because of his involvement in the Jackson case if Carter did decide to flee the media would find him.

Deputy District Attorney Susan Krisko scoffed at Baker's assertion.

"I find it interesting he's (Baker) asking the media to keep track of him (Carter), that's impossible."

Mosley ruled that Carter would remain jailed at the Clark County Detention Center in lieu of $265,000 bail.

Carter is scheduled to be arraigned in federal court on the bank robbery charges on Wednesday afternoon.

Carter is facing up to 25 years in prison and a fine of up to $250,000 of the bank robbery charges as well as up to seven years in prison and a fine of up to $250,000 on each firearm charge.