Could they really have added anything that they wouldn't have brought forward in the civil trial?
Just to clarify: civil and criminal trials are two absolutely different, independent proceedings with different actors.
- In a criminal trial there's a prosecutor representing the state, paid by tax payers, and a defence lawyer representing the defendant, paid by the defendant (or by the state if the defendant has no money as everyone has a right to a fair trial).
- In a civil trial there's a lawyer representing the plaintiff (paid by the plaintiff), and a lawyer representing the defendant (paid by defendant). There is no prosecution (state) involved in a civil trial, it's one citizen against another (represented by lawyers, of course).
So let's say there was a civil trial in 93, Sneddon (Santa Barbara District Attorney, which is a kind of chief prosecutor) wouldn't have been there, it would be Feldman (Chandler's lawyer) representing Chandler's claim.
Sneddon could have presented the criminal charges against MJ in a criminal trial would there have been one. And he COULD have built his case around the information that became public during the civil trial if that had prevented the criminal one.
Was it THAT risky though. I understood the part about the prosecution having seen the defence already, but what could the prosecution really do apart from try and divert certain witnesses?
E.g.: change the timeline after knowing your alibi.
Perhaps many are not familiar with the fact that charges were filed twice against MJ during the 03-05 case:
First set of charges by Sneddon in December 2003: timeline of the accusations between February 7, 2003 and March 10.
Turns out MJ wasn't even there some of these days.
Second set of charges, this time by a grand jury, in April 2004: different counts with different timeline to explain away the discrepancies: February 20, 2003 and March 12, 2003.
They
did build the case around MJ's alibi.
Or: threaten your witnesses with charges against them, this way tainting their reliability as witnesses or even keeping them away from taking the stand. Also done by Sneddon.
It's one thing to conclude "maybe it's not that risky" in theory, and another to risk your freedom in reality.