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Michael Jackson - Timeline 1993 - Jackson accused of molesting a boy. Boy meets with psychologist Stanley Katz. LAPD searches Neverland and seizes pornography. The alleged victim settles with Jackson (allegely for $20 million plus) and refuses to cooperate with police. L.A. County D.A. does not file any charges. 2000 - Victim's family receives a $152,000 settlement from J.C. Penney for allegedly being manhandled, and for the mother allegedly being sexually abused, during an encounter with store security in an alleged shoplifting incident. Victim's mother divorces father, alleges he abused her and molested their daughter. 2000 - Victim first visits Jackson at Neverland, allegedly shown Internet porn sites. No molestations alleged. 2000-2001 - Numerous additional visits. No molestations alleged. 2001 - Victim rarely visits. September 2002 - Family and victim asked to return for Bashir interview. February 2003 - Bashir documentary airs on 20/20. Jackson shown holding hands with victim, victim rests head on Jackson's shoulder. Jackson admits to sleepovers with boys, denies being in bed with them. Public uproar. Jackson's aides plan a rebuttal video. February 2003 - March 2003 - Victim and family return to Neverland, stay about one month "against their will", say "glowing things" about Jackson in a rebuttal video instigated by Jackson, which was later aired on Fox TV. In the video the accuser's (Gavin's) mother described Jackson as the "ideal family man" and an "answered prayer." Alleged molestations take place. March 2003 - Victim and family meet with an attorney to discuss suing Jackson. He refers them to another attorney, who has them meet psychologist Stanley Katz, who treated the alleged victim of the 1993 molestation. Mother tells the psychologist that she thinks that her son was molested by Jackson. Psychologist Katz interviews the boy, then notifies police (California law requires he do so when there is evidence that a child was molested.) November 2003 - Neverland searched, porn DVD's and magazines found, some with pictures of naked children, some with Jackson's fingerprints and/or the fingerprints of the victim and his brother. Jackson arrested. December 2004 - Second search of Neverland with pictures of naked children. . Jackson arrested and charged with nine counts. April 2004 - Jackson indicted on ten counts (see indictment). Felony charges include Count 1, Conspiracy; Counts 2-5, lewd act on a minor; Count 6, attempted lewd act on a minor; Counts 7 - 10, administer intoxicating agent to assist in the commission of a felony. He was also charged with the misdemeanor of providing alcohol to a minor, included as "lesser included offenses" in Counts 7-10. March 2005 - Trial Sources: Los Angeles Times and Court T.V. Prosecution Case Testimony of the victim (Gavin) The victim testified that the molestations took place after the rebuttal video was filmed. Jackson suggested he masturbate because that's what men need to do. Jackson then molested him in bed on two occasions, using the excuse of being his "teacher". Jackson also had the victim drink wine, described as "Jesus juice." Gavin also said: Jackson lured him to appear on the "Living With Michael Jackson" video as kind of a screen test and that Jackson told him in advance what to say. One of Jackson's assistants surfed internet porno sites while he, his brother and Jackson looked on. That's when Jackson made his "got milk?" quip. Admitted he twice told his vice-principal that Jackson did not molest him: "Yeah. I told him Michael Jackson never did anything to me." His reason was to avoid teasing by schoolmates. He had problems with his teachers: "The teacher is automatically higher than a student because he is a teacher. When a teacher tries to make fun of me and to say I'm on drugs and I'm not, then he is no longer higher than me. He comes down to my level." He liked being at Neverland & that his mother was the worrier, "undercutting the prosecution contention that the family tried to flee." Gavin's accounts differed in some details from the testimony of his brother and sister. Testimony of Gavin's brother The victim's brother testified that Jackson paraded naked and aroused, gave them alcohol, showed them porno magazines, browsed porn Internet sites, and had them participate in obscene phone calls. He said that he saw Jackson fondle his brother twice while Gavin was sleeping or unconscious. This observation was made from a hallway leading to Jackson's bedroom. When cross-examined he said that the first person to whom he mentioned seeing the molestation was psychologist Stanley Katz. He admitted lying under oath in the J.C. Penney lawsuit. He also agreed that he tripped an audible alarm in the hallway as he approached the suite. Inconsistencies were pointed out between the boy's grand jury testimony, his statements to police and his court testimony. L.A. Times reported that "it was only after goading from Santa Barbara County Dist. Atty. Tom Sneddon that the [victim's brother] recalled Jackson allegedly being sexually aroused." Testimony of Gavin's mother She testified that Jackson's employees begged her to avoid journalists who were hounding Jackson and pressured her to remain in Neverland. Her account was corroborated by a taped conversation in which Frank Tyson, a top Jackson aide, warned her of "evil" outsiders who intended to do her harm. There was evidence that Jackson's aides shadowed her when she wasn't at the ranch, and one aide's signature was on documents signing her children out of school. Gavin's mother told of being flown around the country by Jackson, whom she considered like a "father" to her children. She also said, for the first time, that she observed Jackson licking the top of her son's head while the two huddled during an airplane flight, something that no one else has reported. Gavin's mother said that Jackson got her and the children passports (there was some documentary corroboration) and that they urged her to move to Brazil to get her permanently out of the way. The tickets, which cost $15,000, were round trip, with return in one week. They were booked by travel agent Cynthia Montgomery, who testified under a grant of immunity that a Jackson aide wanted one-way tickets but she inserted an arbitrary date for a return flight. Montgomery allegedly participated or knew of a secret videotaping of Jackson aboard his plane and is among several persons questioned or investigated by the FBI. (The intent was to sell the videotape.) Under cross-examination, Gavin's mother took the Fifth Amendment regarding questions about her failure to report the $152,000 settlement with J.C. Penney while she collected welfare, disability and unemployment benefits. Pictures of bruises she suffered at the hands of JC Penney employees were introduced by the prosecution. But other pictures taken later showed no bruising. Under cross-examination she conceded that in the divorce proceedings she claimed that her husband beat her up regularly and did not allow her to wear makeup. She said she lied under oath twice during the J.C. Penney deposition when she testified that her husband had not abused her or her children. She testified that the rebuttal video had been intensely rehearsed - ten times a day - and that every word was scripted by Jackson's aides (in the video she described Jackson as the "ideal family man" and an "answered prayer"). She characterized the occasions when aides gave her rides from Neverland as "escapes" from captivity, including one trip to a nearby town for leg waxing and a facial. Her account was disputed by Hamid Moslehi, the videographer, who testified that the video was shot in a "slapdash" manner and that he never saw or heard of any "script." Gavin's mother insisted that she had no intentions of suing Jackson. Testimony of Sgt. Steve Robel, Santa Barbara Sheriff's Dept. lead investigator Sgt. Robel identified pornographic magazines found at Neverland, much of it in a briefcase in Jackson's bedroom. These magazines bore the fingerprints of the victim, his brother, other children and Jackson (one magazine had both Jackson's and the victim's fingerprints.) Sgt. Robel conceded that the materials were legal. The defense asserts that the boys broke into the briefcase. They also point out that the magazine containing Jackson's and the victim's fingerprints was not examined until after the boy's Grand Jury testimony, when he handled the document. Sgt. Robel also said that the victim originally told him he was molested five times, not two times. The first time he talked to Gavin's mother, Sgt. Robel told her "One thing I want to emphasize is you guys are doing the right thing here. ... I don't care how much money he (Jackson) has. He's the one who's done wrong. ... We're going to try to bring him to justice." Sgt. Robel was asked by the defense if "that was the statement of someone with an open mind" He replied, "That statement is to reassure them, because they were terrified when they came forward. It took us two weeks to get them to come in." Testimony of Debbie Rowe, Jackson's ex-wife Rowe, mother of two of Jackson'd children, appeared on the same videotape as the victim's mother. Rowe was called by the prosecution, who promised during their opening arguments that Rowe would testify that she was coached on the videotape. But on the stand Rowe said her praise of Jackson was the truth. Rowe said she was not coached and did the video hoping to regain visitation rights to the children (she had given up these rights.) Sgt. Robel took the stand to impeach Rowe. Robel said that, during an interview, Rowe called Jackson a "sociopath" and said that the pop singer treated his kids like "possessions." Another prosecution witness, Rudy Provencio, a record producer, said that Rowe followed instructions during the nine-hour videotaping session and even cried on cue. Allegations of liquor served to minors Gavin's sister testified that she saw Jackson pour wine for herself and her brothers. Admits she did not tell this to police. Says she did not discuss her testimony with her family. Admits that she lied when she told social workers who were concerned about her brother that his mother always supervised him at Neverland. Former housekeeper at Neverland testified that she did not see children drinking but that she once saw three drunk at the dinner table. Also that boys frequently slept over in Jackson's room. She said that the victim's brother once threatened her with a knife, an incident that she did not consider very serious. Flight attendants on Jackson's plane testified about liquor served on the flights. One said she never heard it called "Jesus juice" and never saw intoxicated kids. Another said that Jackson was a "private" drinker, that kids were not served liquor and that the victim behaved very poorly. Comedian Louise Palanker testified that she spoke with the victim's mother who said they were being held hostage at Neverland. Palanker contributed two checks of $10,000 each to the victim's family. The father later asked for more but she refused. On cross-examination Palanker conceded that she did not know some of the money was used to buy a big-screen TV. She also admitted being skeptical about the mother's honesty and said that the woman might have a "hostage" complex . Allegations of prior sexual misconduct
This testimony was admitted under California Evidence Code sec. 1108 which allows such evidence to be offered as proof that the present act is part of a pattern of like misbehavior. (This law was passed in 1995. In non-sex cases prior bad acts can only be used to establish a motive or intent for the present offense). Expert witnesses on child molestation testified for the prosecution. One said that it is common for abused children to talk about abuse in a detached way, to forget details and to fail to report abuse for a year or more. This witness knew of no instance where abuse was falsely reported for financial gain. Another witness said that pedophiles use pornography as "grooming" materials to prepare children for molestation. Blanca Francia, a former Neverland maid, mother of Jason Francia testified that she once found her son with two $100 bills. She also once discovered Jackson apparently taking a shower with one of his young guests (supposedly Wade Robson, below). She said she never saw Jackson molesting a child, but testified that kids did frequently sleep in Jackson's bed. Francia settled her son's molestation claim against Jackson for more than $2 million. She also got $20,000 for an interview about Jackson on "Hard Copy". Jason Francia testified about three occasions in which Jackson allegedly molested him in the late 1980's, beginning when he was 7 years old. Jackson allegedly gave him a $100 bill the first two times. In 1993, three years after the last incident, the man - then 13 years old - was contacted by Sheriff's investigators and told them he had only been "tickled". But after meeting with attorneys and a psychologist (same one as in the current case) he changed his story and said he had been too embarrassed to tell police the truth. Jason did not know that his mother was paid for appearing on "Hard Copy." He also seemed uninformed about the size of the settlement his mother reached with Jackson (reportedly in the $2-million area). Psychologist Stanley Katz examined Gavin (the present victim) and another boy, who eventually got a $20 million-plus settlement for an alleged molestation in 1993. Katz notified police after examining Gavin. He is supposedly the first person the victim told about being molested. Katz wrote a book, "The Codependency Conspiracy," in which he stated that up to 40 percent of child sex abuse allegations are false. Under cross-examination, Katz said he only meant preschool-age children, and that false allegations by older children are rare. Katz was an executive at Children's Institute International (CII) when they diagnosed 350 children who attended the McMartin preschool as being victims of abuse. This case, which Katz mentioned in his book, demonstrated that parents and others can implant false memories of abuse in children. Katz admitted that his evaluation of the victim was "cursory" and that he was not asked to make an in-depth examination or to clearly determine if abuse had occurred. The mother of the boy alleged molested in 1993 testified that she and her son, a big fan of Jackson, first met Jackson in 1992 at her husband's car rental business. After many phone calls they were Jackson's guest at Neverland on several occasions. Jackson started asking her for permission to have her son sleep in the same bed with him. She finally relented after Jackson flew them to Vegas as his guests. Jackson then gave her jewelry and let her use his credit card on shopping sprees. There were other trips for her and family members - twice to Disney World, another visit to Vegas and a visit to Monaco. During this period of time her son withdrew from her and became sullen. The family then received a $20 million-plus settlement. The mother has not seen her son for eleven years. He supposedly left the country to avoid testifying in the present case. Ralph Chacon, a former Jackson security guard testified that he saw Jackson passionately kiss and perform oral sex on this boy in a Neverland bathroom on one occasion during 1992-1993. The boy reportedly left the country to avoid testifying in this case.) Chacon and other employees were fired for various reasons, including theft. Chacon sued Jackson for wrongful termination but lost a countersuit. Chacon was ordered to reimburse Jackson for things he took and to pay Jackson's attorney's fees. Instead, Chacon went into bankruptcy. Victim family's attorney Larry Feldman testified that he was asked to step into the present case because he handled the $20 million + settlement in 1993. Feldman said that in the present case (Gavin) he referred the victim and his siblings to psychologist Stanley Katz because "we were trying to make heads or tails of what they were telling us." Feldman said he and Katz contacted the Dept. of Children Services. Dissatisfied with their response, he then personally reported the matter to the D.A. Feldman said there were no plans to file a lawsuit. "I said no lawsuit. I would not file a lawsuit and there were no plans to file any lawsuit." Adrian Marie McManus, a former Jackson maid testified that she saw Jackson passionately kiss the boy from the 1993 incident and hold his crotch area. She said that Jackson regularly slept with boys and that she saw him inappropriately kiss and fondle at least four. But when deposed in the 1993 civil case, McManus, who was then employed by Jackson, testified that she did not see her boss do anything inappropriate. She repeated the same to authorities. McManus later left her job with Jackson under a cloud and joined the lawsuit against Jackson. She was countersued for theft, lost, and was ordered to reimburse Jackson $35,000. McManus received money from tabloid magazines for gossip about Jackson and other celebrities. Phillip Lemarque, a former Jackson chef worked for Jackson in 1991-1992 and left because of a dispute involving his wife. Lemarque testified that he saw Jackson with his hands in Maculay Culkin's pants while the two played video games. (Caulkin, who is not expected to testify, has publicly denied that Jackson improperly touched him.) After working for Jackson, Lemarque opened a pornographic website. Lemarque admitted that a broker for tabloid magazines told him that the value of his story would increase from $100,000 to $500,000 if Jackson's hands went from outside the boy's pants to inside. But Lemarque said he never followed up on the offer. Pornographic books seized by LAPD in their 1993 search of Neverland. Prosecutors introduced two books, both filled with pictures of boys. One is reportedly ten percent pornographic, the other ninety percent. Neither book is "illegal" to possess. Jackson supposedly kept these books in a safe in a locked closet and did not show them to anyone. Defense Case Child guests who shared Jackson's bed at Neverland Brett Barnes, an Australian who as a child had traveled with Jackson to several countries, praised Jackson and denied that anything improper ever took place. So did his mother, Marie Barnes, and his sister, Karlee Barnes (she also got in bed with the singer). Wade Robson, an Australian dancer/choreographer, appeared in Jackson music videos when he was a child. He said he stayed with Jackson many times and they slept in the same bed. Robson said he was never inappropriately touched. Robson said he never took a shower with Jackson even though the maid said he had. Robson said he was "furious" at the allegations and had to quit his job as a croupier in Australia to testify. Wade's mother, Joy Robson and Wade's sister (she also occasionally slept in Jackson's bed) also testified and said they never saw anything inappropriate. Joy Robson said that she talked with the mother of the boy involved in the $20-million settlement about the emotional toll when Jackson got a new "special friend" (according to the L.A. Times these "special friends" were Robson in 1990, Culkin in 1991 and Barnes in 1992.) Macaulay Culkin testified that Jackson never molested him and that the allegations against Jackson were "absolutely ridiculous." His statements directly contradict the testimony of former Jackson chef Phillip Lemarque (see above). Culkin said he occasionally slept in the same bed with Jackson. Current and former Neverland employees Five Neverland employees said they never saw Jackson do anything inappropriate. These include Joseph Marcus, presently the property manager, Francine Contreras, a former maid, Gayle Goforth, former head housekeeper, Violet Silva, present security coordinator and Ramon Velasco, a former guard. Contreras and Goforth had bad things to say about former maid McManus, who testified that she saw Jackson molest a boy. Both said that McManus never told them about this. Marcus also denied he held the victim's family against their will. He said that his instructions to stop the victim and his siblings at the gate was to keep underage children from driving off in a car. Marcus admitted he had lied when he once said he had "no knowledge" that children slept in Jackson's bedroom. Several present and former Jackson employees testified that the victim and his siblings acted spoiled and rude, drank and demanded alcoholic beverages and had pornography in one of their backpacks. Jackson's former attorneys David LeGrand, a former Jackson lawyer, testified that he discovered nearly $1 million missing from the star's accounts. Mesereau's (Jackson's present attorney) purpose for putting him on the stand was to demonstrate that, far from "conspiring" with his aides, Jackson might have actually been their victim. Mark Geragos, another former Jackson lawyer, testified that Jackson told him that nothing untoward had ever happened with his guests. "He said he didn't do anything, that there's nothing untoward or sexual. When anyone spent time in his room it was unconditional love." Geragos described Jackson as "childlike" and "ripe as a target" and said the star's relationship with the victim and his family was a "pending disaster". He said he ordered surveillance of the family because he thought they intended to "shake down" his client. (Geragos was Scott Peterson's lawyer. Jackson supposedly fired him because he was not paying enough attention to this case.) Jackson's relatives Rijo Jackson, a cousin, said that he saw Jackson's accuser and his brother fondle themselves while watching naked woman on T.V. He saw them take money from kitchen drawers and thinks they stole liquor. His sister, Simone, testified that she saw the boys take liquor bottles. Others A Solvang orthodondist, her secretary and a beautician said they had dealings with the accuser's family and did not see anything to suggest that the family members were being held against their will. Santa Barbara County Sheriff's Cmdr. Russ Birchim testified that former Jackson security guard Ralph Chacon (see above) and his boss asked about getting on a "witness protection program" if they testified against the singer. Both said they had "hypothetical" knowledge about Jackson having sex with a boy. Two L.A. County social workers testified that the victim denied being molested when interviewed in 2003. Their action was sparked by a complaint from the boy's school about his absences. They also said that the accuser's mother said nothing about being held against her will. Two of Jackson's guards were also there but were asked to leave during the interview (they secretly recorded a portion). Vernee Johnson, an actress said that she dropped a plan to organize a benefit for the victim when his mother asked that she put the money in her bank account. An L.A. County welfare worker testified that the victim's mother lied to get welfare benefits, by leaving out the $150,000 J.C. Penney settlement and falsely claiming that she did not have health insurance (she was covered under her estranged husband's policy). An El Monte newspaper editor said that she was deceived by the victim's mother into running a story that emphasized her lack of health insurance, when in fact she was covered. A former sister-in-law of the victim's mother cried as she testified that the mother yelled obscenities at her for sponsoring blood drives instead of asking for cash. Jay Leno said he called the victim, as he did other sick children, and spoke with him on the telephone. Although what the child said seemed scripted Leno insisted that no one asked him for money. Leno said that there was an adult woman talking in the background but it could have been a nurse. Leno said he was also called by the Santa Barbara Sheriff's Office and told them he "assumed" the family was looking for money but he had no evidence. Actor Chris Tucker testified that he spent a lot of time and money helping the victim's family, including flying them to be with Jackson. At one point the victim's father asked him to host a benefit. The victim later called him and said that enough money was not raised, so Tucker sent $1,500. Tucker said he grew to seriously doubt the mother, whom he described as as "cunning", and said that he warned Jackson about the family. Mary Holzer, a paralegal, helped the victim's family collect $65,000 from two stores in an El Monte shopping mall for bruises allegedly inflicted by security guards. Holzer said that the victim's mother told her the bruises were actually caused by her husband. Holzer said the victim's mother intimidated her into silence by mentioning she knew someone in the Mexican Mafia. Philip Esplin, a forensic psychologist, testified that children were most likely to lie about molestation if influenced by a parent. He agreed that sharing a bed was consistent with sexual abuse. Prosecution Rebuttal Videotape of the victim's interview by Santa Barbara sheriff's detectives, July 2003. Victim said that Jackson told him he needed to masturbate, then did it for him. From that point on, according to the victim, he and Jackson shared a bed. Jackson masturbated him every night that the victim's little brother was not there, a total of five times. The judge allowed the tape in only for the prosecution's stated purpose, to "rehabilitate" their witness, whose spontaneity in answering questions had been challenged by the defense, which suggested he was following a script. According to observers and the media, the victim only reluctantly admitted being molested and seemed greatly ashamed, lending him an air of credibility and greatly damaging Jackson's defense. The defense rested without presenting any rebuttal witnesses. Jury Instructions As to the conspiracy charge, the judge said that jurors had to agree there was a criminal purpose for the conspiracy. If they agreed on this they could pick from any of the alleged 28 over acts and did not have to settle on the same one. As to the molestation charges, the judge said jurors could (but did not have to) infer that Jackson was disposed to commit sexual offenses if they found that he had committed them in the past. If this inference is made, it is by itself insufficient to find Jackson guilty of the present charge. Jurors were also free to make up their own mind whether any of the things Jackson said on the "Living with Michael Jackson" documentary amounted to an admission. Closing Arguments Deputy Santa Barbara D.A. Ron Zonen claimed that Jackson capitalized on his wealth and prestige, going after young boys who lacked a strong father, behaving like a lion "who goes after the weakest antelope", . Zonen said that Jackson groomed the children for sex with pornography and liquor, creating an atmosphere where "anything goes". He described Jackson's bedroom as a "fortress" where boys learned about sex and drink and lost their inhibitions. Zonen also pointedly attacked the defense attorney, Mesereau, for not following through on a promise made during opening arguments to prove that the accuser's family had tried to shake down numerous celebrities. "Mr. Mesereau either knew or should have known that what he said [about folks shaking down Jackson] was not true", said Zonen. Jackson's attorney, Thomas Mesereau argued that Jackson was besieged by greedy opportunists and had naively let people run roughshod through his home. Portraying the accuser's family as "con artists" and "actors" who took their accusations to a lawyer instead of the police, he said it was obvious they were hoping to cash in on a conviction. "The first step is a conviction in this courtroom, by you." Pointing to the rebuttal video, where the victim and his mother said only nice things about Jackson, he disparaged the prosecution's assertion that the molestations only began later. Mesereau called the victim and his brother trained liars. He ridiculed the victim's statement that both Jackson and his grandmother told him that masturbating could prevent him from raping a woman. "What are the chances of Michael Jackson and his grandmother telling him that identical statement? He's a liar. He's a perjurer." Jackson's attorney also questioned the victim's lack of affect during his interview with the psychologist. Reactions After the Not Guilty Verdicts Prosecutor Tom Sneddon responds to reporters' questions immediately after the verdicts on June 13, 2005, in which Jackson was acquitted on all ten counts of the Indictment: Sneddon: "In 37 years, I've never quarreled with a jury's verdict and I'm not going to do it today...we all did our job and did it conscientiously." Jurors said they agreed to treat Jackson as they would anyone else. They said they put all else aside and stuck to the facts. Juror Raymond Hultman thought that Jackson had molested boys but insisted it didn't "make him guilty of the charges in this case....We were required to look at some very specific counts. One of the counts wasn't that Michael Jackson was sleeping with boys or that he was guilty of having adult materials in his home." Another juror questioned the need to bring in fingerprint evidence to prove that Jackson and the boys handled pornographic magazines: "Those are adult magazines, anyone can own them....It doesn't prove the charge." Most of the jurors were strongly put off by the victim's mother, particularly her snapping a finger at the jury and looking directly at jurors when answering questions. A Hispanic juror said that he resented it when she looked at him and made a reference to her culture. "I thought, that's not how our culture is." Lawyers reviewing the outcome pointed to the mother's lack of credibility and said that her performance doomed the case. Some felt that the conspiracy charges - which required the mother's testimony - should never had been brought. Other factors that hurt the case included the testimony of Debbie Rowe, Jackson's ex-wife, who unexpectedly praised the defendant, and that of several boys, including actor Culkin, who said they slept with Jackson but were not molested. The defense also successfully challenged the credibility of nearly every prosecution witness, pointing out ulterior motives and inconsistencies. According to USC Professor Jean Rosenbluth, considering "the nutty family and delinquent brother and all the problems of a lot of the prosecution witnesses," the beyond a reasonable doubt standard simply proved "too high a hurdle." |
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