People v. Jackson

A man in a street holds a sign which reads "Michael Is Innocent"
A fan showing support for Jackson in 2004, as he becomes the subject of a second set of child sexual abuse accusations

People vs. Jackson (full case name: 1133603: The People of the State of California v. Michael Joe Jackson) was a 2005 trial involving recording artist Michael Jackson. The accuser was a boy, Gavin Arvizo, who was 13 years old at the time of the alleged crimes. Jackson was indicted for four counts of molesting a minor, four counts of intoxicating a minor in order to molest him, one count of attempted child molestation, and one count of conspiring to hold the boy and his family captive at his 2,700-acre (11 km2) Neverland Ranch, as well as conspiring to commit extortion and child abduction. He denied all counts and asserted that he himself was the victim of a failed extortion attempt. On June 13, 2005, the jury found Jackson not guilty on all fourteen charges, which included all of the above plus four lesser-included misdemeanor counts.

Contents

Early events

Bashir documentary

In a Granada Television documentary[1] entitled Living with Michael Jackson, British journalist Martin Bashir interviewed Jackson extensively. The film was broadcast in the UK on February 3, 2003, and in the U.S. three days later. The boy is shown holding hands with Jackson and resting his head on Jackson's shoulder. At trial, the boy testified that Jackson initiated the hand-holding, but that he had put his head on Jackson's shoulder because he was "really close to Jackson" and Jackson was his "best friend". Both he and Jackson testified that they had slept in the same room, but not in the same bed. They also agreed that each had offered to sleep on the floor and let the other have the bed.

Later, the boy complained that he had not realized that the footage would be broadcast all over the world and that, after it aired, he was teased by his friends. His mother stated that she had not given Bashir permission to film her son and was not even aware of it prior to broadcast. Jackson stated in the documentary that many children, including Macaulay Culkin, his younger brother Kieran, and his sisters[2] had slept in Jackson's bed; all maintained that nothing inappropriate occurred.

Responding to criticisms of the broadcast, Santa Barbara County District Attorney Thomas W. Sneddon Jr. stated that, under California law, the distinction was irrelevant. An adult sleeping in the same bed as a child is not a criminal offense, unless "affirmative, offensive conduct" occurs.[3] Michael Jackson was initially charged in a criminal complaint by the Santa Barbara District Attorney's Office. Before the case proceeded very far, Sneddon changed his strategy and obtained an indictment before a county grand jury. Jackson and his aides were indicted for conspiracy to commit child abduction, false imprisonment, and extortion. Jackson, himself, was indicted for alleged acts of child molestation, attempted child molestation and providing alcohol to an underage person for purposes of molestation. Some sources were critical of the indictments, believing them to be an attempt to ameliorate PR damage caused by the documentary. Jackson was also indicted for child molestation, based on the accuser's allegations of events subsequent to the documentary, when he and Jackson had already been friends for several years. One defense to this accusation was that it contradicted logic, i.e., that Jackson would not have molested the accuser after the documentary aired. As his attorney put it,

The Bashir documentary was aired in the US on February 6, 2003; Gavin Arvizo's given time frame for the alleged molestations was February 20, 2003 – March 12, 2003. The family was acquainted with Michael Jackson for almost 2 years, but the alleged victim claimed he was molested after the footage was filmed and at a time "the whole world was already watching".

Rebuttal video

In response to the Bashir documentary, a second video called Take Two or The Footage You Were Never Meant to See, was aired. The production included Bashir praising Michael's qualities as a father and his relationship with children in general, while in the other production Bashir said he was "disturbed" about Michael's relationship with children. Further, the production included an interview with the family, filmed on the night of February 19, 2003, in Moslehi's home. This part of the footage was not aired because the videographer Hamid Moslehi refused to hand it over, following a financial dispute with Jackson.[4][5] It was found by police in a search of Moslehi's home in November 2003, and it showed the accuser's family praising Jackson, with the accuser insisting no molestation had occurred and that Jackson was "innocent".[6] Arvizo, his sister Daveline, brother Star and mother Janet were "upfront" and said that inappropriate behavior had "absolutely not occurred" while also calling him a father figure.[6] They also insisted that they slept in Jackson's bed although Jackson himself always slept on the floor.[6] To further the rebuttal Janet Arvizo issued the statement:

"The relationship that Michael has with my children is beautiful, loving, father-son and daughter one. To my children and me Michael is part of the family."[6] She also stated that she was thinking of taking legal action against Martin Bashir.[6]

DCFS interview

On Feb 20, 2003, Janet Arvizo was interviewed by the Sensitive Case Unit of the Los Angeles Department of Children & Family Services (DCFS), as part of an investigation jointly carried out with the LAPD. A school official from the Los Angeles Unified School District had lodged a complaint out of concern for the boy who would later be Jackson's accuser, and his younger brother. The official did so out of general neglect by their mother and sexual abuse by Jackson, after watching the Bashir documentary. The entire family insisted that no inappropriate contact with Jackson occurred; moreover, the mother said that the children were never left alone with Jackson. The case was closed and the charges marked as "unfounded." Afterwards, in November 2003, when there was outside interest in connection with charges against Jackson, a report was made.[7]

Plans for a trip to Brazil, final departure from Neverland

In mid February 2003, Marc Schaffel, Michael Jackson and Janet Arvizo decided on taking a trip to Brazil for one week while the Arvizo family was to be moved into a new apartment and children checked into a new school district. This was a result of the negative attention received by Michael Jackson and the Arvizo family after the Bashir Documentary. Marc Schaffel instructed Jackson's employees to help with preparations for the Brazil trip and the new apartment move and Arvizo children being checked into a new school district.

After the child services interview, Janet Arvizo brought a Jackson employee to meet with Karen Walker of the Los Angeles DCFS. Walker advised the Jackson employee that the Arvizo family are being heckled by the media resulting from the Bashir Documentary and need an apartment suitable for a family as well as the children checked into school. The trip was disclosed to Walker and the apartment change and school district check-in would be made when on vacation in Brazil.

The family planned a trip to Brazil. These plans play a role in the allegations and more specifically the conspiracy charge with the unindicted co-conspirators. The Arvizo family wanted to go to Brazil with Michael Jackson on vacation. After all of the preparations were made for the trip to Brazil and the move to a new apartment, Janet decided to call off the vacation and it was immediately called off. According to witnesses, the Jackson camp told the family that there were death threats related to the airing against the family. The Arvizos claim that Jackson planned to trap the family in Brazil to keep them from making allegations. However, the defense asked why Jackson would buy the family a two-way ticket to and from Brazil if his plans were to "trap" the family in another country.

The children went back to Jackson's Neverland ranch, and a day later, their mother came as well after making preparations for the trip to Brazil, although, she says, she did not really want to go. From February 25 to March 2, the family and some of Jackson's staff stayed in a hotel in Calabasas, California, and they went shopping in preparation for the trip to Brazil. After that, they stayed at Neverland again. On March 10, the mother and the accuser went from Neverland to Kaiser Permanente Hospital with a urine sample of the accuser, Gavin, for a scheduled medical check-up. On the way to the hospital, Janet spilled the urine sample on the passenger side car floor. When asked by the Jackson employee what happened, Janet said that she spilled the urine accidentally. At the hospital, Gavin received numerous tests for his kidney including a dye test. The urine sample was not enough for one of the tests and it came back inconclusive. Afterward the accuser went back to Neverland, while the mother went to stay with her fiance. It would be their last stay at the Neverland ranch. Apparently, the accuser was very angry with his mother that she would not allow him to return to Neverland.

Mother of accuser seeks legal advice

Janet approached Larry Feldman, the attorney who represented Jordan Chandler (first accuser) in 1993.[6] This made some believe she was intent on getting money because she went to an attorney before the police. The child psychologist Stan Katz told Santa Barbara sheriff's investigator Paul Zelis that "Mr. Feldman actually referred these kids to me. Because they had come to him in this lawsuit."[8] Other people believe that she sought legal advice because she was afraid that she could be charged with child endangerment when the abuse accusations surfaced. It would have been difficult for Janet - or any other parent - to explain why they allowed their sons to sleep in the same room with a middle-aged man. It was also the same attorney who helped get an out-of-court settlement for Jordan Chandler for a reported $20 million. Feldman then sent the family to a psychologist, Dr. Stan Katz, who was the same psychologist that assisted the first accuser's family to uncover whether there might have been sexual abuse. The accuser's brother told him that he had witnessed Jackson touching his brother. Katz reported this to the authorities, as is compulsory for someone of his profession in such a case, being a "mandatory reporter of child abuse". He later said in his opinion Jackson was not a pedophile but a regressed 10 year old.[8] Feldman and Katz were later focused on by the defense, stating that the mother (Janet) went to the same people that triggered the first investigation on Jackson back in 1993.

Santa Barbara County Sheriff's Department investigation

In June 2003, the Santa Barbara County Sheriff's Department started an investigation. In July 2003 they first interviewed the family. On November 18, 2003, a team of more than 70 investigators from the Santa Barbara County District Attorney's Office and Sheriff's Department executed a search warrant upon Jackson's Neverland Ranch. These actions were criticized because more law enforcement personnel 'raided' Neverland Ranch than for any murderer or serial killer in American history.[6] The district attorney opened a website for an 'open casting call' for anyone who has been molested by Michael Jackson and/or who has any information against Jackson.[9]

Arvizo family

Jackson's attorney alleged that the charges were made in retaliation by the family after the family members realized that Jackson was not going to continue supporting them financially indefinitely.[10] The family was portrayed during trial as exhibiting a long history of attempting to extort celebrities.[11]

J.C. Penney: alleged assault, litigation and psychiatric analysis

In August 1998, the Arvizo family was detained on a shoplifting charge at a J.C. Penney department store in West Covina, California. According to J.C. Penney, Gavin and Star Arvizo were sent out of the store by their father with an armload of stolen clothes, the family was detained and Janet started a "scuffle" with the security guards. The shoplifting charge was dropped, but Janet filed a lawsuit for US $152,000.00, saying that when she was detained she was "viciously beaten" by three security officers, one of whom was female.[6] The psychiatrist hired by J.C. Penney to evaluate Janet Arvizo found her to have rehearsed her children into supporting her story and to be both "delusional" and "depressed," although Janet's own doctor found her to be only the latter.[6] More than two years after the original alleged incident, Janet added a further charge that one of the male officers had "sexually fondled" her breasts and pelvis area for "up to seven minutes".[6] Ultimately the department store settled out of court with the family for US $75,000.[6]

Gavin Arvizo

Gavin Arvizo was born in December 1989. He was 13 years old between February 20 and March 12, 2003, when the alleged crimes were said to have been committed, two weeks after Bashir's documentary aired in the US. In 2000, the accuser was diagnosed with cancer and had his spleen and a kidney removed. Jackson organized a blood drive and accommodated transport for his chemotherapy treatment.[6] Soon thereafter, Jamie Masada,[12] the owner of a comedy club called Laugh Factory, fulfilled his wish to meet Jackson, and the boy visited Neverland eight times, where in two occasions he and his family met Michael Jackson as on the other six times Jackson was not home or not available. In 2001, there were no visits but he and Jackson had 20 or so telephone conversations regarding his recovery as the cancer had remissed. In 2002, the documentary Living With Michael Jackson was filmed, and aired February 6, 2003. Until February 2005, the accuser was officially anonymized as "John Doe" by the court and the media, although his full name was already available all over the Internet.[13]

David Arvizo

Gavin's father, David Arvizo, visited Neverland several times in 2000, sometimes with the whole family, other times with just the children. After 2000, the accuser's parents were divorced, and his mother had custody over him and his older sister and younger brother. In 2002 David Arvizo pleaded no contest to spousal abuse and in 2003 pleaded no contest to child cruelty.[6] After having completed classes in parenting and anger management, David Arvizo applied to have a three-year restraining order against him temporarily lifted, to allow him to see his three children.[6] He claimed he wanted to see for himself how his son's health was, and hoped to find out whether the boy and Jackson had sexual contact. He blamed his ex-wife for allowing the boy to sleep in the same room with Jackson, and also claimed that she had been in a mental hospital. As of late 2004, David insisted: "My children are routinely rehearsed by their mother Janet to do or say whatever she wishes."[6]

Janet Arvizo

When the Arvizo family and Jackson were on good terms, Janet Arvizo encouraged all the children to call Jackson "Daddy," even though he had three children of his own.[6] The accuser's mother, Janet, has been identified as the most problematic of the prosecution witnesses. Before the trial, she had committed welfare fraud. Her behavior of snapping her fingers and staring at the jurors was criticized by jurors after the trial.[14] There were often instances when the court erupted in laughter over her answers.[15] She claimed that she and her family were held against their will at Neverland Ranch. Despite the claim, during their supposed days of captivity, she and her family had gone out to shop at the local Toys R Us, visited the beauty parlor, had braces removed at the dentist, and had gotten visa forms for a trip to Brazil in downtown Los Angeles. Domestic staff testified that the idea that the family were prisoners of Neverland was ludicrous, as there is no fence surrounding the property and opposite the busy main road were two schools. In fact, the housekeeper testified that the Arvizo family enjoyed their stay at Neverland, often at the expense of the host. She insisted that Jackson's associates wanted to keep them there because of the negative impact of Bashir's documentary on Jackson's image, and, due to damage control, that they were forced to stay to film a rebuttal documentary. She was often unresponsive to questioning, even by the prosecution. She seemed to argue defensively over seemingly small issues, such as whether she had a body wax or only a leg wax. She even accused the defense of altering a receipt for the body wax. Questions were often answered with speeches or catch-phrases, rather than answers. Her cross-examiner, Tom Mesereau, refused to object to her rambling, confusing diatribes, which resulted in the prosecutor repeatedly objecting to his own witnesses' answers. She made repeated use of a few catch phrases, such as "It's burned inside my memory", "Money doesn't buy happiness",[15] and testified to the sheriff that Jackson wanted to kidnap her and the family with a "hot air balloon".[16] Her "balloon" testimony was met with widespread laughter in the courtroom. Janet Arvizo was convicted for welfare fraud in February 2006. She had to serve 150 hours of community service and to pay US $8,600 in restitution.[17]

Arrest and investigation

Warrant and arrest

Along with the warrant to search the premises was a warrant for the arrest of Jackson. Jackson was in Las Vegas, Nevada at the time recording a music video for his most recent hit single "One More Chance" from his greatest hits album 'Number Ones', which had been released at midnight, just hours before the warrants were issued and the allegations broke to the media. On November 20, Jackson flew in a leased jet to Santa Barbara Municipal Airport and surrendered himself to California police. Driven by police to the Santa Barbara County Jail, he emerged from the police vehicle in handcuffs. Many lawyers and Jackson supporters saw it as a police and media attempt to convince the public of Jackson's guilt, while some saw a racial element to the police's actions.[6][18][19] He was charged with "lewd or lascivious acts" with a child younger than 14 under section 288(a) of the California Penal Code.

Jackson posted $3 million bail, later requesting a reduction of that amount. The prosecution opposed this as they argued that Jackson might consider going to live in another country as a fugitive, citing Andrew Luster as an example: he fled to Mexico, notwithstanding his $1 million bail bond. Many argued that Jackson had good reason to be angered at the high level of bail as Phil Spector only had to pay $1 million in his murder trial; the high amount was seen as racist by some.[19] The bail was later ordered returned by the judge after Jackson's acquittal.[20]

The Judge was Rodney Melville, 62. Judge Melville had temporarily exempted Jackson from having to stay in the U.S. until January 6, 2004, so that he could make a possible trip to Britain. Jackson, however, did not use this exemption. Shortly after being arrested, Jackson was required to surrender his passport to Santa Barbara authorities. At the time of his booking, his weight was measured at 56 kilograms (120 lb), a notably low weight for a 1.8 metre (5 ft11 in) middle-aged man. A series of public vigils to protest his innocence, organized by fans, were held on November 23.

On November 25, 2003, it was revealed that unknown to Jackson, the private jet that was chartered to take him and his attorney from Vegas to California was secretly wired with recording devices. A third party took recordings on this trip and attempted to sell them to major television and radio networks for a large amount of money; all declined to purchase. A restraining order against the jet company has been issued prohibiting the videotape from being shown to any third parties; a lawsuit demanding $500,000,000 was filed by Jackson's party against the perpetrators.[citation needed] On November 26, 2003, it was revealed that XtraJet, the company that found the recordings and hidden cameras on Jackson's plane, on Monday, showed the video to several news organizations on November 24. Fox News Channel reported that the tape shows Jackson calm and relaxed on the plane.[21] Jackson's legal team (at that point) were awarded $18 million in damages in 2008.[22] The company went bankrupt.

Jackson complains against the police

During a 60 Minutes interview with Ed Bradley, Jackson claimed that he was manhandled by police during his booking. Among other things, he claimed that his shoulder was dislocated, that he was locked in a dirty bathroom for "over 45 minutes". He also showed the camera clearly visible large bruises on his arm which he said was a result of tight handcuffs.

The Santa Barbara County sheriff released video tape showing Jackson's arrest. They also released audio tape of his ride into the police station. In it Jackson complains about the handcuffs and is politely told by an officer how he can relieve the discomfort. He is heard to be whistling and he asks for the air conditioning to be turned on; it is. Police allege this proves Jackson's claims are false, Jackson (and his family) claim that what is being shown is only a biased view of what occurred. California State Attorney General Bill Lockyer ordered an independent investigation into Jackson's complaints. After interviewing 163 witnesses, the complaints were rejected in August 2004.

Charging

On December 18, 2003, Jackson was charged with seven counts of child molestation and two counts of administering an intoxicating agent, in order to commit that felony, in February and March 2003, all regarding the same boy under 14. The felony complaint stated that Jackson had, on seven occasions, "willfully, unlawfully and lewdly committed a lewd and lascivious act upon, and with, the boy's body and certain parts and members thereof, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires" of Jackson and the boy and that this sexual conduct had been "substantial." Also that, on two of these occasions, Jackson had administered to the boy an intoxicating agent with intent thereby to enable and assist himself to carry out the previously mentioned act. Jackson denied these allegations and said that the sleepovers were non-sexual. He still described the boy on whose statements the accusations were based as "a sweet child"; he said the boy was manipulated by greedy parents.

At the prosecution's request the judge issued a gag order which forbade the following parties to talk to the news media; the defendant, the prosecutor, defense counsel, any attorney working in their offices, their agents, staff, experts, any judicial officer or court employee, any law enforcement employee and any agency involved in the case and any persons subpoenaed or expected to testify. The purpose was that people among whom a jury had to be selected were not influenced. However, he would consider proposals to allow either side to answer reporters' questions about rumors surrounding the case.

Arraignment

Jackson was arraigned on January 16, 2004, at the court in Santa Maria. He was admonished by the judge for turning up 20 minutes late. Jackson was represented by attorneys Mark Geragos, Ben Brafman, Steve Cochran and Robert Sanger. Jackson entered a plea of "Not Guilty." Judge Melville turned down a media request for publication of 82 pages of documents and related tape recordings on the grounds of violation of the parties' privacy rights and complicating the process of selecting an unbiased jury. It concerned the boy's accounts of what allegedly happened, interviews with his family, statements made during the child's psychological counseling and information about the Chandler's case.

Court sessions

In a court session on February 13, 2004, it was revealed that the defense had just received 400 pages of evidence from the lead prosecutor and that hundreds more were expected. The judge said he wanted the trial to begin before the end of 2004. Both sides agreed that was possible. Jackson was not present. In the court session of April 2, 2004, the judge ordered papers to be released from the previous $3 million lawsuit started by the accuser's family against J.C.Penney department store (see above); Jackson's defense said they would be used to show Jackson's innocence. On April 5, 2005, Jackson posted a $3,000,000 bail bond from Plotkin Bail Bonds of Norwalk, California, paying a bond fee of $300,000.[23]

Grand jury proceedings and indictment

Grand jury proceedings (without defense counsel and without a judge present) in Santa Barbara, starting in March 2004, led to Jackson's indictment on April 21, 2004. The grand jury was composed of nineteen jurors; the indictment required the votes of at least twelve jurors. Prosecution witnesses testified without defense cross-examination. The judge ruled that witnesses before the grand jury could talk to defense attorneys about their knowledge of the case as long as the witnesses did not tell what they saw in the grand jury room or what questions they were asked and their answers. Many grand jury witnesses were snuck into the building where the grand jury was meeting, sometimes covered in blankets to hide their identities. In February 2005 The Smoking Gun published the Grand Jury transcripts (1903 pages).[24]

On April 25, 2004, Mark Geragos and Ben Brafman were replaced as Jackson's lead counsel, one-time Robert Blake defense attorneys Thomas Mesereau and Susan Yu.[25] Steve Cochran and Robert Sanger continued to represent Mr. Jackson, although Cochran left the team prior to trial (See transcripts for case no. 1133603). The second arraignment was held on April 30, 2004. Brian Oxman was brought onto the team by Mesereau. The new charges, to which Jackson plead "not guilty", were similar to the earlier ones, allegedly "on or about and between" February 20 and March 12, 2003, but with the addition of conspiracy involving child abduction, false imprisonment and extortion. The first two referred to the allegation that the accuser, although he was free to move within Neverland, was at some stages not allowed to leave the ranch, even when his mother wanted this to occur.

Alleged co-conspirators

The indictment named five alleged co-conspirators (not indicted themselves):

  • Frank Tyson (also called Frank Cascio), 23, who was Jackson's personal assistant, and allegedly threatened the accuser's younger brother, who was a witness of part of the alleged crimes. Tyson and Jackson were friends since Tyson was a small boy. Tyson's father was the concierge at a New York hotel where Jackson stayed. After the 1993 allegations, Tyson and his younger brother were seen traveling with Jackson.
  • Vince Amen (also called Vinnie "Black"), 24, who worked for Jackson's production company and allegedly held the family at Neverland against their will – was acquainted with Jackson through Tyson.
  • Marc Schaffel – producer of the unreleased song What More Can I Give featuring various celebrities on vocals in an attempt to raise funds for disaster relief following the September 11 attacks. His house was searched by the police in 2004.
  • Dieter Wiesner
  • Ronald Konitzer

The trial

The jury selection for the trial started on January 31, 2005, and the trial ended on June 13, 2005, when the jury returned a unanimous Not Guilty verdict on all fourteen charges. Of the twelve jurors, eight were women and four were men. There were eight alternate jurors, consisting of four men and four women.

The official trial transcripts show that Ron Zonen conducted jury selection for the prosecution; Tom Mesereau for the defense. Tom Sneddon gave the opening statement for the prosecution; Tom Mesereau for the defense. Ron Zonen gave the closing argument for the prosecution; Tom Mesereau for the defense. Tom Sneddon, Ron Zonen, Mag Nicola[26] and Gordon Auchinloss examined witnesses for the prosecution; Tom Mesereau and Robert Sanger for the defense.[27] Brian Oxman was eventually removed from the defense team in the middle of the trial by Mesereau and Yu. Outside the courtroom, there were 2,200 reporters covering the trial, more than the O.J Simpson and Scott Peterson trials combined.[28] Because no television cameras were allowed inside the courtroom, E! and British Sky Broadcasting broadcast a re-enactment of the trial. It aired Monday through Friday at 7:30 and 9:00 pm.

Bashir refused to answer any question regarding unpublished footage of his documentary, or anything about how it was prepared and produced. This refusal was based on the California Constitution's journalist shield law and the First Amendment privilege for journalists. Judge Melville decided that the defense could submit a request to Melville to have Bashir return to testify more, against which Bashir could file opposition. Also Melville agreed that before possibly charging Bashir with contempt of court for refusing to answer, Bashir would be heard. but Bashir refused to respond to his cross-examination.

On the morning of March 10, 2005, Jackson was hospitalized due to a back injury. The judge threatened to issue an arrest warrant and forfeiture of the bail, if Jackson did not show up within an hour. Jackson was rushed to the courthouse still wearing pajama pants and slippers. This incident was heavily covered in the media, with Bill Fallon even suggesting Jackson's attire indicated his guilt, calling Jackson "a nut," "mentally ill," and saying, "if anybody has any question about Michael Jackson being able to commit this crime...this proves he doesn't listen to anybody." [29]

The alleged first sexual act was Jackson masturbating Gavin on Jackson's bed. Jackson allegedly initiated the molestation by urging the accuser to masturbate, telling him that boys who didn't "might rape a girl." However, in a police interview before the trial, Gavin was asked what he knew about masturbation and he said, “My grandma explained it to me. She told me that...if men don’t do it...they might go ahead and rape a woman”.[30][31] When asked about this coincidence, the accuser maintained that both his grandmother and Michael had happened to tell him the same thing, but with different motives. The accuser testified that during that first sexual incident, he was wearing pajamas given to him by Jackson, and that the two of them "were under the covers."[32] Jackson allegedly manipulated the accuser's genitals for about five minutes, causing the accuser to ejaculate (count 2).[33] Afterwards, the accuser said, Jackson told him "it was okay" and they "just went to sleep." The next night, Gavin testified, "the same thing happened again" (count 3), in Jackson's bed, both of them wearing Jackson's pajamas, but now they were on top of the covers, and maybe "watching T.V. or something."[34] This time, Jackson allegedly also tried to guide the accuser's hand to Jackson's genitals, but the accuser pulled away (count 6). Gavin couldn't remember for sure if he ejaculated the second time but he thought he did.[35] The accuser at one time told Sneddon he had been molested before the rebuttal video, but in court he testified that all the molestation had been after the video was filmed.[36] The number of times he claims to have been molested is also unclear, as he only testified in court to two incidents, but he had previously told Sergeant Steve Robel that he thought it was "between five and seven times."[37]

The accuser's 14-year-old brother Star testified that he'd walked into Jackson's bedroom and seen Jackson masturbating himself and the sleeping accuser. He testified that he'd meant to go to sleep in Jackson's room, had found the door "kind of locked, so [he] pushed it, and it opened" and walked some ways into the room and stopped when he saw what Gavin and Michael were doing.[38] He testified they were on the bed "outside of the covers," Jackson was on his back with his eyes closed and Gavin was "curled up" facing away from Jackson and was "kind of snoring."[39] Star couldn't remember what his brother had been wearing but said it might have been "pants or underwears," and that Jackson was wearing "socks, underwears and an undershirt," but later said Jackson's "hand was in his pants."[40][41] He variously used the words "pants" and "underwears" for both Gavin and Jackson to describe what they were wearing. One aspect that made his testimony weak was that Star, the only witness to the alleged molestation, claimed he twice walked in on Jackson molesting Gavin and was completely unnoticed, even while tripping the alarm system in the hallway leading to Jackson's bedroom. There was an alarm or bell noise that sounded whenever someone approached, and Star claimed that on both occasions the alarm went off and Jackson just did not hear it, or see or hear the boy come and go.[42] Star said he stood watching for about four seconds before he "just went back to the guest units."[43] Star testified that two days later he had an almost identical experience. He allegedly walked into Jackson's bedroom and saw that "the same thing was happening," with Jackson "masturbating, stroking up and down" and his other hand moving around in Star's sleeping "brother's underwears."[44] This time Star only stayed for three seconds before returning to the guest units. Star's account of the sexual act on the second occasion neither matched the description he gave during an interview with the psychologist Stanley Katz nor his statement given in police interviews in 2003. Star Arvizo said in an interview with the psychologist Stanley Katz on May 29, 2003, that he witnessed Jackson placing his hand on Gavin's crotch outside his clothes. On July 7, 2003, during his first interview with sheriff's investigators, Star's story changed. He claimed during the first alleged incident Jackson placed his left hand under the front of his brother's pajama pants. Star Arvizo changed his account a third time in a police interview on August 13, 2003, when he claimed Jackson had placed his hand inside the front of his brother's boxer shorts.[45][46] Dr. Katz' grand jury testimony about what Star had told him included a story about Jackson "rubbing his penis against Gavin’s buttocks" and another about smelling marijuana. In court, Star denied that he'd made the allegations and refused Mesereau's offer to "refresh [his] recollection [by showing Star] that page of [Katz'] testimony."[47]

The accuser and his brother both testified that on one brief occasion, they saw Jackson naked, but the boys described the incident differently. According to Star, the brothers were watching a movie on Jackson's bed and Jackson came in to fetch "something." Star testified that Jackson "had a hard-on," and that he told the boys, who were "grossed out," that nudity was natural.[48]Star said Jackson stayed for two minutes and sat on the bed, but neither brother spoke a word during that time.[49] According to Gavin, the boys were "just laying there" when Jackson "ran up there and got something and went back downstairs," without saying anything.[50] Gavin did not describe Jackson as having an erection.[51]

The accuser's mother, Janet Arvizo, testified that on a flight from Miami to Los Angeles, she "saw Michael licking Gavin’s head" while he was asleep.[52] Before she testified about it, she turned to the jury and said, "please don't judge me." Jackson allegedly had an arm around the boy and licked his hair "over and over" while everyone else on the plane was asleep.[53] Janet said she didn't tell any one what she'd seen, and she continued to let her children stay at Neverland, and she later testified that at a point weeks after that incident, she still didn't have "any concerns about Mr. Jackson at all".[54] Star contradicted his mother when he testified that he had been awake to also witness Jackson lick Gavin's head on the plane; he didn't say anyone was asleep, just that the accuser was not feeling well and had leaned against Jackson's chest.[55] Cynthia Bell, a flight attendant on that flight, testified that she'd been awake and could see everyone, and that she saw no inappropriate touching.[56]

After leaving Neverland, the accuser told his school administrator that Jackson had not molested him. During the trial, he claimed that this was a lie as he was teased after Living with Michael Jackson aired and reasoned that he didn't want them to think anything really happened. It should be noted that the alleged molestation did not occur until after the documentary aired. The accuser testified that he was happy at Neverland, and that only after leaving did he realize he didn't want to be there anymore.[citation needed]

Many witnesses testified that the Arvizo children were poorly behaved and demanding. Jackson staff members gave evidence that they broke into Mr. Jackson's wine cellar, and had been caught in Jackson's bedroom on their own and going through his things. The housekeeper Kiki Fournier testified that the guest quarters that were assigned to the boys were trashed by them and at one point the accuser's brother pointed a knife at her in Jackson's kitchen.[57] Cynthia Bell, a flight attendant on a plane carrying the Arvizo children, Jackson and others, testified that Gavin was "very rude" and "obnoxious" during the flight, started a food fight, and bragged to her that Jackson would buy him anything.[58][59]

Witness George Lopez, who has been a friend of the accuser's family, gave the family money, but the father kept asking for more. The defense alleged that the Arvizos tried to con Lopez by framing him for stealing $300 from Gavin's wallet. This allegation was used to illustrate a pattern of family behavior. However, the prosecution says these problems were caused by the father, before the divorce.[citation needed] Other popular comedians testified about their run-ins with the Arvizos. Chris Tucker claimed he had felt sorry for them and had taken them out, bought them things, and given them money. However, as the Arvizos, who he called "cunning," expected more and more of him, calling him their "brother," he felt they were taking advantage of him.[60] [61] He testified that he warned Michael Jackson about the family.[61] Jay Leno testified that Gavin Arvizo called him and praised him lavishly with a woman directing him in the background. He was suspicious and ordered his staff not to let any more of these calls through.[62]

On the first day of her testimony, the accuser's mother, Janet Arvizo, took the Fifth Amendment regarding welfare fraud and perjury allegations. Melville ruled that she could testify without being questioned about the fraud and perjury allegations. The defense would later have the opportunity to present other evidence for the welfare fraud. She admitted that she had lied under oath in the J.C. Penney case,[63] [64] and other witnesses testified that Janet had lied about the alleged sexual assault by J.C. Penney employees, and that she had coached her children to corroborate her story.[65]

Conspiracy and False Imprisonment

Count 1 of the charges was Conspiracy to commit child abuduction, false imprisonment, and extortion. Janet Arvizo claimed she and her family had been held captive at Neverland as well as at a couple of hotels when traveling with Jackson. She expressed her mistrust of "the Germans," Deiter Weisner and Ron Konitzer. She testified that they pretended to want to protect her, telling her the rebuttal video "would appease the killers," but that "Michael, Ronald, Dieter...Frank, and Vinnie...ended up being the killers."[66] At one point, Janet testified that she'd known what questions she'd be asked in the rebuttal video, that Frank "went over" them with her on the phone beforehand and told her to praise Michael. On another day of her testimony, she claimed "the Germans" had scripted every word of the video, even the hand-holding, laughing, and the outtakes when they appear to think the camera isn't on, and the Germans had "worked with [them] daily, numerous times" to learn it all.[67] House manager Jesus Salas testified that the accuser's mother was at no time held at Neverland against her will and that she had never complained of her children being taken advantage of at Neverland. In fact, during their alleged captivity, the Arvizos were taking shopping trips into town, billing $3,312.05 worth of purchases to Michael Jackson.[68][69] They also met with their lawyer and visited a Federal building during this time, and made phone calls to various people, though never the police. Janet testified that she was dropping hints "in code" about her kidnapping during the calls, and explained that she never openly asked anyone for help because of the death threats Jackson's co-conspirators allegedly made towards her parents.[70] Janet and Star claimed Jackson was preventing them from knowing the time or date. When Mesereau pointed out that there were clocks visible "almost everywhere" in Neverland, including a giant "flower clock" on a prominent hill, Star admitted that he was surrounded by clocks but claimed that they had the wrong times.[71] Janet's claims included that she was restricted to "one meal per day," and that Jackson's associates had threatened to make her children "disappear" via hot-air balloon. The Arvizos "escaped" Neverland three times (in Rolls-Royces and limos) but were "convinced" to return each time. When the prosecution presented a complicated chart of phone calls between Jackson's "unindicted co-conspirators" trying to show that they were scheming about the Arvizos' captivity, they accidentally proved that Jackson was not even at Neverland for several of the days of the 2 1/2 week time-frame given for the alleged molestation, and may have been in Miami the day the molestation and conspiracy were alleged to have started.[72]

Pornography

The prosecution alleged that Jackson had showed pornography to children at Neverland, including the accuser and his brother. The raids on Neverland produced an accumulation of twelve years' worth of heterosexual adult magazines such as Playboy, Penthouse and Hustler. The prosecution alleged these were used for grooming young victims. Brett Barnes and Wade Robson, two men who have been friends with Jackson since childhood, testified that they had not been "aware that [Jackson] possessed sexually explicit material" until the trial.[73] [74] There were also a few books seized (from a library of thousands) that the prosecution suggested were evidence of homosexuality and/or pedophilia. Boys Will Be Boys included pictures of boys, many naked, in various non-sexual activities such as climbing a tree or sitting on a bench. The book had an inscription reading, "To Michael: From your fan. Love XXXOOO Rhonda – 1983, Chicago."[75] Wade Robson testified he considered Boys Will Be Boys "not a pornographic book," and said he would not be concerned about its owner being in the same bed as a 12-year-old.[76] Another book, The Boy: A Photographic Essay was inscribed, "Look at the true spirit of happiness and joy in these boys' faces. This is the spirit of boyhood, a life I never had and will always dream of. This is the life I want for my children. MJ." The pictures were taken during the filming of the 1963 Lord of the Flies movie and showed the boys on the set, usually clothed but sometimes nude, playing in the sand, reading comic books, and having pillow fights.[77] The only book depicting sex acts was a rare out-of-print book called A Sexual Study of Man which featured many images of adult men engaged in all kinds of homosexual intercourse.[78] Robson said he would be concerned if the book's owner were to share his bed with a boy, but amended that he would not mind if he considered the total picture of all the material in question.[79] Robson testified that he believed Jackson had a "sexual interest in women," and that he had never seen "anything that suggested pedophilia" at Neverland.[80] Jackson's multiple residences were searched multiple times by multiple agencies over a period of decades, without any child pornography ever being found. The FBI analyzed sixteen computers and found "nothing notable" according to their files.[81]

Gavin and Star Arvizo testified that Jackson had introduced them to pornography. Star described a time when he, his brother, Frank Tyson and Michael Jackson had looked at "pornography sites" on Gavin's computer. The alleged pictures were of naked women and Jackson allegedly whispered to his sleeping son, "you're missing some pussy," before they all watched The Simpsons and went to sleep. Star also testified to twice looking through adult magazines with Gavin, Jackson, and Aldo Cascio. He identified a picture of a particular Barely Legal magazine that he said Jackson showed the boys, until Mesereau pointed out that the magazine had not been published until August 2003, five months after the Arvizos had left Neverland. Fingerprints of Gavin and Michael were found on a particular magazine, but it was only analyzed for fingerprints after the 2004 grand jury proceeding when Gavin handled the magazine without gloves.

Alcohol

The charges included four counts of administering alcohol to a minor, which the jury could either find was done with intent to molest (a felony charge), or without (a misdemeanor). All three Arvizo children testified that Michael Jackson had served them alcohol. Gavin testified that the first time he ever drank alcohol was in the wine cellar with Jackson, where he allegedly swallowed a quantity of vodka thinking it was water.[82] He testified that after the Miami trip, he was drinking (wine, vodka, rum, bourbon) every night that Jackson was home. However, in an early police interview, he said he "didn't drink a lot" at Neverland.[83] The prosecution's "grooming" theory held that Jackson used alcohol to lower Gavin's inhibitions in order to molest him. With that in mind, it is noticeable that the accuser did not mention alcohol or drunkenness when he described the alleged molestation. Star's first time drinking alcohol, he claimed, was on the flight back from Miami. Jackson allegedly handed him a Diet Coke can filled with wine.[84] Star testified he did not know what the drink was when he tasted it, and that it reminded him of the smell of rubbing alcohol (a comparison Gavin also made) but it seems unlikely Star would not have recognized the taste of wine, because, as his brother said, they drank wine in church.[85][86] Star said Gavin and Michael were sharing the soda can and acting "really weird."[87] However, Cynthia Bell, a flight attendant who had served Jackson on the Miami flight and others, testified that she never saw him share his drink with Gavin or anyone else.[58][88][89] She testified that she had come up with the tradition of serving Jackson wine in Diet Coke cans during flights, because "Michael Jackson is a very private drinker" who didn't want the children to see him with alcohol.[88][90]

1108 Evidence or Prior Bad Acts

The prosecution, to show a pattern of behavior, claimed they would present evidence that Jackson had molested five boys in the past. Three of the people they named, Macaulay Culkin, Brett Barnes, and Wade Robson, all testified that they were long-time family friends of Jackson and had slept in his bed, but that Jackson never molested them or did anything sexual with them.[91] Culkin said he'd "never seen him do anything improper with anybody" and called the allegations "absolutely ridiculous" and Barnes said they made him "very mad."[92][93][94] All three men described the time they spent in Jackson's 2-story bedroom as childish fun, with video games, movies, and many people sleeping in the room at one time.[95][96] Culkin added that he'd "never seen [Jackson] do anything improper with anybody" and that he was shocked the prosecution would put on witnesses who said Jackson molested him without even asking Culkin if it was true.[97] Those witnesses, who had testified that they'd seen Jackson molest these young men were Ralph Chacon, Kassim Abdool and Adrian McManus, three ex-employees at Neverland Ranch.[98] These three people had credibility issues, because they were part of a group of five ex-employees who sued Michael Jackson for wrongful termination in 1995. Jackson counterclaimed that they had stolen property and sold some of it to tabloids, Jackson won and was awarded $60,000 in damages; the ex-employees were fined for lying in court and were ordered to pay $1.4 million for Jackson's legal fees.[99]

Jason Francia, the son of a former Neverland maid, was the only alleged prior victim to testify. Francia described three times he had been playing with Jackson, they were tickling each other, and Jackson ended up tickling Francia's "little private region" outside of his clothes, for a few minutes at a time, with Francia laughing all the while.[100] Francia testified that the third time, Jackson had reached up the leg of Francia's shorts and touched his testicles.[100] Francia claimed he needed five years of therapy because of the ordeal. He received settlement money from Jackson, and testified that he thought he deserved even more money from him. Francia also admitted that he and his mother had sold stories of his alleged inappropriate tickling to the tabloids.[100] When Jason Francia originally talked to the police after the 1993 allegations, he told them he had never been touched inappropriately. He made that claim only after extensive police questioning in which they repeatedly called Jackson a "molester" and told Jason that Macauley Culkin was being molested right then and Jason could put a stop to it if he confessed.[31] Francia also testified that Jackson gave him money after each tickling incident, which is similar to something Francia said in his original police interview, that Jackson would give him money each time he finished reading a book or got an 'A'.[100]

The final alleged victim was Jordan Chandler, who received a settlement from Jackson in the 1993 case. Ralph Chacon, who had declared bankruptcy because of what he owed Jackson, testified that he had watched through a window as Jackson performed oral sex on Chandler in the showers of a rec room.[101] Chacon never reported this to the police, even when less than a year later, they investigated allegations of Jackson abusing Chandler. Adrian McManus testified that she'd seen Chandler and Jackson kiss on the mouth and Jackson put his hand on the boy's crotch.[102] During the 1993 investigation, McManus told the police, under oath, that she had never seen any molestation and that she trusted Jackson with her own son.[103] Jordan Chandler, who was 25 by the trial, chose to leave the country rather than testify, and the only person in his family who showed up was his mother, June. She denied ever having seen any molestation, but talked about Jordan and Michael sleeping in the same room on numerous occasions, including that she initially didn't want them to, but was persuaded by Jackson, who allegedly cried and was hurt that she didn't trust him.[104][105] She testified about Jackson buying all kinds of gifts for the family, the trips they'd been on together, and how fun it was to be part of Jackson's world.[106] She said she'd been concerned that her son was starting to dress like Jackson and wanting to spend all his time with him.[107] When asked about the lawsuits that ended up coming from her family's involvement with Michael Jackson, June Chandler made the distinction that (even though she was listed as a plaintiff and received settlement money) it was not she who sued Jackson, but Jordan and his father Evan. She claimed not to recall that Jackson had counter-sued for extortion, or that her second husband Dave Schwartz had sued Jackson, or that Evan Chandler had sued Jackson a second time.[104][108] Thomas Mesereau said in a Harvard lecture later that year, "the prosecutors tried to get [Jordan] to show up and he wouldn't. If he had, I had witnesses who were going to come in and say he told them it never happened and that he would never talk to his parents again for what they made him say. It turned out he'd gone into court and got legal emancipation from his parents."[31] June Chandler testified that she had not spoken to her son Jordan in 11 years, since 1994.[109][104]

Jackson's finances

The prosecution sought to have Jackson's financial records exposed in the trial. They claimed that Jackson was a "spendaholic" who was, from 1999 to 2001, spending $35 million a year while earning $11 million to $12 million a year, and as a result was on the brink of bankruptcy. They argued that this could have been a motive for Jackson to resort to the alleged conspiracy to control the public relations damage of the Bashir documentary, and thus control the resulting financial damage. Based on motions filed by Sanger, the judge ruled that the prosecution could subpoena the financial records, but that they would only be opened in the trial after he heard testimony that they are relevant. Despite these allegations, according to Forbes, Jackson was still making as much as $75 million a year from his publishing partnership with Sony.[110]


Prosecution witnesses' credibility

There is a question not only of the credibility of the main accuser, his mother and entire family, but also of the many witnesses called to testify in the trial. Prosecution witness Chris Carter, who had been Jackson's bodyguard from August 2002 – August 2003, was arrested in Las Vegas on February 19, 2005, after police searched his mother's house and found a handgun, and had been accused of robbing a RadioShack in October 2003, Subway sandwich shop in August 2004, a KB Toys store in January 2005, and a Jack in the Box restaurant in February 2005. He refused to testify. Adrian McManus, a former maid in Neverland, one of the "Neverland Five" who lost their suit against Jackson, was convicted of stealing a sketch of Elvis Presley made by Jackson and selling it to a tabloid for $30,000. Philippe Lamarque, a potential witness who ultimately did not testify, was the host of a porn site called Virtual Sin. Tapes of a conversation he had with Paul Baressi showed that for $100,000, Lamarque would say he saw Jackson touch Macaulay Culkin's crotch outside of his shorts, but for $500,000, the hand would go inside the shorts.[111] Matt Taibbi wrote for Rolling Stone that "the trial featured perhaps the most compromised collection of prosecution witnesses ever assembled in an American criminal case...the chief drama of the trial quickly turned into a race to see if the DA could manage to put all of his witnesses on the stand without getting any of them removed from the courthouse in manacles."[112]

Allegations of media bias against Jackson

Charles Thomson wrote a piece called for The Huffington Post called One of the Most Shameful Episodes In Journalistic History, in which he detailed the story, as he saw it, of why "the trial that was relayed to us didn't even resemble the trial that was going on inside the courtroom."[113] During the trial, Matt Drudge accused the media of largely ignoring testimony and evidence that exonerated Jackson and said, "Out here...Michael Jackson is being literally crucified...I think if you did a pulse poll, of people listening to these local talk shows, they would say 95% that Michael Jackson did all this...because it’s based on the coverage." Crime reporter Aphrodite Jones wrote about what she saw as extreme media spin in her 2007 book Michael Jackson Conspiracy, which she self-published because, she said, all of the publishers she talked to were unwilling to touch a pro-Jackson book.

Court dates

2005:[114]

  • January 31 – Jury selection begins.
  • February 24 – Jurors and alternates seated.
  • February 28, March 1 – Opening statements begin.
  • March 1 – Prosecution testimony begins.
  • May 4 – Prosecution rests.
  • May 5 – Defense testimony begins.
  • May 25 – Defense rests/prosecution rebuttal begins.
  • May 27 – Prosecution rebuttal ends/defense offers no rebuttal.
  • June 1 – Jury gets instructions.
  • June 2, June 3 – Closing arguments.
  • June 13 – Verdict delivered.

As of April 15, 2005, all weekdays from February 28, 2005 were court days, except:

A few court days were without jury and without Jackson. On these days motions were discussed and ruled about. These were on March 11 and 18, and the first part of March 28.

There were also several days in which Michael Jackson was unable to attend. These are:

  • February 15 – Questioning of potential jurors was postponed until February 22, after Jackson was hospitalized with flu like symptoms.
  • March 21 – Court was delayed for 45 minutes, after Jackson showed up late again complaining of back trouble. After meeting with attorneys and the doctor, Melville resumed the court into session without threatening to revoke Jackson's bail.

Verdict

At approximately 2:25pm PDT (21:25 UTC) on June 13, 2005, the jury of the Superior Court of the State of California, held in and for the County of Santa Barbara, determined that Jackson was not guilty on all 10 felony and 4 misdemeanor charges.

See also

Notes

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  2. ^ "Living with Michael Jackson". Michael Jackson's House. http://www.mjshouse.com/stories/living_with_mj_transcript.wm. 
  3. ^ "PR Michael Jackson" (Press release). County of Santa Barbara, CA. February 6, 2003. http://www.countyofsb.org/da/documents/PR-Michael%20Jackson.pdf. 
  4. ^ ""Hero" Videographer Sues Jackson". December 20, 2004. http://www.thesmokinggun.com/archive/1220041jackson1.html. Retrieved 2008-12-19. 
  5. ^ "Jackson Grand Jury: Hamid Moslehi". February 22, 2005. Archived from the original on May 3, 2008. http://web.archive.org/web/20080503092308/http://www.thesmokinggun.com/archive/0222054moslehi1.html. Retrieved 2008-12-19. 
  6. ^ a b c d e f g h i j k l m n o p q Taraborrelli, J. Randy (2004). The Magic and the Madness. Headline. ISBN 1-55972-064-6. 
  7. ^ "Michael Jackson Bombshell". The Smoking Gun. http://www.thesmokinggun.com/archive/dcfsmemo1.html. Retrieved 2010-06-25. 
  8. ^ a b "The Case Against Michael Jackson: The Psychologist - March 15, 2005". Thesmokinggun.com. Archived from the original on May 23, 2008. http://web.archive.org/web/20080523002355/http://www.thesmokinggun.com/michaeljackson/0315051jackson_katz1.html. Retrieved 2010-06-25. 
  9. ^ "Jackson Grand Jury: Hamid Moslehi". The Smoking Gun. February 22, 2005. p. 1. Archived from the original on May 3, 2008. http://web.archive.org/web/20080503092308/http://www.thesmokinggun.com/archive/0222054moslehi1.html. Retrieved 2008-12-19. 
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Books

  • Newberg, Debra. "Reflections and Corrections on Michael Jackson - America in the Mirror", 2010. 9780615320793, published by Newberg and Personal Promotions.
  • Jones, Aphrodite. Michael Jackson Conspiracy, iUniverse, 2007. 9780979549809, a vanity press book self-published by Jones and Mesereau.

External links

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