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Circus set to begin


The Case Against Jackson

Seven other alleged victims may come forward in trial



It has all come down to this: Years of accusations and denials concerning child molestation by Michael Jackson will finally be put before a jury. The trial of The People of the State of California vs. Michael Jackson, Case No. 1133603, on charges of sexually abusing a thirteen-year-old cancer patient, begins at the Santa Barbara County Courthouse, in Santa Maria, on January 31st. The case will last several months, cost millions of dollars and, ultimately, provide answers to questions about Jackson's behavior that have been elusive for more than a decade. If convicted, Jackson could be sentenced to prison for the rest of his life.
Experts believe the case hinges on how the boy, now fifteen, holds up when he takes the stand, and how much of Jackson's conduct with numerous other boys, so-called prior "bad acts," Judge Rodney Melville will allow before the jury. Testimony of this sort became permissible in 1996, when the state legislature made a controversial change in California's evidence code in response to the futile Jackson molestation investigation of 1993. Under Section 1108, the prior sexual misconduct need not have resulted in a successful criminal prosecution.

Santa Barbara District Attorney Thomas W. Sneddon Jr. reportedly wants to bring in testimony about Jackson's alleged molestation of seven additional boys, including Jordan Chandler, Jackson's alleged 1993 victim. Even if defense lawyers call the credibility of these boys into question, the sheer number of accusations could weigh heavily on the minds of jurors.

Jackson's loathing of Sneddon, who has been seeking to prosecute the pop star for years, is well known. The singer memorialized his feelings toward the district attorney in a song, "D.S.," on HIStory, released in 1995: "I bet he never had a social life anyway/You think he brother with the KKK?"

On the other side of the case, Jackson's latest lawyer, Thomas A. Mesereau Jr., is a surprising choice: a strapping, white-haired criminal-defense attorney who signed up after two other high-powered attorneys, Mark Geragos and Benjamin Brafman, left the case for reasons that have yet to be explained. Mesereau represented accused murderer Robert Blake for a while last year, even obtaining bail for the former Baretta star. Outside the celebrity spotlight, Mesereau, 54, has shown an abiding concern for the rights of those unable to afford top legal talent -- the sort of family allegedly victimized by Jackson in this case. Johnnie Cochran, part of the Jackson legal team for years, reportedly had brain surgery last spring and will not be at the defense table.

The specific charges against Jackson, 46, are these: that he provided alcohol to his victim and then had "substantial sexual conduct" with the boy on several occasions in 2003. The boy had requested to meet Jackson after being diagnosed with cancer in 2000. Jackson is also charged with conspiring to cover up the crime by threatening the boy's family and virtually imprisoning them at his Neverland Ranch. Jackson has pleaded not guilty to all charges.

Investigative files and grand-jury testimony leaked earlier this month to thesmokinggun.com and ABC News reveal that detectives have built their case on interviews with the boy, his younger brother, older sister and their mother. Although there are enough timeline inconsistencies in their stories to quicken the pulse of defense lawyers, the accounts basically corroborate one another and are remarkably detailed. Jackson reportedly gave his victim and his brother the nicknames Doo Doo Head and Blowhole and plied them with porn magazines as well as wine and tequila before the abuse of the younger brother occurred.

Detective James McLaughlin of the Keene, New Hampshire, Police Department, specializes in catching child molesters who operate on the Internet. He says Jackson's alleged behavior follows a classic pattern: "These seduction steps follow a distinct procedure meant to form a close relationship with the child, to separate the child from caregivers. At the same time, the natural inhibitions of the child are eroded."

Melville indicated during a hearing on January 12th that he will wait until a jury is seated to hear arguments on the issue of Jackson's alleged molestation of other boys, conduct that may stretch back more than a decade. In a 1993 civil suit, Chandler's family accused Jackson of molesting him at Neverland, and at various hotels, when the boy was thirteen. Rather than pursue criminal charges, Chandler's father settled out of court with Jackson for a reported $20 million.

Besides the alleged victim and his family, some members of Jackson's inner circle may be called as witnesses. Bob Jones, a twenty-year Jackson employee, and one of the few who didn't sign a confidentiality agreement, has been subpoenaed to testify. "I won't lie for Michael Jackson," Jones recently told Court TV. Also on the state's witness list are a former Neverland maid and her young son, another potential victim, as well as former Neverland security guards.

A gag order prohibiting lawyers and investigators for both sides from speaking with the media has not stopped press leaks. Often, in high-profile cases such as this, prosecutors are accused of slipping prejudicial information to the media. Here the reverse may be occurring. In the interest of airing every tawdry bit that's out there before the trial begins, agents of the defense may be disclosing information that is damaging to their client, a source familiar with Jackson's legal strategy told Rolling Stone. "It's the same approach that Jackson took in 1993," the source says. "Get all the dirt out there so there's nothing else to talk about at trial."


Late in January, Jackson seemed to win a round in the publicity battle and a valuable chance to influence the jury pool. In response to the grand-jury leaks, Melville allowed Jackson to record an interview with Geraldo Rivera for broadcast sometime before the trial.

The upcoming trial isn't Jackson's only legal problem. In a recent lawsuit filed by former gay-porn director and producer F. Marc Schaffel, who became a key adviser to Jackson in 2000, the King of Pop is portrayed as a profligate drinker and drug user, desperate for cash to buy expensive toys (a Rolls-Royce Phantom, a Bentley Arnage and various antiques) and the friendship of faded stars such as Elizabeth Taylor and the late Marlon Brando. Between 2001 and last November, Schaffel claims he paid Jackson expenses and extended loans to him that totaled $8,559,764. Some of these loans were allegedly extended after frantic late-night phone calls from the singer.

"We're going to file an amended complaint next week," Howard King, Schaffel's lawyer, told Rolling Stone. "It will reveal the existence of tape-recorded phone messages Michael personally left for Marc Schaffel."

As far as Jackson's career as a musician goes, most agree that it seems close to over. Jackson has not toured in many years, and after tangling in court recently with promoter Marcel Avram, which resulted in a $5.3 million judgment against Jackson, there are no signs that any promoter here or abroad is anxious to book a Jackson tour. Jackson's recording contract with Sony Music, signed with great fanfare, is ending.

The blue-collar, largely Hispanic, agricultural city of Santa Maria, meanwhile, is bracing for the media circus. Some of the city's 85,000 citizens are turning over their homes or apartments to reporters at exorbitant rents. Legions of Jackson fans are expected outside the courthouse on January 31st, and pro-Jackson Web-site operators have been granted access to the courthouse.

A slow-speaking, deliberate jurist, Melville so far has seemed almost deferential to Jackson in hearings leading up to trial. Ultimately, it won't be the lawyers or the judge who decide Jackson's fate. It'll be twelve ordinary Californians and the stories told by a few boys.

Will Jackson go down? "There is no way to tell how a child will do testifying," says Detective McLaughlin. "The key to winning charges against any child offender is to paint a picture for the jury of what occurred, how it occurred and to corroborate the statements of the complaining witnesses through physical evidence. And prior bad acts create a minefield for the defense."



PETER WILKINSON
(Posted Jan 25, 2005)

damn...well let the circus begin.