EmbattledWarrior said: Guys get back on topic or this thread is going to be closed
They're discussing the issues raised in the documentary, calm down. Can only discuss Bob's lipgloss for so long... Glug, glug like a mug | |
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Isel said: fcukthepolice said: MJ agreed to settle the case becuase he did it and would of been found guilty Yeah.. OK.. just a quick response because this isn't about the documentary, I just think celebrities sometimes prefer to settle out of court or whatever rather than go through the legal process due to fear. The thing is that they have the money to settle.. to try to make it all go away which is a huge mistake--obviously. But maybe in this case... both Michael and the boy involved had so much to lose. Definitely though, Michael has a connection with children, and some untraditional ways of trying to be close. I guess, a person would have to decide to believe the guy is a pedophile or not. For me.. I'm just not sure... exactly.. Definitely, Michael has set-up a really bad situation where there is a lot of speculation--that's for sure. Ultimately only he and the little boys he holes up with behind security systems know what exactly goes on. Which makes it all the more tasteless for the fantatics to scorn, defame and disbelieve the boys by default. Glug, glug like a mug | |
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fcukthepolice said: EmbattledWarrior said: His INSURANCE company settled the first case and get back to the topic MJ agreed to settle the case becuase he did it and would of been found guilty I'm just going to repeat something that I already repeated b/c you seem to have a habit of mentioning the samething/asking the same questions when they were already answered. For various legal, personal, professional, financial and practical reasons, Michael Jackson settled the civil lawsuit filed against him by his accuser’s family in 1993. The recently leaked settlement document reveals several interesting facts: 1) Michael Jackson denied any wrongdoing. 2) The boy and his parents could have still testified against Jackson in the criminal trial. 3) Jackson only settled over claims of negligence and not over claims of child molestation. Tabloid reporter Diane Dimond, who leaked the details of the settlement, tried to make it seem as if Jackson admitted to molesting the boy simply because he settled over the negligence allegation. Dimond pointed out that the original lawsuit said: “Defendant Michael Jackson negligently had offensive contacts with plaintiff which were both explicitly sexual and otherwise.” It is clear, however, from the wording of the settlement document, that the “negligence” allegation was redefined: “Such claims include claims for bodily injuries resulting from negligence; whereas, Evan Chandler has made claims against Jackson for bodily injuries resulting from negligent infliction of emotional distress; whereas, Jordan Chandler has made claims against Jackson for bodily injuries resulting from negligent infliction of emotional distress.” Negligence has been defined in the settlement as the “infliction of emotional distress”; there is no mention of sexual abuse. Referring to the lawsuit’s definition of “negligence” is inconclusive because each legal document intentionally defines the terms to ensure that there is no misunderstanding. Furthermore, if the negligence allegation was directly related to the child molestation allegations, why did Evan Chandler also claim to be the victim of negligence? OTHER INTERESTING EXCEPRTS FROM THE DOCUMENT: “This Confidential Settlement shall not be construed as an admission by Jackson that he has acted wrongfully with respect to the Minor, Evan Chandler or June Chandler, or any other person or at all, or that the Minor, Evan Chandler and June Chandler have any rights whatsoever against Jackson. Jackson specifically disclaims any liability to, and denies any wrongful acts against the Minor, Evan Chandler or June Chandler or any other persons. The Parties acknowledge that Jackson is a public figure and that his name, image and likeness have commercial value and are an important element of his earning capacity. The Parties acknowledge that Jackson claims that he has elected to settle the claims in the Action in view of the impact the Action has had and could have in the future on his earnings and potential income.” Jackson repeatedly asserts his innocence while the accusing family does not once maintain that the boy’s allegations are true. “The Parties recognize that the Settlement Payment set forth in this paragraph 3 are in settlement of claims by Jordan Chandler, Evan Chandler and June Chandler for alleged compensatory damages for alleged personal injuries arising out of claims of negligence and not for claims of intentional or wrongful acts of sexual molestation.” Sorry Diane. THE PAYMENT: The document states that $15,331,250 was put into a trust fund for Jordan Chandler. Both of his parents, as well as their attorney Larry Feldman, got a cut of the settlement. (Barry Rothman and Dave Schwartz, two principle players in the case who were left out of the settlement, later filed their own individual lawsuits against Jackson). Eight pages detailing the payment were allegedly missing from Dimond’s copy of the settlement but according to Jackson’s current attorney, the negligence allegation included in the lawsuit prompted Jackson’s insurance company to step in and settle the case for him. This means that Jackson might not have paid the Chandlers anything. It also means that the insurance company most likely conducted their own investigation into the allegations and concluded that Jackson did not molest the boy; insurance companies generally do not settle if they believe the Defendant is liable. They will, however, settle for negligent behaviour. DISMISSAL OF THE ACTION: The document also shows that the Chandlers dropped the child molestation allegations from their complaint: “Forthwith upon the signing of this Confidential Settlement by the Parties hereto, the Minor through his Guardian ad Litem shall dismiss, without prejudice, the first through sixth causes of action of the complaint on file in the Action, leaving only the seventh cause of action pending.” “Upon the full and complete payment of all Settlement Payments… the Minor, through his Guardian ad Litem, shall dismiss the entire action with prejduice.” The first through sixth causes of action were the sexual abuse allegations; the seventh cause of action was negligence. Again, Jackson settled over the family’s claims of negligence and not over their claims of child molestation. WAS IT HUSH MONEY? Finally, the document makes it clear that the Chandlers could have still testified against Jackson in a criminal trial: “The Minor, by and through his Guardian ad Litem, and Evan Chandler and June Chandler , and each of them individually and on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, agree not to cooperate with, represent, or provide any information, to any person or entity that initiates any civil claim or action which relates in any manner to the subject matter of the Action against Jackson or any of the Jackson Releases, except as may be required by law.” The only stipulation in the settlement is that the parties could not testify about the allegations in civil court. “In the event the Minor, the Minor’s Legal Guardians, the Minor’s Guardian ad Litem, the Minor’s attorneys, Evan Chandler or June Chandler, or any of them individually… receive a subpoena or request for information from any person or entity who has asserted or is investigating, any claim against Jackson… they agree to give notice in writing to Jackson’s attorneys regarding the nature and scope of any such subpoena request for information, to the extent permitted by law. This notice shall be given before responding to the request.” The above paragraph makes it clear that the Chandlers were not prohibited from testifying against Jackson in a criminal trial, as long as they notified Jackson’s attorneys beforehand. Contrary to popular belief, the settlement did NOT silence anybody. It was the family’s own decision not to testify in the criminal case; they could have gotten money and justice but they only opted to take the money. Ask yourself this: if your child was molested, would you not do everything in your power to put the person responsible behind bars? The Chandlers did not. Instead, they dropped the claims of child abuse against Jackson, signed a document where he basically called them liars, took his money and refused to talk to authorities. I have already pointed out the numerous reasons why Jackson settled the case; what reason did the Chandlers have to not testify? One could argue that they did not want to be put through a public trial, however, this assertion does not make sense when you consider the fact that the Chandlers were more than willing to testify in the civil trial. In fact, court documents reveal that the only reason the judge refused to stay the civil proceedings was because Feldman was allegedly worried that Jordan Chandler would forget his story when testifying. Furthermore, Evan Chandler later sued Jackson and asked the court to allow him to produce an album of songs about the allegations. The actions of the Chandlers are not indicative of a family reluctant to tell their story. For the past ten years, the media have been referring to the settlement as a “pay off” but here is my question: what exactly did Michael Jackson “buy” when he settled the civil lawsuit? How can anyone call it “hush money” when it did not prevent the accuser from testifying against him? How can anyone call it “hush money” when the entire world already knew about the allegations? How can anyone call it “hush money” when there was still an ongoing criminal investigation that was not affected by the civil suit? Finally, Evan Chandler asked for $20 million before the allegations were reported to authorities. Assuming Michael Jackson had actually molested Jordan Chandler, why did he not take that opportunity to avoid getting caught? He could have paid Evan Chandler and avoided the entire ordeal. Instead, he rejected Chandler’s initial demand for money. If he was guilty, why did he do that? If it is still your contention that Jackson’s plan was to settle the civil lawsuit in order to bribe the boy into not testifying against him in the criminal trial, can you please explain to me why Michael Jackson asked for the civil trial to be postponed? He wanted the civil trial to take place after the criminal trial was resolved, which means any potential settlement would have been negotiated after Jackson was either acquitted or convicted. This would have made it impossible for him to “bribe” the boy into not testifying. Jackson’s actions contradict the notion that he wanted to buy Jordan Chandler’s silence. A more logical explanation as to why Michael Jackson settled is that he was innocent and although he initially refused to be blackmailed by Evan Chandler, he had no choice in the end. Once the alleged abuse was brought to the attention of authorities, it suddenly became apparent to Jackson just how ugly things would get. The media went into overkill, the justice system was not working in his favor and the civil lawsuit filed by the Chandlers had backed Jackson into a corner. He could have either gone through with the civil trial and risked a weakened defense in the more important criminal trial or settled the civil lawsuit and risked people thinking he had something to hide. Obviously, Michael Jackson valued his life more than he valued the opinions of other people so he opted to settle the lawsuit. Once the civil lawsuit was settled, Michael Jackson still had the criminal investigation to contend with. - Because of double jeopardy, anyone accused of a crime will never have to defend themselves for the same allegation twice unless one trial takes place in civil court and the other in criminal court. This was the situation with Michael Jackson in 1993. - On September 14 1993, less than a month after the child abuse allegations against Michael Jackson had been reported to the police, the accusing family filed a $30 million lawsuit against Jackson with the help of civil attorney Larry Feldman. - Up until that point, the alleged victim’s mother June Schwartz had maintained that Jackson was innocent of the allegations. As soon as the civil suit was filed, however, she changed her tune and joined forces with her ex-husband Evan Chandler and their son Jordan. At that point, June Schwartz’s divorce attorney Michael Freeman resigned. “The whole thing was such a mess,” he explained. “I felt uncomfortable with Evan. He isn’t a genuine person, and I sensed he wasn’t playing things straight.” - The Chandlers sued Jackson for sexual battery, battery, seduction, willful misconduct, intentional infliction of emotional distress, fraud and negligence. - The civil suit was filed while the police investigation was still ongoing. As a result, the civil trial was scheduled to take place before the criminal trial began which would have been a violation of Jackson’s constitutional right to not self-incriminate. Typically, when there are two trials dealing with the same allegation, the criminal trial takes place before the civil trial (i.e- the O.J Simpson case). This is to ensure that the Defendant’s defense in the criminal case will not be compromised as a result of the civil proceedings. - Jackson’s attorneys filed a motion asking for the civil trial to be delayed until after the criminal trial was over. They cited numerous cases such as Pacer, Inc. v. Superior Court to support their request. The Federal case held that, “when both criminal and civil proceedings arise out of the same or related transactions, the Defendant is entitled to a Stay of Discovery and trial in the civil action until the criminal matter has been fully resolved.” Other cases cited include Dustin W. Brown v. The Superior Court, Dwyer v. Crocker National Bank, Patterson v. White and Huot v. Gendron. - Larry Feldman argued that if the civil trial were to be postponed, the plaintiff, being a minor, might forget certain details about what had supposedly happened to him. The judge felt that the boy’s “fragile state” was more important than Jackson’s 5th Amendment rights and ruled in the boy’s favour. - Jackson’s attorneys filed another motion asking that District Attorney Tom Sneddon be blocked from obtaining evidence used in the civil trial. Again, the Jackson team lost the motion. The DA made it clear that he was planning to use the evidence from the civil proceedings to assist him in his criminal case against Jackson. - If Jackson had not settled the civil lawsuit, he would have put his entire defense strategy in jeopardy by revealing it to the prosecution months before the criminal case went to trial. - Let’s pretend for a moment that Michael Jackson had gone through with the civil trial. What would have happened? He would have presented the court with all of his evidence of extortion and Sneddon would have been watching the entire thing unfold. He could have then taken Jackson’s most critical exonerating evidence from the civil trial and found ways to discredit it so that Jackson would have nothing left to defend himself with in the criminal trial. - During the civil trial, Jackson’s lawyers would have undoubtedly revealed any inconsistencies in the accuser’s story. This would have given Sneddon the opportunity to examine and amend the weaknesses in his own case against Jackson. - As you can see, allowing the civil trial to proceed would have given the prosecution the upper hand in the far more important criminal trial. Although this is the primary reason behind Michael Jackson’s decision to settle the case, there were many other factors involved: 1) In a criminal trial, the burden of proof lies with the affirmative; in other words, it is up to the prosecution to prove beyond reasonable doubt that the Defendant is guilty of a crime. In civil trials, if the jury thinks the Defendant might be responsible for what he or she is accused of, they can still hold the Defendant liable. 2) In criminal law, if the Defendant chooses not to testify, their refusal cannot be used against them. In a civil trial, however, the Defendant must be cooperative for all depositions and testimony. If the Defendant in a civil trial invokes his or her Fifth Amendment privilege, the judge will tell the jury that they may make an inference against the party who refused to testify. If Michael Jackson had not settled the civil lawsuit, his entire personal life would have been put on display. Defendants in sex abuse crimes are often asked extremely personal questions on the stand; imagine what this process would be like for somebody like Michael Jackson who is admittedly shy and whose personal life is always subject to severe media scrutiny. 3) In civil trials the jury’s verdict does not have to be unanimous. If at least 50% of the jurors find the Defendant liable, the Plaintiff will still get money. 4) The Defendant in a civil trial has fewer rights. In criminal law, police must obtain search warrants before searching or seizing items from a person’s property. In civil law, a lawyer may demand information from the defense about any matter relevant to the case. This is known as the discovery process and it does not usually involve the court. Discovery may include: written questions to be answered under oath; oral deposition under oath; requests for pertinent documents; physical or mental examinations where injury is claimed; and requests to admit facts not in dispute. If Jackson had allowed the civil trial to proceed, Larry Feldman would have had access to Jackson’s medical and financial records without obtaining a warrant. 5) The civil trial would have taken months to resolve. Michael Jackson would have been paying millions of dollars in legal fees while at the same time limiting his source of income by putting his career on hold. There was probably also a lot of pressure from his record company to settle the lawsuit because the case was affecting his career. 6) Such a long, drawn out process would have caused Michael Jackson and his family immeasurable amounts of stress. Even after the civil trial was resolved, he would still have the criminal proceedings to contend with. Why go through all of that twice? 7) According to Jackson family attorney Brian Oxman, the negligence allegation included in the lawsuit might have prompted Jackson’s insurance company to force him to settle the case. “I have brought child molestation cases against Defendants and I always include a negligence allegation,” Oxman explained. “That means that the homeowners’ insurance policy takes over and a homeowners’ insurance policy can settle right out from under the Defendant. The Defendant can scream, ‘I will not settle that case,’ and they have no choice because the insurance company settles it.” For the above reasons, Michael Jackson reluctantly settled the civil lawsuit that had been filed against him. [Edited 10/28/07 10:14am] White Americans, what? Nothing better to do? Why don't you kick yourself out? You're an immigrant too. -White Stripes | |
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This thread made think the following sentence:
PRINCE IS A F*CKIN' LESBIAN! | |
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SpecialEd said: Isel said: Yeah.. OK.. just a quick response because this isn't about the documentary, I just think celebrities sometimes prefer to settle out of court or whatever rather than go through the legal process due to fear. The thing is that they have the money to settle.. to try to make it all go away which is a huge mistake--obviously. But maybe in this case... both Michael and the boy involved had so much to lose. Definitely though, Michael has a connection with children, and some untraditional ways of trying to be close. I guess, a person would have to decide to believe the guy is a pedophile or not. For me.. I'm just not sure... exactly.. Definitely, Michael has set-up a really bad situation where there is a lot of speculation--that's for sure. Ultimately only he and the little boys he holes up with behind security systems know what exactly goes on. Which makes it all the more tasteless for the fantatics to scorn, defame and disbelieve the boys by default. Yes, you are right. In the end, ONLY Michael Jackson and the male child accusers know TRULY what happened. But I am curious: what do you know about the accusers? Have you read their testimonies in court and the investigations leading to the 2005 trial and the investigations surrounding the 1993 accusations? | |
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MikeMatronik said: This thread made think the following sentence:
PRINCE IS A F*CKIN' LESBIAN! Damn straight. | |
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SpecialEd said: Isel said: Yeah.. OK.. just a quick response because this isn't about the documentary, I just think celebrities sometimes prefer to settle out of court or whatever rather than go through the legal process due to fear. The thing is that they have the money to settle.. to try to make it all go away which is a huge mistake--obviously. But maybe in this case... both Michael and the boy involved had so much to lose. Definitely though, Michael has a connection with children, and some untraditional ways of trying to be close. I guess, a person would have to decide to believe the guy is a pedophile or not. For me.. I'm just not sure... exactly.. Definitely, Michael has set-up a really bad situation where there is a lot of speculation--that's for sure. Ultimately only he and the little boys he holes up with behind security systems know what exactly goes on. Which makes it all the more tasteless for the fantatics to scorn, defame and disbelieve the boys by default. lol @ security systems. "Fanatics" do not defame, scorn or disbelieve the boys by default. We actually know what we're talking about; you do not. I have yet to hear you or people like you present any information that is legit behind your reasoning. White Americans, what? Nothing better to do? Why don't you kick yourself out? You're an immigrant too. -White Stripes | |
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Rodya24 said: SpecialEd said: Ultimately only he and the little boys he holes up with behind security systems know what exactly goes on. Which makes it all the more tasteless for the fantatics to scorn, defame and disbelieve the boys by default. But I am curious: what do you know about the accusers? Have you read their testimonies in court and the investigations leading to the 2005 trial and the investigations surrounding the 1993 accusations? Of course not, lmao. White Americans, what? Nothing better to do? Why don't you kick yourself out? You're an immigrant too. -White Stripes | |
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floetcist said: fcukthepolice said: The earth is flat! I have yet to see or hear about anyone else that has gone through a drastic change in skin color by just bleaching their skin with regular products. I know of people bleaching their skin, but if you pay them any real attention you will notice the inconsistencies, they get darker then they get lighter again, this because of what was mentioned before, hydroquinone is not permanent. Also, getting your hands on monobenzylether of hydroquinone is not easy. So I don’t want to hear the excuse that he just somehow got his hands on it. You have to be prescribed something like that from a dermatologist. People that bleach their skin do not spot. People with vitiligo have gotten to the point where their pigment has been totally stripped from all of the their body, they are typically snow white in color. Michael Jackson is very pale, even in comparison to white people. The only cases of such a drastic change in skin color that I’ve seen or read about are with vitiligo patients. If someone who does not have vitiligo were to bleach their skin with such a strong product, they would DIE. Wasn't skin bleaching cream among one of his bankruptcy auction lots? Applied gradually over time the body could adapt. It would sure be a sweet irony for the man most identified with destroying his negroid features to also lose the skin pigmentation at the same time, but by total chance. Glug, glug like a mug | |
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SpecialEd said: floetcist said: I have yet to see or hear about anyone else that has gone through a drastic change in skin color by just bleaching their skin with regular products. I know of people bleaching their skin, but if you pay them any real attention you will notice the inconsistencies, they get darker then they get lighter again, this because of what was mentioned before, hydroquinone is not permanent. Also, getting your hands on monobenzylether of hydroquinone is not easy. So I don’t want to hear the excuse that he just somehow got his hands on it. You have to be prescribed something like that from a dermatologist. People that bleach their skin do not spot. People with vitiligo have gotten to the point where their pigment has been totally stripped from all of the their body, they are typically snow white in color. Michael Jackson is very pale, even in comparison to white people. The only cases of such a drastic change in skin color that I’ve seen or read about are with vitiligo patients. If someone who does not have vitiligo were to bleach their skin with such a strong product, they would DIE. Wasn't skin bleaching cream among one of his bankruptcy auction lots? Applied gradually over time the body could adapt. It would sure be a sweet irony for the man most identified with destroying his negroid features to also lose the skin pigmentation at the same time, but by total chance. Again, you demonstrate how ignorant you are of the subject matters at hand. No amount of skin bleaching cream will make a person white as Michael Jackson has become in the past decade and a half. Even fcukthepolice agrees Michael Jackson has vitiligo. And again, it was not a bankruptcy auction lot. Again, research and read before making comments that can be torn apart. [Edited 10/28/07 10:19am] | |
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SpecialEd said: floetcist said: I have yet to see or hear about anyone else that has gone through a drastic change in skin color by just bleaching their skin with regular products. I know of people bleaching their skin, but if you pay them any real attention you will notice the inconsistencies, they get darker then they get lighter again, this because of what was mentioned before, hydroquinone is not permanent. Also, getting your hands on monobenzylether of hydroquinone is not easy. So I don’t want to hear the excuse that he just somehow got his hands on it. You have to be prescribed something like that from a dermatologist. People that bleach their skin do not spot. People with vitiligo have gotten to the point where their pigment has been totally stripped from all of the their body, they are typically snow white in color. Michael Jackson is very pale, even in comparison to white people. The only cases of such a drastic change in skin color that I’ve seen or read about are with vitiligo patients. If someone who does not have vitiligo were to bleach their skin with such a strong product, they would DIE. Wasn't skin bleaching cream among one of his bankruptcy auction lots? Applied gradually over time the body could adapt. It would sure be a sweet irony for the man most identified with destroying his negroid features to also lose the skin pigmentation at the same time, but by total chance. Michael had been modifying his nose since Off the Wall. I could see if he started to do it after he was diagnosed with lupus & vitiligo; but than, who is to say that presumptuously, it has anything related to do with each other and not Joseph? Or had Michael not got gone under any cosmetic surgery on his nose ever, would [we] still think he has self hatred issues? Or had Michael not have vitiligo, continuously modifying his nose (which he obviously still would of done regardless, since we know he already started early on) would we still think he has self hatred issues? OR WHAT IF... shock. He never modified his nose, and just kept that jheri curl in. OH NOEZ!!!! [Edited 10/28/07 10:24am] White Americans, what? Nothing better to do? Why don't you kick yourself out? You're an immigrant too. -White Stripes | |
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SpecialEd said: EmbattledWarrior said: Guys get back on topic or this thread is going to be closed
They're discussing the issues raised in the documentary, calm down. Can only discuss Bob's lipgloss for so long... its strawberry isn't it? I am a Rail Road, Track Abandoned
With the Sunset forgetting, i ever Happened http://www.myspace.com/stolenmorning | |
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floetcist said: fcukthepolice said: MJ agreed to settle the case becuase he did it and would of been found guilty I'm just going to repeat something that I already repeated b/c you seem to have a habit of mentioning the samething/asking the same questions when they were already answered. For various legal, personal, professional, financial and practical reasons, Michael Jackson settled the civil lawsuit filed against him by his accuser’s family in 1993. The recently leaked settlement document reveals several interesting facts: 1) Michael Jackson denied any wrongdoing. 2) The boy and his parents could have still testified against Jackson in the criminal trial. 3) Jackson only settled over claims of negligence and not over claims of child molestation. Tabloid reporter Diane Dimond, who leaked the details of the settlement, tried to make it seem as if Jackson admitted to molesting the boy simply because he settled over the negligence allegation. Dimond pointed out that the original lawsuit said: “Defendant Michael Jackson negligently had offensive contacts with plaintiff which were both explicitly sexual and otherwise.” It is clear, however, from the wording of the settlement document, that the “negligence” allegation was redefined: “Such claims include claims for bodily injuries resulting from negligence; whereas, Evan Chandler has made claims against Jackson for bodily injuries resulting from negligent infliction of emotional distress; whereas, Jordan Chandler has made claims against Jackson for bodily injuries resulting from negligent infliction of emotional distress.” Negligence has been defined in the settlement as the “infliction of emotional distress”; there is no mention of sexual abuse. Referring to the lawsuit’s definition of “negligence” is inconclusive because each legal document intentionally defines the terms to ensure that there is no misunderstanding. Furthermore, if the negligence allegation was directly related to the child molestation allegations, why did Evan Chandler also claim to be the victim of negligence? OTHER INTERESTING EXCEPRTS FROM THE DOCUMENT: “This Confidential Settlement shall not be construed as an admission by Jackson that he has acted wrongfully with respect to the Minor, Evan Chandler or June Chandler, or any other person or at all, or that the Minor, Evan Chandler and June Chandler have any rights whatsoever against Jackson. Jackson specifically disclaims any liability to, and denies any wrongful acts against the Minor, Evan Chandler or June Chandler or any other persons. The Parties acknowledge that Jackson is a public figure and that his name, image and likeness have commercial value and are an important element of his earning capacity. The Parties acknowledge that Jackson claims that he has elected to settle the claims in the Action in view of the impact the Action has had and could have in the future on his earnings and potential income.” Jackson repeatedly asserts his innocence while the accusing family does not once maintain that the boy’s allegations are true. “The Parties recognize that the Settlement Payment set forth in this paragraph 3 are in settlement of claims by Jordan Chandler, Evan Chandler and June Chandler for alleged compensatory damages for alleged personal injuries arising out of claims of negligence and not for claims of intentional or wrongful acts of sexual molestation.” Sorry Diane. THE PAYMENT: The document states that $15,331,250 was put into a trust fund for Jordan Chandler. Both of his parents, as well as their attorney Larry Feldman, got a cut of the settlement. (Barry Rothman and Dave Schwartz, two principle players in the case who were left out of the settlement, later filed their own individual lawsuits against Jackson). Eight pages detailing the payment were allegedly missing from Dimond’s copy of the settlement but according to Jackson’s current attorney, the negligence allegation included in the lawsuit prompted Jackson’s insurance company to step in and settle the case for him. This means that Jackson might not have paid the Chandlers anything. It also means that the insurance company most likely conducted their own investigation into the allegations and concluded that Jackson did not molest the boy; insurance companies generally do not settle if they believe the Defendant is liable. They will, however, settle for negligent behaviour. DISMISSAL OF THE ACTION: The document also shows that the Chandlers dropped the child molestation allegations from their complaint: “Forthwith upon the signing of this Confidential Settlement by the Parties hereto, the Minor through his Guardian ad Litem shall dismiss, without prejudice, the first through sixth causes of action of the complaint on file in the Action, leaving only the seventh cause of action pending.” “Upon the full and complete payment of all Settlement Payments… the Minor, through his Guardian ad Litem, shall dismiss the entire action with prejduice.” The first through sixth causes of action were the sexual abuse allegations; the seventh cause of action was negligence. Again, Jackson settled over the family’s claims of negligence and not over their claims of child molestation. WAS IT HUSH MONEY? Finally, the document makes it clear that the Chandlers could have still testified against Jackson in a criminal trial: “The Minor, by and through his Guardian ad Litem, and Evan Chandler and June Chandler , and each of them individually and on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, agree not to cooperate with, represent, or provide any information, to any person or entity that initiates any civil claim or action which relates in any manner to the subject matter of the Action against Jackson or any of the Jackson Releases, except as may be required by law.” The only stipulation in the settlement is that the parties could not testify about the allegations in civil court. “In the event the Minor, the Minor’s Legal Guardians, the Minor’s Guardian ad Litem, the Minor’s attorneys, Evan Chandler or June Chandler, or any of them individually… receive a subpoena or request for information from any person or entity who has asserted or is investigating, any claim against Jackson… they agree to give notice in writing to Jackson’s attorneys regarding the nature and scope of any such subpoena request for information, to the extent permitted by law. This notice shall be given before responding to the request.” The above paragraph makes it clear that the Chandlers were not prohibited from testifying against Jackson in a criminal trial, as long as they notified Jackson’s attorneys beforehand. Contrary to popular belief, the settlement did NOT silence anybody. It was the family’s own decision not to testify in the criminal case; they could have gotten money and justice but they only opted to take the money. Ask yourself this: if your child was molested, would you not do everything in your power to put the person responsible behind bars? The Chandlers did not. Instead, they dropped the claims of child abuse against Jackson, signed a document where he basically called them liars, took his money and refused to talk to authorities. I have already pointed out the numerous reasons why Jackson settled the case; what reason did the Chandlers have to not testify? One could argue that they did not want to be put through a public trial, however, this assertion does not make sense when you consider the fact that the Chandlers were more than willing to testify in the civil trial. In fact, court documents reveal that the only reason the judge refused to stay the civil proceedings was because Feldman was allegedly worried that Jordan Chandler would forget his story when testifying. Furthermore, Evan Chandler later sued Jackson and asked the court to allow him to produce an album of songs about the allegations. The actions of the Chandlers are not indicative of a family reluctant to tell their story. For the past ten years, the media have been referring to the settlement as a “pay off” but here is my question: what exactly did Michael Jackson “buy” when he settled the civil lawsuit? How can anyone call it “hush money” when it did not prevent the accuser from testifying against him? How can anyone call it “hush money” when the entire world already knew about the allegations? How can anyone call it “hush money” when there was still an ongoing criminal investigation that was not affected by the civil suit? Finally, Evan Chandler asked for $20 million before the allegations were reported to authorities. Assuming Michael Jackson had actually molested Jordan Chandler, why did he not take that opportunity to avoid getting caught? He could have paid Evan Chandler and avoided the entire ordeal. Instead, he rejected Chandler’s initial demand for money. If he was guilty, why did he do that? If it is still your contention that Jackson’s plan was to settle the civil lawsuit in order to bribe the boy into not testifying against him in the criminal trial, can you please explain to me why Michael Jackson asked for the civil trial to be postponed? He wanted the civil trial to take place after the criminal trial was resolved, which means any potential settlement would have been negotiated after Jackson was either acquitted or convicted. This would have made it impossible for him to “bribe” the boy into not testifying. Jackson’s actions contradict the notion that he wanted to buy Jordan Chandler’s silence. A more logical explanation as to why Michael Jackson settled is that he was innocent and although he initially refused to be blackmailed by Evan Chandler, he had no choice in the end. Once the alleged abuse was brought to the attention of authorities, it suddenly became apparent to Jackson just how ugly things would get. The media went into overkill, the justice system was not working in his favor and the civil lawsuit filed by the Chandlers had backed Jackson into a corner. He could have either gone through with the civil trial and risked a weakened defense in the more important criminal trial or settled the civil lawsuit and risked people thinking he had something to hide. Obviously, Michael Jackson valued his life more than he valued the opinions of other people so he opted to settle the lawsuit. Once the civil lawsuit was settled, Michael Jackson still had the criminal investigation to contend with. - Because of double jeopardy, anyone accused of a crime will never have to defend themselves for the same allegation twice unless one trial takes place in civil court and the other in criminal court. This was the situation with Michael Jackson in 1993. - On September 14 1993, less than a month after the child abuse allegations against Michael Jackson had been reported to the police, the accusing family filed a $30 million lawsuit against Jackson with the help of civil attorney Larry Feldman. - Up until that point, the alleged victim’s mother June Schwartz had maintained that Jackson was innocent of the allegations. As soon as the civil suit was filed, however, she changed her tune and joined forces with her ex-husband Evan Chandler and their son Jordan. At that point, June Schwartz’s divorce attorney Michael Freeman resigned. “The whole thing was such a mess,” he explained. “I felt uncomfortable with Evan. He isn’t a genuine person, and I sensed he wasn’t playing things straight.” - The Chandlers sued Jackson for sexual battery, battery, seduction, willful misconduct, intentional infliction of emotional distress, fraud and negligence. - The civil suit was filed while the police investigation was still ongoing. As a result, the civil trial was scheduled to take place before the criminal trial began which would have been a violation of Jackson’s constitutional right to not self-incriminate. Typically, when there are two trials dealing with the same allegation, the criminal trial takes place before the civil trial (i.e- the O.J Simpson case). This is to ensure that the Defendant’s defense in the criminal case will not be compromised as a result of the civil proceedings. - Jackson’s attorneys filed a motion asking for the civil trial to be delayed until after the criminal trial was over. They cited numerous cases such as Pacer, Inc. v. Superior Court to support their request. The Federal case held that, “when both criminal and civil proceedings arise out of the same or related transactions, the Defendant is entitled to a Stay of Discovery and trial in the civil action until the criminal matter has been fully resolved.” Other cases cited include Dustin W. Brown v. The Superior Court, Dwyer v. Crocker National Bank, Patterson v. White and Huot v. Gendron. - Larry Feldman argued that if the civil trial were to be postponed, the plaintiff, being a minor, might forget certain details about what had supposedly happened to him. The judge felt that the boy’s “fragile state” was more important than Jackson’s 5th Amendment rights and ruled in the boy’s favour. - Jackson’s attorneys filed another motion asking that District Attorney Tom Sneddon be blocked from obtaining evidence used in the civil trial. Again, the Jackson team lost the motion. The DA made it clear that he was planning to use the evidence from the civil proceedings to assist him in his criminal case against Jackson. - If Jackson had not settled the civil lawsuit, he would have put his entire defense strategy in jeopardy by revealing it to the prosecution months before the criminal case went to trial. - Let’s pretend for a moment that Michael Jackson had gone through with the civil trial. What would have happened? He would have presented the court with all of his evidence of extortion and Sneddon would have been watching the entire thing unfold. He could have then taken Jackson’s most critical exonerating evidence from the civil trial and found ways to discredit it so that Jackson would have nothing left to defend himself with in the criminal trial. - During the civil trial, Jackson’s lawyers would have undoubtedly revealed any inconsistencies in the accuser’s story. This would have given Sneddon the opportunity to examine and amend the weaknesses in his own case against Jackson. - As you can see, allowing the civil trial to proceed would have given the prosecution the upper hand in the far more important criminal trial. Although this is the primary reason behind Michael Jackson’s decision to settle the case, there were many other factors involved: 1) In a criminal trial, the burden of proof lies with the affirmative; in other words, it is up to the prosecution to prove beyond reasonable doubt that the Defendant is guilty of a crime. In civil trials, if the jury thinks the Defendant might be responsible for what he or she is accused of, they can still hold the Defendant liable. 2) In criminal law, if the Defendant chooses not to testify, their refusal cannot be used against them. In a civil trial, however, the Defendant must be cooperative for all depositions and testimony. If the Defendant in a civil trial invokes his or her Fifth Amendment privilege, the judge will tell the jury that they may make an inference against the party who refused to testify. If Michael Jackson had not settled the civil lawsuit, his entire personal life would have been put on display. Defendants in sex abuse crimes are often asked extremely personal questions on the stand; imagine what this process would be like for somebody like Michael Jackson who is admittedly shy and whose personal life is always subject to severe media scrutiny. 3) In civil trials the jury’s verdict does not have to be unanimous. If at least 50% of the jurors find the Defendant liable, the Plaintiff will still get money. 4) The Defendant in a civil trial has fewer rights. In criminal law, police must obtain search warrants before searching or seizing items from a person’s property. In civil law, a lawyer may demand information from the defense about any matter relevant to the case. This is known as the discovery process and it does not usually involve the court. Discovery may include: written questions to be answered under oath; oral deposition under oath; requests for pertinent documents; physical or mental examinations where injury is claimed; and requests to admit facts not in dispute. If Jackson had allowed the civil trial to proceed, Larry Feldman would have had access to Jackson’s medical and financial records without obtaining a warrant. 5) The civil trial would have taken months to resolve. Michael Jackson would have been paying millions of dollars in legal fees while at the same time limiting his source of income by putting his career on hold. There was probably also a lot of pressure from his record company to settle the lawsuit because the case was affecting his career. 6) Such a long, drawn out process would have caused Michael Jackson and his family immeasurable amounts of stress. Even after the civil trial was resolved, he would still have the criminal proceedings to contend with. Why go through all of that twice? 7) According to Jackson family attorney Brian Oxman, the negligence allegation included in the lawsuit might have prompted Jackson’s insurance company to force him to settle the case. “I have brought child molestation cases against Defendants and I always include a negligence allegation,” Oxman explained. “That means that the homeowners’ insurance policy takes over and a homeowners’ insurance policy can settle right out from under the Defendant. The Defendant can scream, ‘I will not settle that case,’ and they have no choice because the insurance company settles it.” For the above reasons, Michael Jackson reluctantly settled the civil lawsuit that had been filed against him. [Edited 10/28/07 10:14am] you know... there was no need to post all that... i pretty much handled it I am a Rail Road, Track Abandoned
With the Sunset forgetting, i ever Happened http://www.myspace.com/stolenmorning | |
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[folks- no more name calling please... thanks in advance- sos] Space for sale... | |
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floetcist said: I see a lot of people choose to not pay attention to what I wrote that CLEARLY displays all the information, and answers everything anyone has asked for. Yet everyone ignored my post (to continue with asking the same damn shit). How ironic.
electrorock said: NOT GUILTY just like OJ Simpson great! Don't fucking compare Michael Jackson to OJ Simpson. I'm tired of that simple logic, weak "evidence" into how its the "samething". These are two VERY DIFFERENT cases, they couldn't have been more different. Two different prosecutions, two different subject matters, two different situations, two different backgrounds. OJ Simpson has nothing to do with Michael Jackson. NO, just because he is a black male celebrity who was found not guilty in court -- whom a lot of people felt that was guilty -- doesn't some how presumably apply to Michael Jackson as well. u really know nothing about law, kid dweeb! | |
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sosgemini said: [folks- no more name calling please... thanks in advance- sos]
Can I still make jokes about Prince's sexuality? | |
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well I be damned! I leave ya'll alone for just a second and look at what has happened! i don't think me and the nwo even needs to fuck this thread up because ya'll already fucked it up yourselves "We may deify or demonize them but not ignore them. And we call them genius, because they are the people who change the world." | |
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and the facts and documents are here in this thread! yet no one takes the time to acknowledge them. what's up with that? There here in eyesight but it doesn't matter because nothing will change your stance on Jackson being guilty right?
I understand "We may deify or demonize them but not ignore them. And we call them genius, because they are the people who change the world." | |
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bboy87 said: well I be damned! I leave ya'll alone for just a second and look at what has happened! i don't think me and the nwo even needs to fuck this thread up because ya'll already fucked it up yourselves
u believe prince is straight? | |
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MikeMatronik said: bboy87 said: well I be damned! I leave ya'll alone for just a second and look at what has happened! i don't think me and the nwo even needs to fuck this thread up because ya'll already fucked it up yourselves
u believe prince is straight? Mike you are hilarious I bestow the privilege to fuck up this thread to you, my awesome friend! "We may deify or demonize them but not ignore them. And we call them genius, because they are the people who change the world." | |
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bboy87 said: MikeMatronik said: u believe prince is straight? Mike you are hilarious I bestow the privilege to fuck up this thread to you, my awesome friend! (When are we gonna have a Dangerous special thread? I loved ur previous tematic MJ threads!) | |
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bboy87 said: well I be damned! I leave ya'll alone for just a second and look at what has happened! i don't think me and the nwo even needs to fuck this thread up because ya'll already fucked it up yourselves
I know, right? | |
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MikeMatronik said: bboy87 said: well I be damned! I leave ya'll alone for just a second and look at what has happened! i don't think me and the nwo even needs to fuck this thread up because ya'll already fucked it up yourselves
u believe prince is straight? i never believed he was I am a Rail Road, Track Abandoned
With the Sunset forgetting, i ever Happened http://www.myspace.com/stolenmorning | |
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MikeMatronik said: bboy87 said: Mike you are hilarious I bestow the privilege to fuck up this thread to you, my awesome friend! (When are we gonna have a Dangerous special thread? I loved ur previous tematic MJ threads!) Just because you asked, I'll get started this week! That seems to be the favorite MJ album by alot of fans "We may deify or demonize them but not ignore them. And we call them genius, because they are the people who change the world." | |
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electrorock said: floetcist said: I see a lot of people choose to not pay attention to what I wrote that CLEARLY displays all the information, and answers everything anyone has asked for. Yet everyone ignored my post (to continue with asking the same damn shit). How ironic.
Don't fucking compare Michael Jackson to OJ Simpson. I'm tired of that simple logic, weak "evidence" into how its the "samething". These are two VERY DIFFERENT cases, they couldn't have been more different. Two different prosecutions, two different subject matters, two different situations, two different backgrounds. OJ Simpson has nothing to do with Michael Jackson. NO, just because he is a black male celebrity who was found not guilty in court -- whom a lot of people felt that was guilty -- doesn't some how presumably apply to Michael Jackson as well. u really know nothing about law, kid dweeb! Coming from someone who believes a case can be plausible with another one that was so completely different, and take it that the outcomes were for the same reason, just because? Oh yeah, such a dweeb I am. White Americans, what? Nothing better to do? Why don't you kick yourself out? You're an immigrant too. -White Stripes | |
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floetcist said: electrorock said: u really know nothing about law, kid dweeb! Coming from someone who believes a case can be plausible with another one that was so completely different, and take it that the outcomes were for the same reason, just because? Oh yeah, such a dweeb I am. your a fiery fire cracker too bad your underage I am a Rail Road, Track Abandoned
With the Sunset forgetting, i ever Happened http://www.myspace.com/stolenmorning | |
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EmbattledWarrior said: floetcist said: Coming from someone who believes a case can be plausible with another one that was so completely different, and take it that the outcomes were for the same reason, just because? Oh yeah, such a dweeb I am. your a fiery fire cracker too bad your underage That didn't stop R.Kelly..... We really need a R.Kelly hate thread! "We may deify or demonize them but not ignore them. And we call them genius, because they are the people who change the world." | |
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floetcist said: electrorock said: u really know nothing about law, kid dweeb! Coming from someone who believes a case can be plausible with another one that was so completely different, and take it that the outcomes were for the same reason, just because? Oh yeah, such a dweeb I am. i was just saying in law being not guilty or not finding evidence does not equal to INNOCENT. theres thousands of paedos that avoid court jail etc for years... | |
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electrorock said: floetcist said: Coming from someone who believes a case can be plausible with another one that was so completely different, and take it that the outcomes were for the same reason, just because? Oh yeah, such a dweeb I am. i was just saying in law being not guilty or not finding evidence does not equal to INNOCENT. theres thousands of paedos that avoid court jail etc for years... yes and there is many that go to court; get convicted and still avoid jail time | |
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