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Michael Jackson: 2005 trial


Michael Jackson during the Bashir interview
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Michael Jackson during the Bashir interview

This article deals with the 2005 child molestation trial of Michael Jackson, and the events leading up to it.

The main alleged victim is a boy, Gavin Arvizo, who was at the time of the alleged crimes 13 year old. Referring to him as "the accuser", Jackson has been indicted for:

  • conspiracy with five (unindicted) co-conspirators to:
    • abduct the accuser, his sister, and his brother
    • falsely imprison and extort the same children and their mother
  • having sex with the accuser
Contents

Early events

info on Garvin Arvizo


Gavin Arvizo AKA Gavin Ventura-Arvizo

Born: Dec-1989

Gender: Male Ethnicity: Hispanic Level of fame: Niche

  "All of my kids have stayed over with Michael. I am comfortable with that. They are happy with him and have a lot of fun. They are hoping to travel the world with him. He is their angel." -- Janet Ventura-Arvizo, Feb-2003 

Father: David Arvizo Mother: Janet Ventura-Arvizo Brother: Star Sister: Davellin


Janet Arvizo


Janet Arvizo Born July 1968.

Married David Arvizo in 1985, they had three children including Gavin, Michael Jackson's Accuser.

Attended Citrus Community College and Cal State Los Angeles, studied criminal justice

Bashir documentary


Main article: Living with Michael Jackson

A Granada Television documentary [1] about Jackson, in which he was extensively interviewed by British journalist Martin Bashir, was shown first in the UK on 3 February, 2003 and then in the U.S. three days later.

Among other things, the documentary shows Jackson's then-friend who later would be his accuser, born December 1989, at the time of the filming 12 years old. The boy is seen holding hands with Jackson and resting his head on Jackson's shoulder. The boy stated in the trial that the first was Jackson's initiative, the latter his own, because he was really close to Jackson, and Jackson was his best friend. He and Jackson tell about the two sleeping in the same room, though not in the same bed (they told about an occasion where each was happy to sleep on the floor and let the other have the bed). The boy has later told that he had not realized that the footage would be broadcast all over the world. After the airing he was teased by his friends. His mother claims that she has not given Bashir permission to film her son, and was not even aware of that until the airing.

Jackson stated in the documentary that several young children, especially pre-adolescent boys (including Macaulay Culkin when he was younger, his younger brother Kieran and sisters[2]) have slept in the same bed as him, but he denies having had sex with any of them. Conversely, Jackson lets his children stay with his friends, for example with Barry Gibb. He emphasizes that children need and deserve lots of love — not sexual, but like having hot milk and cookies, tucking them in, telling a bed-time story, climbing trees with them, etc.

Responding to concern after the airing, Santa Barbara County District Attorney Thomas W. Sneddon Jr. stated that, under California law, even if they had slept in the same bed, without "affirmative, offensive conduct," it wouldn't have been criminal. [3]

Jackson is alleged of conspiracy with his aides to commit child abduction, false imprisonment and extortion, in an attempt to control PR-damage caused by the documentary.

Jackson is also indicted for child molestation; however, this would have taken place not before but after the concern arose.

Visit to Florida and subsequent stay at Neverland Ranch

After the documentary aired in the UK, Jackson, staying in Florida, asked the mother to allow the accuser to come there and meet him, supposedly for a press conference. The mother set the condition that the whole family come. Jackson agreed, and the family flew to Florida with Chris Tucker, a friend of Jackson, on a private plane.

The press conference never occurred.

During this three-day visit, the documentary aired in the US. The family alleges Jackson pressured them not to watch it.

When the accuser and his family returned home, Jackson was on the flight. He had asked the mother to take a commercial flight, but she insisted that she be on the same plane. The family alleges that Jackson gave the accuser alcohol and at one point licked the top of the side of his face.

After they returned to California the family again stayed at Neverland Ranch. The dates of their stay were approximately 7-11 February. They left at night with the help of the house manager Jesus Salas while other staff did not like them to leave, and went to stay with the mother's parents. Tyson (see below) called the mother repeatedly to ask her to come back, with the children, and saying that that would be safer for them. They did after the mother was told that "the Germans" Wiesner and Konitzer (see below), who she did not like, would not be present. Because the Germans were there, she left again, but without the children. She claims that she had been told they had to stay. Salas told her he could not help her any more in this regard, because of instructions he had got.

Rebuttal video

In response to the Bashir documentary, Jackson had a so-called "rebuttal video" produced, called 'Take Two', and presented by Maury Povich.

The production included an interview with the family, filmed in the night of 19 February 2003 in Moslehi's home. Allegedly they were pressured by Jackson's aides to participate and say positive things.

This part of the footage was not aired because the videographer Hamid Moslehi refused to hand it over, because of 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.

DCFS interview

On 20 February 2003 the family was interviewed by the Sensitive Case Unit of L.A.'s 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, 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; the charges marked as "unfounded". Allegedly the family was put under pressure by Jackson's aides to say positive things.

Afterwards, in November 2003, when there was outside interest in connection with charges against Jackson, a report was made. [6]

Plans for a trip to Brazil, final departure from Neverland

A shorter or longer trip of the family to Brazil was planned and prepared, for protection of Jackson and/or the family against supposed or pretended danger, as a result of the Bashir documentary. These plans play a role in the allegations. According to witnesses, the Jackson camp told the family that there were death threats, related to the airing, against the family, while later, allegedly, some of the Jackson camp came with threats themselves.

After the interview, the children went back to Neverland, and a day later, the mother came as well after cooperating in making preparations for the trip to Brazil, although, she says, she did not really want to go. From the 25th of February to the 2nd of March, 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 10 March, the mother and the accuser went to the hospital with a urine sample of the accuser, for a scheduled medical check-up. This was spilt, allegedly deliberately, by a Jackson aide in order to prevent detection of the accuser having been drinking alcohol. Afterwards the accuser went back to Neverland, while the mother went to stay with her fiancee.

By pretending that her father was seriously ill, and promising that two days later the family would return to Neverland, and then go to Brazil, she persuaded Jackson's aides to bring the children for a visit to their grandfather. After that she and her children never returned.

At first the accuser was very angry at his mother that she did not allow him to return to Neverland.

The mother seeking legal advice

Meanwhile the old apartment of the accuser's mother, who partly lived with her fiancee and partly with her parents, was emptied, her belongings stored, and the remaining rent paid, by Jackson's staff. It is not clear whether this was at her request. Afterwards, she had trouble getting her belongings returned. This was one of her reasons for seeking legal advice.

The second reason was to prevent re-airing of the Bashir documentary with her son in it.

The lawyer referred the family to a second lawyer, who sent the family to psychologist Katz, to find out whether there might have been sexual abuse. The accuser's brother told him that he had witnessed Jackson and the accuser having sex, after which Katz reported this to the authorities, as is compulsory for someone of his profession in such a case, being a so-called "mandatory reporter of child abuse".

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.

Searches

On November 18, 2003, a team of more than 70 investigators from the Santa Barbara County District Attorney's Office and Sheriff's Department descended upon Jackson's Neverland Ranch with a warrant to search the premises. They were reportedly looking for evidence to corroborate the account of the then 13-year-old accuser that Jackson had sex with him.

Also searched on the same day were the office of Bradley Miller, a private investigator working for Jackson, and the L.A. home of Hamid Moslehi, Jackson's videographer (see also above).

Miscellaneous allegations

On April 14 2004 it was announced that the LAPD was investigating another allegation of child abuse, possibly committed by Jackson. The only information the LAPD was willing to release about this new case was that the incident allegedly occurred in the late 1980s. If it happened before 1988, California's statute of limitations may have expired on the case. Attorneys for Jackson claim that the new allegation is groundless. The LAPD has stated that "no charges will be sought" in the case, after a two-month investigation found "no evidence that any crime occurred".

Arrest and investigation

Police photograph of Michael Jackson, ,
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Police photograph of Michael Jackson, November 20, 2003

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 single "One More Chance", from his Number Ones greatest hits album, 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 Airport and surrendered himself to California police. Driven by police to the Santa Barbara County Jail, he emerged from the police vehicle in handcuffs. He was charged with "lewd or lascivious acts" with a child younger than 14 under section 288(a) of the California Penal Code. He posted $3 million bail.

Later Jackson has requested lowering of the bail. The prosecution is opposed as they argue that Jackson may well consider going to live in another country as a fugitive: there are several countries of Europe, the Near East and Africa, where Jackson is adored, and several of those countries do not have extradition treaties with the United States. Also they cite Andrew Luster as an example: he fled to Mexico, notwithstanding his $1 million bail bond.

The judge is Rodney S. Melville, 62. Jackson's lawyers have included Mark J. Geragos (who also defended Scott Peterson) and Benjamin Brafman (who won an acquittal on weapons and bribery charges for P. Diddy), until Jackson replaced them by Thomas Mesereau Jr., who also represented Robert Blake temporarily, because a lawyer was needed who can give Jackson's case his full attention.

Jackson had been temporarily exempted from the requirement to stay in the US, for a possible trip to Britain ending not later than January 6, but he did not use the exemption after all. Shortly after being arrested, Jackson was made to surrender his passport to Santa Barbara authorities. At the time of his booking, his weight was measured at 120 pounds (56 kg), a notably low weight for a 5'11" (178 cm) middle-aged man. A series of public vigils to protest his innocence, organised by fans, were held on November 23, but were notable for the low turn-outs.

On November 25, 2003 it was revealed that, unbeknownst to Jackson, the private jet that was chartered to take him and his attorney from Vegas to California was secretly wired with video and audio recording devices. A third party took recordings on this trip and attempted to sell them to major television and radio networks for an extremely 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 massive lawsuit toppling the $500,000,000 mark has been filed by Jackson's party against the perpetrators. Jackson has not paid his travel agent for the flight and is in 2004 being sued over that.

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 reported that the tape shows Jackson calm and relaxed on the plane. [7]

On December 18, 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 states that Jackson has seven times "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 has been "substantial".

Also, that on two of these occasions, Jackson has administered to the boy an intoxicating agent, with intent thereby to enable and assist himself to carry out the previously mentioned act.

Jackson denies and says that the sleepovers were non-sexual. He still describes the boy on whose statements the accusations are based as "a sweet child"; he says the boy is manipulated by greedy parents.

During a 60 Minutes interview with Ed Bradley, Jackson claimed that he was manhandled by police during his booking. Amongst other things, he claimed that his arms were dislocated, the handcuffs bruised his forearms, and that he was locked in a dirty bathroom for over 45 minutes. He has not formally filed his complaints.

The Santa Barbara County police then released video tape showing Jackson's arrest, which seems to go smoothly and without incident. 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 (nervously) 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 what is being shown is only a biased view of what occurred: it does not prove that his claims are false, and police avoids showing what would prove his claims to be true.

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.

At the prosecution's request the judge has issued a gag order which forbids 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 is that people among whom a jury has to be selected are not influenced. However, he would consider proposals to allow either side to answer reporters' questions about rumors surrounding the case.

Jackson was arraigned January 16 2004, at the court of Santa Maria. He was admonished by the judge for turning up 20 minutes late. He entered a plea of "Not Guilty". Hundreds of fans and an international media circus surrounded the event. Police will keep the public at some distance next time, for more order and safety.

Judge Melville turned down a media's request for publication of 82 pages of documents and related tape recordings because that would violate the parties' privacy rights and complicate the process of selecting an unbiased jury. It concerns the boy's accounts of what allegedly happened, interviews with his family, statements that came out during the child's psychological counseling and information about the Chandler's case.

It was contained in an affidavit in which authorities explained their reasons for seeking a search warrant for Neverland Ranch.

In a court session on February 13, 2004 it was revealed that the defence had just received 400 pages of evidence from the lead prosecutor and that hundreds more are expected. The judge said he wants the trial to begin before the end of 2004. Both sides agreed that was possible. Jackson was not present. He may also not be at sessions where only prosecution witnesses are required to testify, to determine whether there is enough evidence to start the trial itself.

In the court session of April 2, 2004 the judge ordered papers to be released from a previous unrelated lawsuit started by the accuser's family; Jackson's defence says they will be used to show Jackson's innocence.

At some stage between the arrest and the trial Nation of Islam members were playing a role in Jackson's affairs, in particular in the field of security.

Grand jury proceedings and indictment

Grand jury proceedings (without defense and without judge) 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 has ruled that witnesses before the grand jury can talk to defense attorneys about their knowledge of the case as long as the witnesses do not tell what they saw in the grand jury room or what questions they were asked and their answers. Many grand jury witnesses have been sneaked into the building where the grand jury is meeting, sometimes covered in blankets to hide their identities. In February 2005 The Smoking Gun published the secret transcript.

Thus pre-trial hearings to prepare a preliminary hearing were no longer needed.

The new arraignment was on April, 30. The new charges, regarding which Jackson has pleaded not guilty again, were similar to the earlier ones, allegedly "on or about and between" 20 February and 12 March 2003, but with the addition of conspiracy involving child abduction, false imprisonment and extortion. Apparently the first two refer 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 that.

News organisations' cases for releasing evidence have been heard at a hearing on 28 May 2004. The judge refused to release the full indictment or grand jury testimony.

On July 28, 2004 judge Melville granted a delay in the trial.

On December 3 and 4, 2004, Neverland was searched again. Also in that month Jackson's DNA was taken.

Jackson intends not to place himself in so vulnerable a position again. Geraldo Rivera, a longtime friend of the Jackson family, explains that Michael Jackson will never have sleepovers with boys not related to him again, because he understands that, however innocent his conduct has been, it violates a social norm.

Alleged co-conspirators

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

  • Frank Tyson (also called Frank Cascio), 23, who was Jackson's personal assistant, and might have threatened the accuser's younger brother, who was a witness of part of the alleged crimes. Tyson and Jackson have been friends since Tyson was a small boy. Tyson's father was the concierge at a NY hotel where Jackson stayed. Right after the 1993 allegations, Cascio and his younger brother were seen traveling the world with Jackson.
  • Vince Amen (also called Vinnie), 24, who worked for Jackson's production company and might have been holding the family at Neverland against their will - got 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, 2001 Terrorist Attack; former producer of homosexual pornography - his house was searched by the police in 2004
  • Dieter Wiesner - German
  • Ronald Konitzer - German-born Canadian

None of them agreed to testify during the grand jury proceedings.

Trial

The jury selection for the jury trial started on January 31, 2005, and lasted less than a month.

Both the prosecution and the defense have many witnesses. For the defense there are about 300 people, incuding Elizabeth Taylor, Ed Bradley, and Diana Ross.

Because no television cameras are allowed inside the courtroom, E! and British Sky Broadcasting are broadcasting a re-enactment of the trial.

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. Melville decided that the defense can submit a motivated request to Melville to have Bashir return to testify more, against which Bashir can file opposition. Also Melville agreed that before possibly charging Bashir with contempt of court for refusing to answer, Bashir will be heard.

Adult materials found at Neverland were all heterosexual and legal. However, some had fingerprints of the two brothers on them; Jackson is alleged to have shown these adult materials to the brothers for the purpose of grooming, and gave them alcohol. Both were allegedly for the purpose of lowering inhibitions to sexual behavior. Jackson denies; he claims that the accuser and his brother were sometimes “out of control” at Neverland, and read his magazines and drank his alcohol without permission.

On 10 March 2005, the judge was on the brink of issuing an arrest warrant and forfeiture of the bail, when Jackson was an hour late for the trial.

The accuser's brother testified that on two occasions, each during a few seconds, while not been seen, he had seen that Jackson had outercourse with the apparently sleeping accuser (counts 4 and 5). Details of the sexual act on the second occasion contradict what the accuser's brother told psychologist Katz, according to Katz' testimony before the Grand Jury. He explains this by saying that there were actually three occasions.

The boy admitted that he had lied under oath in an unrelated court case.

During the alleged sexual incidents, Jackson wore underpants, and the accuser wore underpants or pyjamas. On one brief occasion the brothers saw Jackson naked. According to the accuser's brother, Jackson's penis was erect, but according to the accuser it was not. Even if the incident was non-sexual this was special to the brothers, because they had never seen a naked adult before.

The accuser told a school administrater at a date after he had left Neverland that Jackson had not molested him. Later, at the trial, he said that this was not true, that he had lied because he was already teased after the airing of the Bashir documentary, and he feared that the teasing would get worse if he would have told the truth, which, as he now said, is as follows: on one occasion Jackson manipulated the accuser's genitals for about five minutes, causing the accuser to ejaculate (count 2); the next day Jackson started it again (count 3) and also tried to guide the accuser's hand to Jackson's genitals, but the accuser pulled away (count 6).

The accuser said that he was happy at Neverland, and that only after leaving did he realize he didn't want to be there anymore.

Defense witness George Lopez, who has been a friend of the accuser's family, gave the family money, but the father kept asking for more. It was alleged by the defense that the family tried to extort money from Lopez, by claiming that Lopez stole $300 from the family. 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.

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.

The accuser's mother took the Fifth regarding Social Security fraud she has committed. Melville ruled that she could testify without being questioned about the fraud, despite the defense's opposition against that.

She admits that she has lied under oath in an unrelated court case.

Prior bad acts (Evidence Code 1108)

Melville has allowed the prosecution to present evidence regarding five men (out of seven requested [8]) who, as a boy, allegedly have been involved in bad behavior of Jackson. A total of nine people are called to testify, including only one of these five men, Jason Francia. The purpose is to demonstrate a pattern of behavior of Jackson. Bringing in evidence of so-called "prior bad acts" to suggest that a defendant had a propensity to commit certain crimes, is only allowed in a few US states, and only for sex crimes; in California this is Evidence Code 1108.

  • Jason Francia (born 30 May 1980) is the son of Jackson's former maid Blanca Francia, who moved from El Salvador to the US in 1975. She worked for Jackson in the period 1986-1991 at the Jackson family home in Encino, Los Angeles, at Jackson's Century City, Los Angeles appartment which he called "The Hideout", and at Neverland. She often brought Jason along to her work. Jason was a friend of Jackson in the period 1988-1991, when he was 7-10 years old. Allegedly Jackson touched Jason's crotch twice over his shorts, and once touched his testicles from under his shorts, on each of these three occasions for a few minutes during a tickling game. On the first two occasions he received $100 each for not telling his mother. Ca. 1996 Jackson paid the family an additional $2,000,000 to settle the case. Blanca Francia also received $20,000 for a TV interview. She testified too, in spite of the settlement. She did not see sexual activity, just an occasion where Jackson and Jason were lying together partly on, partly in a sleeping bag.
  • Jordan Chandler, who allegedly was molested by Jackson in 1993 (see Michael Jackson: 1993 allegation of child sexual abuse) has, according to his uncle Ray Chandler, left the country to avoid testifying. Former security guard Ralph Chacon says that at Neverland he saw Jackson putting Chandler's penis in his mouth on one occasion, and touching Chandler's crotch with his hand on another occasion. Chandler's mother will also testify. Former maid Adrian McManus says she once saw Jackson touch Chandler's crotch over his clothes. Bob Jones, who worked for Jackson from 1987-2004 as PR-man and Stacy Brown have written the book "The Man Behind the Mask," to be published in May 2005. As a witness Jones was hesitant whether he did or did not remember Jackson licking Jordy's head.
  • Macaulay Culkin - He has denied having had sex with Jackson. A Culkin spokesperson said she did not expect him to be involved in the trial. Former cook Phillip LeMarque said he saw Jackson once with his hand down the front of Culkin’s pants, while the pair played video games. Adrian McManus only saw that once Jackson kissed Culkin on his cheek, and had his hand "kind of by his leg, kind of on his rear end".
  • Wade Robson - He has confirmed that he has slept in the same bed with Jackson, but he has denied having had sex with him. Blanca Francia saw only that once they took a shower together.
  • Brett Barnes - He has denied having had sex with Jackson. Adrian McManus only saw that once Jackson kissed Barnes on his cheek, and put his hand on Barnes' rear end.

Charlie Michaels and Charmayne Sternberg will also testify about them. The witnesses include some of the "Neverland Five" (former security guards Ralph Chacon, Kassim Abdool, and Melanie Bagnall, former office manager Sandi Domz, and former maid Adrian McManus) who lost a lawsuit in 1995 against Jackson. One case concerns sharing a bed while nude, without necessarily inappropriate touching.

The two boys about whom Melville does not allow evidence are Jimmy Safechuck and Jonathan Spence.

Chris Carter

Prosecution witness Chris Carter, who has been Jackson's bodyguard from August 2002 - August 2003, has been put in jail in Las Vegas. He is accused of robbing a Radio Shack in October 2003, Subway sandwich shop in August 2004, a KB Toy Store in January 2005 and a Jack in the Box restaurant in February 2005. He was arrested on 19 February 2005 after police searched his mother's house, and found a handgun. He has pleaded not guilty.

In 2000, Carter was convicted of possession with intent to distribute a controlled substance, and therefore not allowed to possess a gun. [9]

In 2004 Carter has been questioned before the Grand Jury [10]. He appeals the decision that he is sent to Jackson's trial to testify (planned for 4 April 2005). If he has to go, he'll take the Fifth Amendment against self-incrimination.

Carter witnessed family members at Neverland and when he acted as their driver on a few occasions, and he was on the plane from Miami.

Jackson's finances

The prosecution is seeking to have Jackson's financial records exposed in the trial.

They claim that Jackson is 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 is on the brink of bankruptcy.

They argue that this could have been a motive for Jackson to resort even to the alleged conspiracy to control the PR damage of the Bashir documentary, and thus control the resulting financial damage.

The judge ruled that the prosecution can subpoena the financial records, but that they will only be opened in the trial after he heard testimony that they are relevant.

Court days

As of 15 April 2005, all weekdays from 28 February 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 11, 18 March, and the first part of 28 March.

See [11].

The accuser

The accuser was born in December 1989, hence he was 13 years old in February and March 2003, when allegedly the crimes were committed.

The accuser admits that he has often misbehaved in class at his middle school, and never did his homework. At some stage he had problems with almost all teachers.

In 2000 he was diagnosed with cancer. Soon after that, through Jamie Masada [12], the owner of a comedy club, his wish was fulfilled to meet Jackson, and the boy often visited Neverland, also when Jackson was not home. In 2001 there were no visits but he and Jackson had many telephone conversations. In 2002 was the filming for the documentary, which was aired in 2003.

His father was several times at Neverland in 2000, sometimes with the whole family, other times with just the children. According to witnesses the father has been persistent in begging celebrities for money for the family, and after receiving money, persistently asking for more.

After 2000 the accuser's parents were divorced, his mother has custody over him and his older sister and younger brother. After having completed classes in parenting and anger management, the father has applied for having a restraining order against him temporary lifted, to allow him to see his three children. He wants to see for himself how his health is and hopes to find out whether the boy and Jackson have had sex. He blames his ex-wife for having allowed the boy to sleep in the same room with Jackson and claims that she has been in a mental hospital, and that she sometimes coaches her children to lie.

He was featured in Bashir's documentary as one of many guests at the Neverland ranch; subsequent airings of the Bashir documentary on American VH1 after the 2003 allegations have blurred Jackson's accuser's and his siblings' faces, as well as muted out his name. 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.

Possible civil lawsuit

If Jackson is convicted, he may on top of that be forced to pay damages to the accuser: a civil lawsuit to that end would be easier for the accuser to win; it would be possible until the accuser turns 20, in December 2009.

See also

External links

News

Police and courts

Interviews

Last updated: 05-16-2005 15:09:26