|
| The case in brief | | |  | “On February the 3rd of 2003 the world of Michael Jackson - the defendant in this case - was rocked. And it didn’t rock in a musical sense. But in a sense of the real life. And it was rocked by the fallout from the broadcast in the United Kingdom of the Martin Bashir video documentary, ‘Living with Michael Jackson’. And his life was rocked so badly that one of his long-time closest and most trusted associates and co-conspirator in this case, Marc Schaffel, described it as ‘a train wreck’.“ (Thomas W. Sneddon, opening statement).
With that, on February 28th, 2005 a trial starts which should last until the 13th of June and should end with an acquittal for the defendant. But how could this trial happen at all?
| | Foreshots | | At least with this point District attorney Sneddon, who aimed at convicting Michael Jackson to be a child molester since the first molestation allegations in 1993, isn’t wrong.
Everything began in February 2003 with the airing of the documentary “Living with Michael Jackson”. 27 million people in the US and 14 million people in Great Britain became witnesses as the superstar was holding hands with 12-year-old cancer-survivor Gavin Arvizo and how he freely admitted to occasionally share his bed with children. In that same interview Gavin insisted that Michael slept on the floor while he slept on the bed. And Michael Jackson himself energetically refused any sexual relation in this connection. Nonetheless the crop was set and the evil shoot wasn’t to avert anymore. Several psychologists, psychiatrists and other child advocates, including Dr. Carole Lieberman, wrote letters of concern to the Santa Barbara Child Protective Services and the Los Angeles Child Welfare Department. The Los Angeles Department of Child and Family Services (DCFS) was contacted, too. Also Tom Sneddon received a few letters. But he reacted carefully at first. Because of what was seen in this documentary (nothing at all!) he announced, that this was “no substitute for credible, cooperative victims”. But behind the scenes it began to brew.
After Dr. Carole Lieberman has announced her displeasure regarding the documentary and its far-reaching aftermath and the public opinion was preheating furthermore, the DCFS began with its own investigations on February 14th 2003. What nobody knew: Only four days after that the Santa Barbara Sheriff’s Department secretly convened its own investigations. The DCFS interviewed the whole family – with the result that all of them and particularly Gavin vehemently denied any misbehavior by the superstar. Finally the DCFS came to the result that allegations of abuse were “unfounded” and the case was closed.
| At the same time the Los Angeles Police Department opened and closed its own investigations and concurred that there was insufficient evidence to move forward with any action against Michael Jackson.
At April 16th 2003, the Santa Barbara Sheriff’s Department also reached a conclusion: “Based on the interviews with the children and their father, it was determined that the elements of criminal activity were not meant. Therefore, this investigation was classified as a suspected sexual abuse incident report, with no further action required. Case Closed”.
But then strange things happened. Regarding the author of the book “The Trials of Michael Jackson”, Lynton Guest, Sneddon developed his own strategy in the following months. First it was necessary to separate the potential victim and his family from the superstar. Thereafter, Sneddon threatened and allured the Arvizo’s at the same time while he threatened Janet Arvizo to charge her because of social welfare fraud and at the very same moment he promised her a million dollar worth civil suit against Michael Jackson if she would only cooperate with the D.A. But that also meant that Sneddon had to prove credible why Gavin suddenly changed his prior statements right to the opposite. And that’s when the conspiracy-charge came into the game. As long as the Arvizo’s may have been captured by Michael (or his people) against their will, they of course wouldn’t have the opportunity to tell the truth. Contrariwise, Janet and her children should have been even forced to appear in the rebuttal video of the star, “The footage you were never meant to see” and to praise him in it. But once free, finally they could have been able to tell the truth.
Now, there’s a problem with a conspiracy charge: one person alone cannot be charged for it; it’s the nature of a conspiracy that more than just one person have to be involved. And although those people were well known by the prosecution they never got charged. In addition there was still no motive for that conspiracy. Regarding to Lynton Guest in that stadium of investigation happened something nobody (Sneddon as well) couldn’t have reckoned with. Sneddon received some information from New York, but basically it came from the other end of the world: from Tokyo. The information was that Michael Jackson would be in a devastating financial situation, proved by his poor record-sales. And there was the motive! The Martin Bashir documentary should have brought Michael Jackson back to the pop-fore; it had been, so Sneddon, the final measure of Jackson’s professional rehabilitation. A trial and the connected expenses of it however would finally force the superstar into bankruptcy. Sneddon’s theory was that therefore, the Arvizo’s were captured, therefore they were forced into false statements and… therefore the superstar had begun - after the airing of the documentary and during the highest point of public outrage - to sexually molest Gavin Arvizo. That seems to make sense, no doubt. At least Tom Sneddon had this opinion.
| | And on November 18th, 2003 he determined a search warrant on Michael Jackson’s property Neverland Ranch. The “evidences” he hoped to find however proved to be very meager, despite 250 police officers and 14 hours of house search, during which mattresses were cut and a chaos was caused that was far beyond any reasonable explanation. On November 19th, 2003, Tom Sneddon announced at a press conference that the superstar would be charged and that the D.A. had a “strong case” against him. | | | On November 20th, 2003, pictures went around the world showing Michael Jackson in handcuffs while he was taken to the Sheriff’s Department. For a bail of 3 million Dollars he was on the loose thereafter. But prior to this, the department seized his passport and his children’s passports to avoid any escape overseas. | On December 11th, the TV-network CNN announced that Gavin’s positive statements about Michael Jackson were caused by intimidation. On December 19th, 2003, the prosecution finally brought in action: child molestation in several cases. At January 16th, 2004, Michael Jackson pleaded not guilty during his first appearance in court. After a grand jury in April 2004, in camera, listened to the statements of the witnesses they brought in action on April 22th, 2004. On April 27th, Michael Jackson parted with his former lawyers Mark Geragos and Benjamin Brafman and was now represented by criminal attorney Thomas Mesereau.
On April 30th, 2004, the final lodgment in ten points occurred. Newly added: allegations to have served alcohol to minors with the intention to abuse them afterwards. Sneddon has put in this additional charge after it was clear that the seized “evidences” of the search warrant couldn’t prove anything at all. The charge of serving alcohol to minors would give a chance to the jury to not find Michael Jackson guilty as for child molestation but at least guilty of serving alcohol to minors, which would lead the superstar into prison for several years.
From that on several attempts of the defense failed to break the proceedings, among other things because of Sneddon’s personal animosity against Michael Jackson and because of intimidation of witnesses. The beginning of the trial was determined at January 31st, 2005 and went on its course after the jury selection on February 28th, 2005.
| 
| | The trial: | | For some trial observers the “strong case” of the prosecution became nothing but hot air soon. Martin Bashir, as first called witness, nearly constantly refused to answer. And because he didn’t even answer the question if he had seen his own documentary the movie actually must have had to be avoided as not authorized evidence. Nevertheless the prosecution was allowed to use it as evidence. What exactly should been proved by it finally remains unclear, even in the afterwards – because actually these recording showed the opposite of what later the superstar was charged of. To be responsive to every witness would go beyond the scope in here. It’s a fact that Gavin as well as his younger brother Star constantly embroiled into contradictions during their statements. At first Gavin showed himself to the jury as a shy kid, but he disrobed this behavior during his testimonies, particularly in cross-examination by Thomas Mesereau where he rather became snappy, if not to say bold. The statements of the brothers were that different that finally it wasn’t talked anymore about two, but four alleged cases of molestation. It wasn’t possible to explain the contradictions of the boys by some means or other. Almost every single witness of the prosecution admitted that they had spoken to the D.A.’s prior to their testimony. That seems to be a casual procedure because it was criticized by the defense only.
| At March 10th the trial reached its preliminary media climax when Michael Jackson, after a fall in the shower as he said himself, came an hour too late. After judge Melville released a warrant, Michael finally appeared in court in his pajamas. The tabloids went wild. Wisely they “overlooked” the contradictions and instead concentrated in detail on the testimony of the alleged victim. Even in this early state of the trial it was conceivable that the public already had found its own judgment. The question wasn’t the guilt or innocence of the defendant but only how many years he would go to prison. But in truth the case in court started to get out of the prosecution’s control. Except for the contradicted testimonies of the boys there were no eye-witnesses. The “evidence” was limited to sexual explicit magazines and DVD’s which had a fairly heterosexual content. There was no evidence of the D.A. to allocate the boy’s testimony. And then Janet Arvizo came in. As one of the trial’s key witnesses her testimony was very important. Especially the conspiracy-theory was dependent on her testimony. Unfortunately for the prosecution Janet presented herself as being very combative. Several times she pointed at the jury or spoke directly to the defendant; she refused to answer certain questions and basically wasn’t able to confirm just one allegation charge in a credible way. Furthermore, Thomas Mesereau exposed her as affirmation liar.
| 
| 
| Sneddon, now confronted with the looser-position knew a way out though: the admission of witnesses from the 1993-case. That was certainly not because his own case proved to be anchorless and not reliable but with the pretense to demonstrate the defendant have had a certain modus operandi. But the ‘former victim’ Jordan Chandler was – supposable wisely – out of the country. Only his mother June agreed to declare – although she hadn’t have any contact to her son since more than 10 years and never witnessed any abuse. The other witnesses of that period also shaped up as highly incredible. Jason Francia, who claimed he was touched improperly by Michael Jackson had accepted one million Dollar “hush money”. The former security people who claimed to have witnessed incidents had actually lost a trial against Michael Jackson and with that had some good reasons to mention negative things. Thomas Mesereau allocated overriding financial interests by each one of these witnesses.
The testimony of Debbie Rowe, ex-wife and mother of two of Michael Jackson’s children, was also awaited with great excitement. When finally she did testify as the last prosecution witness, she bawled out a last destroying thrust. She praised her ex-husband being a wonderful parent who was surrounded by “vultures”.
| When the case went to the defense at May 5th, at least inside the court room it became clear that Sneddon’s tactic and strategy didn’t work. The carefully planted sowing was withered. However, the media and the public had a complete different view. Like before they confined themselves at the scandalous contents and statements of witnesses without any questioning of their stories or backgrounds.
The beginning of the closing arguments was at June 2nd.
|
| | Verdict |  | At June 13th, 2005, 02:13 p.m., the verdict was read: not guilty in each and every count.
|  |
|
|
|
