Court Appearance Postponed For Father Of Michael Jackson's Accuser

UPDATED: 9:41 am PDT June 3, 2004
LOS ANGELES -- A court hearing on a request by the estranged father of Michael Jackson's accuser to visit 

his leukemia-stricken son and his two other children was put off Thursday.  The man is asking a judge to lift 

a restraining order that is part of his divorce from the boy's mother, but attorney Russell Halpern, who 

represents the father, said he needed to gather more evidence before proceeding.  No new date was 

immediately set.  The man claims he is concerned about his son's health and about allegations that he was 

molested by Jackson, Halpern said.  The boy's mother filed for divorce in 2001. The father pleaded no 

contest to child cruelty in 2002 and spousal abuse in 2001 and has been barred from visits with the 

children.  But Halpern argues that visitation should be granted, noting that the father has completed 

parenting and anger management classes.  In his court papers, the man claims his estranged wife "has

allowed at least one of my children to spend evenings alone with a man, Michael Jackson, without

supervision. My sons may have been the victim of a crime, that being child molestation."  Beside the 

14-year-old boy at the center of the Jackson case, the man has another son and a daughter.  Jackson has 

pleaded innocent to 10 charges, including felony conspiracy involving child abduction, false 

imprisonment, extortion, committing lewd acts upon a child, attempting to commit a lewd act, and 

administering an intoxicating agent to a child. He is free on $3 million bail.
http://www.nbcsandiego.com/entertainment/3377525/detail.html

Jackson phone records sought
6/5/04
Prosecutors in the child molestation case against Michael Jackson are seizing phone records from several 

locations around the country to build evidence against the entertainer, according to documents released 

late Friday.  The records sought are from 17 different companies, including Verizon in California, 

Pennsylvania, Virginia and New Jersey; Nextel in Colorado; Bell South, Bell Pacific and Southwestern Bell. 

The search warrant for the phone records was issued May 20. The documents don't provide details such as 

why the records were requested. A gag order in the case prevents attorneys and others from commenting.  

The 23 search warrants indicate the Santa Barbara County district attorney's investigation is ongoing. 

Warrants were approved as late as last week.  On May 14, a search warrant was approved to seize records 

from Bank of America, TransUnion, Equifax and Experian. Another warrant was executed on April 2 and April 

30 for records of RCN Internet.  The trial against Mr. Jackson is set to begin Sept. 13. In April, the 

entertainer pleaded not guilty to 10 felony counts.  The information about the search warrants surfaced 

in the prosecution's request to seal the documents, stating premature disclosure of the material could 

compromise an ongoing investigation and prejudice both parties' rights to a fair trial.  The requests to keep 

the documents sealed will be heard at the next court hearing in Santa Maria scheduled for June 25.
-- Dawn Hobbs
http://news.newspress.com/topsports/060504jackson.htm

http://www.cbsnews.com/stories/2004/06/02/...ain620746.shtml
A Michael Jackson Conspiracy?
NEW YORK June 2, 2004
(CBS) In a new April 21, 2004, indictment against Michael Jackson, prosecutors charge the singer conspired 

to commit child abduction, false imprisonment and extortion to keep his alleged victim and his family quiet. 

Was there a conspiracy within Jackson's inner circle to cover up his alleged crimes? Correspondent Bill 

Lagattuta speaks exclusively about the new charges with Jackson's new attorney, Tom Mesereau, and Jackson 

photographer Ian Barkley.
--------------------------------------------------------------------------------
Tom Mesereau, the new lead defense counsel in Jackson's child molestation case, is one of the most 

un-Hollywood of Hollywood lawyers.  He is a regular parishioner at the First AME Church in Los Angeles 

and is a regular volunteer at the church's free legal clinic.  Says Mesereau, “I like to think of myself as 

someone who loves his profession, and who believes lawyers can make a difference in society.”  But he’s made 

his name with more famous clients, people such as actor Robert Blake, accused of murdering his wife, and 

boxer Mike Tyson, who was accused of rape.  Does Mesereau see a difference in dealing with a celebrity client 

as opposed to an ordinary person?  “It really depends on the client," he answers. "Celebrities are targets. 

They're targets for any number of people to try to develop a reputation and make some money at the expense 

of the celebrity.”  Michael Jackson fans got their first glimpse of Mesereau’s distinctive white mane and 

well-mannered style when the singer was indicted in Santa Maria, Calif.  Mesereau’s adversary is Santa 

Barbara District Attorney Tom Sneddon, who has charged Jackson with molesting a 13-year-old cancer 

patient, who was seen in the infamous British documentary about Jackson that aired in February 2003. In 

that video Jackson said he shared his bed with the teen.  Jackson brought Mesereau in to replace attorney 

Mark Geragos, saying he didn’t want to share Geragos' services with accused murderer Scott Peterson, 

whose own high-profile trial has just begun.  But it’s not only the defense team that’s changed in the Jackson 

case, but also the prosecution’s charges. In addition to accusing Jackson of child molestation, the new 

indictment alleges conspiracy to commit child abduction, false imprisonment and extortion. It suggests that 

after the 2003 documentary aired, Jackson became worried what the teen might tell authorities - and went 

to great lengths to keep him and his family quiet.  Maureen Orth, a Vanity Fair correspondent who writes about 

Jackson in her new book, "The Importance of Being Famous," describes the pop star as a “very vindictive person.  

"You don’t cross him. He is not the defenseless high-voiced creature you think he is," Orth said.  The author has 

pieced together an outline of the alleged conspiracy.  "What happened was that Michael immediately sent for 

the [alleged victim's] family. They were put up at Neverland...their belongings were put away in storage," she 

said.  Once they were at Jackson's compound, Orth says, "my understanding is that they didn’t have cars. And 

Neverland is fairly isolated. They were always in the company of one of the handlers of Michael Jackson."
These handlers – 23-year-old Frank Tyson, of New Jersey, and his buddy, Vincent Amen – are at the heart of 

the alleged conspiracy. Orth says both were directly supervising the accuser’s family.  According to Orth, 

"They were trying to get their passports and visas made because they wanted them to go live in Brazil or 

Argentina. And just get out of the country so nobody in the press could pursue them."  Who else may have 

been involved in the alleged conspiracy is unclear. The accuser’s family had contact with Jackson’s former 

business manager, Dieter Weisner.  There's also Marc Schaffel, a former producer of gay pornography. Orth 

says, “Mark Schaffel tried to get this boy on video immediately and his family on video immediately to say 

nothing had gone on with Michael Jackson.”  Schaffel, hired to produce Jackson videos, also reportedly 

went to Brazil to scope out locations where the accuser and his family could be hidden away.  But according 

to Jackson photographer, Ian Barkley, the Brazil plan had an innocent explanation.  “There's no way anyone 

would try to hold them against their will. There's no way Michael would allow it," says Barkley, who worked 

with Jackson for most of 2003, and still has close relationships with both Schaffel and Wiesner.  "There 

was no conspiracy to abduct," Barkley says. “I think the intent of the Brazil trip was actually to distance 

Michael from the family, temporarily, just so that the relationships were a little bit separated. The family 

was, from what I understand, they were actually enthused about going to Brazil."  He insists Jackson never 

harmed the teen, and says the Brazil trip was simply a shrewd business decision. The goal was to draw 

attention away from the post-documentary scandal and refocus the spotlight on Jackson’s forthcoming 

album launch.  “They were afraid if the kids stayed on the ranch there would be more things coming up. There 

would be more reports, more investigations done," says Barkley. “As any wise businessperson would do, 

they just said, 'Let's remove the liability from us. And we won't have to deal with it.'"  Jackson and all of these 

associates deny any wrongdoing. The attorney for Tyson and Amen, the alleged handlers, says he’s waiting 

for the Santa Barbara district attorney to indict them or offer immunity for their cooperation.  A court 

order bars Mesereau from talking about Jackson, but he can discuss previous cases that illuminate his 

methods.  In the 2001 sexual assault investigation of Mike Tyson, Mesereau’s team destroyed the credibility 

of the accuser. Charges were never filed.  Talking strategy, Mesereau says, "Do an investigation. Find out 

who the accuser was. Interview people who know them, find out about false complaints.”  He has also had 

success in handling conspiracy charges.  “The great trial lawyer Clarence Darrow once said that conspiracy 

charges were the catch-all for prosecutors," he says. "Because when they had a weak case they couldn’t 

prove, they threw in conspiracy because it was easier to prove."  But isn't it true that as a rule, juries don’t 

like to find out defenders covered up something?  Mesereau says, "I think juries don’t like to find out that 

police or prosecutors abused their power, and filed weak charges, and put someone through a nightmare 

that they shouldn’t have been put through. ...In my experience, they’re much more troubled by that.”  Later this 

month, the court will rule on whether to release more information to the public regarding the charges 

against Jackson. And a judge has set a trial date for Sept. 13. Until then, Mesereau and the rest of the 

singer's team are quietly keeping their faith.

Police probe clears Michael Jackson of new child abuse allegations

6/2/04
LOS ANGELES (AFP) - Embattled pop superstar Michael Jackson (news) got some much-needed good news 

when a Los Angeles police investigation cleared him of new allegations of child molestation in the late 

1980s.  The Los Angeles Police Department announced that a two-month investigation into the fresh claims 

of child abuse against Jackson had concluded that there was no evidence of any crime.  The dismissed 

allegations were unrelated to a case in California's Santa Barbara County, north of Los Angeles, in which 

Jackson is awaiting trial on charges molesting a 12-year-old boy at his Neverland Ranch last year.  "After 

an extensive investigation, which included hours of interviews with the person making the allegations, 

detectives concluded there was no evidence that any crime occurred," police said in a statement.  "No 

charges will be sought" in the case, the department added.  Police launched the probe in April after being 

told by prosecutors that someone had claimed to have been molested by Jackson in Los Angeles more than 

15 years ago. No details of the claims were released.  Jackson in April pleaded innocent to a 10-count 

indictment in Santa Barbara County that included charges of child molestation, conspiracy to falsely 

imprison and abduct someone, and extortion.  The millionaire entertainer, 45, has dismissed the allegations 

against him as a "big lie" and an attempt to extort money from him.
http://news.yahoo.com/news?tmpl=story&u=/a...be_040602235436

LOS ANGELES POLICE DEPARTMENT PRESS RELEASE "Michael Jackson Investigation"
6/2/04
Los Angeles: On May 28, 2004, Detectives from the Los Angeles Police Department’s Juvenile Division 

officially concluded their 2-month investigation into allegations of child abuse against Michael Jackson.

The person making the allegations claimed the acts took place in the City of Los Angeles in the late 1980’s. 

After an extensive investigation, which included hours of interviews with the person making the allegations, 

Detectives concluded there was no evidence that any crime occurred. No charges will be sought.
This news advisory was prepared by Lieutenant Art Miller, Media Relations Section, at 213-485-3586.
http://www.lapdonline.org/press_releases/2004/06/pr04305.htm

Questionable Tactics
L.A. investigators ask TSG to serve up MJ "source"
6/1/04

Get a load of the below letter we just received from the Los Angeles County gumshoes investigating 

the "leak" to The Smoking Gun of a confidential report regarding the Michael Jackson child abuse probe. The 

L.A. Department of Auditor-Controller, you see, is conducting a "criminal investigation" into TSG's publication 

of a Department of Children & Family Services memo and they'd really, really like the "name of the person 

from who you received the memo" and the "circumstances under which it was received," among other things. 

Since we weren't there on May 25 when J. Tyler McCauley wrote the thing, we can only guess that he was 

chuckling as he typed those kooky requests. McCauley's missive was drafted the same day that a lawyer 

representing the family of the boy at the center of the Jackson case filed a legal claim against the county, 

alleging that his clients were damaged by the report's publication. In the notice of claim, attorney Larry 

Feldman stated that he hoped the legal action would force DCFS officials "to promptly and fully investigate 

its violation of the claimants privacy rights."

http://www.thesmokinggun.com/graphics/art3/0601045auditor1.gif
http://www.thesmokinggun.com/archive/0601045auditor1.html
Source: SmokingGun.com

Jackson Camp Calls New Allegations A Smear Campaign
6/1/04 
Michael Jackson and his camp are dismissing as "malicious" and "false" claims by an 18-year-old man who has 

sold his story of abuse to a British tabloid.  News of the World purchased Daniel Kapon's half-hour videotape, 

on which he alleges Jackson had drugged, molested and videotaped him during trips to the Jackson family 

home in Encino, California, as well as at Neverland Ranch. Kapon claims the abuse started when he was 3 and 

continued for six years. A Jackson spokesperson said the tape was being offered for nearly a half a million 

dollars when it first surfaced a month and a half ago.  "This appears to be a malicious attempt to undermine 

Mr. Jackson's right to a fair hearing on the charges presently pending," Jackson's lawyers said in a statement. 

"We have to question the timing and purpose of this false allegation being raised at this time. We believe that 

this smear campaign is driven by money-hungry lawyers seeking to capitalize on Mr. Jackson's current legal 

situation."  Kapon claims his allegations were prompted by a repressed memory that was recovered while 

under a psychiatrist's care. That psychiatrist is said to be Dr. Carole Lieberman, and Kapon's lawyer is said 

to be Gloria Allred. Lieberman and Allred previously filed complaints against Jackson with the Department 

of Children and Family Services following his infamous baby-dangling incident.  Lieberman declined to 

comment, and Allred was unavailable for comment.  Los Angeles authorities issued a press release when 

allegations first surfaced in mid-April, stating that they are looking into the Kapon's claims. Santa Barbara 

authorities declined to comment, citing the gag order in the Jackson case (see "Media, Attorneys Fight Over 

Access In Michael Jackson Case").
—Jennifer Vineyard
http://www.mtv.com/news/articles/1488069/2...?headlines=true
Source: MTV News

Jackson's trial date set for Sept. 13 Sheriff's detectives apparently not done seeking evidence
By DAWN HOBBS
5/29/04

http://www.newspress.com/mjacksonupdate/images/lc_jackson_052904_a1.jpg
RAFAEL MALDONADO / NEWS-PRESS PHOTOS
Michael Jackson's lawyer Thomas Mesereau arrives at the Santa Maria courthouse Friday.

A date of Sept. 13 was set Friday in the trial of Michael Jackson, but even the judge acknowledged that a 

delay was likely because of the mountain of evidence in the case.  The hearing before Superior Court Judge 

Rodney Melville — which Mr. Jackson was not required to attend — provided a glimpse of the number of 

documents, audiotapes and videotapes both sides must wade through in the child molestation case against 

the entertainer.  It was revealed that a total of 400 items were seized during raids on Mr. Jackson's 

Neverland Valley Ranch in November and numerous other locations since then. But it wasn't until Friday 

that the prosecution agreed that the defense team would be allowed to review some of the items for the 

first time next week.  Furthermore, sheriff's detectives apparently aren't finished seizing evidence. Judge 

Melville indicated he approved search warrants as recently as last week.  Prosecutors presented more 

than 100 exhibits to grand jurors who indicted the entertainer last month. At least nine of those items 

consist of physical evidence that may undergo forensic examination — prolonging the process even more. 

Then the defense may decide to seek its own independent analysis.  Friday's hearing was the latest attempt 

by attorneys to lay the groundwork for sharing evidence and for media access. Lead defense lawyer Thomas 

Mesereau also argued for a reduction in his client's $3 million bail, stating that Mr. Jackson's wealth cannot 

legally be used to determine bail.  In contrast to earlier hearings, where Jackson family members filled at 

least a half-dozen seats in the courtroom, Mr. Jackson's father, Joe, was the lone relative attending.  The 

area around the Santa Maria courthouse was also barren compared to the previous hearings, with only eight 

news satellite trucks and about a dozen fans. One of them was Talin Shajanian, 27, who has driven from Los 

Angeles for every hearing.  "I believe Michael is innocent until proven guilty," she said. "And I think from what 

I've read and researched, it's all a joke and a scam. I think there's a lack of evidence and a credibility issue 

with the accuser's family."  Next week, Judge Melville said he will likely decide whether to make public the 28 

"overt acts" listed in the indictment to support Santa Barbara County District Attorney Tom Sneddon's 

contention that the case also includes conspiracy of child abduction, false imprisonment and extortion. 

Mr. Sneddon was not at the hearing.

http://www.newspress.com/mjacksonupdate/images/0528_jackson2.jpg
A small group of dedicated fans gathers outside the Santa Maria courthouse on Friday to show support 

for Michael Jackson. Some of them have appeared at every hearing.

Mr. Jackson pleaded not guilty last month to four counts of lewd conduct, four counts of administering 

alcohol to commit molestation, one count of attempted lewd conduct and one count of conspiracy.  Judge 

Melville said he would consider a request to lower Mr. Jackson's bail, which Mr. Mesereau called "grossly 

excessive."  Mr. Mesereau pointed out that according to the county's own bail schedule, it should be set at 

$70,000 for his client and that setting it 43 times higher is discriminatory. In the Robert Blake murder case, 

Mr. Mesereau said, he got the bail lowered to $1.5Êmillion. Then he pointed out that the county's bail is set 

at $1 million for someone accused of using weapons of mass destruction to kill.  "You cannot differentiate 

according to wealth, status or any other factor that provides for equal protection of the law under the 

constitutional standards," Mr. Mesereau said.  Senior Deputy District Attorney Ron Zonen asserted that Mr. 

Jackson is a "defendant like no other" who "faces an absolute change in lifestyle" if convicted. The $3 

million bail serves somewhat as an assurance Mr. Jackson will not abscond. As for the $70,000, "that's what 

he would spend one weekend in Las Vegas," Mr. Zonen said.  Even though both defense and prosecution 

attorneys object to the unsealing of the grand jury transcripts, Judge Melville said he would consider 

media attorney Theodore Boutrous' request to unseal at least a portion of them.  The judge directed the 

prosecution and defense teams to submit proposed versions of the transcripts for him to consider before 

the next hearing, scheduled for June 25.  The details about the seized evidence cropped up when defense 

co-counsel Steve Cochran told the judge the defense has not yet received all of the material generated by 

the prosecution's investigation.  Senior Deputy District Attorney Gordon Auchincloss maintained the 

prosecution has turned over evidence as soon as it is available.  In an attempt to meet the trial date, Judge 

Melville said providing the defense with access to the seized evidence and turning over other material is 

"the key."  A routine readiness and settlement conference has been set for Sept. 7.
http://www.newspress.com/mjacksonupdate/0529trialdate.htm

Source: Newspress.com

Lawyers press for investigation of DA, staff
By Mark Abramson 
5/28/04 

Lawyers for Solvang attorney Gary Dunlap are pressing federal, state, and county officials to investigate 

Santa Barbara County District Attorney Tom Sneddon and members of his staff for alleged misconduct.
Dunlap's Burbank attorney, Joe Freeman, sent a scathing 3-page letter to the California Attorney General's 

Office, the U.S. Attorney's Office in Los Angeles, the California State Bar, the Santa Barbara County Counsel 

and grand jury, and others, that blasted Sneddon's and some of his subordinates' conduct.  The letter was 

sent May 24, about two weeks after a federal judge upheld the bulk of Dunlap's complaint against Sneddon, 

the county, and several officials in the district attorney's office. The judge's action cleared the way for 

Dunlap to file a lawsuit against the county and Sneddon if a settlement is not reached.  U.S. Attorney's Office 

officials could not be reached for comment. The request is being reviewed by the California Attorney General's 

Office, a spokesperson said.  Dunlap filed a complaint against the county seeking $10 million in damages after 

his acquittal last June on six charges, including perjury, witness intimidation, filing false documents and 

preparing false documents. The charges were filed in connection to a criminal case in which Dunlap was the 

defense attorney. Dunlap claims he was set up by the district attorney's office and that the district attorney's 

office illegally taped conversations between him and his client.  "In my opinion, the matters to be investigated 

are the possible criminal violations of several felony and misdemeanor statutes, including conspiracy, illegal 

taping, deceiving a court and a prosecutor illegally assisting the defense of a case," Freeman wrote.
"I respectfully request that the U.S. Attorney, the California Attorney General, the Santa Barbara County 

Grand Jury and the State Bar open investigations and seek whatever sanctions are found to be warranted 

against Sneddon and his staff."  The complaint against the county named Assistant District Attorney Christie 

Schultz-Stanley; Deputy District Attorneys Kevin Duffy, Jerry McBeth, Gerald Franklin, John T. McKinnon, 

Josh Webb; and District Attorney Investigators Mary Brizzolara and Tim Rooney.  "I don't think it has any merit," 

Jake Stoddard, a county counsel attorney handling the case, said Thursday about the letter. "In (Dunlap's) 

criminal trial, he alleged outrageous government misconduct and it was denied."  Stoddard said Sneddon 

and his employees are immune from legal action on the basis of such allegations because they are prosecutors.
Staff writer Mark Abramson can be reached at 736-2313, Ext. 126, or by e-mail at mabramson@lompocrecord.com

http://www.lompocrecord.com/articles/2004/...news/news11.txt
Source: lompocrecord

Conspiracy in Michael Jackson case?
Exclusive look at group of associates surrounding singer.By Hoda Kotb
Dateline NBC

May 28, 2004
They're linked to Michael Jackson not by family or fame, although they could soon be among the best-known 

of his extended circle of friends and associates. They're the unindicted co-conspirators in the case against 

Jackson. Dateline has an exclusive inside look at this group -- and what some are saying could be behind that 

charge of conspiracy.  It began with a now famous statement in the Martin Bashir documentary last year.

Jackson: "Why can't you share your bed? The most loving thing to do is to share your bed with someone.”
It exploded into a criminal prosecution for child molestation. Now there is a bombshell charge that may 

change the course of this case: conspiracy. Prosecutors say Michael Jackson and at least five of his 

associates plotted to commit extortion, child abduction and false imprisonment. The question is, did they 

hatch a plan to keep the accuser and his family under wraps -- even scheme to ship them out of the country 

to keep them quiet?  In February 2003, when that controversial Bashir documentary launched an avalanche 

of bad publicity for Jackson, by almost all accounts the Jackson camp began to scramble to repair the 

damage to the singer's image. And new details are emerging about what happened in those critical days.
International journalist Daphne Barak has unprecedented access to Jackson's inner circle. She says in the 

days after the documentary aired some in Jackson's camp were very concerned that the boy seen holding 

the singer's hand in the documentary and his mother would become a problem.
Daphne Barak: “Two of my sources said that she is threatening to go to the tabloids.”
Hoda Kotb: “And what were they afraid, particularly afraid, that she'd talk to the tabloids about it?”
Barak: “At that point it was a huge scandal already, Michael sleeping with kids. And it was post Martin Bashir 

documentary. Everybody was discussing it. And of course, I mean, anything she went to the tabloids with 

would not be very flattering, whatever it is.”  But sources close to the accuser's family deny that. They say 

she never made that threat. In fact, several sources say it was the family who was threatened by people in 

Jackson's camp. The sources say Jackson associates actually moved the accuser's family out of their apartment 

and into Neverland ranch where they were held as virtual prisoners. They say intimidation by Jackson's people 

became a way of life.
Bill Dickerman: “It was on a daily basis or almost daily basis involving surveillance, following around with a 

video camera, near brushes with an automobile if I recall.”
Bill Dickerman is an attorney the accuser's family turned to for help. He spoke to Dateline before the judge 

issued a gag order in the case.
Dickerman: "I can't speak about what was in Jackson's and his henchmen's minds or in whoever was running 

the show. But if it were happening to me, I would expect or suspect that it was an intention to keep me quiet, 

to keep me scared, to not go to the police.”
Sources close to the accuser's family also say not only were they prevented at times from leaving Neverland, 

but there was actually a plan to fly them out of the country to Brazil. Was that also to keep them quiet?
Details of the indictment against Jackson are sealed. NBC chief legal correspondent Dan Abrams explains 

the role Jackson's five associates listed as unindicted co-conspirators might have played.
Abrams: “It seems pretty clear that prosecutors are saying that these five conspired with Michael Jackson 

to prevent the child and his mother from going to certain places, that they conspired to take certain 

property from them by force or fear. But remember, the five aren't actually charged. It's just Michael Jackson 

who's charged.”
So who are the five unindicted co-conspirators? According to sources they are Dieter Wiesner, a former

business manager now living in Germany; Ronald Konitzer, a one-time Jackson financial advisor who lives 

in Canada; Mark Schaffel, a producer of pornographic films and a Jackson charity concert; Frank Tyson, a 

former personal assistant; and Vinnie Amen, caught on camera by the TV show “Celebrity Justice,” used to 

work at Jackson's production company.  Attorney Joe Tacopina, who represents Tyson and Amen, says his 

clients never intimidated anybody.
Tacopina: "Frank never threatened anyone in that family. The guy's about 5'5", 130 pounds. You know, 

sweetheart, intelligent, soft and gentle, not someone who's prone to be a tough guy."
And what about that planned trip to South America the accuser's family says it never wanted to take?
Kotb: “Some are contending that hey, we want to shut that family up so let's get them out of the country and 

send them off to Brazil.”
Tacopina: “That's just not true. The mother wanted to take her family away to Brazil for a whole host of 

reasons including just getting away for a while.”
The other three alleged co-conspirators also deny any wrong doing. One of them, Jackson's former business 

manager, Dieter Wiesner spoke about it for the first time on camera with Barak.
Barak: “You found out a few days ago that there might be legal complications for you.”
Deiter Wiesner: “I'm really not scared, really not, at all.”
Barak: “But were you surprised?”
Wiesner: “Yeah, of course, of course surprised.”
Barak: “Is that the most difficult time for you recently?”
Wiesner: “No, I'm not scared. I did nothing wrong. Why I should be scared?”
Barak: “But I'm sure you're not comfortable with this.”
Wiesner: “No. Nobody can be comfortable with things like this.”
Jackson isn't talking, but has pleaded not guilty to all charges. His father, Joe Jackson, is talking along with 

his own newly hired attorney Deborah Opri.
Deborah Opri: “Just because there are conspirators or alleged conspirators doesn’t make Michael Jackson 

part of the conspiracy.”
Joe Jackson: “Michael doesn't know anything about a conspiracy. He's never done anything wrong at all.”
But these new charges may represent a major shift in the case, and could reveal part of the prosecution's 

strategy.
Kotb: “So is the goal here then to get those five to sort of flip on Michael Jackson? To tell everything about it?”

Abrams: “Yeah. The fact that those five remain unindicted and that Michael Jackson has been indicted, you’ve 

got to believe that the prosecutors would love to get one of them to come forward and say, here's the deal, 

here's how it happened."
Kotb: “Is it easier for the prosecution to prove the conspiracy charge against Michael Jackson or is it easier 

to prove lewd and lascivious charges?”
Abrams: “I think it would generally be easier to prove the conspiracy but more importantly it allows them to 

bring in a whole host of other types of witnesses, when you are talking about the lewd and lascivious acts 

they have to prove that Michael Jackson did x, y or z to the boy.”
Kotb: “It's a he-said, he-said.”
Abrams: “Exactly.”
In the end prosecutors could be increasing their odds, opening two fronts against Jackson, charging him with the crime and now the conspiracy.
http://msnbc.msn.com/id/5086620/

Tentative Trial Date Set For Michael Jackson
Arguments To Begin On Sept. 13
SANTA MARIA, Calif. (AP) The judge in the Michael Jackson molestation case set a tentative trial date for 

Sept. 13 and heard arguments on whether to reduce Jackson's bail but didn't issue an immediate ruling.
Jackson wasn't in court and few fans turned out for the hearing.  Jackson's defense attorney Thomas 

Mesereau Jr. objected to setting the trial date, saying the prosecution had not presented the defense all 

the evidence in the case.  Mesereau said prosecutors have discussed forensic testing but did not disclose 

what was being tested or the manner of testing so the defense could decide whether it considers the tests 

valid.  Superior Court Judge Rodney S. Melville said he understood the trial date might be changed but 

wanted to set "a bull's-eye that we're shooting at here."  "Somebody has to say, 'This is the goal, this is where 

we're going,"' he said.  In arguing for the lowering of Jackson's $3 million bail, Mesereau noted his client's 

charitable contributions, lack of criminal record and substantial non-moveable assets in Santa Barbara 

County, including his Neverland Ranch.  He said the severity of the alleged crime coupled with bail 

precedents for other crimes suggest Jackson's bail should be $435,000 at most.  Deputy District Attorney 

Ron Zonen noted that bail for a criminal defendant usually is many times greater than his total assets. He 

noted that Jackson is a self-declared billionaire and his bail amounted to only three one-thousandths of his 

assets.  Zonen said the bail amount was "roughly comparable to what he would spend in a weekend in Las 

Vegas."  The prosecution has said in court documents that a large bail amount was necessary to be sure 

Jackson does not flee the country.  "Mr. Jackson is known and adored -- 'adored' is not too strong a word

 -- in many of the countries of Europe, the Near East and Africa," the prosecution said in a motion made 

available Sunday. "Several of those countries do not have extradition treaties with the United States."
Jackson, 45, has pleaded not guilty to committing a lewd act upon a child, administering an intoxicating 

agent, alcohol, and conspiracy to commit child abduction, false imprisonment and extortion.  The judge 

turned down a defense request to order prosecutors to turn over evidence. Melville said the requirements 

were already spelled out in state statutes.  In a motion made public Thursday, the defense demanded access

 to hundreds of items seized by prosecutors and interview transcripts with dozens of witnesses.  Deputy 

District Attorney Gordon Auckenglos said Friday the prosecution has already turned over almost all of its 

evidence, including 2,202 pages of reports, 69 audio tapes, two video tapes and one CD-ROM of photographs.
He said the defense would receive nearly all of the rest of the evidence in the next few days.  "Next week, 

the pipeline will be essentially empty," Auckenglos said. He disclosed there are nine pieces of physical 

evidence that still need to undergo forensic testing but did not describe the items.  Jackson attorney Steve 

Cochran complained that the prosecution had not responded fast enough to a request for evidence. More 

evidence came into play when the grand jury indictment unsealed April 30 added a conspiracy charge, he 

said.  "The indictment substantially broadens the case," Cochran said, adding there could now be as many 

as 100 witnesses.  The judge suggested that the defense would have the opportunity to view the items that 

need to undergo forensic testing in the presence of a law enforcement officer. He said the defense could 

be given enough space to talk about the evidence without being overheard by the officer, and that the 

officer would be barred from talking to prosecutors about anything that may be overheard.  On another 

matter, the judge scolded prosecutors for submitting a motion Thursday that included the names of 

potential witnesses without requesting the document be filed under seal.  "I do not think you are taking my 

order for sealing as seriously as I am making it," Melville said.  In other matters, the judge decided not to 

publicly release the transcript of grand jury testimony or the full indictment. Before the indictment was 

released last month, Melville excised the names of five alleged unindicted coconspirators as well as 28 

overt acts that prosecutors contend are incriminating. The judge set a June 25 hearing on the transcripts 

issue.  Jackson attorney Robert Sanger said the defense does not want the indictment to remain sealed 

until trial but wants the opportunity to manage the way it is released to avoid "a firestorm of press attention.

" He said it should be done in "a measured way" but did specify how that might take place.  Also, the judge said 

he would not unseal a prosecution motion asking that a person be held in contempt of court. A redacted 

version has been released without identifying anyone. The ruling came even though media attorney Theodore 

Boutrous noted the person has been on television and that many people know who the person is.  Attorney 

Joseph Tacopina, who represents two former Jackson employees, said he believes from news reports and 

conversations with law enforcement officials that the grand jury will indict his clients, Vincent Amen and 

Frank Tyson. He refused to let them appear before the grand jury because he thought the proceedings would 

be unfair, he said.  Tyson, 23, was Jackson's personal assistant. Tacopina said he believes prosecutors might 

accuse him of threatening to kill the younger brother of Jackson's alleged victim if he told authorities 

Jackson had given the boy alcohol.  He said prosecutors may accuse Amen, 24, who worked for Jackson's 

production company, of holding the family at Jackson's Neverland estate against their will.
http://kutv.com/topstories/topstories_story_149144548.html

Tentative Trial Date Set for Jackson Case
By TIM MOLLOY
Associated Press Writer
SANTA MARIA, Calif. (AP) -- The judge in the Michael Jackson child-molestation case Friday set a tentative trial 

date of Sept. 13 over the objection of the pop star's lawyer. The defense also asked that Jackson's $3 million 

bail be lowered.  Jackson was not in court, and few fans turned out for the hearing.  Defense attorney Thomas 

Mesereau Jr. objected to setting a trial date, saying the prosecution had not given the defense all evidence in 

the case.  Superior Court Judge Rodney S. Melville said he understood the date might be changed but wanted 

to set "a bull's-eye that we're shooting at here."

The judge did not immediately rule on the bail request.

In arguing for a reduction, Mesereau cited his client's charitable contributions and lack of criminal record, and said precedents suggest the amount should be $435,000 at most.

Prosecutors oppose a reduction, saying Jackson might flee the country.

Deputy District Attorney Ron Zonen called Jackson's bail "roughly comparable to what he would spend in a weekend in Las Vegas," and noted that the pop star is a self-declared billionaire.

"Mr. Jackson is known and adored - `adored' is not too strong a word - in many of the countries of Europe, the Near East and Africa," the prosecution said in court papers made available Sunday. "Several of those countries do not have extradition treaties with the United States."

Jackson, 45, is charged with committing a lewd act upon a child, administering an intoxicating agent, alcohol, and conspiring to commit child abduction, false imprisonment and extortion.

In other matters Friday:

- The judge decided not to release the full indictment or grand jury testimony, as requested by news organizations including The Associated Press. Melville excised the names of five alleged unindicted coconspirators from the indictment as well as 28 acts that prosecutors contend are incriminating. The judge set a June 25 hearing on the grand jury transcripts.

- The judge said a defense request to order prosecutors to turn over evidence was not necessary. In court papers made public Thursday, the defense demanded access to hundreds of items seized by prosecutors. Prosecutors said they have already turned over almost all the evidence, including 2,202 pages of reports, 69 audio tapes, two videotapes and one CD-ROM of photographs.

© 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://customwire.ap.org/dynamic/stories/M...EMPLATE=DEFAULT

Tentative Trial Date Set for Jackson Case

12 minutes ago

By TIM MOLLOY, Associated Press Writer

SANTA MARIA, Calif. - The judge in the Michael Jackson (news) molestation case set a tentative trial date of Sept. 13 and heard arguments on whether to reduce the pop star's bail but didn't issue an immediate ruling.


AP Photo


AFP
Slideshow: Michael Jackson




Jackson wasn't in court, and few fans turned out for the hearing.


Jackson's defense attorney Thomas Mesereau Jr. objected to setting the trial date, saying the prosecution had not given the defense all evidence in the case.


Mesereau said prosecutors have discussed forensic testing but did not disclose what was being tested or the manner of testing so the defense could decide whether it considers the tests valid.


Superior Court Judge Rodney S. Melville said he understood the trial date might be changed but wanted to set "a bull's-eye that we're shooting at here."


"Somebody has to say, 'This is the goal, this is where we're going,'" he said.


In arguing for the lowering of Jackson's $3 million bail, Mesereau noted his client's charitable contributions, lack of criminal record and substantial non-moveable assets in Santa Barbara County, including his Neverland Ranch.


He said the severity of the alleged crime coupled with bail precedents for other crimes suggest Jackson's bail should be $435,000 at most.


Deputy District Attorney Ron Zonen noted that bail for a criminal defendant usually is many times greater than his total assets. He noted that Jackson is a self-declared billionaire and his bail amounted to only three-thousandths of his assets.


Zonen said the bail amount was "roughly comparable to what he would spend in a weekend in Las Vegas."


The prosecution has said in court documents that a large bail amount was necessary to be sure Jackson does not flee the country.


"Mr. Jackson is known and adored — 'adored' is not too strong a word — in many of the countries of Europe, the Near East and Africa," the prosecution said in a motion made available Sunday. "Several of those countries do not have extradition treaties with the United States."


Jackson, 45, has pleaded not guilty to committing a lewd act upon a child, administering an intoxicating agent, alcohol, and conspiring to commit child abduction, false imprisonment and extortion.


Jackson's bail was among several issues being considered at the hearing.


_ Lawyers representing news organizations, including The Associated Press, were set to argue to unseal the entire grand jury indictment. Melville excised from the indictment the names of five alleged unindicted coconspirators as well as 28 overt acts that prosecutors contend are incriminating.


_The defense wants access to about 400 items seized by prosecutors and interview transcripts with dozens of witnesses. The motion, made public Thursday, asked the judge to intervene to make sure the defendants are allowed to fully examine the evidence.


_The prosecution wants to keep sealed a mysterious motion accusing someone in the case of contempt of court. A redacted version has been released without identifying anyone.





Attorney Joseph Tacopina, who represents two former Jackson employees, said he believes from news reports and conversations with law enforcement officials that the grand jury will indict his clients, Vincent Amen and Frank Tyson. He refused to let them appear before the grand jury because he thought the proceedings would be unfair, he said.

Tyson, 23, was Jackson's personal assistant. Tacopina said he believes prosecutors might accuse him of threatening to kill the younger brother of Jackson's alleged victim if he told authorities Jackson had given the boy alcohol.

He said prosecutors may accuse Amen, 24, who worked for Jackson's production company, of holding the family at Jackson's Neverland estate against their will.

http://story.news.yahoo.com/news?tmpl=stor...michael_jackson

Never-Leave Land?

May 27, 2004



Only "CJ" has learned that prosecutors will present evidence that Michael Jackson turned his 2,800-acre estate into a prison for the boy accusing him of molestation and his family. Sources connected with the case say the guard shack at Neverland literally had signs warning security personnel that the family was not to be allowed to leave the ranch, which is several miles from the nearest town.

This is just one the explosive allegations behind the indictment's conspiracy charge, claiming Jackson conspired to commit child abduction, false imprisonment and extortion through 28 overt acts.

There is a counter-argument being made by Jackson's former employees, Frank Tyson and Vinnie Amen. We know the indictment names them as co-conspirators with Jackson, though they've not been charged. Sources close to the two young men insist the family willingly went to Taco Bell with them while on a shopping spree for a planned trip to Brazil.

The Brazil trip is crucial. We know that prosecutors showed passports and plane tickets to the secret grand jury as evidence that Jackson's co-conspirators planned to whisk the family to Brazil for good.

But Amen and Tyson counter that the accuser's mother was more than willing to go -- she even bought bikinis to wear on the beaches of Brazil and suntan lotion to get a tan. And we know Vinnie and Frank even kept the receipts. Authorities, however, claim the Brazil trip was the end game in a sinister plot.

Back in February, "CJ" spoke to the manager of the modest East L.A. apartment building where the family lived before the scandal broke. Yolanda La Salde told "CJ" that Santa Barbara detectives visited her and showed her photos, seeking to identify the mysterious young man who paid the family's back rent and gave her a note purportedly signed by the mother surrendering the apartment.

Prosecutors say by getting rid of the apartment, taking possession of their belongings, and moving them to Neverland, Jackson left the financially-strapped family homeless and at his mercy.

Jackson's spokeswoman says the gag order prohibits her from commenting and that Jackson's side will do its talking in court, adding Jackson is innocent and expects to be exonerated.

http://celebrityjustice.warnerbros.com/news/0405/27b.html

http://abcnews.go.com/sections/GMA/Enterta...s_040528-4.html

New Revelations

Sources Say Prosecutors Have Independent Witnesses on Alcohol Claims; Family Believes Geragos Played Role in Alleged Harassment

May 28, 2004 — Prosecutors in the child molestation case against Michael Jackson plan to use three independent witnesses to support the allegation that the entertainer gave alcohol to his alleged victim and the boy's siblings, ABC News has learned.

In addition, ABC News has learned that relatives of the alleged victim believe that Mark Geragos, Jackson's high-profile former defense attorney in the case, played a role in an alleged conspiracy to harass and intimidate the family. Last month, a grand jury charged Jackson not only with child molestation but with conspiracy.

Jackson, 45, has pleaded not guilty to 10 charges that include: felony conspiracy with 28 overt acts involving child abduction, false imprisonment, extortion; committing lewd acts upon a child; attempting to commit a lewd act; and administering an intoxicating agent to a child. The alleged victim in the case is believed to be a cancer survivor, now 14 years old, who spent time at Jackson's Neverland ranch and appeared in the British documentary Living With Michael Jackson, which was broadcast on ABC last year.

Alcohol Allegations Detailed

According to sources, two stewardesses say Jackson asked them to serve him alcohol in Coca-Cola cans on a private plane whose passengers included Jackson, and the alleged victim and his younger brother. Sources say the alleged victim claims the "King of Pop" then gave him alcohol out of those cans.

In addition, sources told ABC News, a security guard for Jackson says he saw the alleged victim drunk and stumbling around Neverland, near the area where Jackson stores his liquor. However, the guard says Jackson was not present when he saw the boy intoxicated.

Sources also tell ABC News that the family of the alleged victim says that Jackson gave the boy, his younger brother and older sister liquor far more often than previously claimed. The alleged victim was so drunk during two of the four occasions Jackson is accused of abusing him that he passed out in the pop legend's bed, the younger brother told psychologist Stan Katz. His conversation with Dr. Katz was detailed in police reports. As for the alleged abuse, sources tell ABC News that prosecutors apparently have no physical evidence of the abuse and that the alleged victim and his brother have been vague about dates of alleged miscoinduct.

The Alleged Urine Cover-Up

The alleged victim's family says Jackson and his staff did not want his alleged serving of alcohol to be uncovered, sources familiar with the case told ABC News. According to those sources, the family says that when the boy's cancer physician ordered a urine test, the Jackson camp was afraid it would reveal the alcohol in his system and asked the alleged victim's mother to cancel the doctor's appointment, but she refused.

According to sources, the family says a Jackson aide offered to drive the boy and his family — with the urine sample — to the doctor's appointment. The family says they made a stop on the way to the doctor's office, and the urine sample disappeared. The Jackson aide, they say, claimed the sample fell over.

However, the Jackson aide denies the entire story, sources close to the case told ABC News.

Was Geragos Involved in Alleged Harassment?

The conspiracy charges against Jackson are rooted in allegations that Jackson and his associates harassed and tried to intimidate his alleged victim's family because they were worried about what the family might say to authorities.

Sources familiar with the case told ABC News that the family believes that Geragos was involved in the alleged harassment. According to the indictment against Jackson, the alleged conspiracy began on Feb. 1, 2003, days after Living With Michael Jackson was first broadcast in London. Critics questioned his relationship with the boy who appeared to be holding hands with him in the documentary. The Los Angeles County Department of Children and Family Services launched an investigation into allegations of abuse.

Geragos was hired by Jackson at that time. He has said publicly that he put a "plan of action" into place to protect Jackson against what he called the "baseless" suggestions that Jackson had sexually abused the young boy.

Letters of Complaint

According to sources, the family of the alleged victim claims that for nearly two months they were watched and their activities were closely monitored by Jackson aides and a private investigator for Geragos. In a letter to Geragos obtained by ABC News, dated March 26, 2003, William Dickerman, a lawyer for the family at the time, complains that the family was being "relentlessly hounded and harassed" by Jackson and his associates.

The family's now-former lawyer alleges in the letter that Jackson and his associates had been "surveilling and photographing the children's school … throwing rocks at [the mother's] parents home … leaving disturbing notes … and stalking the family by auto and otherwise. … "

In another letter to Geragos dated April 8, 2003, Dickerman says, "Jackson's harassment of my clients has not ceased, despite my demand that you call off the dogs." The letter to Geragos also said the alleged victim's mother "tells me that while she was at Neverland, Jackson's people said they were acting pursuant to your instructions. Obviously therefore you are fully aware of what has been going on between Jackson and my clients."

Jackson replaced Geragos with a new defense team last month, just before the grand jury returned its charges against Jackson. Geragos has not been criminally charged with conspiracy in the case. Geragos told ABC News' Cynthia McFadden that he wanted to respond to the family's allegations but he could not because he is still bound to the judge's gag order.

In an interview with McFadden in January, before the gag order was imposed, Geragos said that neither he nor anyone else had harassed or intimidated the alleged victim or his family in any way. He said any suggestion that he had played any role in trying to silence the alleged victim and his family was absolutely ludicrous.

Associates of Jackson also deny that there was a conspiracy to harass the family.

Revelations Amid a Scheduled Court Date

These revelations come as hearing is scheduled today in Santa Barbara Superior Court where Michael Jackson's defense team is expected to argue for the reduction of his $3 million bail.

They argue that it is excessive and violates Santa Barbara County standards for bail on child molestation and conspiracy charges. Prosecutors have objected, saying Jackson might flee the country. Jackson, who remains free on bond, is not expected to be in court today.

Reported by ABC News' Cynthia McFadden on Good Morning America.

ttp://news.newspress.com/topsports/052804jackson.htm

Lawyers: Jackson flight 'impossible'

5/28/04
By SCOTT HADLY

NEWS-PRESS SENIOR WRITER

Entertainer Michael Jackson won't skip bail, his attorneys said in court papers filed this week, because doing so would threaten his multimillion-dollar business enterprise far worse than any prison sentence.

At a court hearing today in Santa Maria, Mr. Jackson's attorneys will argue that the singer's $3 million bail is excessive and unreasonable. The amount is 43 times what is called for in the bail schedule for those charged with similar crimes.

In a cutting legal brief, the pop star's attorneys said "Mr. Jackson's financial circumstances, property holdings in this county, family ties, 30 employees and 17 years of residence in this community make his flight virtually impossible."


And later they say, "The financial loss Mr. Jackson faces should he flee is so severe that the jail sentence involved is not the paramount concern he faces."


If he were to flee, he would not only lose his income from record royalties, but he wouldn't be able to make payments on the mortgage for his 2,000-acre Neverland Valley Ranch in Los Olivos.

"That loss would amount to more than $70,000,000," which makes the size of a bail bond pale in comparison, according to a declaration by Brian Oxman, one of Mr. Jackson's attorneys who has a long association with the entertainer and his family.

The brief also blasts the prosecutor's case.

"Michael Jackson, a man with no criminal record and a reputation for contributing to social and humane cause worldwide, has been falsely accused of various acts of child molestation and conspiracy to falsely imprison, abduct and extort," the brief begins. "The charges are outrageous and not supported by competent, credible evidence. Anyone who knows Mr. Jackson quite properly mocks and ridicules these outrageous allegations."


Last month, a criminal grand jury handed down an indictment against Mr. Jackson that included allegations of lewd conduct, administering alcohol to commit molestation and conspiracy to commit child abduction, false imprisonment and extortion.

Mr. Jackson has pleaded not guilty.

Prosecutors have argued that Mr. Jackson is a "flight risk" because his wealth and stature could allow him to flee to a country that does not have an extradition treaty with the United States.

"As the day of trial approaches and Mr. Jackson makes a hard-headed assessment of his chances for an acquittal and ponders the unhappy but inevitable consequences of a conviction, he may well conclude that life as a wealthy absconder in one of those countries is preferable to what might amount to a life term in a California prison," prosecutors said.

But Mr. Jackson's defense attorneys said prosecutors never established any evidence of Mr. Jackson's financial situation. In addition, they argue that it is Mr. Jackson's financial holdings and business that guarantee he will stay to fight the charges.

http://www.santamariatimes.com/articles/20...raffic/9000.txt

Friday, May 28, 2004

Costs for Jackson case continue to grow
By Quintin Cushner/Staff Writer


Santa Barbara County likely will spend $40,000 for security and maintenance during today's hearing in the Michael Jackson child-molestation case, bringing the total expense of the proceedings to about $410,000.

Today's costs will go mostly toward salaries for sheriff's deputies and two general services staff members responsible for the courthouse grounds, according to Jason Stilwell, projects manager with the county administrator's office.


The total expenses calculated so far only include money spent during hearing dates in the case, and do not include costs of investigating Jackson or conducting a grand jury proceeding against him, Stilwell said.

To help offset some costs, a coalition of media outlets have contributed about $62,250 to the county, Stilwell said, and are currently agreeing to donate $7,500 to the county for each court date in the case.

Though the money spent so far on the Jackson case is significant, the county will likely face much larger expenses in the event of a trial, Stilwell said. With this in mind, the county is exploring whether it can receive assistance from the state of California at that time, he said.

In a previous hearing, Superior Court Judge Rodney Melville expressed his wish to start the trial by the end of 2004, but that was before a grand jury indictment in the case, a change of defense attorneys for Jackson and complaints by the defense that prosecutors have been slow in sharing evidence.

Jackson, 45, has pleaded not guilty to engaging in lewd acts with an unnamed boy under the age of 14 on four occasions between Feb. 7 and March 20, 2003, and four counts of

"administering an intoxicating agent" - reportedly wine - to help him with the alleged molestations.

He also has pleaded not guilty to a conspiracy charge involving child abduction, false imprisonment and extortion and a count of attempted child molestation.

The pop singer, who is not expected to attend today's hearing, owns the 2,700-acre Neverland Ranch near Los Olivos, where the incidents allegedly occurred.

During today's hearing, several hot-button pretrial motions will be discussed, including defense arguments for a reduction in the singer's $3 million bail and for better access to evidence. Also today, a tentative trial date may be set, and the judge will consider several media requests to unseal the grand jury indictment and transcripts.

Outside the courtroom, less than 50 fans are expected to attend, a contrast to the 1,000 or so that have been present when Jackson has appeared in person, according to Darrel Parker, assistant executive officer of the Santa Barbara County Superior Court.

About 100 media personnel are expected at the event, Parker said.

Members of the general public who wish to attend the hearing are advised to show up about 6 a.m. today with valid photo identification, Parker said.

Security at the hearing is expected to be muted compared to the masses of police officers and extensive fencing present during Jackson's last appearance on April 30.

On Thursday, two rows of bicycle-rack-style barricades were set up at the courthouse. One appeared to be a sort of holding pen for the media and another row was arranged to keep fans out of the parking lot along Miller Street where the lawyers will arrive this morning.

Only about 25 law enforcement officers are expected at the hearing, Parker said, noting that most will be bailiffs who are off today because of a mandated court-furlough day.

Santa Maria Police Chief Danny Macagni said he plans to send only three officers to the courthouse because he's guessing it will be an uneventful day.

So far, the city has spent $11,000 in overtime during the two times Jackson has been present at his criminal case, according to Macagni. The department also purchased $15,000 worth of metal barricades that will be used during the Jackson proceedings, Macagni said.

Jackson supporter and Santa Maria resident Tracee Renaud said she and about a dozen fans plan to stand outside the courthouse.

Victim's rights activist Sofia Hollum, also of Santa Maria, will attend the hearing in support of Jackson's accuser.

If the pattern of scheduling hearings on furlough days holds, the next court date in the case after today will be June 25.

* Staff writer Quintin Cushner can be reached at 739-2217 or by e-mail at qcushner@pulitzer.net.

May 28, 2004

Michael Jackson trial judge pushes for earlier date

By William Overend

LOS ANGELES TIMES

5/28/04
SANTA MARIA - While Michael Jackson's new lawyer says it will take months just to sort through evidence that the prosecution still has not turned over to the defense, the judge presiding over Jackson's child molestation case has decided to push harder for an early trial.

Santa Barbara County Superior Court Judge Rodney Melville has ordered a trial-setting conference for a hearing today in which Jackson's lawyers also will be arguing for a reduction in the pop star's $3 million bail and seeking an order to force prosecutors to move faster in sharing evidence.

Melville said early in the proceedings that he hoped an actual trial could begin before the end of this year, but legal experts and many criminal lawyers have predicted that would be impossible. Melville has made it clear that he will have little patience with stalling tactics.

Jackson will not be attending today's hearing, court sources have indicated. As a result, security officials are expecting only a small turnout of Jackson fans.

In accusing the prosecution of moving too slowly in giving the defense access to the evidence in the case, as required by law, attorney Thomas Mesereau Jr. and Jackson's other lawyers said the entertainer's right to a fair trial is "jeopardized by the undue delay of discovery" in the case.

"The investigation of this case involves dozens of, if not over 100 witnesses, voluminous documents and expert examination on a variety of topics," Jackson's lawyers wrote. "The defense needs ample time to conduct follow-up witness interviews, locate and interview rebuttal witnesses and conduct its own forensic examinations, among other things."

Prosecutors have responded that they have turned over vast amounts of evidence already and are processing the information they have as quickly as possible. They also are strongly resisting an attempt by Mesereau to substantially reduce Jackson's bail.

The bail-reduction request notes that Jackson has no prior record or arrests or conviction and has fully complied with all conditions of his release on bail, including attending court when ordered.

"Mr. Jackson's ties to this community are substantial," the defense motion states. "The record reveals that Mr. Jackson is not a flight risk or a danger to the community. It is also apparent that Mr. Jackson intends to confront and vigorously defend rather than evade the allegations in this case."

While Mesereau noted that Santa Barbara County's bail schedule calls for bail of about $135,000 for the conspiracy and molestation charges in the grand jury complaint, prosecutors are opposing the request on grounds that Jackson is a flight risk and that his wealth should be a factor in retaining high bail.

In addition to the bail and discovery issues, Melville also will hear today from media organizations seeking public release of sealed grand jury transcripts and other documents.

On another legal front, the mother of the alleged victim in the Jackson case filed a claim against Los Angeles County child protection officials Tuesday, accusing them of moving too slowly in investigating leaks to media helpful to Jackson's defense.

Before a psychiatrist who had examined the boy told Santa Barbara County officials that the child had been molested, Los Angeles County child welfare officials had interviewed the boy and his family after a 2003 television broadcast showing Jackson and the boy holding hands.

A memo written after Jackson's arrest in November said the boy and other family members had denied any sexual abuse. The memo was subsequently released on a Web site.

Attorney Larry Feldman, representing the mother and the boy, said he filed the claim, a necessary step before a lawsuit, to force Los Angeles County officials to speedily conclude their investigation to ensure that such a breach of confidentiality "will never occur again to another innocent child."

Responding to the claim, Dr. David Sanders, director of the Los Angeles County Department of Children and Family Services, said an "aggressive" investigation into the leak is continuing.

http://www.contracostatimes.com/mld/cctime.../8782245.htm?1c

http://www.santamariatimes.com/articles/20...ocal/news03.txt

Hot-button issues to come at Friday hearing
By Quintin Cushner/Staff Writer


Friday's hearing in the Michael Jackson child-molestation case could feature some contentious moments as the defense argues for a reduction in the singer's bail and for better access to evidence.

A grand jury indicted the singer on April 21, charging him with 10 felony counts involving the alleged abuse of a Los Angeles County boy, referred to as "John Doe."

Jackson, 45, has pleaded not guilty to engaging in lewd acts with the boy on four occasions between Feb. 7 and March 20, 2003, and four counts of "administering an intoxicating agent" - reportedly wine - to help him with the alleged molestations.

He also has pleaded not guilty to a conspiracy charge involving child abduction, false imprisonment and extortion and a count of attempted child molestation.

The pop singer, who will not appear at Friday's hearing, owns the 2,700 acre Neverland Ranch near Los Olivos, where the incidents allegedly occurred.

On Friday, lead defense lawyer Thomas Mesereau, Jr. - assisted by attorneys Steve Cochran, Robert Sanger and Susan Yu - is expected to argue that the $3 million bail Jackson posted when he was arrested in November is too high relative to the severity of the charges he faces.

District Attorney Tom Sneddon - who is leading the prosecution with help from senior deputy district attorneys Gerald Franklin, Ron Zonen and Gordon Auchincloss - has argued that a reduction in bail could serve as incentive for Jackson to flee the country. That act would likely prove difficult, however, given that Jackson has surrendered his passport to authorities.

Also up for discussion Friday is a defense motion asking that Superior Court Judge Rodney Melville force the prosecution to share "discovery" of evidence in the case, including dozens of witness statements and more than 300 items seized during searches of Jackson's home and property of his associates.

"The prosecution has found the time and effort necessary to prepare for grand jury proceedings, conduct ongoing witness interviews and monitor forensic examination of seized items at the expense of providing timely discovery as the law requires," the defense argued in the motion. "The failure to complete discovery is inexcusable."

Prosecutors filed a motion refuting the defense, insisting that they have complied with all discovery laws and noting their problems with a request for unsupervised access to physical evidence. They also claimed to have turned over more than 1,000 pages of discovery and more than 50 audio and video tapes, and expressed frustration that the defense chose not to handle its concerns informally.

In its motion, the prosecution also acknowledged that "the scope of the investigation in this case is extraordinary and there is little doubt that investigation will continue through trial."

A tentative trial start date in the case may also be set on Friday. In a previous hearing, Santa Maria Superior Court Judge Rodney Melville expressed his wish to start the trial by the end of the year, though that was before the grand jury indictment and the raising of the discovery issue.

The prosecution's request to seal a motion asking to hold an unidentified person in contempt and to seal two search warrants will also be considered on Friday.

Also, Attorney Theodore Boutrous, Jr., who is representing a coalition of media organizations, will argue for the unsealing of the grand jury indictment and transcripts, which is opposed by both the defense and prosecution.

"Mr. Jackson and the District Attorney have fundamentally misunderstood the traditional role of the press, and subverted the First Amendment and California law," Boutrous wrote in a motion filed Wednesday. "Their specious arguments should be rejected, and the grand jury indictment and transcripts should be unsealed immediately."

May 27, 2004

http://comm.newspress.com/npcommerce/regis...052704media.htm

Media attorney: Requirements not met for sealing transcripts
5/27/04
By DAWN HOBBS

NEWS-PRESS STAFF WRITER


Prosecutors and defense lawyers in the case against Michael Jackson failed to meet legal requirements to seal transcripts of secret grand jury proceedings that led to an indictment against the entertainer, according to documents filed by media attorneys on Wednesday.

Theodore Boutrous, who represents several media outlets, asserts the attorneys have "flouted and completely ignored those standards," which require they prove the material would pollute the jury pool and that there are no less restrictive means available, before the documents are sealed.

"Instead, Mr. Jackson's (lawyers) and the District Attorney resort to media bashing," stated Mr. Boutrous, who wants them unsealed. "They act as though press coverage of the official proceedings . . . is itself an evil that must be prevented rather than constitutionally protected. . . . Remarkably, Mr. Jackson's (lawyers) and the District Attorney do not cite a single case or statute."


The documents give a preview to the fireworks that may erupt on several issues at a hearing scheduled for Friday in Santa Maria.

In addition to hearing arguments from all sides on whether the grand jury transcripts should remain sealed, Superior Court Judge Rodney Melville will also consider defense requests to order District Attorney Tom Sneddon to turn over potential evidence he's collected and to lower Mr. Jackson's bail.

Mr. Jackson pleaded not guilty April 30 to the charges from the indictment -- four counts of lewd acts, four counts of administering alcohol to commit molestation, one count of attempting a lewd act and one count of conspiracy.

Prosecutors agree with the defense that the transcripts should remain sealed, stating that potential jurors should learn about the case in the courtroom, not through the media.

Mr. Boutrous will argue Friday that keeping the documents secret undermines the public's trust in its legal system.

"The press acts as a surrogate for the public in covering criminal proceedings. . . . In short, Mr. Jackson's (lawyers) and the District Attorney have fundamentally misunderstood the traditional role of the press," he stated, "and subverted the First Amendment and California law."


As for the lower bail, defense lawyers argue that the bail schedule provides that for the crimes with which Mr. Jackson has been charged, bail should be $135,000 -- not the $3 million that has been set. Prosecutors insist he's a flight risk because he is an international celebrity.

Prosecutors stated: He's "a man whose lifestyle to date would not have prepared him to adapt readily to a prison environment and routine, and whose physical stature will present its own problems for him in making the necessary adjustments."

http://news.newspress.com/topsports/052604jacksoncase.htm

Jackson's defense argues for material

5/26/04
By DAWN HOBBS

NEWS-PRESS STAFF WRITER

Documents released late Tuesday in the child molestation case against Michael Jackson showed the scope of the prosecution's case, which involves more than a hundred witnesses, thousands of pages of documents and more than 300 seized items.

The prosecution's wide net was detailed in documents filed by lead defense lawyer Thomas Mesereau, who wants Superior Court Judge Rodney Melville to order prosecutors to provide material they have withheld.

Mr. Mesereau claims the prosecution has turned over so little information in the case that it compromises Mr. Jackson's right to a fair trial.

The documents give a preview of the fireworks that may erupt between the defense and prosecution teams at Friday's hearing in Santa Maria.

"The investigation of this case involves dozens of, if not over 100, witnesses, voluminous documents and expert examination on a variety of topics," states the defense demand for material.

The motion does not specify what the evidence is nor whether it would be admissible at the time of trial.

On Friday, Judge Melville will consider defense requests to order District Attorney Tom Sneddon turn over the material and to lower Mr. Jackson's bail. The judge will also consider requests by both sides to keep grand jury transcripts sealed and media attorney Theodore Boutrous' argument to make the documents public.

Last month -- after 12 days of testimony from 25 witnesses and 16 police officers -- Mr. Jackson was indicted on 10 counts, including lewd acts, administering alcohol to commit molestation and conspiracy. Mr. Jackson pleaded not guilty to all charges on April 30.

". . . The prosecution has found the time and effort necessary to prepare for grand jury proceedings, conduct ongoing witness interviews and monitor forensic examination of seized items at the expense of providing timely (potential evidence) as the law requires," states the defense motion, which calls it "inexcusable."


Initially, Mr. Mesereau, with co-counsels Robert Sanger, Steve Cochran and Susan Yu, filed under seal the request for prosecution material and lower bail. After Mr. Boutrous objected, Judge Melville ordered the documents be made public.

The motion indicates that so far, defense lawyers have received three waves of material from the prosecution team, which includes Mr. Sneddon and Senior Deputy District Attorneys Ron Zonen, Gordon Auchincloss and Gerald Franklin.

The first two sets, provided Jan. 16 and Feb. 10, totaled about 850 pages of police reports and summaries of witness interviews. The third set, provided March 12, consisted of nearly 300 pages of reports, 51 audiocassette tapes, two videotapes and other material.

On Feb. 18, the defense asked to review the items seized during raids. "The prosecution has not responded to this request in writing. Rather, it has represented that the seized items are unavailable due to ongoing forensic examination."


The defense lawyers stated they need ample time "to conduct follow-up witness interviews, locate and interview rebuttal witnesses and conduct its own forensic examinations. This process will take months."


Judge Melville has indicated he wants the Jackson case to go to trial by the end of the year. To properly prepare for trial, the defense needs all of the material. Otherwise, the defense stated, "Mr. Jackson's right to a fair trial is jeopardized."

Michael Jackson's lawyers slam prosecution for dragging its feet

1 hour, 51 minutes ago Add U.S. National - AFP to My Yahoo!
http://news.yahoo.com/news?tmpl=story&u=/a...on_040526023630


LOS ANGELES (AFP) - Lawyers for embattled pop icon Michael Jackson accused the prosecution in his child molestation case of dragging its heels in handing over documents that could help the defence.

The lawyers also, for the first time, threw light on the still-secret allegations against Jackson, saying Tuesday he is accused of conspiring with five other people to abduct children, falsely imprison them and extort money.


The claim that prosecutors have failed to hand over key documents came six months after Jackson's stunning arrest on charges that he sexually molested a 12-year-old boy and ahead of a hearing in the case on Friday.


The 45-year-old entertainer's team accused Santa Barbara prosecutors of not responding to official demands that it hand over all witness statements, copies of tapes, photographs seized in a dramatic search of Jackson's Neverland Ranch.


"Over six months after the charges were raised, the prosecution is far from satisfying basic discovery obligations," a document filed in Santa Barbara Superior Court by lawyers Thomas Mesereau, Steve Cochran and Robert Sanger said.


"Obtaining complete discovery from the prosecution is indispensable for defense council to prepare properly for trial," they said.


The massive investigation involved "dozens, if not over 100 witnesses" as well as "voluminous documents" and expert examination on a variety of topics, they added.


"Accordingly, Mr Jackson respectfully requests that this court order the prosecution to produce all discovery requested by the defense within a specified period of time," the lawyers said.


Since Jackson's November 19 arrest following the search of his Neverland Ranch he has been charged with child abuse and using alcohol to seduce the boy, charges that were superseded by an secret indictment against him handed down by a grand jury last month.


Jackson's team said the 10 charges in the indictment, which remains sealed, included charges of lewd conduct with a minor and a damaging, but as yet unexplained, new count of conspiracy to abduct a minor.


"The indictment substantially broadens the scope and complexity of this litigation," the lawyers wrote.


"An elaborate conspiracy is alleged among Mr Jackson, five unidentified others and unidentified others. Twenty-eight overt acts are mentioned in furtherance of a supposed objective to abduct children, falsely imprison and commit extortion."


In addition to those charges, Jackson is accused in the indictment of four counts of providing alcohol to the boy and "special allegations" that make the sentence he could face even stiffer.


Jackson has pleaded innocent to the charges and has dismissed them as being intended to extort money from him.


Jackson's team said that as prosecutors had clearly found the time to thoroughly revamp the charges against him amid a worldwide media glare, they should at least have found time to hand over key documents to the defence.


"Over the last six months, Mr Jackson has endured intrusions of privacy, worldwide coverage of criminal allegations, live broadcasts of his voluntary appearance for booking and the posting of exhorbitant bail," the lawyers wrote.


The prosecution's "failure to complete discovery is inexcusable," they added.

The lawyers and prosecutors are due to appear before Judge Rodney Melvile in Santa Maria, near Neverland, on Friday to argue motions, including one to reduce Jackson's three million dollar bail.

Money Motive?
Jackson's Alleged Victim's Family Seeks Damages in Connection to Molestation Case



May 26, 2004 — The family of Michael Jackson's alleged victim in his child molestation case has filed a claim for damages against the Los Angeles Department of Children and Family Services, ABC News has learned.


Jackson has pleaded not guilty to 10 charges that include: felony conspiracy with 28 overt acts involving child abduction, false imprisonment, extortion; committing lewd acts upon a child; attempting to commit a lewd act; and administering an intoxicating agent to a child.

The alleged victim in the case is believed to be a cancer survivor, now 14 years old, who spent time at Jackson's Neverland ranch and appeared in the British documentary Living With Michael Jackson, which was broadcast on ABC last year.

ABC News has obtained a document, filed Tuesday on behalf of the alleged victim and his relatives, that seeks damages against the Los Angeles Department of Children and Family Services for allegedly violating their privacy. The family's claim revolves around disclosure of the details of the confidential investigation that was conducted by the department before Jackson was first criminally charged in the molestation case last November.

According to an internal government memo on the investigation, Los Angeles police and child welfare officials concluded that the sexual abuse allegations against Jackson were "unfounded." It was not until after investigators in Santa Barbara reviewed the case a couple of times that officials decided to pursue criminal charges against Jackson.


Trouble Started With The Smoking Gun

There was no public knowledge of the Los Angeles investigation and its conclusions until The Smoking Gun posted the government memo on its Web site in December 2003.

The memo said Jackson's alleged victim "denied any form of sexual abuse" and said that he never "slept in the same bed as the entertainer." The boy also denied the allegations when questioned by a social worker assigned to the Sensitive Case Unit of Los Angeles' Department of Children and Family Services back in February 2003.


In the claim, the family of Jackson's alleged victim says it is seeking damages from the Los Angeles Department of Children and Family Services because officials did not have the "human decency" to apologize for violating their privacy and allowing the confidential memo become public knowledge. The Los Angeles Department of Children and Family Services said it "continues to conduct an aggressive, ongoing investigation" into the memo's leak and has promised to hold those responsible accountable.

Not About the Money

A source close to the family told ABC News that the family is only seeking an apology, not money. They want to prevent another leak from happening. Still, the defense experts say the damages claim is the first time the alleged victim's family has sought money in the case and suggests motive.

"This new claim on their part seems to suggest that maybe there is a financial motive, and that it is about the money," said defense attorney Dana Cole.

Michael Jackson has denied any wrongdoing. He and his supporters have suggested that the Santa Barbara District Attorney's office has a vendetta against him and relatives of the alleged victim have made up the allegations to get a monetary settlement similar to the deal the singer made when another boy accused him of sexual abuse in 1993. (Jackson was never charged in that case. Prosecutors did not pursue charges against him after the alleged victim refused to testify. Still, Jackson has always insisted on his innocence in that scandal.)

The next hearing in Jackson's case is scheduled for Friday.

Reported by ABC News' Jessica Yellin on Good Morning America. ABC News' Beth Tribolet contributed to this report.

http://abcnews.go.com/sections/GMA/Enterta...s_040526-1.html

http://news.newspress.com/topsports/052504jackson.htm

New details of secret jury hearing surface

5/25/04
By DAWN HOBBS

NEWS-PRESS STAFF WRITER

As Michael Jackson's lawyers prepare to return to court this week, new details surfaced about the secret grand jury proceedings that resulted in an indictment against the entertainer -- including identities of five people named as co-conspirators in the case and evidence shown to jurors to support the conspiracy charge.

Prosecutors presented bank records, passports and plane tickets to support their contention that Mr. Jackson's associates planned to take the alleged victim and his mother to Brazil after a BBC documentary showed the singer holding hands with the boy, the News-Press learned from sources close to the case.

These details provide a rare glimpse into the complexities of District Attorney Tom Sneddon's case against the entertainer, which has been shrouded in secrecy to a degree not seen even in other high-profile investigations. Mr. Jackson is accused of lewd conduct, administering alcohol to commit molestation and conspiracy to commit child abduction, false imprisonment and extortion. He pleaded not guilty to all charges April 30.

So far, charges have not yet been filed against the five men who prosecutors allege helped Mr. Jackson. The identities, according to sources, are Frank Tyson, who was Mr. Jackson's former personal assistant; Vincent Amen, who has worked for Mr. Jackson's production company; F. Marc Schaffel, who produced Mr. Jackson's song about the Sept. 11 attacks and later assisted in Mr. Jackson's rebuttal to the BBC documentary that prompted the current investigation; and Deiter Wiesner and Ronald Konitzer, former business managers. None of the alleged co-conspirators agreed to testify during the grand jury proceedings.

Joseph Tacopina, attorney for Mr. Tyson and Mr. Amen, has repeatedly told the News-Press the allegations are "absurd."

Mr. Tacopina maintains the accuser's mother asked to hide out at the Neverland Valley Ranch and then requested Jackson aides get her out of the country because people accused her of being "a bad mother" after the BBC documentary aired.

"The case against my clients is driven solely on the mother's testimony," Mr. Tacopina said Monday. "And this is a woman who has been proven to present false stories ... I'm very comfortable where I sit because there are certain documents out there that if called upon to challenge these allegations would clearly exonerate my clients."


The other men named in the indictment could not be reached for comment.

On Friday, media attorney Theodore Boutrous will argue that Superior Court Judge Rodney Melville should unseal the indictment and the grand jury transcripts that contain these details and others so that public confidence in the legal system is not undermined. Transcripts are typically released to the public as a check because grand jury proceedings are held in secret, conducted by the prosecution, and without the oversight of a judge, the cross-examination of defense lawyers, or the scrutiny of the media.

However, both the prosecution and defense teams have submitted requests to keep the transcripts secret in this case. The defense is concerned that the transcripts would present a biased version of the case that might influence the pool of potential jurors.

In a recently filed motion requesting the judge keep the grand jury transcripts sealed, lead defense lawyer Thomas Mesereau, with co-counsels Robert Sanger, Steve Cochran and Susan Yu, stated: "The indictment and the grand jury transcripts are rife with prejudicial information that reflect a one-sided prosecution theory of the case. ... It is plainly unfair to Mr. Jackson to saturate the media, again, with only the prosecution's view of the case, particularly while Mr. Jackson is subject to the constraint of the protective order."


In its motion to keep the documents sealed, the prosecution argued, "The jurors in this case should learn about the evidence while seated in the jury box, not at the breakfast table or from late-night talk shows."


Judge Melville has routinely sealed documents in the case, citing the privacy of the alleged victim and the defendant's right to a fair trial. A gag order intended to limit prejudicial pretrial publicity prohibits attorneys on either side from speaking with the media about the case.

The judge will also likely decide Friday whether to reduce Mr. Jackson's $3 million bail.

Defense lawyers have requested that it be lowered. But the prosecution considers Mr. Jackson a "flight risk" because he could potentially abscond to a country that does not have an extradition treaty with the United States, Senior Deputy District Attorney Gerald Franklin stated in a recently filed motion.

"As the day of trial approaches and Mr. Jackson makes a hard-headed assessment of his chances for an acquittal and ponders the unhappy but inevitable consequences of a conviction, he may well conclude that life as a wealthy absconder in one of those countries is preferable to what might amount to a life term in a California prison," Mr. Franklin stated.

It's expected the defense team will soon file challenges to the indictment on numerous grounds. Gerald Uelman, a lawyer who helped defend O.J. Simpson against murder charges, said the challenges would likely question the intense secrecy of the case and whether it intimidated grand jurors, the unorthodox timing of convening a grand jury after charges have already been filed, the admissibility of evidence and whether evidence that could exonerate their client was fairly presented.

Sources also told the News-Press that although Mr. Sneddon had alerted witnesses from a 1993 case against Mr. Jackson that they might be called before this grand jury, none of the witnesses in the earlier case was called to testify although they're expected to be called at the trial.

Mr. Uelman, professor at the Santa Clara University of Law, and Laurie Levenson, professor at Loyola School of Law, cautioned against drawing conclusions from the prosecution's decision not to use the 1993 witnesses.

"It doesn't say anything," said Ms. Levenson. "It could be either they have a very strong case and didn't need the 1993 witnesses. Or it could be they knew they wouldn't be helpful and didn't bother to call them."


The earlier case crumbled when the alleged victim declined to testify after his family accepted a multimillion-dollar settlement from the entertainer in a simultaneous civil suit.

Grand jurors from the 1993 case contacted by the News-Press indicated there was not enough evidence presented to issue an indictment had the district attorney requested one. However, prosecutors could try to use their testimony in the current case to establish a pattern of behavior by Mr. Jackson.

Monday, May 24, 2004

(05-24) 12:59 PDT LOS ANGELES (AP) --

Michael Jackson's father, Joseph, has hired a lawyer to be his "extra pair of eyes" keeping track of the child molestation case against his son, according to a statement issued on the father's behalf Monday.

Debra Opri, who frequently appears on TV as a legal analyst and has represented music legend James Brown, said she was retained by the senior Jackson to represent his interests in the case.

"I'm not participating in the case at this point," Opri said in a phone interview. But she said Joseph Jackson wants her to attend court hearings with him "to tell him what's going on."

"From now on he feels the urgent need to have an extra pair of eyes properly advise him and Mrs. Jackson," the family statement said.

Jackson attorney Thomas Mesereau Jr. said he was apprised of the senior Jackson's arrangement with Opri but, "I've never met or spoken to her in my life."

Opri said she hopes that will change. Opri, who heads a Beverly Hills law firm, said she attended Jackson's arraignment in Santa Maria with Jackson's parents on April 30 and plans to be in court Friday for another hearing in the case.

"At this point I'm representing family interests," she said. "Joseph loves his son and wants to be kept updated on everything."

She suggested in a phone interview that she could be a helpful presence on the defense team if she was added.

"I know Santa Barbara; I had a satellite office there for a while," she said. And her representation of Brown would add to the team, "a white woman who has represented another American icon."

"I am a person who believes in justice and I believe Michael Jackson is innocent," she said. "I don't believe that he has the capacity to formulate a criminal intent. ... I just think I can help."

Attorney Brian Oxman, the longtime Jackson family lawyer, said he was aware of Opri's new role but refused to comment other than to say it would not interfere with Mesereau's representation of Jackson.

http://www.sfgate.com/cgi-bin/article.cgi?...1559EDT0077.DTL

DA seeks to keep $3M Michael Jackson bail

By LINDA DEUTSCH
The Associated Press
5/23/2004, 9:56 p.m. ET


LOS ANGELES (AP) — Michael Jackson's prosecutor is opposing a move by the pop singer to reduce his $3 million bail, arguing that he may be planning to flee the country.

According to a motion obtained by media lawyers Sunday, District Attorney Tom Sneddon's office said Jackson's immense wealth requires at least $3 million bail to ensure he will appear for trial on child molestation charges and, if convicted, would be prepared to serve a lengthy prison sentence.

"The temptation to flee must surely be strong for an individual in defendant's circumstances," said the motion. "To suppose otherwise would be to blink reality."

Jackson's lawyer Thomas Mesereau Jr. did not immediately return phone calls Sunday. Defense attorneys Robert Sanger and Steve Cochran also could not immediately be reached for comment.

The prosecution motion, written by Deputy District Attorney Gerald McC. Franklin, envisioned Jackson living out the rest of his life as "a wealthy absconder" rather than facing a life term in a California prison.

The document included a footnote alluding to the case of Andrew Luster, an heir to the Max Factor cosmetics fortune who fled from Ventura County to Mexico during his rape prosecution "notwithstanding his $1 million bail bond." Luster ultimately was captured in Mexico.

Franklin conceded that the county bail schedule calls for a potential maximum bail of $435,000 for the child molestation and conspiracy charges against Jackson, but he argued the performer is no ordinary defendant and the bail schedule does not apply to him.

"The people mean no disrespect by the following, but Michael Joe Jackson's situation is truly unique," he said. "By all accounts, defendant is well-to-do."

He cited Jackson's holdings of 2,000 acres in Santa Barbara County as well as other property.

"The defendant here is 'Michael Jackson, international celebrity,' a man whose life style to date would not have prepared him to adapt readily to a prison environment and routine, and whose physical stature will present its own problems for him in making the necessary adjustments.

"Mr. Jackson has doubtlessly given those realities considerable thought," the motion said.

Franklin also suggested that a number of countries would welcome Jackson if he fled.

"Mr. Jackson is known and adored — 'adored' is not too strong a word — in many of the countries of Europe, the Near East and Africa," said the motion. "Several of those countries do not have extradition treaties with the United States."

The motion acknowledged the defense argument that Jackson has made all of his court appearances but argued, "One good reason for his having done so is the severe consequence of not having done so. Three million dollars is a lot of money to leave behind, even for him."

Jackson has pleaded not guilty to child molestation, administering an intoxicating agent, and a conspiracy count involving allegations of child abduction, false imprisonment and extortion.

Many details of the indictment remain under seal, and media outlets, including The Associated Press, have sued to have the indictment and grand jury transcripts unsealed in their entirety.

In a separate motion, prosecutors said they agree with Jackson's attorneys that secrecy should continue.

The prosecutor said jurors "should learn about the evidence while seated in the jury box, not at the breakfast table or from late-night talk shows."

The motions were to be argued at Jackson's next hearing May 28.

http://www.mlive.com/newsflash/entertainme...64250250500.xml

http://news.yahoo.com/news?tmpl=story&u=/a...chael_jackson_2

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Jackson Legal Team: 5 Named in Indictment

Fri May 21,11:33 PM ET


LOS ANGELES - The grand jury indictment against singer Michael Jackson (news) names five people allegedly involved in a criminal conspiracy with the singer, according to a court document released Friday by the pop star's defense team.

It was previously unknown how many other people were included in the indictment, which accuses Jackson of child molestation and a conspiracy count involving allegations of child abduction, false imprisonment and extortion.


"The indictment imagines an elaborate conspiracy among Mr. Jackson, five identified persons and unidentified others," wrote defense attorney Steve Cochran.


The filing was a response from Jackson's team to media requests that the grand jury indictment and other documents be unsealed by the court. The names of the five alleged coconspirators weren't included in the document the defense released.


The defense attorneys decried the "media frenzy" that has surrounded the case and said that the grand jury indictment reflects a "one-sided, prosecution theory" of the proceedings.


"It is plainly unfair to Mr. Jackson to saturate the media, again, with only the prosecution's view of this case, particularly while Mr. Jackson is subject to the constraints of the protective order," Cochran wrote.


The California Supreme Court said earlier this week that it will not consider arguments from news organizations trying to end the gag order, including The Associated Press.


Jackson has pleaded not guilty to child molestation, administering an intoxicating agent and conspiracy.

May 20, 2004

High court denies media's request to lift Jackson gag order

By DAWN HOBBS
NEWS-PRESS STAFF WRITER

Upholding the intense secrecy that has shrouded the child molestation case against Michael Jackson, the state Supreme Court decided Wednesday to deny the media's request to review lifting a gag order that silences anyone involved in the case.

Attorney Theodore Boutrous, who represented several news organizations in challenging Santa Barbara County Superior Court Judge Rodney Melville's gag order, said the secrecy in this case surpasses that of any other high-profile case.

"Such gag orders deprive the public of truthful and accurate information from those who know the most about the case," Mr. Boutrous said. "And it violates the First Amendment."

The gag order is one of the many layers of secrecy intended to shield details of the case, including specifics about the crimes the 45-year-old singer is accused of committing, from the public. Documents have been routinely sealed; the ones Judge Melville has released have so many lines blacked out that even he has acknowledged they make no sense; news outlets were threatened with criminal action if they showed the faces of potential members of a criminal grand jury; and once those jurors were sworn in, they and the witnesses were spirited by car to the secret proceedings, hidden behind blackened windows and reflector shields.

Judge Melville has said the reason for the heightened secrecy is to protect the alleged victim, who is a minor, and to not prejudice the jury pool.

"We are sensitive to the issues that the court is grappling with but believe that the balance can be struck more strongly in favor of public access," Mr. Boutrous said.

Judge Melville approved Santa Barbara County District Attorney Tom Sneddon's request for a gag order in January.

When the judge denied Mr. Boutrous' initial request to lift the order, Mark Geragos, the former lead defense lawyer for Mr. Jackson, backed the media's appeal.

In fact, Mr. Geragos' last official act before Mr. Jackson dropped him on April 25 was to file a statement in support of the media with the state Supreme Court two days earlier.

However, the defense position flipped last week under the direction of the new lead lawyer, Thomas Mesereau.

The ongoing struggle in this case underscores a tug-of-war between the right to a fair trial and the public's right to know.

Mr. Boutrous has repeatedly argued that to not release information only fuels speculation and the public's mistrust of the legal system. He has also filed motions seeking access to the grand jury transcripts and copies of the indictment jurors handed down on April 21, after listening to 12 days of testimony.

Mr. Jackson pleaded not guilty to the child molestation charges on April 30 and is free on $3 million bail. Next week, attorneys will meet again in a Santa Maria courtroom to discuss the sealing of the grand jury documents.



http://www.newspress.com/mjacksonupdate/0520courtdenies.htm

MJ flick filming in Calgary

Alexandra Burroughs
Calgary Herald


May 18, 2004

CALGARY - Michael Jackson and Lisa Marie Presley stroll through The Butterfly Room at Neverland Ranch, holding hands and nibbling on sno-cones. A bird flies indoors overhead as Presley leans and kisses the King of Pop softly on the cheek.


It's the moment they fall in love.


But this is not the Neverland Ranch. She's not Lisa Marie, and he's not Michael Jackson.


It's actor Flex Alexander portraying Jackson with Calgary-based actress Krista Rae as Presley on the Calgary set of Man In The Mirror: The Michael Jackson Story, a unauthorized biopic about the pop star.


The made-for-TV movie follows Jackson from the success of his Thriller album in 1980s and his rise to super-celebrity, eventually touching on his current legal problems, namely charges of child molestation to which he recently pleaded not guilty.


It's a timely story, says Alexander, one that offers a rare glimpse at the man behind the baby-dangling tabloid covers.


"The media has already convicted him. We're trying to show that he's a sensitive, loving and giving man," says Alexander of Jackson's molestation charges.


Judgment, he says, should be left to the courts.


"Michael is a spiritual man, he connects with the kids and gets a sense of purity and inspiration from them." Martin Bashir's documentary Living with Michael Jackson: A Tonight Special, which aired in 2003 put the question of Jackson's innocence in front of prime-time viewers. Splitting the public vote (half the viewers felt sorry for Jackson, the other half thought he should be imprisoned), many people maintain Jackson's close relationship with children is the result of a so-called Peter Pan complex rooted in his short-lived childhood.


"He does fall in love with young boys, but not the way people like to think," says Man in the Mirror director Allan Moyle, who admits he was initially reluctant to sign on with the project.


"After talking to people who know him intimately and also reading what other people have said, I don't think he's sexually oriented. He's a very pure person and the universe has rewarded him with all this abundance. That's just one of the many proofs to me that he's innocent of these charges of abuse against these kids." Moyle, a Quebec-born director, whose resume includes Pump up the Volume (1990) starring Christian Slater and Empire Records (1995), also has an appreciation for Jackson's musical gifts.


"Don't forget, this guy has sold more records than Elvis and the Beatles combined." As Elvis's daughter, Rae says she has come to appreciate the connection between Jackson and her character.


"They both grew up under a glaring spotlight. They understood what the other went through in a way few people can. Their connection was very real." Along with Alexander and Rae, the film stars William Taylor as Jackson's former lawyer Johnny Cochrane and Barbara Mamabolo as Janet Jackson.


To prepare for the role, Alexander watched hours of video to pick up Jackson's unique voice inflections, mannerisms and expressions. To achieve the pop stars many faces, Alexander is in make-up for between 90 minutes and 2 1/2 hours each day. When he's not in front of the camera on set, you'll find him listening to Jackson's music on headphones.


"I try to stay in his world during the shoot," says Alexander, formerly a dancer and choreographer who now stars on his own UPN TV series, One on One.


Man in the Mirror is a $3.3-million US made-for-TV movie, which will air early August on Movie Central.

© Calgary Herald

5/19/04

Court Denies Media's Bid in Jackson Case

15 minutes ago

By LINDA DEUTSCH, AP Special Correspondent

LOS ANGELES - The California Supreme Court on Wednesday denied the media's request to lift a gag order in the child molestation conspiracy case of pop superstar Michael Jackson (news).


The one-line order of the court did not comment on the issues involved.


Attorney Theodore Boutrous Jr., who represents a coalition of media organizations including The Associated Press, expressed displeasure with the ruling.


"Such gag orders deprive the public of true and accurate information on judicial proceedings from those who know the most about the case," he said. "These orders violate the First Amendment."


The state's highest court had requested letters from the defense and prosecution outlining their positions on the gag order, imposed by Judge Rodney Melville.


District Attorney Tom Sneddon's office responded with an incendiary attack on the news media, alleging those covering the Jackson case are pandering to a "gossip hungry" audience. It vilified both tabloid and mainstream media for reporting speculation and conjecture rather than truth.


"Eliminating the gag order will ensure that more accurate information will be disseminated, and will reduce the amount of rumors, speculation and gossip about which the District Attorney complains," Boutrous responded.


Jackson's former lawyer, Mark Geragos, had said he would file his own letter advocating removal of the gag order. His successor, Thomas Mesereau Jr., sent a letter saying he supported the gag order.


Jackson has pleaded not guilty to charges of child molestation and a conspiracy count involving allegations of child abduction, false imprisonment and extortion.


http://news.yahoo.com/news?tmpl=story&u=/a...chael_jackson_6

May 19, 2004

Media lawyers want Jackson transcripts

SANTA BARBARA The grand jury transcripts and indictment in the child molestation case against Michael Jackson should be made public, media attorneys argued in motions filed Tuesday.

Keeping documents sealed about proceedings already conducted behind closed doors can undermine public confidence in its justice system and fuel speculation about potential abuse, said Theodore Boutrous, who represents numerous media outlets.

"Grand jury indictments are the product of a secret, one-sided process and reflect the crucial act of charging a citizen with a crime," Mr. Boutrous stated in the motion. "But to balance this secrecy there is a 'historic tradition of public access to the charging document in a criminal case' that reflects the importance of its role in the criminal trial process and the public's interest in knowing it's contents."

The grand jury indicted Mr. Jackson on April 21. The following week, he pleaded not guilty to one count of conspiracy, four counts of committing a lewd act on a child under the age of 14, one count of attempting to commit a lewd act and four counts of administering alcohol to allegedly commit molestation.

Tuesday's motion is the latest attempt by Mr. Boutrous to unseal numerous documents in this case that Superior Court Judge Rodney Melville has sealed. The judge has indicated he's kept certain documents secret to protect the alleged victim and to not pollute the jury pool.

Indictments are typically released in their entirety after being filed with the court, and grand jury transcripts are made public 10 days after they've been given to the defense lawyers. That is, unless the defense lawyers can convince the judge that by releasing the documents it would make it impossible for to find 12 unbiased jurors in the entire community.

On May 28 in Santa Maria, Judge Melville will hear arguments on the issue from Mr. Boutrous, Santa Barbara County District Attorney Tom Sneddon and defense lawyer Thomas Mesereau.

— Dawn Hobbs






http://www.newspress.com/mjacksonupdate/0519mediawant.htm

http://www.thesmokinggun.com/archive/0518042jackodeed1.html
Michael Jackson Joins Refinancing Rush

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Court TV: full of DD's

http://news.yahoo.com/news?tmpl=story&u=/c...gaypornproducer

Alleged conspiracy in Jackson case may have involved gay-porn producer

NEW YORK (Court TV) — A gay-pornography producer with business ties to Michael Jackson may have engaged in a conspiracy to silence the boy accusing the singer of child molestation, according to Court TV's Diane Dimond.



Jackson pleaded not guilty last month to a revised 10-count felony indictment which included counts of lewd or lascivious conduct involving a child under 14; administering an intoxicant, reportedly wine; and one new count of conspiracy, which alleged 28 individual overt acts involving child abduction, false imprisonment and extortion.


But when the indictment was released to the press, the names of at least five alleged co-conspirators had been omitted.


Although there is a gag order in the case which prevents lawyers from disclosing certain information, Dimond uncovered details about the alleged co-conspirators and their ties to Jackson. On Tuesday, Dimond reported on Court TV's "Catherine Crier Live," that of the five possible co-conspirators, gay-porn producer Marc Schaffel may be the Jackson defense team's "biggest, most embarrassing problem."


Schaffel and Jackson advisors, Deiter Weizner and Ronald Konitzer, may have tried to keep Jackson's accuser and his family away from investigators and the media, Dimond reported, even attempting to ferry the family out of the country.


Jackson's alleged victim, identified in court documents as "John Doe," was featured last year in a now infamous documentary. The 12-year-old was holding hands with Jackson and resting his head on his shoulder, while the singer explained why his Neverland Ranch sleepovers with children were innocent, loving acts.


That incident allegedly put Weizner, Konitzer and Schaffel into crisis mode. The trio gave the orders to have the boy signed out of school, get his family's Los Angeles apartment packed up, and get passports for the accuser and his kin to leave the country, sources told Court TV.


There is also speculation that two more alleged co-conspirators, Vincent Amen and Frank Tyson, intimidated witnesses.


New York attorney Joseph Tacopina recently stated that he believes, based on news reports and conversations with law enforcement officials, that his clients, Amen and Tyson, are among those co-conspirators to be indicted.


Tacopina said that Tyson, who was Jackson's personal assistant, has been accused of threatening to kill the alleged victim's younger brother if he revealed to authorities that the entertainer gave the boy alcohol. Amen, who worked for Jackson's production company, was accused of holding the family at Neverland against its will.


Tacopina has denied the allegations.


"Certainly they would prefer to keep their thoughts to themselves and their opinions to themselves," Tacopina said. "But if it happens that there is a legal process that brings them to Santa Barbara to answer questions, we'll be there."


According to Dimond, Tyson has known Jackson since the early 1990s and used to travel around the world with the pop star. The singer took a liking to the young boy after Tyson's father, a concierge at a luxury New York hotel, introduced them. Amen, Tyson's neighbor, met Jackson after accompanying Tyson on a trip to Neverland.


But less is known about the other three alleged co-conspirators, Diamond said. Ronald Konitzer, a German-born Canadian, is one of Jackson's trusted confidantes. He once gave Konitzer power-of-attorney to launch a new corporation in an effort to revive the singer's career.


German advisor Deiter Weizner lives near Stuttgart, according to Dimond, and has done marketing for Jackson for almost a decade.


Dimond said that gay-porn producer Schaffel was seen in January having lunch with Weizner and Jackson's ex-wife Debbie Rowe — even though Jackson's camp put out the word more than two years ago that the entertainer had severed ties with Schaffel. At that time, he was producing a Sept. 11 charity song for Jackson, which was scrapped after his history with pornography was revealed.


Dimond said that, in her phone conversations with Konitzer and Weizner, "both say they have done absolutely nothing wrong, they were business associates and that's it."

"As for Marc Schaffel," Dimond said, "he's nowhere to be found and his attorney has no comment."

http://www.courttv.com/news/2004/0517/jacksonDimond_ctv.html

5/19/04

http://www.dailynews.com/Stories/0,1413,20...2156835,00.html

Entire Jackson indictment sought


By Linda Deutsch
Associated Press


Lawyers for news organizations petitioned the judge in Michael Jackson case Tuesday to release the entire grand jury indictment against the pop star and to unseal transcripts of 13 days of testimony that led to the indictment.

"Grand jury indictments are the product of a secret, one-sided process and reflect the crucial act of charging a citizen with a crime," attorney Theodore Boutros Jr. said in a motion filed in Santa Barbara Superior Court.

"But to balance this secrecy there is a 'historic tradition of public access to the charging document in a criminal case,"' he said, quoting case law on the subject.

Citing decades of court precedents, Boutros said, "Nowhere in the dozens of statutes regulating the grand jury's function is there any statute authorizing the court to keep an indictment under seal."

At a hearing April 30, Superior Court Judge Rodney Melville disclosed that Jackson had been indicted on child molestation charges as well as a conspiracy count involving allegations of child abduction, false imprisonment and extortion.

He ordered edited portions of the indictment released but sealed the 28 overt acts alleged to have been committed in furtherance of the alleged conspiracy. At the request of Jackson's lawyer, he also sealed the names of alleged indicted or unindicted co-conspirators.

"Indictments are judicial records that have historically been open to the public," the motion said, noting that indictments are sealed only under extraordinary circumstances.

"This case does not raise any of the issues that have traditionally been invoked to seal or partially seal indictments, such as the need to protect the lives of witnesses, to ensure the defendant or other potential targets did not flee, or the need to protect innocent persons from injury."

Boutros noted that Jackson has already been arraigned on the charges and others connected with the case are aware an indictment has been issued.

The only reasons given by Melville for sealing the material were to protect the identify of the minor child who is accusing Jackson and to insulate prospective jurors from publicity that might prejudice them.

Boutros said the accuser's identity is already well known, although news media outlets have chosen not to publish it. The indictment actually refers to the accuser as "John Doe," he noted.

As for prejudicial publicity, he said, "By definition, an indictment always casts the defendant in a negative light." To justify a sealing order in the Jackson case, he said, would allow "every defendant in a case of public interest to argue an indictment should be sealed so the world will not learn of his or her alleged bad acts."

In a separate motion arguing for release of the grand jury transcripts, Boutros said that public interest in a case is not a legal reason to seal transcripts.

"Under that predicate, the only time that grand jury transcripts could be made public would be when the public was not interested in reviewing them. That cannot be the result intended by the legislature."

As for the impact of release on potential jurors, Boutros said the remedy is to conduct careful a thorough jury questioning, "something that this court will no doubt do in this case regardless of whether the transcript is released."

Boutros, who represents a coalition of news organizations including The Associated Press, urged the judge to release the material in its entirety or, in the alternative, to remove only limited sections, narrowly tailoring the omissions and specifying why their release might prejudice the right to a fair trial.

The motions are to be heard at the next Jackson hearing on May 28.

5/18/04

Jackson advocate
Mesereau defends rich, famous, poor, unknown

By DAWN HOBBS
NEWS-PRESS STAFF WRITER

(IMG:http://www.newspress.com/mjacksonupdate/images/lc_mesereau_051804_a1.jpg)
HUGH WILLIAMS/NEWS-PRESS PHOTOS
Defense lawyer Thomas Mesereau listens as clients explain their legal concerns at the First AME's free legal clinic in Los Angeles, where he volunteers twice a month.


Defense lawyer Thomas Mesereau clapped and swayed to the rhythm of the gospel choir and then walked two blocks to work at a free legal clinic Sunday in a South Central neighborhood where store clerks are surrounded by bullet-proof glass and parishioners prayed for a young boy's recovery from a drive-by shooting.

The scene is a stark contrast to the surroundings of Mr. Mesereau's newest client, entertainer Michael Jackson, whose nearby Beverly Hills mansion is a hilltop castle and Santa Ynez Neverland Valley Ranch an enchanting fairy-tale landscape with amusement rides and a petting zoo.

But a roster of clients that ranges from the unknown and indigent to the rich and famous is typical for Mr. Mesereau.

Just weeks ago, the 53-year-old attorney took on the highest profile case of his 24-year-career when he agreed to defend Mr. Jackson against child molestation charges. With Mr. Mesereau, and co-counsels Robert Sanger, Steve Cochran and Susan Yu, by his side, Mr. Jackson pleaded not guilty earlier this month.

Mr. Mesereau has made headlines successfully representing boxer Mike Tyson in a rape investigation. More recently, he defended actor Robert Blake on murder charges, although they have parted company. But Mr. Mesereau also travels once a year to the Deep South to represent a defendant facing execution. That's in addition to the two Sundays a month he volunteers at the First African Methodist Episcopal Church's legal clinic.

Mr. Mesereau declined to discuss the Jackson case, including why he took it, citing a gag order. A close friend and colleague, defense lawyer Jennifer Keller, said: "Tom probably took the case because he believes Michael Jackson is innocent and like every other American deserves the best defense available. He wouldn't take a big case just because it's a big case. Tom likes to right wrongs. I can see how he would think someone like Michael Jackson... would be easy to pick on and victimize."

In an interview with the News-Press, Mr. Mesereau did share his legal philosophies: "I have a very strong belief that our justice system has to treat everyone equally and that often it fails in that regard. People of low income, people of little resources or people who are considered to have little value often are not treated properly."

Ms. Keller said Mr. Mesereau has not changed much since she first met him at Hastings Law School in 1976: "He was a very tolerant, open-minded liberal thinker then and he still is — and he even has the same hair style."

Colleagues say Mr. Mesereau's trial record is stellar — in one year, he won seven acquittals and two hung juries in cases including murder, drive-by shootings and robbery. He's also won several death penalty acquittals.

"More than one deputy DA has been left open-mouthed after the return of a not-guilty verdict," Ms. Keller said. "But he doesn't cherry pick. He takes pretty ugly cases that look like they don't have a lot going for them."

She says he has other qualities that make him an unusual lawyer.

"He's not really always organized and he's not a good businessman because he hasn't made very much money," she said, and he has certain technological deficiencies.

Mr. Mesereau purchased a computer last year, but he still hasn't used it. He still gives dictation, writes in long hand and hand-delivers copies of documents that other attorneys would e-mail.

"If he could find a quill pen, he'd use it," Ms. Keller said.

SOUTH CENTRAL

On Sunday, Mr. Mesereau was greeted with hugs as he walked into the First AME Church. Dressed in a blue pin-striped suit, he sat next to Jackson civil attorney and family friend Brian Oxman.

"Religion is meant to be a celebration," he said as he waited for the 8 a.m. service to begin, contrasting the free-spirited atmosphere of the church and its 47-member gospel choir to that of the Catholic church in which he was raised.

(IMG:http://www.newspress.com/mjacksonupdate/images/lc_meschurch_051804_a1.jpg)
Lead Jackson defense lawyer Thomas Mesereau, left, and the family's civil attorney, Brian Oxman, clap along to the rhythm of the First African Methodist Episcopal Church's gospel choir on Sunday.


Later, at the clinic, nearly 40 people sought advice from Mr. Mesereau and a handful of other attorneys about landlords, jobs or family members' troubles with the law.

Sitting at a round folding table in the conference room in the First AME Renaissance Center, Mr. Mesereau spoke with one woman who wanted to expunge a felony conviction from her record and another whose husband is serving out a second-degree murder sentence and is coming up for parole this week. His advice was gentle, yet straightforward. One client, interviewed after talking with Mr. Mesereau, said she felt relieved. "He gave me hope, actually," she said. "He was encouraging, too, and told me to just keep doing what I'm doing."

In 2002, Mr. Mesereau was recognized with the First AME Church's Trailblazer Award, which also has been given to Rev. Jesse Jackson, comedian Arsenio Hall and Los Angeles Congresswoman Maxine Waters.

The church's influential pastor, Rev. Cecil Murray, noted: "It is rare to find people of such great stature who can stand as tall as he is and still meet anyone on any level."

LIBERAL ROOTS

Mr. Mesereau was born in 1950 in West Point, N.Y., where his father, Thomas Sr., had graduated from the U.S. Military Academy. His father was a decorated parachute battalion commander in the Philippines. Mr. Thomas Sr. angered military colleagues when he wrote a letter to the Wall Street Journal opposing the Vietnam War, his son remembers, and caused a stir when he insisted a black friend play handball at an all-white New York athletic club.

Mr. Thomas Sr.'s philosophy influenced his son, who opposed the war while a student at Harvard University, where he also boxed and played football. From there, Mr. Mesereau studied international affairs at the London School of Economics, then graduated from the University of California's Hastings School of Law in 1979. He was an Orange County prosecutor and an executive with Getty Synthetic Fuels before going into private practice in 1985.

Collins, Mesereau, Reddock & Yu is a small mid-Wilshire law firm that handles civil and criminal cases. Mr. Mesereau lives near Beverly Center in Los Angeles. He has a girlfriend who is an actor, who also organizes productions to benefit battered women. He takes nightly walks and prefers neighborhood haunts to posh Hollywood cafes. In his spare time, he reads about great trial lawyers, and goes to plays and films. He is also a fan of boxing.

(IMG:http://www.newspress.com/mjacksonupdate/images/lc_mestalk_051804_a1.jpg)
After the service led by the Rev. Cecil Murray, the pastor meets with Mr. Mesereau. The Rev. Murray calls the lawyer "a care package for the needy."


"He dragged me a couple of years ago to the Olympic (auditorium) boxing where I actually got sprayed with blood from the ring," Ms. Keller said. "Tom is such a gentle person and so nonviolent, but his favorite sport is boxing."

Defense lawyer Dana Cole, also a close friend since law school, said his colleague's technique in the ring spills over into the courtroom: "He was a fearless boxer. And he's fearless in court. No case is too difficult for him. He walks into the courtroom with a smile — and ready to do battle."

But a prosecutor in the Blake case and the attorney who represents the children of Mr. Blake's wife, slaying victim Bonny Lee Bakely, in a wrongful death lawsuit say Mr. Mesereau pushes it too far.

"It was terrible — it was awful working with him," said Shellie Samuels, prosecutor in the Blake case. "He was, I believe, not very forthright."

Eric Dubin, the attorney for the civil suit, said: "If I were ever in trouble, I would want someone like Thomas Mesereau defending me, but I'm not so sure that's a compliment. ... I think he's a win-at-all-costs attorney and, as someone who represents victims, I tend to find that troublesome."

However, Robert Grace, a Los Angeles prosecutor who lost a murder case to Mr. Mesereau, said: "Generally, I've only seen him involved in cases where there's been some some sort of social injustice or he feels the person is being unfairly charged. He'll try to push the envelope as far as he can — but within legal bounds."

Within days of stepping in to lead Mr. Jackson's defense team, Mr. Mesereau got rid of the Nation of Islam bodyguards, hired a professional security firm and significantly toned down the circuslike atmosphere that characterized the entertainer's previous court appearance.

Mr. Jackson requested that Mr. Mesereau defend him last year but the attorney was tied up with the Blake case. Three days after Mr. Jackson was indicted, he dropped lead lawyers Mark Geragos and Benjamin Brafman and hired Mr. Mesereau, who had recently parted ways with Mr. Blake.

"A change of tone was definitely needed," Ms. Keller said of the Jackson defenses. "Sometimes clients are unable to step outside of themselves to see how others see them, particularly celebrities.... Tom spends a lot of time with his clients explaining why respect for the justice system is important."

THE DEEP SOUTH

When Elisabeth Semel first spoke with Mr. Mesereau, she thought he was nuts.

Typically, corporate lawyers volunteered for the American Bar Association's Death Penalty Representation Project to handle appeals. Mr. Mesereau was from a small private firm and wanted to try the cases.

She called his reference, Ms. Keller, and asked, "Is this guy some flake or the real deal?"

"Then she wanted to know whether he has ever tried a capital case through the penalty phase," Ms. Keller said. "I told her he never gets to the penalty phase. And he still doesn't."

The circumstances he has since faced "would make some people run," Ms. Semel said.

But the payoff is worth it, Mr. Mesereau says. "The more I examined the way the death penalty is administered in America, the more I realized how arbitrary and discriminatory it is," he said. "I don't see how it achieves anything. A vast majority of those executed over the years have been disproportionately minority defendants. Now you see DNA exonerating over 100 people who could have faced execution — and killing one person unjustly is absolutely unacceptable."

Since 2000, he has worked four capital cases in Alabama and one in Mississippi — saving all five defendants from death. His fifth one in Alabama is scheduled for August.

Mr. Mesereau won an acquittal for Terry Wayne Bonner, a homeless mentally ill black man accused of murdering a young white woman, in a precedent-setting case in Alabama when he convinced a jury that witness identification can be unreliable.

"The more challenging the case, the more excited he gets," said Charles Salvagio, a defense lawyer from Birmingham, Ala., who has worked cases there with Mr. Mesereau.

At first, Mr. Salvagio wondered how Mr. Mesereau would be received in the Deep South: "He came out here with his long white hair and the Southern California look. I had to be skeptical. But the jury warmed right up to him. In fact, everyone has taken a liking to him here."

Last April the lawyers got a new trial for Wesley Quick, who had been on death row for six years on a double homicide conviction.

"My son was railroaded in the first place and that's why Tom came down here and helped defend him," Renaldi Quick said. "In court, he even insisted my son be called 'Mr. Quick.'''

She noted he promptly returned phone calls, frequently asked for her perspective and kept her apprised of even the smallest developments.

"I've had dealings with attorneys before and I always end up having words with them," Ms. Quick said. "I felt like they were crooks. But I have a whole new attitude toward attorneys now. If Tom feels somebody was treated wrongly by the judicial system, he won't stop until he can do something to make it better."

Jackson, Lawyer Support Gag Order

POSTED: 9:40 am PDT May 14, 2004
UPDATED: 7:15 pm PDT May 14, 2004

LOS ANGELES -- Attorneys representing the media and Michael Jackson responded Friday to Santa Barbara County prosecutors' attempt to uphold a gag order in the superstar's child molestation case.

In court documents filed Friday, Attorney Theodore Boutrous, who represents the news organizations, criticized Santa Barbara County District Attorney Thomas Sneddon's condemnation of the intense media coverage.

"Eliminating the gag order will ensure that more accurate information will be disseminated, and will reduce the amount of rumors, speculation and gossip about which the District Attorney complains," Boutrous wrote.

Meanwhile Jackson's attorney Thomas Mesereau, wrote that he and his client support the gag order and withdrew any objections to it made by Jackson's prior counsel.

Calls left for Mesereau on Friday were not immediately returned.

The state Supreme Court is deciding whether to hear the case and asked all parties to submit arguments by Friday.

Sneddon criticized the media in a letter to the court Thursday, saying it has pandered to a "gossip-hungry" audience. He said the court-imposed gag order was important to keep an untainted pool of potential jurors.

Boutros, who represents various media organizations including The Associated Press, argued the gag order is unconstitutional.

"With each passing day, the trial court's unprecedented gag order, which purports to regulate the speech even of non-parties not subject to the trial court's jurisdiction, works additional, irreparable, and separately cognizable injuries to precious First Amendment freedoms," he said.

Jackson has pleaded not guilty to charges of child molestation and a conspiracy count involving allegations of child abduction, false imprisonment and extortion.

Prosecutors have attempted to keep secret many developments in the case. One sealed document -- the bench warrant for Jackson's arrest -- was released Thursday.

Boutrous responded that prosecutors want to selectively choose how details of the case should be released.

"The District Attorney would prefer to be able to file serious felony charges against citizens without being bothered by public scrutiny and evidence, but that is simply not the way our democratic system operates," Boutrous said.
Copyright 2004 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.nbc4.tv/entertainment/3305794/detail.html

Michael Jackson Prosecutors Back Gag Order

By TIM MOLLOY
Associated Press Writer
5/14/04
LOS ANGELES (AP) -- Ripping the news media for pandering to a "gossip-hungry" audience, Santa Barbara County prosecutors urged the state Supreme Court to uphold a gag order in the Michael Jackson child molestation case.

They said the court-imposed gag order was important to maintain an untainted pool of potential jurors. They also noted the Jackson case has generated intense public interest and is a constant focus of the tabloid and mainstream media.

"What is reported as 'fact' becomes the nucleus of intense speculation, conjecture and discussion among commentators, particularly in the tabloid media, and the audience they appeal to," District Attorney Thomas Sneddon and Deputy District Attorney Gerald Franklin said in their letter to the court, filed Thursday.

The prosecutors said they were submitting the letter in response to a request from news organizations, including The Associated Press, to lift the gag order. That order bars anyone connected to the case from talking about it.

The Supreme Court is deciding whether to hear the case and has asked both sides to submit arguments by Friday.

Sneddon and Franklin wrote they initially sought the gag order to stop what they viewed as the "unseemly and prejudicial enthusiasm" of Jackson's former defense lawyer for talking to television talk-show hosts such as Larry King and Geraldo Rivera.

The letter alleged the former attorney, Mark Geragos, used those shows to share "his own belief in the 'factual innocence' of his client and the 'greed-motivated' purpose of the victim's family to 'shake down' Mr. Jackson."

Geragos remains bound by the gag order despite leaving the case last month.

Attorney Theodore Boutrous, who represents the news organizations, said he would respond in writing Friday. In an interview, he said the prosecution's attack on the news media access was unusual.

"The district attorney has staked out an extraordinary and extreme position that flatly violates the First Amendment," Boutrous said. "The notion that public information should be limited in cases where public interest is the highest offends First Amendment values."

Prosecutors have attempted to keep secret many developments in the case. One sealed document - the bench warrant for Jackson's arrest - was released Thursday.

That warrant had been kept sealed because court officials tried to keep news of Jackson's indictment a secret until his April 30 arraignment, where the singer pleaded not guilty to charges of child molestation and a conspiracy count involving allegations of child abduction, false imprisonment and extortion. His appearance at the arraignment made the warrant unnecessary.

Sneddon and Franklin argue the gag order so far has succeeded in keeping facts that ultimately could be presented to a jury out of the public eye. That means a jury will determine Jackson's guilt or innocence based on the evidence presented to it, their letter states.

"And that's the way it should be," they said.

Copyright 2004 Associated Press. All rights reserved.


http://customwire.ap.org/dynamic/stories/M...EMPLATE=DEFAULT

New Names in Alleged Conspiracy
Three More Jackson Associates Tied to Additional Charge
ABCNEWS.com
May 12, 2004— Three additional associates of Michael Jackson are being tied to the felony conspiracy charge the "King of Pop" faces in his child molestation case, ABCNEWS has learned.

Jackson was arraigned April 30 on 10 charges that include felony conspiracy with 28 overt acts involving child abduction, false imprisonment, extortion; committing lewd acts upon a child; attempting to commit a lewd act; and administering an intoxicating agent to a child. The 45-year-old pop star has pleaded not guilty.
The alleged victim in the case is believed to be a cancer survivor, now 14 years old, who spent time at Jackson's Neverland ranch and appeared on the British documentary Living With Michael Jackson, which was broadcast on ABC last year.

ABCNEWS has learned that so far, prosecutors are focusing on five men who are accused of conspiring with Jackson to commit child abduction, false imprisonment and extortion as a way of silencing the family of the alleged victim.

Previously, ABCNEWS reported that prosecutors were focusing on Vinnie Amen and Frank Tyson, two longtime associates who both worked for Jackson at Neverland.

Now, ABCNEWS has learned the names of three more men linked to the conspiracy charge: Jackson financial advisers Dieter Weisner and Ron Konitzer, and Mark Schaffnel, a reputed pornography producer who, sources told ABCNEWS, dealt with the alleged victim's family after they appeared on Living With Michael Jackson.

To read more about the conspiracy allegations against Michael Jackson and his associates, click here.


By Request or Against Their Will?

None of the five have yet been indicted, but the grand jury that heard evidence in the case has not been dismissed, ABCNEWS has learned. The key question in the pending conspiracy case against the men is whether they took the alleged victim's family members to Neverland against their will.

All five Jackson associates have denied any wrongdoing, saying they took the relatives to Neverland at their request. The five also said they were protecting the alleged victim's family members because he was harassed after Living With Michael Jackson aired.

"I've worked with all these people. They're all very professional people," said Christian Robinson, a Jackson supporter who runs pro-Jackson Web site. "And while they did do what I think was in Michael's best interests, I think that that was never, ever illegal."

According to Joseph Tacopina, the attorney for Amen and Tyson, the two men also have been accused of taking the alleged victim's siblings out of school, getting passports for the family and pressuring them to leave the country. Amen and Tyson were offered partial immunity to testify before the grand jury that decided to bring charges against Jackson, but both rejected the deal.

The next hearing in case against Jackson scheduled May 28, where transcripts of the grand jury proceedings are expected to be unsealed.


Reported by ABCNEWS' Jessica Yellin on Good Morning America.

http://www.abcnews.go.com/sections/Enterta...acy_040512.html

JACKSON SETTLES DISPUTE WITH CONCERT PROMOTER


5/11/04
MICHAEL JACKSON has secretly agreed to pay $7 million (GBP3.8 million) to end a longstanding court battle two major concerts he backed out of.

A Santa Maria, California, jury ordered the 45-year-old BAD singer to hand over $5.3 million (GBP2.9 million) on 13 March, 2003 - but Jackson's civil lawyers quickly appealed the verdict, which favoured concert promoter MARCEL AVRAM.

But in a surprise move, lawyers from both sides then quietly dropped all appeals, according to court documents filed on 18 December (03) - the same day child molestation charges were filed against him - signalling a settlement.

Avram's lawyer LOUIS 'SKIP' MILLER says, "We've resolved everything and Marcel's happy. He's been paid in full, but the actual amount is confidential."

Although Miller refused to detail settlement terms, another source close to Avram tells the NEW YORK POST that the Swiss concert promoter got more than $7 million - the $5.3 million judgment plus interest.

Avram's lawsuit originally asked for more than $20 million (GBP11.1 million) and charged that Jackson backed out of two New Year's Eve concerts on 31 December, 1999, in Sydney, Australia, and Honolulu, Hawaii.

Miller believes Jackson was smart to settle up, adding, "Michael Jackson's a very wealthy guy. This wasn't so much money that it would have forced him into bankruptcy or anything like that."

11/05/2004 10:43
http://www.contactmusic.com/new/xmlfeed.ns...33;opendocument

5/7/04

Lawyer: Jackson Employees Won't Cut a Deal

By Stephen M. Silverman, People



Jackson's former personal assistant may face prosecution.

The attorney for two former employees of Michael Jackson said his clients will not make a plea deal with Santa Barbara County prosecutor Thomas Sneddon if they are indicted as co-conspirators who allegedly helped the star to commit abduction, false imprisonment and extortion.

Although the names of the alleged co-conspirators were not released to the public, the charges in the indictment are believed to involve an attempt to intimidate Jackson's accuser and his family and hold them captive at Neverland, the Associated Press reports.

New York attorney Joseph Tacopina says he believes from news reports and conversations with law enforcement officials that his clients, Frank Tyson and Vince Amen -- who both declined invitations to speak to the grand jury -- may be among those facing indictments.

"They didn't do anything wrong," Tacopina tells AP. "I just don't believe this is an open-minded sort of prosecution."


More on This Story


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Tacopina says he believes Tyson, 23, who was Jackson's personal assistant, may face prosecution for threatening to kill the younger brother of Jackson's alleged victim if the boy revealed to authorities that Jackson had given his brother alcohol.

Amen, 24, who worked for Jackson's production company, may be accused of holding the family at Jackson's Neverland estate against their will, says the lawyer, adding that he would not make his clients available for comment.

Jackson, 45, pleaded not guilty on April 30 to charges of conspiring to commit child abduction, extortion and false imprisonment in a 10-count indictment handed down by a Santa Barbara County grand jury in California. He also stands accused of committing lewd acts on a child under the age of 14 and plying the boy with an intoxicating substance (believed to be wine).


5/7/04
http://aolsvc.news.aol.com/entertainment/a...507090809990019

Posted on Thu, May. 06, 2004
Enough Michael Jackson already? How much is too much?
BY ERIC R. DANTON
The Hartford Courant

One of MTV's early slogans assured viewers that "too much is never enough."

We know better now, of course - sometimes too much is quite enough, thank you. But when?

It's a recurring question in celebrity journalism, where gossipy tidbits are a way of life. "Too much" is a judgment call, it seems, particularly in such situations as Michael Jackson's, where the usual vignettes about Hollywood foibles pale in comparison to the serious nature of the charges against him.

The singer pleaded not guilty last week in a California courtroom to 10 counts related to the alleged molestation of an underaged boy.

It was Jackson's first court appearance since January, and developments in the case have been few between then and now. Yet the media attention has been constant since Jackson was arrested last November, with constant updates in the press.

"High-profile (cases) garner interest," says Marlene Dann, senior vice president of daytime programming at Court TV, which keeps close tabs on the saga.

Covering legal matters is Court TV's raison d'etre, but the sordid affair has become a bit much for some news outlets.

"It's being played out so much in the rest of the press, there's really no real reason or hunger for us to do it," says Marc Malkin, news director of Us Weekly magazine. "(People) get it enough on TV and in the daily papers, and every day, it's just one piece of minutiae that's changing. And it's a downer of a story. We're talking about a superstar who is allegedly fiddling with children. That's not really an Us Weekly story - we're a happy magazine."

Malkin says Us Weekly will monitor the story and write occasionally about it as events merit.

"Every once in a while, if there's some huge shattering news, we might blow it out a little more, but you're not going to see it in depth," Malkin says.

That approach contrasts with the National Enquirer's, where there is a hunger to blanket the story. The Florida-based weekly tabloid has broken stories on the Jackson case for months, and editor in chief David Perel says he has no intention of letting up.

"As we go forward, we're going to continue to investigate the case and try to get behind the scenes, and we'll go wherever the news takes us," Perel says. "This is really an area that we excel at, and we're going to keep the pressure on."

That pressure so far has resulted in scoops that the brother of Jackson's alleged victim is said to have witnessed misconduct, and that Jackson allegedly served wine in soda cans to children. Perel says the Enquirer has about 10 reporters at any given time investigating both sides of the case. Even so, he says, the paper must be careful not to wear out readers.

"If you're just running stories for the sake of running a story every week, that's not going to work. We've been fortunate in that we've been able to gather news every week to advance the story," Perel says.

Each media outlet caters to a different audience, and coverage of the Jackson case reflects that. Readers of Us Weekly "don't expect to see a lot about Michael Jackson," Malkin says.

Enquirer readers, meanwhile, "are going to get something new and ahead of the pack" every week, Perel says.

An earlier celebrity court trial - that of O.J. Simpson - launched Court TV to prominence 10 years ago, and the cable channel essentially intends to chart a middle course with the Jackson case.

"We'll provide coverage as long as there's interest," Dann says.

Source:
http://www.sanluisobispo.com/mld/sanluisob...sip/8603862.htm

The Michael Jackson Case:
The Effect of the New Charge, and New Attorney, And What Jackson's Best Defense May Be
By JONNA M. SPILBOR
----
Tuesday, May. 04, 2004

Michael Jackson's appearance isn't the only thing changing shape these days. His criminal case just underwent a radical facelift. Jackson has famously fired two of his lawyers -- replacing them with his current counsel, Tom Mesereau. Jackson also faces a new, unexpected criminal charge.

On January 5, Jackson -- who had been arrested in November 2003 -- was formally arraigned on a criminal complaint. Then, in mid-April, a two-week long, secret grand jury investigation ended with the return of a ten-count indictment. The indictment charges the King of Pop not only with multiple counts of "lewd acts against a child," as expected, but also with a surprising new charge: conspiracy. Jackson has pleaded not guilty to all counts.

In this column, I will explore a series of related questions: What is the significance of prosecutors' decision to opt for an indictment, rather than a complaint? What effect will the new conspiracy charge in the indictment have? And, what might be Jackson's best defense strategy for winning the case?

The Prosecutors' Unusual Decision to Opt for An Indictment

First, let's consider the decision to opt for a grand jury indictment. In California, prosecutors may initiate a criminal action either by filing a complaint, or by obtaining a grand jury indictment. But the overwhelming majority of felony cases in California are done by complaint. (In contrast, federal courts and many other states utilize grand jury practice almost exclusively).

Originally, the Jackson case proceeded on a complaint. But then D.A. Sneddon changed tactics. Why? Probably because under California law, once a grand jury indictment is filed, as is the case here, the defendant loses his right to a preliminary hearing.

Under California Penal Code § 859, once a felony complaint is filed, "both the defendant and the people have the right to a preliminary examination...within ten court days of the date the defendant is arraigned."

Among those who have taken -- or who plan to take -- advantage of this right are O.J. Simpson, Robert Blake, Scott Peterson, Phil Specter; and Courtney Love. So do many non-celebrity defendants.

Why is the right to a preliminary hearing valuable to the defendant? Technically, a preliminary hearing is meant to satisfy the judge that there is enough evidence for the prosecution to go forward. But in practice, its import is quite different.

Generally speaking, a preliminary hearing forces the prosecution to present the basis of its case on the record -- and therefore allows the defense to better prepare itself for trial.

Moreover, the preliminary examination is an opportunity for the defense to set its own stage. Specifically, the defense can present affirmative defenses; try to negate an element of an offense; and try to impeach prosecution witnesses.

What might the Jackson preliminary hearing have looked like? It probably would have focused on impeaching the testimony of the alleged victim.

But now, Jackson has lost that opportunity, due to the D.A.'s switch-a-roo. While it is technically legal, this switch is unfair. As noted above, as soon as the complaint was filed, Jackson gained a right to a preliminary hearing. Now the prosecutors have defeated the very right they themselves triggered -- and apparently, they've done so simply to put the defendant at a tactical disadvantage.

Even if the law allows them to have their cake and eat it too this way, that doesn't mean it's right. The prosecution took advantage of all the negative publicity their complaint engendered. Now its trying to magnify that advantage with the negative publicity the indictment is causing. And meanwhile, the only real chance Jackson had to combat that publicity -- at the preliminary hearing -- has been ripped out from underneath him.

The Indictment Versus the Complaint

Having considered why the indictment was filed, let's now compare the indictment to the complaint.

First, the alleged victim is the same -- and no other alleged victims are mentioned. Despite publicity suggesting there may be other accusers, the indictment does not reference them.

Second, the basic charges as to what was allegedly done to the accuser victim are the same -- though the number of counts has changed.

The complaint alleged seven counts of Lewd Act Upon a Child; the indictment alleges four, plus one count of Attempted Lewd Act Upon a Child. (This count describes Jackson allegedly having a child perform such an act upon him.) So what happened to the two missing lewd acts -- and why wasn't the attempt described as such in the first place?

The complaint alleged two counts of Administration of an Intoxicating Agent; the indictment alleges four. What does this mean -- that between the complaint and the indictment, the accuser remembered two more instances in which Jackson supposedly gave him intoxicating substances? If so, what possible explanations are there for his renewed memory?

Unlike fine wine, memories generally do not get better with the passage of time. Instead, typically, they fade. When a witness' memory of an event sharpens over time, this is a phenomenon that mustn't be ignored by either side -- prosecution or defense.

Weirdly, the dates have changed too. The complaint said that five of the seven "lewd acts" allegedly occurred "on or between February 7, 2003 and March 10, 2003," and all the other counts occurred between February 20 and March 10, 2003. But the indictment says that all but the new conspiracy charge (which I will discuss next) occurred between February 20, 2003 and March 12, 2003.

Note that this isn't just narrowing the time period -- it's also lengthening it! Suddenly something happened on March 12 that was not included in the complaint. But why not?

Either the accuser was confused or had memory problems, or the prosecution bungled its complaint, or the grand jury refused to indict on some charges, and corrected the dates on others -- or all of the above. Any way you slice it, it's not good for the prosecution.

The original charges -- the backbone of this case -- were the product of months of investigation. For this reason, the grand jury indictment not to match the complaint, is curious at best, and at worst, potentially disastrous for the prosecution.

The Indictment's Strange Conspiracy Charge: No Names Given; No Acts Described

Then there is the new charge: a single count of Conspiracy, alleged to have occurred between February 1st and March 31st, 2003.

The indictment lists three ominous-sounding objects of the alleged conspiracy: Child Abduction, False Imprisonment, and Extortion. (In the law, "false imprisonment" is essentially keeping someone a prisoner on the premises.)

Not only is this charge new, it is the top charge in the indictment -- the one that exposes Jackson to the greatest prison term if convicted. Thus, it deserves careful scrutiny.

Unfortunately, even defense counsel will not have access to the sealed specifics of the charge until May 3, and the rest of us will be denied access until the court rules otherwise.

The result is that the 28 "overt acts" alleged in the indictment remain unknown -- a crucial omission, as a conspiracy, by law, requires not only an agreement but also an overt act committed in furtherance of the conspiracy. In other words, it can't be just thought; it must, at some point, be proved to have resulted in an action or actions. But the indictment never answers this question: What were those actions?

Even this limited description of the conspiracy count raises some potential problems with this charge. At least two people must participate in a conspiracy, by law. A conspiracy is essentially a criminal agreement, and it takes two to agree. Yet no co-conspirators are named.

Also, if there truly were conspirators in the alleged abuse of a child, why have they too not been charged? Perhaps they are negotiating pleas to charges that, thus far, the prosecutor has only been able to threaten, in exchange for their cooperation.

If plea negotiations are indeed ongoing, then the conspiracy charge may be even more troubling than it looks. It may well have been added on not to terrify Jackson with an even longer prison sentence, but to terrify those they believe may be co-conspirators with similarly lengthy sentences. These persons are likely members of the Jackson entourage, especially those who worked at Neverland.

Conspirators can be sentenced for each other's actions as if they themselves committed the target offense personally - even if "all" certain participants did was "conspire" to commit a target offense, but not actually get their hands dirty, so to speak. Under California law, any alleged co-conspirators could be facing as long a sentence as Jackson faces.

Prosecutors may have added the conspiracy charge simply to gain greater leverage, or garner certain evidence it so far lacks.

After all, the idea that a group of people agreed Jackson would molest children seems very unlikely. More likely, if the molestation allegations are true, would be aiding and abetting

-- not conspiracy -- by members the entourage. But to charge aiding and abetting would require naming names; adding a conspiracy charge so far has not.

Again, while it may (or may not) be legal for an indictment to have so many crucial gaps, it's not the right thing to do to allow those gaps to stand. Defendants need to know who they supposedly conspired with, and what they supposedly conspired to do -- and to know it when the indictment is issued, not later.

Another Issue: A Multiple-Choice Conspiracy, Standing Alone, Suggests Weak Proof

Meanwhile, another potential problem with the conspiracy is indicated by the fact that the conspiracy count is written like a multiple-choice quiz. Typically, a prosecutor who believed a conspiracy had these objects might charge them this way: one count of "Conspiracy to Commit Child Abduction," one count of "Conspiracy to Commit False Imprisonment," and one count of "Conspiracy to Commit Extortion."

Charging a single count but including three possible objectives may suggest that the prosecutor's knowledge of the conspiracy is limited, and that he is hoping the evidence will support at least one of these alleged objects.

But if the co-conspirators are going to be witnesses -- which would probably be necessary to prove a conspiracy -- then shouldn't the prosecutor know all about the conspiracy?

Stranger still, is that Jackson has not been indicted on the actual objects of the conspiracy itself. In other words, the crimes of Child Abduction, False Imprisonment and Extortion are not charged as stand-alone crimes -- nor are they even charged as attempted crimes.

What is really going on here? Perhaps the missing charges mean the grand jury refused to indict despite the evidence presented. Or, perhaps prosecutors were not able to present the grand jury with evidence to support the missing charges -- because supposed co-conspirators in Jackson's entourage would not, or did not, testify against him. Perhaps no such evidence exists, and the entourage is telling the truth after all.

The Best Strategies for the Defense to Pursue

Obviously, all these issues surrounding the indictment may end up boosting the defense.

Another strong argument on the part of the defense was made by Jackson's former defense team, Mark Geragos and Ben Brafman, and probably will be pursued by Jackson's current attorney.

In essence, defense counsel contended that the over-the-top security measures employed by the prosecution, in an effort to keep the grand jury proceedings under wraps, may have intimidated witnesses and grand jurors. In a prior argument, Geragos urged, "If you believe what is reported, we've got people covered up, wrapped in blankets, put into vans driven around like they're Osama bin Laden's lieutenants and put into a training facility, then admonished in the procedure and then spirited out into the afternoon sun."

The defense may also make points by emphasizing evidence of D.A. Sneddon's vendetta against Jackson. As discussed by Julie Hilden in a prior column, there is copious evidence of this vendetta, and a good argument that the jury should hear it.

Alternatively, the defense could try to convince the judge to dismiss the indictment based on this vendetta, or at least to force Sneddon to be recused -- or, indeed, to disqualify the entire Santa Barbara District Attorney's office -- from the case. Sneddon's unusual decision to take Jackson's right to a preliminary hearing away by indicting after first filing a complaint, will add support to such a motion.

Under California Penal Code § 1424, a criminal action, the defense may move to recuse (also called disqualify) the prosecutor when there is a "conflict of interest" that is likely to prevent the defendant from receiving a fair trial. The motion may be directed to an individual prosecutor, or to the entire prosecutor's office in the county in which the action has been brought.

To prevail, the defendant must demonstrate a reasonable possibility that the D.A. (or D.A.'s office) is not exercising its discretion against him in an evenhanded manner. If the court is persuaded that the district attorney's office has employed its discretionary powers to deprive the defendant of a fair trial, the motion may be granted.

Jackson's best tactic is probably just to move to recuse Sneddon -- for several reasons. First, even if the motion doesn't succeed, it's worth alerting the judge to all of Sneddon's behavior; this way, the judge may be all the more vigilant to protect Jackson's rights as the case proceeds to trial.

Second, recusing the office is not only unlikely, but could be detrimental. The case would then be placed either with the office of the California Attorney General, or a special prosecutor. Some of you may recall California Attorney General Bill Lockyer himself making inappropriate comments in April of last year when the Scott Peterson case finally broke.

It was Mr. Lockyer who took to a public microphone and referred to the case against Scott Peterson as a "slam dunk" -- this within hours of his arrest.

Although the district attorney in this case has been battle-ready for some time, I have a feeling Michael Jackson has only just begun to fight.


--------------------------------------------------------------------------------

Jonna M. Spilbor is a frequent guest commentator on Court-TV and other television news networks, where she has covered many of the nation's high-profile criminal trials. In the courtroom, she has handled hundreds of cases as a criminal defense attorney, and also served in the San Diego City Attorney's Office, Criminal Division, and the Office of the United States Attorney in the Drug Task Force and Appellate units. In 1998, she earned certification as a Court Appointed Special Advocate with the San Diego Juvenile Court. She is a graduate of Thomas Jefferson School of Law, where she was a member of the Law Review.


http://writ.news.findlaw.com/scripts/print...04_spilbor.html

Asbury Park man turns over Michael Jackson items to investigators
(Mon, May/03/2004)


TRENTON, N.J. - A New Jersey man once awarded a warehouse full of Jackson family memorabilia in a bankruptcy settlement turned over undershorts and other items to authorities investigating the Michael Jackson child molestation case.

Henry V. Vaccaro Sr. of Interlaken said he found Calvin Klein briefs balled up in the bottom of a wardrobe containing several of the pop star's costumes.

The briefs and several other items, including photos of Jackson posing with two boys, were seized several weeks ago by the Monmouth County Prosecutor's Office at the request of California authorities, the New York Post reported in its Sunday editions.

Robert Honecker, the county's first assistant prosecutor, confirmed that his office collected some evidence from Vaccaro's warehouse in Asbury Park on March 5 and returned to the warehouse with investigators from the Santa Barbara District Attorney's office in March 17 and collected more items.

Honecker declined to say why the items were sought.

A spokesman for the Santa Barbara District Attorney's Office declined to comment, citing a protective order issued by the judge presiding over the pop star's case.

Vaccaro said he was told that authorities plan to use the underwear for DNA comparison. Although Vaccaro initially said investigators took two pairs of shorts, authorities said it was only one pair.

Vaccaro said two Santa Barbara sheriff's officers later came to the warehouse and "found a few other things they were interested in," including two handwritten notes from Jackson and a list of "rules" children were to follow when staying at the singer's 2,600-acre Neverland Ranch in Santa Maria, Calif.

Among the rules were that the children - whom Jackson referred to as "rubbers" - had to watch two episodes of "The Three Stooges" daily, know the Peter Pan story by heart and to be "idiots and act crazy at all times."

Other items taken included a note in Jackson's hand urging his sister-in-law to read to her three children a news article about child molestation. "It brings out how even your own relatives can be molesters of children, or even uncles or aunts molesting nieces or nephews," the note read.

Jackson pleaded not guilty Friday to a grand jury indictment that expanded the child molestation case against him to include a conspiracy count involving allegations of child abduction, false imprisonment and extortion.

Last month, Jackson won a legal fight to shut down a pay-per-view Web site operated by Vaccaro. A U.S. District Court judge in Los Angeles also said Vaccaro could not sell the pop star's possessions, but Vaccaro said he had shipped the goods to a European buyer weeks ago.

A lawyer for Jackson said he will seek a court order to have the memorabilia returned from either Vaccaro or a buyer. The collection included gold-trimmed costumes, financial documents, letters, awards, and one of Jackson's first outfits worn with the Jackson 5.

Vaccaro, 63, said he was awarded the Jackson family's possessions following nine years of legal wrangling stemming from a failed business venture that wound up in bankruptcy court.


--------------------------------------------------------------------------------

Article's URL:

http://www.phillyburbs.com/pb-dyn/news/104...004-293600.html

Police take Michael Jackson items
Police have seized items of Michael Jackson memorabilia for possible use in his trial on child abuse charges.
The items, including a pair of Calvin Klein briefs, were secured by police in New Jersey in March, said Robert Honecker, a prosecutor in California.

They belonged to a man who had acquired them under a legal settlement with the Jackson family several years ago.

On Friday Mr Jackson, 45, appeared in court in California and pleaded not guilty to 10 child molestation charges.

A grand jury has now decided there is enough evidence for him to face a trial.

Request

He is facing a fresh charge of conspiracy to abduct a child. The new conspiracy count includes 28 allegations of "overt acts" including false imprisonment and extortion.

Mr Honecker said the memorabilia items had been taken following a request from the district attorney in Santa Barbara County, California, where Mr Jackson lives.

Owner Henry Vaccaro had recently contacted Santa Barbara investigators to let them know what items he had in his possession.

"Mr Vaccaro was very co-operative," said Mr Honecker.

A second police visit to his warehouse had also uncovered some handwritten notes and photographs. All the items had since been sent to the Santa Barbara prosecutor's office.

Last month Mr Jackson's lawyer said he would sue for the return of memorabilia items sold by Mr Vaccaro to a European buyer.

Mr Vaccaro had been awarded them after a bankruptcy legal case. He admitted he had already sold the goods on for more than £792,000.

Mr Jackson's lawyer, Brian Wolf, had said the possessions should never have been included in the goods given to Mr Vaccaro as part of the bankruptcy settlement.


Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/ente...ent/3681927.stm

Published: 2004/05/04 08:33:28 GMT

5/04

LOS ANGELES (AFP) - Pop superstar Michael Jackson is laying low again as a surprise conspiracy charge casts a new shadow over his fight against child molestation charges.

The 45-year-old self-styled "King of Pop" quickly disappeared after his appearance in court last Friday when a 10-count indictment was read to him.


Jackson again pleaded innocent at the hearing in the Californian town of Santa Maria.


But the charge of conspiracy to abduct a child was put for the first time and experts said it could become the centrepiece of the prosecution case at a full trial.


It could even be more damaging to the singer than the four charges of committing a lewd act on a child -- said to be a 12-year-old boy -- one of an attempted lewd act, and four of plying a child with alchohol.


"It is a powerful tool for prosecutors," said Dan Simon, a legal expert at the University of South California.


The charge of conspiracy to abduct a minor, which also includes false imprisonment and extortion, is likely to be the most difficult allegation for Jackson's lawyers to defend, the experts said.


USA Today newspaper said prosecutors are expected to pressure former Jackson aides to testify against him by threatening them with a charge of conspiracy to commit child abduction.


The new charge appears to put several former aides to Jackson in legal jeopardy, the newspaper added. But the indictment made public erased the names of other people accused with the singer.


USA Today quoted Joseph Tacopina, a lawyer for two former Jackson staffers, as saying that Santa Barbara County District Attorney Tom Sneddon wants to prove that Jackson acted with aides to bully the accuser and his family out of telling authorities about Jackson's crimes.


"If Jackson's found guilty of conspiracy, then he can be punished with the punishment of the entire crime, even if the crime itself has not been fully proved. That is how it is," Simon said.


Prosecutors just have to convince a jury that two people had an agreement to commit a crime, Simon explained.


Although Jackson was hit with the fresh charge, it still relates to the same alleged victim.


Debra Obri, an attorney who sat with Jackson's mother and father in court on Friday, said the family had been devastated by the addition of the "heinous" conspiracy charge.


"The family is terrorised. Their child is facing imprisonment," she said.


Legal experts opined that more charges had been added in a bid to keep Jackson's sizeable legal team fully occupied on several fronts.


"I think this is the most serious charge against Michael Jackson," said Loyola University law professor Laurie Levenson.


"The charges say that not only Michael Jackson may have sexually abused a child but he also tried to cover it up.

"They also say there are witnesses who will cooperate in a trial against him."

There was a clear change in Jackson's behaviour at his latest hearing compared to January 16 when he arrived for a hearing 20 minutes late, and came out to dance on the roof of his car for fans.

Jackson arrived more than 40 minutes early this time dressed in a sombre black suit with white shirt, red tie, red armband and glasses. Legal experts said this showed the singer was now taking the case more seriously.

The 10-count indictment against the singer was based on closed testimony before a grand jury last month.

Five days later, Jackson announced he had fired his two lead lawyers, Mark Geragos and Benjamin Brafman, and hired a new lawyer Thomas Mesereau.

Jackson explained the surprise reshuffling of his legal team by saying his life was in danger.

In his second appearance before the Santa Maria court Friday, Jackson hired a private company to manage his security, instead of the Nation of Islam, in a move that was praised by his ex-publicist Stuart Backerman.

"Of course there had to be a change. Everything was handled very poorly by Geragos and the Nation of Islam," Backerman said.

"The indictment was a wake up call for Michael Jackson," the ex-publicist said adding that the star needed to boost his credibility.

Jackson's lawyer declared his innocence and entered a plea of not guilty to all charges on his client's behalf Friday. The singer remains free on three million dollars bail.

"It will be a long battle," Levenson added.


http://news.yahoo.com/news?tmpl=story&cid=...80043&printer=1

New set of charges awaits Jackson




Singer back in court today as indictment is unsealed

Section: News, Pg. 03a
5/04
SANTA MARIA, Calif. -- Entertainer Michael Jackson returns to court today to learn what he's charged with in a felony indictment that marks a somber new phase in his child-molestation case.

A 19-member grand jury last week found probable cause to hold Jackson for trial. The panel heard 12 days of testimony from 25 witnesses in extraordinary secrecy. Santa Barbara County Superior Court Judge Rodney Melville unseals the indictment today. Lawyers for the 45-year-old pop singer say he will plead not guilty for a second time in the case.

Jackson was arrested Nov. 20 and freed on $3 million bail. A Los Angeles boy, a leukemia patient, accused Jackson of molesting him at the singer's 2,700-acre Neverland ranch. On Dec. 18, Santa Barbara County District Attorney Tom Sneddon filed a criminal complaint. As 1,500 Jackson fans crowded lawns and streets outside the courthouse, the defendant pleaded not guilty on Jan. 16 to seven counts of lewd conduct with a 13-year-old and to two counts of plying the child with liquor to seduce him. The boy is now 14.

When that hearing ended, Jackson delighted his fans -- but chagrined his decorum-minded lawyers -- by climbing onto the roof of his sport-utility vehicle and doing his moonwalk.

Police expect supportive fans to be back in force for today's arraignment of Jackson on the indictment, which replaces the Dec. 18 complaint. The indictment could contain fewer charges against Jackson than those originally brought, or it could add charges.

Switched lawyers

Girding for the new set of allegations, Jackson fired lead defense lawyers Mark Geragos and Benjamin Brafman last weekend and replaced them with Thomas Mesereau Jr. of Los Angeles. Geragos is tied up with the San Mateo, Calif., trial of Scott Peterson, who is accused of killing his wife and their unborn son. Jackson said he needs the "full time" of defenders. He kept Steve Cochran and Robert Sanger on the defense team to provide continuity while Mesereau catches up on the evidence.

Authorities launched investigations after ABC's 20/20 broadcast on Feb. 6, 2003, a British documentary that showed the boy holding hands with Jackson at Neverland. The boy said he had slept in Jackson's bed while Jackson slept on the floor.

The boy's family told investigating authorities later that month that the singer had done nothing wrong. But last June, the boy and his younger brother changed their story. They reportedly told a psychologist that Jackson had acted inappropriately. The psychologist relayed the allegations to police.

With the unsealing of the indictment, defense lawyers will get a copy of the transcript of the grand jury proceedings. They can use the transcript at trial to impeach witnesses who tell inconsistent stories. And the transcript is expected to be the basis for months of pretrial attempts to get the indictment dismissed. Among potential grounds for dismissal:

* Any use of hearsay or other evidence inadmissible in court.

* Any significant failure by prosecutors to tell grand jurors of evidence tending to exonerate Jackson. At a court hearing Aug. 2, Jackson's lawyers handed prosecutors a stack of binders containing 161 exhibits allegedly clearing Jackson. "It's a Pandora's box and a possible curse," says Robert Landheer, a Santa Barbara defense lawyer not connected with the case. "It becomes a laundry-list catalog of all kinds of issues that can be raised against the indictment."

* The super-secrecy of grand jury sessions. Saying that a fair trial and the young accuser's privacy required keeping reporters at a distance, Sneddon bundled witnesses into vans with blacked-out windows. Witnesses included the two boys and their mother. They testified at a barricaded sheriff's training facility. Geragos complained that witnesses were "wrapped up in blankets like they're Osama bin Laden's lieutenants," which pressured grand jurors and suggested that Jackson is a dangerous person.

Sealed documents

In California, grand jury transcripts are usually released to the public 10 days after an indictment. But Melville, citing the perils to a fair trial that publicity could pose, has sealed document after document in the case. He's expected to keep the transcript away from reporters until a trial ends. Assuming that challenges to the indictment fail, a trial isn't expected to begin until early next year.

Supporters of Jackson planned a candlelight vigil outside Neverland on Thursday night. A bus caravan was organized to bring fans the 160 miles from Los Angeles to Santa Maria today. The Royal Copenhagen Inn in Solvang, 40 minutes from the courthouse, was offering a one-night-only "Michael Jackson rate" of $60 Thursday night.

The bow-tied Nation of Islam security guards who flanked Jackson at his last court appearance won't be with him today. Mesereau hired a private security firm instead.

Melville denied media requests for live broadcast coverage of the arraignment. The 136 journalists admitted to the courtroom and an overflow room include TV reporters from Japan, Germany, Britain and Australia.

Key dates in the molestation case

2001: A leukemia patient being treated at Childrens Hospital Los Angeles expresses a "last wish" to meet Michael Jackson. Nightclub owner Jamie Masada, a friend of the boy's family who has introduced other children to Jackson, arranges a meeting. Jackson brings the boy and his family to his Neverland estate, pays the medical bills, buys the mother a car and gives the family an apartment in L.A. The boy's mother and father are estranged.

Feb. 6, 2003: ABC broadcasts parts of a BBC documentary in which the boy says he has slept in Jackson's bed while Jackson slept on the floor. Jackson says he has let boys sleep in his room but says it is innocent fun and not sexual.

Feb. 14-27, 2003: A Los Angeles school official sees the broadcast and complains to county child welfare authorities, demanding an investigation of Jackson's conduct. The boy, his mother, his sister and his brother deny any wrongdoing by Jackson. The county drops the probe.

Feb. 28-April 16, 2003: Santa Barbara County sheriff's deputies start their own probe but cancel it because of denials by the family.

April 2003: The family distances itself from Jackson. The mother hires a lawyer for a possible lawsuit against the BBC producers and to force Jackson to return family belongings from Neverland. In May, she's referred to Larry Feldman, the lawyer who in 1994 secured a multimillion-dollar settlement between Jackson and another boy. Feldman meets several times with the boy and his mother and refers them to psychologist Stan Katz.

June 2003: According to Katz's report to police, which ABC's Good Morning America broadcast April 20, the boy tells Katz that Jackson gave him liquor and showed him pictures of nude women on a computer. The boy said he had seen Jackson naked and that the singer had commented on his need to masturbate. Katz says the boy's younger brother told him he saw Jackson touch the boy inappropriately when the boy was passed out from the liquor. Katz and Feldman take this story to the Santa Barbara sheriff's office.

October 2003: The mother files for divorce, saying the father is guilty of spousal abuse and child cruelty. The father pleads no contest to these criminal charges. He and his lawyer are in a custody fight with the mother. They say the mother is lying about Jackson.

Nov. 18, 2003: Santa Barbara sheriff's deputies search Neverland, the office of a private investigator working for Jackson, the home of a videographer for Jackson, and the offices of a film company. They seize at least 16 computers, a digital camera, videotapes and DVDs.

Nov. 20, 2003: Jackson flies from Las Vegas to Santa Barbara, is handcuffed and placed under arrest at the county jail. He's freed on $3 million bail.

Dec. 18, 2003: The criminal complaint is filed. It includes seven counts of lewd conduct with a child and two of providing alcohol as a means of committing molestation. Jackson could serve more than 20 years in prison if convicted on all counts.

Jan. 16, 2004: Jackson is arraigned at the branch county courthouse in Santa Maria, Calif. He arrives 14 minutes late and pleads not guilty.

March: New searches are conducted at various locations on new warrants.

March 29: A grand jury that began selection March 25 starts hearing testimony.

April 21: Jackson is indicted. Contents of the document are sealed.

April 24: Jackson fires lead defense lawyers Mark Geragos and Benjamin Brafman, replacing them with Thomas Mesereau Jr.

April 30: Jackson is due to appear for arraignment on the indictment. He plans to plead not guilty, attorneys say. The indictment will be unsealed.

Compiled by Martin Kasindorf

© USA TODAY, 2004

Jackson pleads not guilty
IN COURT: The 10-count indictment includes abduction, extortion charges

By DAWN HOBBS and SCOTT HADLY
NEWS-PRESS STAFF WRITERS

Pop star Michael Jackson walks into court.


A subdued Michael Jackson pleaded not guilty to child molestation charges and a surprise new allegation of conspiracy to commit child abduction, extortion and false imprisonment.

The new allegation, revealed Friday in a packed Santa Maria courtroom, means the case against Mr. Jackson has widened to include other people, possibly two former employees who have not been charged. It also means the prosecution can now bring in evidence that would not otherwise be admissable.

Wearing a black velvet jacket, red armband and tie, and rimless eyeglasses, the entertainer listened quietly while Superior Court Judge Rodney Melville read each charge from a recent grand jury indictment that included 10 felony counts.

The heavily edited indictment omits the names of the alleged co-conspirators and blocks out more than six pages describing the 28 "overt acts" allegedly committed to further the conspiracy.

Attorney Joe Tacopina told the News-Press the indictment is likely referring to two of Mr. Jackson's former employees. He said the mother of the boy who accused Mr. Jackson of molestation claims Frank Tyson and Vince Amen kept her and her family at the Neverland Valley Ranch against their will.

Mr. Tacopina denies that the two men, his clients, were involved in any conspiracy.

The unveiling of the new charge was the most striking development in the case that has been cloaked in secrecy and further shrouded by a court-imposed gag order that prevents attorneys or law enforcement from commenting on the charges.

Mr. Jackson's Friday court appearance was a stark contrast to his circuslike appearance in January. He arrived 40 minutes early and sat silently, with his new lead lawyer, Thomas A. Mesereau, and co-counsels Robert Sanger and Steve Cochran at his side. His family sat behind him, some holding hands for support.

Outside the courtroom, only 500 spectators were on hand, about a third the number that turned out in January. Fans waved signs, tried to lead others in cheers and even sang songs, but it was a much different scene than in January, when they rushed the street after the pop star hopped on top of an SUV and did some dance moves.

In January, Mr. Jackson pleaded not guilty to seven counts of committing lewd acts with a child and two counts of administering alcohol to allegedly commit the molestation.

District Attorney Tom Sneddon subsequently took the unusual step of calling a grand jury to hear evidence in the case.

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MIKE ELIASON/NEWS-PRESS
European fans crowd the fence on Friday morning.


The earlier charges were dismissed Friday and the new ones handed down by the grand jury were revealed.

Mr. Jackson now faces the one conspiracy count, four counts of committing lewd acts, one count of attempting to commit a lewd act and four counts of administering alcohol to commit child molestation.

If convicted, Mr. Jackson could serve up to 18 years and 8 months in prison. This is almost two years less than what Mr. Jackson could have faced under the old charges, but legal experts say the conspiracy charge strengthens Mr. Sneddon's hand.

"First, it makes it a much more serious case," said Laurie Levenson, professor at Loyola School of Law.

"Second, the prosecution can use this to explain why the victim initially denied the molestation. Third, it allows the prosecution to put the squeeze play on possible insiders to testify against Jackson. And fourth, prosecutors love conspiracies because they are relatively easy to prove."

The alleged abduction, extortion or false imprisonment does not have to be proven, only that Mr. Jackson and others had planned to do so, Ms. Levenson said, adding: "Martha Stewart was never indicted on insider trading, and yet she is still going to jail on conspiracy. Michael Jackson may or may not be convicted on the lewd acts, but if he tried to cover anything up, he could still be convicted of the conspiracy charges."

Steve Balash, a prominent defense attorney in Santa Barbara for 33 years, concurred. For instance, once the trial begins, the defendant starts out "behind the 8-ball," he said, when jurors hear a recitation of 28 "overt acts" alleged in the conspiracy count, even before anyone testifies. Prosecutors are also allowed to introduce evidence, such as hearsay statements, in support of a conspiracy charge.

The defense has repeatedly said the molestation allegations surfaced over the failed attempt by the accuser's family to get money from Mr. Jackson.

After the hearing, Mr. Mesereau emerged from the courthouse and said it was "a great honor and great privilege" to appear before Judge Melville "who is an outstanding, and fair and decent judge."

In his statement, which was approved by the judge, Mr. Mesereau then subtly distinguished himself from former lead lawyers Mark Geragos and Benjamin Brafman: "I want to make clear what this case is about. This case is not about lawyers and anyone else becoming celebrities. This defense is going to be conducted with dignity at all times. This case is about one thing only. It's about the dignity, the integrity, the decency, the honor, the charity, the innocence and the complete vindication of a wonderful human being named Michael Jackson."

When Mr. Jackson stepped up to the microphone, he said: "I would like to thank the fans around the world for your love, your support from every corner of the earth."

He also thanked his family, particularly his brother Randy, and then the residents of Santa Maria: "I want you to know that I love the community of Santa Maria very much. It's my community. I love the people. . . . My children were born in this community. My home is in this community."

Mr. Jackson's troubles emerged last November when law enforcement officers raided his Neverland Valley ranch and he was later charged with molestation. Then grand jurors issued the indictment April 21 after hearing 12 days of testimony from witnesses, including the young accuser, his mother, brother, sister and psychiatrist.

Citing the need to protect the identity of the alleged victim and not taint the jury pool with pretrial publicity, Judge Melville ruled Friday that much of the detail in the indictment will remain secret. The defense lawyers, who are not allowed in the secret grand jury proceedings, will receive a copy of the transcript Monday. A hearing on whether the transcripts should be sealed or made public is scheduled for May 28.

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MIKE ELIASON/NEWS-PRESS
Michael Jackson's new defense attorney, Tom Mesereau Jr., center, awaits his client's arrival in Santa Maria on Friday morning.


Local attorneys were stunned that nearly half of the 13-page indictment had been kept secret.

"I've never seen that done before," said Mr. Balash.

Mr. Tyson, who was Mr. Jackson's former personal assistant, and Mr. Amen, who was vice-president of MJJ Productions, had been asked to testify before the grand jury. But Mr. Tacopina said he declined to allow either to appear.

Mr. Tacopina previously told the News-Press that the accuser's mother wanted to hide out at the Jackson ranch because people accused her of being "a bad mother" after the Martin Bashir video aired showing her son holding hands with Mr. Jackson. He says the mother also requested that Jackson aides help her move to Brazil. The incidents of molestation allegedly began shortly after the video aired — which the defense has said is yet another indication the accusations surfaced because Mr. Jackson declined to give money to the boy's family for his appearance in the video.

On Friday, Mr. Tacopina said from his New York office: "The allegations mirror what I've heard the district attorney attribute to my clients. I still have not been able to confirm if they've been indicted or not.... But clearly, these are the allegations about holding them against their will at Neverland — the one of false imprisonment — and then the extortion could be the allegation made that Frank threatened the family not to say anything about the alcohol. That's what it looks like.

"In no way, shape or form do I even remotely concede there is an ounce of truth to these charges," Mr. Tacopina said. "Frankly, I don't think I'll have any difficulty in challenging the credibility of those allegations. We will meet these charges head-on with vigor."

Staff writers Chuck Schultz and Scott Steepleton contributed to this report. Dawn Hobbs can be reached at dhobbs@newspress.com.

THE COUNTS

Michael Jackson pleaded not guilty Friday to charges contained in a 10-count grand jury indictment, each of them felonies. Counts two through five carry further allegations that could affect Mr. Jackson's sentence if he is convicted. Those allegations state that the victim, listed as ''John Doe,'' was under 14 and that Mr. Jackson had ''substantial sexual conduct'' with him.

Count one: Conspiracy involving child abduction, false imprisonment and extortion. The circumstances leading to the charge and the names of the alleged co-conspirators were deleted from the version of the indictment released publicly. The conspiracy is alleged to have occurred between Feb. 1 and March 31, 2003, and includes other co-conspirators. The indictment says the conspiracy involved 28 specific acts, but those also are deleted from the public version. The count carries a minimum sentence of two years and a maximum of four years and a $10,000 fine, according to the California Penal Code.

Counts two through five: Lewd act upon a child under the age of 14, alleged to have occurred between Feb. 20 and March 12, 2003. Each count is punishable by a mandatory prison sentence of three to eight years.

Count six: Attempt to get a child under age 14 to commit a lewd act upon Mr. Jackson, alleged to have occurred between Feb. 20 and March 12, 2003. The count is punishable by a prison sentence of three to eight years.

Counts seven through 10: Administering an intoxicating agent — alcohol — to assist in the commission of child molestation. Each count carries a 16-month to three-year sentence.

— ASSOCIATED PRESS

JACKSON'S STATEMENT

Michael Jackson made a brief statement as he left the courthouse after pleading not guilty to charges in a grand jury indictment:

"I would like to thank the fans around the world for your love, your support from every corner of the earth.

"My family has been very supportive, my brother Randy, who's been incredible.

"I want to thank the community of Santa Maria. I want you to know that I love the community of Santa Maria very much. It's my community. I love the people. I will always love the people.

"My children were born in this community. My home is in this community. I will always love this community from the bottom of my heart. That's why I moved here.

"Thank you very much."


http://www.newspress.com/mjacksonupdate/0501pleadsnot.htm

Michael Jackson visits British Parliament

LONDON - Michael Jackson met Britain's top legal official and attended a birthday party for the country's

first black Cabinet minister during a visit to Parliament Friday.  Jackson's entourage, including the psychic

Uri Geller and American illusionist David Blaine, swept up to the House of Commons in a convoy of

limousines with blacked-out windows Friday morning.  Jackson was greeted by Lord Janner, a peer from the

governing Labor Party, who set up the visit as a favor to Geller.  "Uri is a great friend of mine ... and asked

whether I could arrange this for him because Michael wanted to see the Palace of Westminster," Janner

said.  "I think this is great fun, a marvelous occasion, totally unique."  The singer, wearing a black tuxedo

with satin lapels and a white wing collar shirt, posed with Janner and Geller on the steps of Parliament

before going inside.  Famously media-shy, Jackson had little to say, beyond remarking that "this is all

incredible."  Jackson met the Lord Chancellor, Lord Irvine, and attended a birthday party for Paul Boateng

recently appointed chief secretary to the Treasury in a Cabinet reshuffle.  He was also shown the debating

chambers of the House of Commons and the upper, unelected House of Lords as well as the historic

Westminster Hall, where the body of Queen Mother Elizabeth lay in state after her death earlier this year. 

Parliament was not sitting Friday, so there were few lawmakers around. But as news of the singer's arrival

filtered through to staff, a handful gathered to wait for his arrival. Later, Jackson was to travel by train

to the southwestern English city of Exeter, where he was to be made an honorary director of Exeter City

Football Club.  Asked by reporters outside Parliament if he liked soccer, the star replied, "I know nothing

about it."

(scl/jw)

Michael Jackson Wowed by British Parliament

LONDON  - American superstar Michael Jackson took a guided tour of Britain's Houses of Parliament on

Friday, declaring the gothic palace ``a miracle'' and gazing in awe at Queen Elizabeth's golden throne.  ``I

want that,'' the pop legend told his entourage as he admired the throne where Britain's monarch sits once

a year to formally open parliament in the ornate House of Lords.  ``Can you get it up to the ranch?'' one of

his assistants asked three burly bodyguards.  Jackson, accompanied by escapologist David Blaine and

spoon-bending psychic Uri Geller, was making a whirlwind visit to Westminster on a brief trip to Britain

after asking to see the ``mother of parliaments.''  Jackson and Blaine showed particular interest in the

extensive House of Lords library. ``Do they have cartoons?'' Jackson asked. Blaine asked librarians to

track down a copy of a 400-year-old book of magic -- ``The Discovery of Witchcraft.''  ``They burned most of

the copies,'' he explained.  Jackson was shown a statue of World War Two Prime Minister Winston

Churchill, a vast canvas depicting the death of naval hero Admiral Nelson, and the original warrant for

the execution of King Charles I.  ``It's incredible. It's a miracle,'' said Jackson, wearing a black tuxedo with

satin lapels. ``I was impressed with the architecture most.''  The pop star was puzzled when told not to sit

on the green leather benches in the House of Commons where British MPs often gather for marathon

debates.  ``Why can't one sit there? What's the purpose?'' he asked, before briefly settling onto one of the

benches to test it. ''Are they comfortable after hours and hours?'' he asked.  Jackson's unannounced visit

took many tourists by surprise.  ``It's totally amazing,'' said star-struck Emilie Williams, 20, from Cedar

Falls, Iowa, who said that seeing Jackson had eclipsed any of the marvels in the historic parliament.  The

singer also stopped to marvel at the towering Westminster clock known as Big Ben. Blaine, who recently

leapt off an 80-foot (24-meter) pillar he had been standing atop for nearly 35 hours in New York's Fifth

Avenue, said he would like to climb up it.  The three friends were traveling later to the southwestern city

of Exeter for a children's charity event organized by the local soccer club, where Geller is a director.

(reuters)