2005 trial of Michael Jackson

In 2005, Michael Jackson went to trial on child molestation charges. The alleged victim was a boy, Gavin Arvizo, referred to as "the accuser." Arvizo was 13 years old at the time of the alleged crimes. Michael Jackson was indicted for conspiracy with five (unindicted) co-conspirators to abduct the accuser, his sister, and his brother, falsely imprison and extort the same children and their mother, and for sexually molesting the accuser. On June 13, 2005, the jury found Jackson not guilty on all charges.

Trial

The jury selection for the jury trial started on January 31, 2005, and lasted less than a month. Twelve out of about 200 people were selected for the final list of jurors in the 2005 Michael Jackson trial.

Related Topics:
Jury - Jury trial - January 31 - 2005 - List of jurors in the 2005 Michael Jackson trial

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Both the prosecution and the defense had many witnesses, although fewer than planned. Melville allowed Jay Leno, defense witness, to continue making jokes about Jackson and the case as long as they were not related to an incident about which he would act as a witness in the trial.

Related Topics:
Witness - Jay Leno

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Because no television cameras were allowed inside the courtroom, E! and British Sky Broadcasting broadcasted a re-enactment of the trial. It aired Monday thru Friday at 7:30 and 9pm.

Related Topics:
E! - British Sky Broadcasting

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Bashir refused to answer any question regarding unpublished footage of his documentary, or anything about how it was prepared and produced. This refusal was based on the California Constitution's journalist shield law and the First Amendment privilege for journalists. Melville decided that the defense could submit a motivated request to Melville to have Bashir return to testify more, against which Bashir could file opposition. Also Melville agreed that before possibly charging Bashir with contempt of court for refusing to answer, Bashir would be heard.

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Adult materials found at Neverland were both heterosexual and homosexual, though legal. However, some had fingerprints of the two brothers on them; Jackson is alleged to have shown these adult materials to the brothers for the purpose of grooming, and gave them alcohol. Both were allegedly for the purpose of lowering inhibitions to sexual behavior. Jackson denied this; he claimed that the accuser and his brother were sometimes “out of control” at Neverland, and read his magazines and drank his alcohol without permission, though it could be reasoned that these items could easily have been made unavailable.

Related Topics:
Shown these adult materials - Groom - Inhibition

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

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

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

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

Related Topics:
Naked - Penis - Erect

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

Related Topics:
Genitals - Ejaculate

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

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Witness George Lopez, who has been a friend of the accuser's family, gave the family money, but the father kept asking for more. It was alleged by the defense that the family tried to extort money from Lopez, by claiming that Lopez stole $300 from the family. This allegation was used to illustrate a pattern of family behavior. However, the prosecution says these problems were caused by the father, before the divorce.

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House manager Jesus Salas testified that the accuser's mother was at no time held at Neverland against her will and that she had never complained of her children being taken advantage of at Neverland.

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The accuser's mother, Janet Arvizo, took the Fifth regarding welfare fraud she has committed. For that reason the defense asked Melville not to allow her as a witness at all, but Melville ruled that she could testify without being questioned about the fraud. The defense would later have the opportunity to present other evidence for the welfare fraud (which is relevant for the credibility of the witness).

Related Topics:
Took the Fifth - Welfare - Fraud

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She admitted that she had lied under oath in an unrelated court case.

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In May 2005 the witnesses for the defense testified. Closing arguments of both sides were presented in the beginning of June. Jackson's defence team had to be on 10-minute notice throughout jury deliberations.

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The jury reached a verdict of not guilty on all counts and all lesser offenses for those counts, announced at 14:13 PDT (21:13 UTC), June 13 2005.

Related Topics:
June 13 - 2005

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Alleged prior bad acts (Evidence Code 1108)

Melville allowed the prosecution to present evidence regarding five men (out of seven requested http://story.news.yahoo.com/news?tmpl=story&cid=106&ncid=742&e=1&u=/nypost/20050327/cm_nypost/jacko39s739bad39priors) who, as a boy, allegedly have been involved in bad behavior of Jackson (see also ). Regarding this, the prosecution called a total of nine people to testify, including only one of these five alleged victims: Jason Francia (one other of the five, Macaulay Culkin, testified for the defense). The purpose was to demonstrate a pattern of behavior of Jackson. Bringing in evidence of so-called "prior bad acts" to suggest that a defendant had a propensity to commit certain crimes, is only allowed in a few US states, and only for sex crimes; in California this is Evidence Code 1108.

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• Jason Francia (born 30 May 1980) is the son of Jackson's former maid Blanca Francia, who moved from El Salvador to the US in 1975. She worked for Jackson in the period 1986-1991 at the Jackson family home in Encino, Los Angeles, at Jackson's Century City, Los Angeles apartment which he called "The Hideout", and at Neverland. She often brought Jason along to her work. Jason was a friend of Jackson in the period 1988-1991, when he was 7-10 years old. Allegedly Jackson touched Jason's crotch twice over his shorts, and once touched his testicles from under his shorts, on each of these three occasions for a few minutes during a tickling game. On the first two occasions he received $100 each for not telling his mother. Ca. 1996 Jackson paid the family an additional $2,000,000 to settle the case. Blanca Francia also received $20,000 for a TV interview. She testified too, in spite of the settlement. She did not see sexual activity, just an occasion where Jackson and Jason were lying together partly on, partly in a sleeping bag.
• Jordan Chandler, who allegedly was molested by Jackson in 1993 (see ) has, according to his uncle Ray Chandler, left the country to avoid testifying. Former security guard Ralph Chacon says that at Neverland he saw Jackson putting Chandler's penis in his mouth on one occasion, and touching Chandler's crotch with his hand on another occasion. However, Chacon's reliability is disputed, he has had a conflict with Jackson. Chandler's mother has also testified, see the other article. Former maid Adrian McManus says she once saw Jackson touch Chandler's crotch over his clothes. Bob Jones, who worked for Jackson from 1987-2004 as PR-man and Stacy Brown have written the book "The Man Behind the Mask," to be published in May 2005. As a witness Jones was hesitant whether he did or did not remember Jackson licking Jordy's head.
• Macaulay Culkin - Phillip LeMarque stated that he once saw Jackson with his hand resting on the pants of Culkin when the two were playing video games. Adrian McManus only saw that once Jackson kissed Culkin on his cheek, and had his hand "kind of by his leg, kind of on his rear end". However, Culkin denounced the molestation allegations as "absolutely ridiculous" and said that nothing inappropriate has happened. Culkin testified that he slept in Jackson's bed several times between the ages of 10 and 14, sometimes with other boys as well. He said the sleepovers weren't planned and that he and others would just fall asleep when they were tired.
• Wade Robson - He has confirmed that he has slept in the same bed with Jackson, but he denies that anything inappropriate has happened. Blanca Francia only said that she once saw that they took a shower together, but even that has not happened, according to Robson. Wade's mother, Joy, admitted in cross-examination, that her son went missing for three days with Jackson, causing the police to get involved. But, like the sleepovers, she was confident this was all innocent.http://www.pugbus.net/artman/publish/05072005_regularbloke.shtml
• Brett Barnes - Like Robson, he has confirmed that he has slept in the same bed with Jackson, but he, also, denies that anything inappropriate has happened. Adrian McManus only saw that once Jackson kissed Barnes on his cheek, and put his hand on Barnes' rear end. Brett's sister, Karlee, testified that he slept 365 nights with her brother.http://www.washingtonpost.com/wp-dyn/content/article/2005/05/06/AR2005050601708_pf.html

Charlie Michaels and Charmayne Sternberg were also planned prosecution witnesses, but they did not testify. The witnesses included some of the "Neverland Five" (former security guards Ralph Chacon, Kassim Abdool, and Melanie Bagnall, former office manager Sandi Domz, and former maid Adrian McManus) who lost a lawsuit in 1995 against Jackson.

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

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As part of the evidence to show attraction to boys, the prosecution introduced two books featuring nude prepubescent boys. The books were seized from Jackson in 1993 and never returned

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http://www.courttv.com/news/jackson/012505_dimond_ctv.html. The defense portrayed them as being child erotica or pornography, showing a sexual attraction to boys. However, the defense characterized them as wholly non-sexual, non-pornographic, art books. The defense pointed out that the books were legal to possess, and Jackson was therefore never charged with owning them. While both featured nudity, neither book contains any depictions of sexual acts. Jackson lost possession of the books long before meeting the current accuser, which is why the books were a part of the 1108 evidence. He has never been accused of showing these two books to any boys.

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One book, "The Boy: A photographic Essay" features many pictures of nude boys, including some explicit pictures of genitalia. The pictures were of boys who took part in the 1963 film adaptation of the book

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Lord of the Flies. One book had an inscription saying it was from a fan, which the defense suggested means Jackson might never have even seen it. However, the other book had an inscription on it from Jackson himself, showing he did view this book. The prosecution asked Wade Robson about one of the books, and Robson replied "This is a young boy with his legs open and he's naked"http://www.courttv.com/trials/jackson/050505_ctv.html. However, Robson insisted these books were not pornographic.

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Accuser's mother

The accuser's mother, Janet Arvizo, who now uses Jay Jackson's last name,

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has been identified as the most problematic of the prosecution witnesses.

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Her behaviour of snapping her fingers and staring at the jurors, was criticized by jurors after the trial.

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http://www.theaustralian.news.com.au/common/story_page/0,5744,15615502%255E28737,00.html

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She was often unresponsive to questioning, even by the prosecution.

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She seemed to argue defensively, over seemingly small issues, such as whether she had a body wax or only a leg wax. She even accused the defense of altering a receipt for the body wax.

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Questions were often answered with speeches or catch-phrases, more than answers.

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She made repeated use of a few catch phrases, such as "It's burned inside my memory" and "Money doesn't buy happiness".

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http://news.bbc.co.uk/2/hi/entertainment/4584531.stm

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There were often times when the court erupted in laughter over her answers.

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Depending on which side one supports, her testimony either shows how unreliable she was as a witness, or it shows the accused picked a troubled family.

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Chris Carter

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

Related Topics:
Bodyguard - Las Vegas - Radio Shack - Subway sandwich shop - KB Toy Store - Jack in the Box

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In 2000, Carter was convicted of possession with intent to distribute a controlled substance, and therefore not allowed to possess a gun. http://www.thesmokinggun.com/archive/0323052carter1.html

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In 2004 Carter has been questioned before the Grand Jury http://www.thesmokinggun.com/archive/0222051carter1.html. He appealed the decision that he would be sent to Jackson's trial to testify. He announced that if he had to go, he would take the Fifth Amendment against self-incrimination. The prosecution, after first having him brought to a California prison, and after convincing Melville to allow him as a witness, did not have him testify after all.

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

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Jackson's finances

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

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They claimed that Jackson is a "spendaholic" who was, from 1999 to 2001, spending $35 million a year while earning $11 million to $12 million a year, and as a result is on the brink of bankruptcy. They argued that this could have been a motive for Jackson to resort to the alleged conspiracy to control the PR damage of the Bashir documentary, and thus control the resulting financial damage. Defense argued that $7 million, which television paid for the rebuttal documantary would no way influence situation with loan, so there was never sense to commit crime for those money. Also, defense questioned prosecution's expert estimations of Jackson's assets value, citing that this estimation was done on "when bought" basis and did not include investments in those assets, as well as actual market value.

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

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Court days

As of 15 April 2005, all weekdays from 28 February 2005 were court days, except:

Related Topics:
15 April - 2005

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• 31 March - César Chávez Day (holiday)
• 6 April - funeral of Johnnie Cochran
• 30 May - Memorial Day

A few court days were without jury and without Jackson. On these days motions were discussed and ruled about. These were on 11, 18 March, and the first part of 28 March.

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See http://mjni.com/support/weekly.aspx?dsDays_currentPage=0.

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Verdict

At approximately 2:25pm PDT (21:25 UTC) on June 13, 2005 the jury of the Superior Court of the State of California, held in and for the County of Santa Barbara, determined that Michael Jackson was not guilty on all counts.

Related Topics:
June 13 - 2005 - The jury - Superior Court of the State of California - Not guilty

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The not guilty verdicts on all ten charges, plus four lesser substitute charges, were read aloud by court clerk Lorna Frye. Fans celebrated outside of the courthouse, cheering, waving signs, and even releasing white doves and confetti as the verdicts were announced. The investigation and trial lasted for 574 days.

Related Topics:
Court clerk - Dove - Confetti

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After the trial, some jurors claimed that while they did not have enough evidence (a "smoking gun") to give a guilty verdict, 3 jurors believed that Jackson probably did molest children (but not Gavin Arvizo; the 2003 accuser). http://www.imdb.com/news/wenn/2005-06-15 The most critical of Michael Jackson was Juror #1 Raymond Hultman. After his comments, Juror #3 Susan Derr Drake made clear she thought that Michael Jackson was innocent of all accusations of molestation, including prior allegations.http://news.yahoo.com/s/nypost/20050615/cm_nypost/can39ttouchtherichandfamous/nc:742

Related Topics:
Raymond Hultman - Susan Derr Drake

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Allegations of juror misconduct

Since the trial was over there has been some controversy over the conduct of jurors during deliberations.

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Juror #5 (Eleanor Cook) admitted to illegally bringing in a medical text to show "Jackson fit the book's definition of a pedophile to a T."http://www.nydailynews.com/08-05-2005/front/story/334708p-285846c.html.

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She also admitted to frequently winking at Michael Jackson's mother, Katherine Jackson, even though juror s are supposed to avoid all such communication, no matter how innocent. Allegedly there were three devoted fans of Michael Jackson, who made clear, early on, they would never convict Jackson; with one referring to him affectionately as "my Michael".

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Jurors Cook and Hultman have claimed that the juror foreman threatened to remove them from the jury, unless they agreed to acquit Jackson. So, they voted to acquit, even though they were both sure Jackson was guilty. They both expressed regret about the verdict, despite prior expressions of support for ithttp://metromix.chicagotribune.com/news/celebrity/sns-ap-jackson-jurors,0,364879.story?coll=mmx-celebrity_heds

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