| OPENING
STATEMENTS: The jury will find Michael Jackson not guilty of all charges,
Mesereau says
Created: Tuesday, 01 March
2005
.
.
.
.
On
Monday and Tuesday, February 28th and 29th, 2005, opening statements
by both the Prosecution and Defense were delivered in Michael Jackson's
trial. All twenty members of the jury were present, the 12 main
jurors and well as the 8 alternates. Michael Jackson's mother,
Mrs. Katherine Jackson, as well as his brother, Jermaine Jackson, were
present to support Michael.
Judge Melville began by reading the detailed grand jury indictment,
unsealing its contents officially for the first time and then proceeded
to give the jury specific instructions as to how they are to behave
and handle the events and information given in the trial that was about
to unfold.
Before the prosecution began, the Judge addressed two outstanding motions.
In a motion requested and agreed to by both parties, Judge Melville
made the decision to allow the real names of the ‘complaining witness'
and his family, to be used due to the physical impossibility, on both
sides, of redacting all appearances and utterances of their names from
the thousands of documents and audio/visual evidence involved in this
case.
Secondly, the Judge granted the motion to exclude witnesses from the
proceedings, consequently he ordered all witnesses that may be present
to leave the courtroom as they will not be allowed to be present unless
they are testifying. There were not any witnesses present at the time.
District Attorney Tom Sneddon began his opening statements at 9:10 am,
by stating that “the world was ‘rocked' on February 3, 2003 by the airing
of the ‘Living With Michael Jackson' documentary made by Martin Bashir”
that aired in the UK, and three days later in the US, which included
an interview with Michael Jackson and his accuser discussing their friendship
and Mr. Jacksonl's statements regarding their times together of innocent
fun. The DA alleged that it was anything but, by suggesting an interpretation
of these statement for the members of the jury, to be a cover for something
much more heinous. He implied that Michael's lifelong love and
very public personal crusade to help millions of the world's children,
at his own expense, was suddenly abandoned at this time so that he could
pursue a ‘sexual' relationship with this boy.
When Sneddon attempted to delve into the issue of Mr. Jackson's finances
at the time of the airing of the documentary, Mr. Mesereau objected
and the judge sustained the defense's objection, affirming the fact
that a decision regarding the relevance of Mr. Jackson's financial status
was as yet, undetermined and Sneddon was not permitted to proceed with
the issue. Obviously annoyed, Sneddon continued.
The District Attorney went on to paint a convoluted picture of the events
that followed the airing of this documentary, calling it a “crisis raging
uncontrollable”. He alleged that Mr. Jackson's team was in such a state
of panic over the fallout from this documentary that a complicated conspiracy
to hold the accusers, the Arvizo family, against their will was constructed
to ensure that they would take part in a “rebuttal video” to ‘save'
Mr. Jackson's career and reputation. He also alleged that during
this time of heavy business negotiations and planning to produce this
video response in a “desperate attempt to revive his career', Mr. Jackson
found the time and inclination to molest Gavin Arvizo twice and both
times Gavin Arvizo's younger brother, Star Arvizo, walked in to find
them in bed. Alegedly, Star Arvizo says that he was unseen by Mr.
Jackson or his brother, Gavin and he promptly left the room.
The DA described Mr. Jackson's home, Neverland Valley Ranch, as a “No
Restrictions, No Rules, No Wants” playground that has a almost a strangely
supernatural effect of turning well-mannered, obedient children into
unaccountable, uncontrollable menaces.
.
.
Sneddon also admitted that the mother of Gavin Arvizo, Janet Arvizo,
had made some mistakes in her life, and that she will admit some welfare
fraud, but that is “wasn't for a lot of money,” Sneddon added casually. Later,
defense attorney, Mr. Mesereau, described detailed evidence of the mother's
history of welfare fraud that was stunningly extensive and continual
over a long period of time.
.
.
At 12:40 pm, defense attorney, Tom Mesereau began his opening statements. He
began by affirming that the DA has made some very serious allegations,
by accusing his client, Mr. Jackson of “imprisoning a family,
abducting a family, extorting a family and molesting a child.”
.
.
Mr. Mesereau addressed the riveted jurors in earnest, saying to them
, “An opening statement is a contract between me and you.” He
asserted that he was going to make promises in his opening statements,
promises that he would fulfill and that he would completely disprove
these false charges against Michael Jackson.
He began to outline for the jurors some issues that he urged them to
keep in mind throughout the duration of the trial.
Mr. Mesereau described many other well-known people that have had experiences
with this particular mother capitalizing on her son's unfortunate illness
to illicit money. Mr. Mesereau cited late-night talk show host,
Jay Leno; Comedian, George Lopez; Actress, Renee Watson; Comedienne,
Louise Palanca (sp?); Boxer, Mike Tyson; Actor, Adam Sandler; and Actor,
Jim Carey; Los Angeles Weatherman, Fritz Coleman; among others as those
who had all been contacted by this family. Many described instances
where they had given the mother large sums of money and then found that
instead of the money being used for the boy's medical expenses, as was
promised, that the money was used to buy TV's and DVD players, etc.
Prior to meeting Michael Jackson, the Arvizo family contacted Jay Leno
looking for support for Gavin's “medical expenses.” After receiving
a call from Gavin and hearing the mother, Janet Arvizo, in the background,
Jay Leno immediately called authorities and informed them that “something
was wrong” that this family was “definitely looking for a mark.” Jay
Leno, Mr. Mesereau reminded the court, is not a friend of Michael Jackson
or in anyway associated with him.
Mr. Mesereau made it definitively clear that the boy's medical expenses
were entirely covered by the father's employer the entire time, as he
has full Von's (Grocery Chain) Teamster's coverage. Mr. Mesereau
stated, “I will prove to you in this case that (this family) has a pattern
of ensnaring people for money.”
Mr. Mesereau briefly educated the jury as to who Michael Jackson really
is, as opposed to the man they have seen performing or portrayed by
the media. He described to them a person who had worked very hard,
since the age of 5, essentially a very private person who, “when not
on stage, is very shy and shuns the limelight.” He is also a varacious
reader, whose library contains almost a million books.
Michael Jackson's career is a combination of “genius and very hard work,”
he said. He explained to the jurors that Mr. Jackson really didn't
have much of a childhood. In 1988, Mr. Jackson purchased Neverland and
informed the jurors that they will see in video taken of the ranch that
in contrast to the ‘lure and lair for child molestation that the prosecutor
describes Neverland Valley Ranch to be, it is instead a ‘Disneyland-like'
environment that is an ‘invitation to be childlike' to all those who
visit, young and old alike. Mr. Jackson, he said, created a place
for children to have fun, to be free, spontaneous and innocent. And
he has done that, opening his home on countless occasions for thousands
of children, many of them ill or from inner-cities.
Mr. Mesereau stated that, unfortunately, when Michael Jackson agreed
to meet the cancer-striken accuser, Gavin Arvizo, and his family, unlike
the other celebrities that had been contacted… “he couldn't smell the
ruse.” Mr. Mesereau stated unequivocally that he will “prove that
the mother was trying to find a celebrity to latch on to.”
Michael Jackson wanted to help Gavin Arvizo. Mr. Jackson, an avid
reader and ‘perpetual student of life' had studied proven visualization
techniques to beat disease that he taught and shared with Gavin, encouraging
him to visualize the bad cells being eaten up by the good cells, like
the ‘PacMan' video game. Mr. Jackson took substantial time away
from his career to help Gavin get well and see that his family was provided
for.
He recounted an incident where the mother, Janet Arvizo, had previously
lied under oath in a suit against J.C. Penney where the family, even
after amending their story much later to suddenly include sexual assault
charges, was awarded $152,500.00. Janet's ex-husband confirmed
that Janet coached her children to lie in this case. Later Janet
actually admitted that she lied under oath in this case.
Janet Arvizo claimed in the J.C. Penney case, under oath, that her husband
never beat her. Soon after being awarded $152,500 from J.C. Penney,
she filed for divorce and now claimed that she had been beaten throughout
the entire seventeen years of her marriage. In this divorce application,
she also claimed false imprisonment, terrorist threats and that her
husband has harmed her children.
One month after filing for divorce, Janet Arvizo applied for welfare. Subsequently,
and as became her pattern, Janet Arvizo never reported the $152,500
from J.C. Penney on her welfare application that she signed “under penalty
of perjury.” She also never reported any disability she received
or any gifts on her welfare application, under penalty of perjury. Instead
she perpetually hid the money in the bank accounts of her mother or
fiancé.
Recently, a paralegal that worked on the J.C. Penney case came forward
to say that she knew that Janet Arvizo had lied on the J.C. Penney case
but that she had never come forward because Janet had threatened her,
saying that her husband's brother was in the Mexican mafia.
For Janet Arvizo, Mr. Mesereau noted, Michael Jackson is her third claim
of false imprisonment and her fourth claim of sexual assault.
Mr. Mesereau explained that Janet and her children primarily lived with
her mother or her then fiancé, who is currently her husband. But
oddly, she always kept a very sparsely decorated and barely furnished
studio apartment in a run-down area of East Los Angeles. The family
was almost never there yet, Mr. Mesereau explained that this is the
apartment where she would take celebrities in order to appear as they
were destitute.
He stated to the jury that “Janet Arvizo put into effect a program to
use her son's illness to make money.” He explained that when she
was given money, she refused, repeatedly, to use Gavin's social security
number on a beneficiary bank account. She would hide the money
in her mother's bank account or her fiance's in order to avoid taxes
and so as not to interfere with her welfare benefits.
In one of many instances of welfare fraud, Mr. Mesereau told the jury
that Janet Arivizo also bought a car for $23,000, which she did not
report, under penalty of perjury, only 6 days before applying for welfare.
Mesereau shared that there were many Fund Raiser's held for the benefit
of Gavin's medical bills (that had been actually covered by insurance). Many
of them were arranged by ‘Laugh Factory' founder, Jamie Masada. Jamie
Masada says the money that was fund-raised was given to the hospital. The
hospital asserts that it never received a dime, says Mr. Mesereau.
Mr. Mesereau revealed that the mother had always wanted her kids to
become actors so she had enrolled them in acting classes. They
had met Jamie Masada at a ‘kid's comedy camp' sponsored by the Laugh
Factory.
Janet Arvizo has claimed that she was falsely imprisoned. Mr. Mesereau
described the guest cottage at Neverland where Janet says this took
place, “This cottage was requested and used by Elizabeth Taylor and
Marlon Brando many times.” Additionally, Janet Arvizo returned
to Neverland, of her own free will, during this time she claims she
was ‘falsely imprisoned.' Further, Janet spent $3312.05 during
her shopping trips, on body waxing, spa products and services, lingerie,
clothing and cosmetics from Robinson's May, Anchor Blue, The Gap, The
Jockey Store, and other merchants during her ‘false imprisonment' in
various luxury hotels.
Mr. Mesereau told the jury that Janet claims she was prevented from
knowing the time of day at Neverland. Mr. Mesereau informed to
the jury that there are 2 massive and highly visible clocks, built into
the hillsides of Neverland, that are also lit at night.
Mr. Mesereau informed the jury that the Arvizo's met Michael Jackson
in July 2000. In August 2000, they first visited Neverland. In
October of 2000, Janey Arvizo told Gavin to tell Michael that they have
no means of transportation. Mr. Jackson subsequently gave them
an SUV, however, Mr. Mesereau added that Janet did not want the registration
of the vehicle in her name. Clearly, Mr. Mesereau explained, she
did not want to disclose this on her welfare application either.
Mr. Mesereau told the court that Janet Arvizo made continuous requests
of Michael Jackson, but always used her son Gavin to deliver the requests. The
requests were always granted and they received whatever they needed
or wanted.
In the next segment of the defense opening statements, Mr. Mesereau
encouraged the jury to put prosecutor's description of the reaction
to Martin Bashir's documentary, ‘Living with Michael Jackson' in perspective.
Mr. Mesereau informed the jury that Michael Jackson was indeed
aware that the Santa Barbara Police Dept. was investigating him after
the airing of the documentary, the exact time the prosecutor claims
that the molestation occurred. He stated that, “We will prove that
it (the child molestation) never happened.”
Mr. Mesereau painted a picture of the days following the airing of the
documentary. He agreed with the mother's claim that at that time,
the media was everywhere and the networks were all anxiously bidding
on the ‘rebuttal' video from Michael Jackson. There was a lot of
money to be made and many meetings concerning this were taking place. “There
was great dislike for what Bashir had done to Michael Jackson, but there
was elation for the business opportunity that doing a rebuttal film
presented. Many people around Mr. Jackson stood to make a lot of money.”
Mr. Mesereau articulated.
But contrary to the DA's portrayal of a mother desperate to keep her
children out of the spotlight, Mr. Mesereau told the jury that the mother
wanted distribution rights to the video, when she learned how much money
would be made on it and that her fiancé, Jay Jackson, wanted
a house and a college education paid for the children. When the
answer from Mr. Jackson's team to these requests was ‘no' and the money
stopped, the molestation accusations suddenly began. Mr.
Mesereau stated, “When the party ended, did they go to the police with
their allegations? No. They went to a lawyer and then to another lawyer
to work out all their legal rights and opportunities BEFORE going to
the police.”
“How did the documentary ‘Living with Michael Jackson' happen?” Mr.
Mesereau explained to the jury that Martin Bashir wanted to “get rich
off of a scandalous interview,” as he had in the past with Princess
Diana. (Martin Bashir had previously done an interview with Princess
Diana which he obtained through deceiving her about threats made against
her life and representing himself as someone who wanted to help her
and which ultimately had extremely destructive consequences.)
Martin Bashir, used flattery and deceit to obtain his interview with
Michael Jackson as he had used with Princess Diana. Michael Jackson,
Mr. Mesereau explained, shared a close friendship with Princess Diana,
they had formed a comraderie throughout their similar lives, their passion
to help the less fortunate and the scrutiny they both lived under. Martin
Bashir used this connection as well as a list of ‘promises' he never
kept to obtain this much sought-after interview.
Mr. Mesereau stated to the jury that Martin Bashir used “deception par
excellance ” to lure Michael into doing the documentary. He
outlined the list of Bashir's promises and statements to Michael, made
via mutual acquaintance, British Mystic, Uri Geller, in order to secure
the interview:
.
.
1) Bashir promised to show the world who Michael Jackson really is…
and all that he has done and wants to do to help the suffering children
in the world.
2) Bashir promised to arrange a meeting with UN Secretary General Mr.
Kofi Hannan to bring Michael to Africa to help children with AIDS.
3) Bashir says, “Michael, you are so misunderstood…”
4) Bashir shows Michael a letter from Princess Diana that praises Bashir. This
was written by Diana when she was under the mistaken impression that
Bashir was being truthful with her and was trying to help her.
5) Bashir says that the first day they would film Michael greeting about
50 children at his Neverland Ranch, so that “for one day their lives
could be enriched.”
6) The second day would be an interview with Macauley Caulkin, a long-time
friend of Michael's.
7) The third day would be Michael recording a song to benefit the world's
children.
8) The fourth day would be Bashir and Michael driving through some of
Los Angeles' poorer neighborhoods to portray how Michael connects with
the inner-city people.
9) At the end of his letter he promised that the UN visit was in its
early planning stages, but that he will “keep him informed.”
Mr. Mesereau quoted Martin Bashir as complimenting Michael, “Your relationship
with your children is spectacular. I've got three children of my
own, and watching you was a bit of an education for me.” He continued,
“Michael, you have sung the melodies of most of our lives. Why are people
so quick to criticize you?”
Mr. Mesereau concluded, Martin Bashir was “flattering Michael Jackson
to lead him to his destruction.” He stated that Michael Jackson's
idealistic views of children and his hopes for a better world were left
out of the commentary.
“I invite you to watch the ‘rebuttal program'. If the prosecution doesn't
show it to you, we will.” The prosecution had stated that this program
was highly scriped and rehearsed. Mr. Mesereau continued, “I invite
you to watch the spontaneous answers, how long they go on for, what
Janet (Arvizo) does when she doesn't think she is on tape. Janet
Arvizo even did her makeup and hair, with a single curl over her eye,
to look like Michael's famous sister, Janet Jackson. Christian Robinson
(a witness) will testify that she (Janet Arvizo) was happy and delayed
filming while she was on the phone trying to see how much money she
could make.” Mr. Mesereau also reminded the jury that even months
after the airing of the documentary and the ‘alleged molestation,' Gavin
Arvizo stated that, “Michael saved my family and he saved me from cancer.”
The media did follow the family begging for interviews, this is true,
Mr. Mesereau explained. Janet's fiancé, Jay Jackson asked
for $15,000.00 for an article and picture. When Janet Arvizo asked
for security from the intruding media, she received it, at her insistence.
Mr. Mesereau reveals that at least three separate times Gavin and his
family stated, and were recorded as saying, that “nothing bad ever happened
with Michael Jackson,” including in an interview with the Department
of Children and Family Services shortly after the airing of Martin Bashir's
documentary. As a result, Mr. Mesereau showed the jurors, the prosecution
was forced to change the dates of the alleged molestation, from the
original date which was before the airing of the documentary to dates
following its airing.
Mr. Mesereau added that during this entire time of the accusations,
they were living with Janet Arvizo's then fiancé, now husband,
Jay Jackson. Jay Jackson is a high ranking official in the US
Army, yet the family never went to him for help, nor did they go to
the police. Not until the money stopped.
Mr. Mesereau stated that “Mr. Jackson will freely admit that he does
read girly magazines from time to time. Mr. Jackson kept (these)
locked in a briefcase. But he absolutely does not show them to children.”
Mr. Mesereau said that the children were sometimes “out of control”
at Neverland and read Jackson's magazines and broke into his alcohol
without his permission and said that authorities found no DNA evidence
in the entertainer's bedroom to support the charges.
Mr. Mesereau reiterated the very evident thread throughout his statements,
“the mother (Janet Arvizo) was using the criminal charges to build a
civil case in order to get a payoff.”
In conclusion, Mr. Mesereau stated to the jury that Michael Jackson
knew nothing about what all these other people around him were doing
in response to Bashir's documentary.
Mr. Mesereau ended opening statements with, “I am extremely
confident that the jury will find Michael Jackson not
guilty of all charges.”
Source: MJJSource
.
.
.
.
Back
To Top Of Page
|