Created: Thursday, 17 March 2005
Day 12 of Michael Jackson’s trial began with the fourth and last day of testimony from the accuser. The teenage boy who says Michael Jackson molested him left the witness stand Tuesday after telling jurors that he denied the abuse to a school administrator because he was tired of the other kids making fun of him.
The conversation with the administrator occurred after the TV broadcast of a documentary that showed Jackson with the boy. The boy, now 15, testified he was harassed by schoolmates who said he had been “raped” by Jackson, and he got into fights as a result. He was then sent to see the school’s dean, who asked him whether Jackson had molested him.
“I told him that it didn’t happen,” the boy said. “All the kids were already making fun of me at the school, and I didn’t want anyone to think it had really happened.”
The testimony came during direct questioning by District Attorney Tom Sneddon, just before the boy left the witness stand after four days. A day earlier, the defense got the teen to admit under cross-examination that he told the school official nothing happened during his stays at Jackson’s Neverland ranch.
Sneddon also sought to counter a video showed by Jackson attorney Thomas Mesereau Jr. showing the boy saying Jackson “was like a father to me.” Sneddon asked the boy what he thinks of the pop star now.
“I don’t really like him anymore,” the boy said. “I don’t really think he’s deserving of the respect I was giving him as the coolest guy in the world.”
Prosecutors claim the boy and his family were held captive for about a month at Neverland while Jackson used them to make a video rebutting the damaging TV documentary.
When Mr. Mesereau began his re-cross examination, he reminded the accuser of his very casual attitude surrounding the very serious grand jury proceedings, he reminded the accuser of the fact that he went so far as to joke about the proceedings that would ultimately throw many lives into turmoil.
(Excerpt from Court Transcript)
MR. MESEREAU: Okay. Do you remember when you were in front of the Santa Barbara Grand Jury, Mr. Sneddon told you there was an order that you not talk to the media, and your response was, “Oh, man, I was going to have a press conference”? Do you remember that?
ACCUSER: That was probably a joke.
MR. MESEREAU: That was a joke?
ACCUSER: Yeah.
MR. MESEREAU: So you’re in front of the Santa Barbara Grand Jury talking about this case and you’re telling a joke?
ACCUSER: Yes.
(End of Excerpt)
Under cross-examination, the boy said he did not take advantage of several opportunities to escape — during trips to the dentist and a toy store — because he did not want to leave.
“Those first few escapes you talked about — I liked being at Neverland. It was like Disneyland,” the boy said. The family left for good in March 2003.
(Excerpt from Court Transcript)
MR. MESEREAU: I see. So you went into town with Michael Jackson, correct?
ACCUSER: Yeah. Michael took us to Toys R Us.
MR. MESEREAU: You picked up some fans, correct, on the way?
ACCUSER: Yeah, Michael invited some people into our — the thing.
MR. MESEREAU: You never complained to anyone in the store or any of these fans that anyone was being held against their will, correct?
ACCUSER: I was actually happy to be at Neverland all the time.
MR. MESEREAU: And you were happy to go —
ACCUSER: That’s something you don’t really understand, is that the majority of those times was — the first few escapes that you talk about, I liked being at Neverland. That was like Disneyland. I loved being there. I had lots of fun. I mean, my mom was the one always worried. It wasn’t until the last time that I realized “I don’t want to be here.”
MR. MESEREAU: Your mother was worried, but she always came back, right? Right?
ACCUSER: I guess so.
(End of Excerpt)
Mr. Mesereau also brought attention to, not only the accuser’s lack of sensitivity for Mr. Jackson’s skin condition (vitiligo), but through questioning, he exposes the accuser’s apparent lack of knowledge of Mr. Jackson’s vitiligo. Considering the fact that the accuser claims to have seen Mr. Jackson naked, he is surprisingly unaware of the effects of the disease.
(Excerpt from Court Transcript)
MR. MESEREAU: Finally, Mr. Arvizo, in your direct examination, you commented a couple of times on Mr. Jackson wearing makeup. Do you remember that?
ACCUSER: Here?
MR. MESEREAU: When you were answering Prosecutor Sneddon’s questions, a couple of times you used the word “makeup” in referring to Michael Jackson, right?
ACCUSER: I said one time when he was — a story about a time when we were in the room where his makeup was, but I don’t remember me saying it a lot of times.
MR. MESEREAU: Now, you knew that Michael Jackson has a skin disease called vitiligo, right?
ACCUSER: He told me about it.
MR. MESEREAU: And he told you that he’s an African-American man with a skin disease that eats up pigment in his skin, correct?
ACCUSER: Yes.
MR. MESEREAU: And you knew that that disease was causing certain patches of white and brown on his skin, right?
ACCUSER: Yes. I guess.
MR. MESEREAU: And —
ACCUSER: I don’t know. It’s not like I was making fun of him yesterday, if that’s what you’re trying to imply.
MR. MESEREAU: Well, you knew that his skin is vulnerable to sunlight, correct?
ACCUSER: Yes.
MR. MESEREAU: And that’s why you see him with an umbrella, correct?
ACCUSER: Yes.
MR. MESEREAU: And you also knew, because of the patches that appear on his skin from that disease, he does sometimes put some makeup on, right?
ACCUSER: I didn’t know about patches. I thought he was just all white.
MR. MESEREAU: Well, you discussed the skin disease with him, right?
ACCUSER: Yes.
MR. MESEREAU: You knew the skin disease was changing the color of his skin, right?
ACCUSER: That’s what he told me.
MR. MESEREAU: And you knew that’s why he put makeup on; true?
ACCUSER: Not really. I thought it was just because he had, like — because he — he didn’t have pink on his lips, so he would put makeup on his lips. I mean, I wasn’t making fun of him yesterday, if that’s what you are trying to say.
MR. MESEREAU: You weren’t making fun of him at all?
ACCUSER: No.
(End of Excerpt)
Mr. Mesereau did not hesitate to confront the subject of a civil lawsuit and the obvious financial opportunity that exists for the accuser until he is 18 years of age. The defense attorney ended his questioning by asking the accuser if he was aware of or had discussed this with anyone. The accuser denied any such knowledge.
(Excerpt from Court Transcript)
MR. MESEREAU: Okay. Now, you’re aware, are you not, that you have until the age of 18 to file a lawsuit against Mr. Jackson if you choose to, correct?
ACCUSER: No.
MR. MESEREAU: You’ve never discussed that with your mother?
ACCUSER: No.
MR. MESEREAU: Never discussed that with Larry Feldman, the attorney?
ACCUSER: No.
MR. MESEREAU: And never discussed it with Bill Dickerman, the attorney?
ACCUSER: No.
MR. MESEREAU: Okay. You’re also aware that if Mr. Jackson is convicted, you could automatically win that civil suit, right?
ACCUSER: No.
MR. MESEREAU: No one’s ever discussed that with you?
ACCUSER: No. We said things like, oh, we don’t want his money, and stuff like that.
MR. MESEREAU: Never discussed that issue with any attorney, right?
ACCUSER: No.
MR. MESEREAU: First time you’ve heard about it?
ACCUSER: About that I can — you just told me now that I can sue him till I’m 18 or something like that? I didn’t even know about that stuff.
MR. MESEREAU: Didn’t even know about that, right? And never heard your mother mention it?
ACCUSER: No.
MR. MESEREAU: No further questions.
(End of Excerpt)
Later Tuesday, sheriff’s Sgt. Steve Robel showed items seized from Jackson’s ranch, including a black-and-white image of a nude woman and a sex magazine called Teenage, featuring a woman on the cover.
Under questioning by defense attorney Robert Sanger, Robel acknowledged that he didn’t know of any witness who saw the items and that they were not illegal. Mr. Sanger noted the black-and-white nude is a collector’s item.
(Excerpt from Court Transcript)
MR. SANGER: None of these items are per se illegal to possess, are they? I’ll just put them up quickly. They’re not contraband?
SERGEANT ROBEL: No, those are not illegal to possess, correct.
MR. SANGER: So when they say “teenaged,” these are magazines that show models or people who are over — who are 18 or over. However young they may look, that’s — they’re 18 or over, as far as you can tell, correct?
SERGEANT ROBEL: They’re supposed to be, yes.
MR. SANGER: And those are commercially available. You can go to a store and buy them, correct?
SERGEANT ROBEL: As far as I know, yes.
MR. SANGER: All right. Now, 283 — I hate to just keep putting these up, but — but 283 is a collector’s item of some sort, is it not?
SERGEANT ROBEL: I really don’t know.
MR. SANGER: Did you find some nudist magazines when you were looking around that were from the 1930s?
SERGEANT ROBEL: Inside that box?
MR. SANGER: Anywhere.
SERGEANT ROBEL: I believe some other people, some other searchers found that.
MR. SANGER: And you had no witness — there was no witness that said they were shown that book or saw that book, as far as you know, right?
SERGEANT ROBEL: Correct.
MR. SANGER: All right. Now I’m going to put up 284. You seized that because it appeared to be a book that came within some concept of adult material; is that right?
SERGEANT ROBEL: Correct.
MR. SANGER: Do you know who Bruce Weber is?
SERGEANT ROBEL: I do not.
MR. SANGER: Now, when you were going through Mr. Jackson’s home, did you see a number of items from notable people that were just lying around, or hanging on the wall, or sitting on a — I’ll give you some examples if you want. Did you see, for instance, a letter from Steven Spielberg that was just sitting on a table?
SERGEANT ROBEL: I did not see that, no.
MR. SANGER: All right. Did you see a letter from President Bush?
SERGEANT ROBEL: I believe I saw that, yes.
MR. SANGER: Did you see some correspondence from Ronald Reagan?
SERGEANT ROBEL: Yes.
(End of Excerpt)
Mr. Sanger continued his questioning regarding the books that were found at Mr. Jackson’s house by ‘walking’ the witness through each room asking him how many books he thought were there. The investigator responded each time that there were hundreds, if not thousands, too many to count. He commented that it ‘looked like a library.’ Mr. Sanger pointed out the fact that Mr. Jackson receives many books as gifts and many are collector’s items.
(Excerpt from Court Transcript)
MR. SANGER: All right. Now, this particular book, Mr. Weber, who’s up there, Bruce Weber, The Chop Suey Club, were you aware that Mr. Weber sent this to Mr. Jackson unsolicited?
SERGEANT ROBEL: No, I’m not.
MR. SANGER: Were you aware that Mr. Weber was a photographer who had photographed The Jackson 5?
SERGEANT ROBEL: No.
MR. SANGER: Photographed other people, Nelson Mandela and a lot of other people?
SERGEANT ROBEL: No.
MR. SANGER: Inside that very book, there’s an actual photograph of Elizabeth Taylor; is that correct?
SERGEANT ROBEL: It’s been a while since I’ve looked at that book, so I couldn’t say for sure.
MR. SANGER: Okay. And if I didn’t specifically ask you on that, this, there was no witness that said they were shown this book or saw this book, is that correct, other than you and the officer that booked it into evidence?
SERGEANT ROBEL: To the best of my knowledge, yes.
(End of Excerpt)
Repeating and confirming the odd statement made previously by the accuser, the investigator admitted that in fact, when the accuser made the statement in this trial, “If men don’t masturbate, they get to a level where they can — might rape a girl.” It was, apparently, the first time that the investigator had ever heard him attribute this to Mr. Jackson and that previously the accuser had said that he was told this by his Grandmother. Now, coincidently, the accuser stated that they both said the same thing to him.
(Excerpt from Court Transcript)
MR. SANGER: .This pertains to the story or the claims about masturbation. You were sitting here when Gavin Arvizo testified on the stand during this trial, correct?
SERGEANT ROBEL: Correct.
MR. SANGER: And he said that Michael Jackson told him, “If men don’t masturbate, they get to a level where they can — might rape a girl.” Do you remember that?
SERGEANT ROBEL: I do.
MR. SANGER: Okay. That was the first time you ever heard Gavin Arvizo attribute that statement to Michael Jackson, was it not, sir?
SERGEANT ROBEL: I believe so.
MR. SANGER: And, in fact, Gavin Arvizo told you on August 13, 2003, that it was his grandmother who told him, “If men don’t do it, men might get to a point where they might go ahead and rape a woman.” Is that correct? Page 28, if you want to take a look at it.
SERGEANT ROBEL: I’d like to do that.
MR. SANGER: August 13th.
SERGEANT ROBEL: Is that 28 you said?
MR. SANGER: Yes. 28, line 4, starts, “My grandma explained it to me.”
SERGEANT ROBEL: Yes.
MR. SANGER: And you remember him saying that because, in fact, you testified before the grand jury on April 14th that — of 2004, that Gavin, in fact, told you that his grandmother said that; is that correct, sir?
SERGEANT ROBEL: That’s correct.
MR. SANGER: And, in fact, in the August 13, 2003, interview, Gavin said, “My grandma explained it to me. She told me that — that you’re — the only reason — because like if — if men don’t do it, men might get to a point where they might go ahead and rape a woman. So instead of having to do that, so they don’t — so they don’t get wanting to go do that.” Did he say that?
SERGEANT ROBEL: Yes.
(End of Excerpt)
The day was not without its share of verbal sparring of objections between the prosecution and defense. The prosecution, most notably, found some creative reasonings for their objections.
(Excerpt from Court Transcript)
MR. SANGER: .Were there inconsistencies — besides the one we just talked about, were there inconsistencies —
MR. SNEDDON: I’m going to object to that kind of talk from counsel. It’s a conclusion on his part.
MR. SANGER: “That kind of talk”? I object to the objection as not being proper. Let me withdraw it, Your Honor.
THE COURT: There’s no question there, so go ahead and make a — do a question.
(End of Excerpt)
The defense also brought into focus the exact time frame and significant dates of the past few years using visual aids, with the witness’ help, to clarify for the jury members. Mr. Sanger went through each significant event one, by one. He paid particular attention to the dates surrounding the molestation accusations, encouraging the investigator to be as specific as he could about his understanding of each alleged occurrence.
(Excerpt from Court Transcript)
MR. SANGER: Now, in January — on January 19, ’04 - again, you don’t remember the exact interview. And you’re going to review that and see if you recall more of it later - but did you become aware, as the lead investigator in this case, that Gavin Arvizo then told you he wasn’t sure when these events occurred, and that you guys would probably know the dates?
SERGEANT ROBEL: I would have to read — was that said during that interview?
MR. SANGER: Yes.
SERGEANT ROBEL: Okay. I don’t recall that. I’d have to review that as well.
MR. SANGER: Were you advised that was now an issue?
SERGEANT ROBEL: No.
MR. SANGER: Okay. And you’re aware of his grand jury testimony; is that correct?
SERGEANT ROBEL: Portions of it, yes.
MR. SANGER: And in the grand jury he went back to saying it was after the Calabasas trip from March 2 through March 12th; is that correct?
SERGEANT ROBEL: I believe that is correct.
MR. SANGER: And you determined, did you not, that Michael Jackson was not at the ranch during that entire period of time, did you not?
SERGEANT ROBEL: Which period of time are you talking?
MR. SANGER: From March 2 through March 12th.
SERGEANT ROBEL: Yes. Wait. Wait. I’m sorry. That he was not there or that he was there?
MR. SANGER: Was he there the entire time, every day? Did you determine whether he was or he wasn’t?
SERGEANT ROBEL: Not — from March 2nd through the 12th?
MR. SANGER: Yes.
SERGEANT ROBEL: There were some — a couple of days, two or three days, that he was not there.
MR. SANGER: All right. There were two, three days that you were able to establish he was somewhere else?
SERGEANT ROBEL: Showing that he was off the ranch.
(End of Excerpt)
Mr. Sanger also attempted to have the investigator discuss any information he may have pertaining to the contradictions in the accuser’s testimony. The investigator was prevented from answering due to an objection by the prosecution.
(Excerpt from Court Transcript)
MR. SANGER: Okay. Well, there was — there were conflicts in what they described. For instance, Gavin described his brother as wearing boxers, whereas his brother described that he was wearing pajamas, right?
MR. SNEDDON: Your Honor, I’m going to object. It’s vague in terms of what incidents he’s talking about.
THE COURT: Sustained.
(End of Excerpt)
Towards the end of the day, Mr. Sanger reviewed the initial meeting that the law enforcement had with the accusing family and the seemingly biased information and advice they were giving by the Santa Barbara Sheriff’s Dept. After reading the investigators words from the transcript, justifiably, Mr. Sanger asks, “. So that’s not the statement of somebody who has an open mind who’s looking to see whether or not these people are telling the truth, is it?”
(Excerpt from Court Transcript)
MR. SANGER: All right. So June 20, you had information that had been obtained from Dr. Katz, and July 7th, you proceed to interview the kids, right?
SERGEANT ROBEL: That is correct.
MR. SANGER: And on that date, you indicated that, “We’re going to try our best to make this case work”; is that correct?
SERGEANT ROBEL: Let me refer to that.
MR. SANGER: You can look at — it’s in Davellin’s interview, page 33.
SERGEANT ROBEL: Okay. I’m on page 33. There was quite a bit more where that - in addition to what I said in regards to that.
MR. SANGER: Well, we can read the whole thing.
SERGEANT ROBEL: Okay. I already read the whole thing.
MR. SANGER: All right. So you said to Davellin at the — towards the end of her interview, “Okay. Okay. One thing I wanted to say and emphasize to you is that you guys are doing the right thing here. You know what, I know it’s scary, and I realize — really realize that you guys are going through a lot and you’ve been through a lot as a family. They’re the ones that have done wrong, not you. And trust me in this, and trust Detective Zelis, we’re law enforcement. We’re going to try our best to make this case work. I can’t guarantee it, where it’s going to go from here, but that’s why we’re interviewing everybody involved. I don’t care how much money they have” - do you want me to keep going? - “who he is, what — but he’s done wrong. You guys are the victims. Your family is. He is wrong in what he’s done. We’re going to try our best. Can’t guarantee it. We’re going to try our best to bring him to justice.” Did you say that?
SERGEANT ROBEL: I definitely said that.
MR. SANGER: Okay. So that’s not the statement of somebody who has an open mind who’s looking to see whether or not these people are telling the truth, is it?
(End of Excerpt)
Michael Jackson said he was upbeat about the way his trial was going, but that his back was still giving him a hard time.
“I’m feeling pretty good, but I’m in pain,” he told journalists outside the Santa Maria courtroom.
Jackson caused a stir Thursday when he showed up for court late and wearing pajamas and slippers after being treated briefly at a local hospital for back pain.
While his condition has since improved, the air-conditioning in the California courtroom has been affecting his back, his spokeswoman Raymone Bain said, adding that the condition may well be stress related.
But she also said that he was happy about the way the trial is going. “Mr. Jackson feels his defense team is doing a very good job,” she told reporters on Tuesday.
She said that the star has been in daily telephone contact with civil rights activist Reverend Jesse Jackson, whom she described as his spiritual advisor.
She said that during their conversation early Tuesday, the two prayed together.
Jackson, who wakes up around 4:30 a.m. (1200 GMT), generally always plays with his children in the afternoon, following his court appearance. At times he will go out with the kids, usually to buy them ice-cream or popcorn, she said. Later in the evening the star focuses on his case, she said.
Jackson’s parents have been accompanying their son to court, where a group of fans are always present and loudly proclaim the innocence of their idol, who usually acknowledges their support with a wave and his signature peace sign from under his equally emblematic black umbrella.
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