Trial of Michael Jackson

On March 1, Martin Bashir, who had interviewed Jackson for Living with Michael Jackson, took to the witness stand while prosecutors showed the documentary to jurors.[38] Bashir refused to answer questions from defense attorneys.[32] In wake of Jackson's death, Martin Bashir told ABC News: "Certainly, when I made the documentary, there was a small part of that which contained a controversy concerning his relationship with other young people. But the truth is that he was never convicted of any crime, I never saw any wrongdoing myself and whilst his lifestyle may have been a bit unorthodox, I don't believe it was criminal".[39]

On April 4, Jason Francia, whose mother worked as a maid at Neverland Ranch, testified that Jackson had abused him on several occasions when he was seven to ten years old. Francia said that "every time I was being tickled there was some sort of exchange of money," done with the understanding that he would not tell his mother.[40] His mother said she had reached an out-of-court settlement with Jackson, reportedly for $2 million.[41] She sold her stories to the tabloid National Enquirer and the television show Hard Copy.[42]

Under cross-examination, Francia admitted that in his first 1993 interview he told detectives Jackson had not molested him. He said he had denied being improperly touched by Jackson because he did not want to be embarrassed at school. He said he went into counseling until he was eighteen years old.[43] Mesereau sought to establish that the Francias were goaded into their accusations by over-zealous prosecutors and tempted by money offered for media interviews.[44]

In April 2005, Ralph Chacon, a former security guard at Neverland Ranch, testified that he had seen Jackson performing oral sex on Chandler in the early 1990s.[45] He also described seeing Jackson passionately kiss Chandler and place his hand on the boy's crotch.[35] He said he did not report the incident to police because he thought he would not be believed. A former maid at the ranch, Adrian McManus, testified that she had seen Jackson kissing boys including the child star Macaulay Culkin, and described Jackson touching Culkin's leg and "rear end". She told the court that she had seen Jackson touching Chandler's genitals. Culkin denied being molested by Jackson.[45]

The defense sought to portray Chacon and McManus as unreliable. According to The Guardian, each witness had a "horrific story ... Yet, rather than calling the police, each appears to have sold that story to a supermarket tabloid."[36] McManus had previously denied witnessing misconduct from Jackson in a 1993 court deposition while under oath. In the 2005 trial, she said she had lied during the deposition because she feared Jackson would report her to her superiors if she told police about the incident.[45] In the 1990s, both Chacon and McManus had been part of a lawsuit filed against Jackson for wrongful dismissal. After Jackson counter-sued, their lawsuit was thrown out as fraudulent and malicious.[45] According to testimony, Chacon and McManus had been found guilty of stealing items from Jackson's house amounting to more than $50,000, and ordered to pay more than $1 million in legal fees. Under cross-examination from Mesereau, the pair admitted that they had been paid thousands of dollars to give a tabloid interview. McManus admitted that she and her husband were found to have defrauded a relative's children of money from their estate and that she had stolen a sketch by Jackson worth $35,000. Mesereau accused the pair of attempting to "get even" with Jackson for the failed suit and characterized them as money-seekers.[35]

Housekeeper Kiki Fournier testified that the Arvizo children became unruly at Neverland Ranch without authority figures. She said the Arvizo boys "trashed" their guest rooms, and that at one point Star had pointed a knife at her in Jackson's kitchen. She said that although the boys had guest rooms they would often stay with Jackson. However, she said she never saw Jackson giving the boys alcohol and never saw them drunk.[46] Cynthia Bell, a flight attendant who had served Jackson, testified that she never saw him share his drink with Arvizo. She said she had devised the custom of serving Jackson wine in soda cans because Jackson did not like to drink alcohol in front of his children.[47] Bell said she had not seen Jackson "cuddling" with Arvizo during the flight, but testified that she had seen Jackson put his arm around him while he was listening to music. She said that Arvizo was demanding, complained about the food, and was unruly during the flight.[48]

Phillip LeMarque, Jackson's cook, said he entered Jackson's room and saw Jackson with his hand in Culkin's underpants.[36] During cross-examination, the defense pointed out that LeMarque had tried to sell the story to a tabloid before deciding against it. “We were tempted by the money, for sure,” the chef responded. “Everybody would be tempted. But it was against our principles.”[49] LeMarque and his wife, also a Jackson employee, considered selling the story for $500,000 but backed out after realizing the intermediary was "sleazy."[50]

Jesús Salas, a former house manager at the Neverland Ranch, testified that he often saw Jackson drunk or affected by prescription drugs, and on one occasion saw three boys aged around 15 to 16 emerging drunk from the wine cellar after having spent time with Jackson. When the prosecution attempted to confirm Jackson had served wine to minors, Salas added that although he brought a bottle of wine to Jackson's bedroom, sodas were also ordered for the children.[51]

The judge ruled out testimony from a former security guard who alleged that he saw Jackson in his bedroom with a boy.[52]

Jordan Chandler, the alleged victim in the 1993 child abuse allegations, left the country rather than appear as a witness. He had been legally emancipated from his parents.[53]

Chandler's mother, June Chandler, testified that Jackson had become angry and upset when she would not allow Jordan to share his bedroom. She said Jackson told her: "We're a family. Why don't you allow Jordie to be with me..? Jordie is having fun. Why can't he sleep in my bed? There's nothing going on. Why don't you trust me?" She relented, and in return received a gold Cartier bracelet from Jackson.[36] When she spoke about her son's friendship with Jackson, Chandler testified that she never suspected anything inappropriate was going on between Michael and her son. She never testified that Jackson molested her son.[54][55] She told the court that she had not spoken to her son in eleven years.[56]

On April 28, Jackson's ex-wife Debbie Rowe was called on the witness stand by the prosecution who claimed that Rowe was forced into a scripted videotaped statement made in early 2003 in support of Jackson. The prosecution had hoped Rowe's testimony would support Janet Arvizo's claim that they were held captive and forced to make supportive statements about Jackson. In her second day of testimony, Rowe said she had refused to look at the questions before the taping and was eager to support Jackson. The defense initially wanted Rowe dismissed, saying she was not providing the testimony the prosecution wanted. The judge allowed her testimony, and the defense withdrew their motion since she spoke in favor of the defense.[57]

Rowe called Jackson's business associates and public relations aides, Marc Schaffel, Dieter Wiesner and Ronald Konitzer, "opportunistic vultures" who wanted to exploit him.[57]

Gavin Arvizo was fifteen years old when he testified,[31] telling the court that after Living with Michael Jackson aired, Jackson had begun serving him and his younger brother wine, sometimes concealed in soda cans, showing them pornography and making sexual advances.[58] He said that Jackson had masturbated him to ejaculation after they drank alcohol,[59] and then told him that if men do not masturbate, they "might rape a girl." Challenged by Mesereau, who said that Gavin had told sheriffs that his grandmother had said this, Gavin said "I'm not exactly sure what my grandmother told me." Gavin admitted that he had told his school administrator that Jackson had not molested him.[60]

Gavin's younger brother, Star, told the court that he had twice seen Jackson molest Gavin. He also said that Jackson had displayed his erection and masturbated in front of them, telling them that "everyone did it" and encouraged them to try it.[61][62] Star testified that Jackson had given the boys alcohol, sometimes in soda cans, and which Jackson called "Jesus juice." Star also said Jackson had showed the brothers internet pornography on his computer.[61]

Under cross-examination, Mesereau questioned Star about a 1998 case in which his family sued J. C. Penney. The family alleged that Star, his brother and their mother were beaten in a parking lot by security guards after leaving with clothes they had not paid for. Janet Arvizo also claimed to have been sexually assaulted and falsely imprisoned. The family received a settlement of £75,000.[note 1] In a 2000 sworn statement for the case, Star had said his "mother and father never [fought]." Janet and her children claimed that David Arvizo physically abused them for seventeen years. Star admitted he lied in the statement. The admission was a major victory to the defense.[63] Also, it was stated that the Arvizos had not visited Neverland since March 2003. However, when shown a pornographic magazine dated August 2003, 5 months after the family stopped visiting Neverland, Star claimed that was one of the magazines Jackson had shown them. Star would later attempt to recant this testimony too.[64]

The defense sought to portray Janet Arvizo as untrustworthy, with a history of perjury and fraud. She admitted to having lied under oath in an earlier lawsuit. The prosecution planned to have an expert on domestic violence testify that she may have lied because she had been beaten by her ex-husband, but the judge did not allow it, saying it would be irrelevant.[52] The defense also presented evidence of Janet having committed welfare fraud, for which she was later convicted.[65]

In regards to the J.C. Penney case, which eventually settled for $152,000, the defense brought in a welfare worker who stated that Janet had failed to disclose her receipt of the settlement that her family had received days before filling out a welfare application. A paralegal testified that Janet had lied to win that lawsuit, claiming that bruises caused by her then-husband had been caused by J.C. Penney security guards.[66]

Editor of the Mid Valley News, Connie Keenan said she was "duped" by Janet into writing a story about Arvizo's sickness because Janet wanted to make additional money when the original story didn't make enough. Other witnesses for the defense showed Janet had spent $7,000 shopping and dining out at the same time she alleged Jackson kept her and her family captive. Janet's sister-in-law offered to help Arvizo's treatment by holding blood donation campaigns. She said Janet swore at her and rejected the offer.[67]

Jurors described Janet's testimony as weak and could not be believed. They also found it strange that she snapped her fingers and addressed them directly.[68] The New York Times described her testimony as "rambling, incoherent and at times combative." One juror questioned Janet's values as a mother, believing she had taught her children to lie to gain money and favors from celebrities.[69]

According to Michael Jackson's defense attorney Susan Yu, over five hundred witnesses were prepared in the case.[70]

Former child star Macaulay Culkin (pictured in 1991) testified that he had shared a bed with Jackson but had never been abused.

Former child star Macaulay Culkin testified that he had shared a bed with Jackson on a dozen or more times between the ages of nine and fourteen, but had never been molested and had never seen Jackson act improperly, contrary to many of the prosecution's witness testimonies. He said that his parents had known he was in Jackson's bedroom and "never saw it as an issue". He described shock at hearing the allegations that Jackson had molested him, and dismissed them as "absolutely ridiculous". Culkin said they had bonded over their shared experience of child stardom.[71]

Wade Robson testified as Jackson's first defense witness that he had slept in Jackson's bedroom several times but had never been molested.[72] Robson recalled his first visit at Neverland Ranch in 1989 and had slept in Jackson's bedroom on all but three or four of his twenty or so visits. He said they played video games, watched movies, talked and sometimes had pillow fights.[73]

Barnes first met Jackson at the age of five when Jackson went to Australia during one of his tours. He shared a bedroom with Jackson at least ten times but denied any impropriety. Barnes was aware of the prosecutor's witness testimonies claiming they had seen Jackson touch him inappropriately. In response, Barnes said, "I'm very mad about it. It's not true and they put my name through the dirt. I'm really not happy about it."[73] Barnes continues to deny any molestation.[74]

Comedian George Lopez testified that he had given the Arvizo family money when Gavin was fighting cancer but came to believe that Gavin's father was more interested in money than helping his son. Lopez cut ties with the family after the father became more demanding. Lopez also said that the father had accused him of stealing $300 from Gavin's wallet. When the father asked what he was supposed to tell his son, Lopez testified that he responded: "Tell him his father’s an extortionist."[75]

The host of NBC's The Tonight Show Jay Leno was called in to testify for the defense in regards to his relationship with the Arvizos. Leno made approximately twenty phone calls to sick children each week and began receiving voicemail messages from Gavin, then a ten-year-old cancer patient, in 2000. Gavin referred to Leno as his hero. Leno said, "It seemed a little unusual." The comedian was contacted by the Santa Barbara police and questioned about Gavin. Leno admitted his misgivings, saying, "It sounded suspicious when a young person got overly effusive. It just didn't click with me." During a phone call from Gavin once, Leno said he heard a voice in the background but was unsure who it was. The defense argued that it was Janet Arvizo telling her son what to say. Leno said the boy never asked him for money; the defense argued that Jackson was merely one of many celebrities that the Arvizos sought to profit from.[66]

Comedian Chris Tucker claimed he had felt sorry for the Arvizos and bought them gifts and given them money. He felt the Arvizos expected too much, calling him their "brother" and taking advantage of him. He testified that he had warned Jackson about the family, whom he called "cunning".[76]

The judge allowed investigation evidence from Jackson's previous allegations to be used in the trial,[77] but the 1994 settlement initiated by the Chandlers was deemed "irrelevant and inflammatory."[78] The prosecution[note 2] attempted to subpoena evidence from the settlement as an indication of guilt. Mesereau argued that Jackson was not liable for any of the claims compromised by the arrangement, because Jackson's insurance company, Transamerica Insurance Group, was responsible for it. The insurance company negotiated the settlement over protests from Jackson and his legal counsel. The settlement included no admission of wrongdoing or guilt, otherwise, it would violate the California Insurance Code. The insurance company had "the right to settle claims covered by insurance where it decides settlement is expedient and the insured may not interfere with nor prevent such settlements," a practice established by several precedents in California. Evidence of insurance settlements would deprive Jackson of due process of law, proper cross-examination and violate Evidence Code 352[79] as he would not be able to verify the agreements made in the settlement. The settlement cannot be used as evidence of guilt in future civil and criminal cases.[78]

The settlement cannot prevent criminal investigation or criminal proceeding, neither can non-disclosure agreements. Bribery to not testify in a trial is felony, and accepting such bribes is also a felony.[80]