People v. Jackson was a 2005 trial involving Michael Jackson after a 13-year-old boy named Gavin Arvizo accused him of sexual abuse.
In a 2003 Granada Television documentary called "Living with Michael Jackson" British journalist Martin Bashir interviewed Michael extensively over a period of 8 months.
The film was broadcast in the UK on February 3, 2003, and in the U.S. three days later.
In one scene, Michael introduces the Arvizo children and they talk happily about Gavin's unexpected recovery from cancer.
Then Gavin and Michael are interviewed together with Gavin holding his hand and at one point resting his head on Jackson's shoulder.
At the trial, Gavin testified that Michael initiated the hand-holding, but that he had put his head on his shoulder because he was "really close to Jackson" and Michael was his "best friend."
In the video, Gavin tells Bashir about a night when he slept in Jackson's bed. He says that he and Michael both offered to sleep on the floor and give each other the bed, but in the end, he slept on the floor while Gavin and Star slept in the bed.
Michael stated in the documentary that many children (including Macaulay Culkin, his younger brother Kieran & his sisters) had slept in his bed.
When Bashir asked if Jackson could see why some people might disapprove, Michael said:
"See, when you say 'bed,' you're thinking sexual. They make that sexual. It's not sexual; we're going to sleep."
Later, the boy complained that he had not realized that the footage would be broadcast all over the world and that, after it aired, he was teased by his friends.
His mother stated that she had not given Bashir permission to film her son and was unaware of it prior to the broadcast.
Responding to the controversy, Santa Barbara County District Attorney Thomas W. Sneddon, Jr. stated that under California law, an adult sleeping in the same bed with a child is not a criminal offense unless an "affirmative, offensive conduct" occurs.
Michael was initially charged in a criminal complaint by the Santa Barbara District Attorney's Office.
Before the case proceeded very far, Sneddon changed his strategy and obtained an indictment before a county grand jury.
Michael was indicted for conspiracy to commit child abduction, false imprisonment, extortion, child molestation, attempted child molestation and providing alcohol to an underage person for purposes of molestation.
His alleged co-conspirators were not indicted. Some sources were critical of the charges, believing them to be an attempt to ameliorate PR damage caused by the documentary.
Michael was indicted based on the accuser's allegations of events which allegedly began after the documentary aired when he and Michael had already been friends for several years.
Part of the defense to this accusation was that it would be absurd for Michael to only begin molesting the boy as soon he was suspected of the crime. As his attorney put it,
The Bashir documentary was aired in the US on February 6, 2003.
Gavin Arvizo's given time frame for the alleged molestations was February 20, 2003 to March 12, 2003).
The family was acquainted with Michael Jackson for almost two years, but the alleged victim claimed he was molested after the footage was filmed and at a time "the whole world was already watching."
In response to the Martin Bashir documentary, a second video called "Take Two or The Footage You Were Never Meant to See" was aired.
The production included Martin praising Michael's qualities as a father and his relationship with children in general.
While in the other production, Martin said he was "disturbed" about Michael's relationship with children.
Further, an interview with the family was filmed on the night of February 19, 2003 in Hamad Moslehi's home.
This part of the production was not aired because Hamid refused to hand it over, following a financial dispute with Michael.
It was found by police in a search of Moslehi's home in November of 2003, and it showed the accuser's family praising Michael with the accuser insisting no molestation had occurred and that he was "innocent."
Gavin Arvizo, his sister Davellin, his brother Star hos and mother Janet were "upfront" and said that inappropriate behavior had "absolutely not occurred" while also calling him a father figure.
They also insisted that although they had slept in Michael's bed, Michael always slept on the floor.
To further the rebuttal, Janet Arvizo issued the statement:
"The relationship that Michael has with my children is beautiful, loving, father-son and daughter one. To my children and me Michael is part of the family."
She also stated that she was thinking of taking legal action against Martin Bashir.
Interview With DCFS
On February 20, 2003, Janet Arvizo was interviewed by the Sensitive Case Unit of the Los Angeles Department of Children & Family Services (DCFS) as part of an investigation jointly carried out with the LAPD.
A school official from the Los Angeles Unified School District had lodged a complaint out of concern for the boy who would later be Michael's accuser and his younger brother.
After watching the Bashir documentary, the official suspected sexual abuse by Michael and general neglect by Janet.
The entire family insisted that no inappropriate contact with Michael occurred. Janet said that the children were never left alone with him. The case was closed and the charges marked as "unfounded."
Afterwards in November of 2003 (when there was outside interest in connection with charges against Michael), a report was made.
Planned Trip to Brazil & Final Departure from Neverland
In mid February of 2003, Marc Schaffel, Michael Jackson and Janet Arvizo decided on taking a trip to Brazil for one week while the Arvizo family was to be moved into a new apartment and the children checked into a new school district.
This was a result of the negative attention received by Michael and the Arvizo family after the Bashir documentary.
Marc Schaffel instructed Michael's employees to help with preparations for the Brazil trip and the new apartment move and the Arvizo children being checked into a new school district.
After the child services interview, Janet Arvizo brought a Jackson employee to meet with Karen Walker of the Los Angeles DCFS.
Walker advised the Jackson employee that the Arvizo family are being heckled by the media resulting from the Bashir Documentary and need an apartment suitable for a family as well as the children checked into school.
The trip was disclosed to Walker and the apartment change and school district check-in would be made when on vacation in Brazil.
The family planned a trip to Brazil. These plans play a role in the allegations and more specifically the conspiracy charge with the unindicted co-conspirators. The Arvizo family wanted to go to Brazil with Michael on vacation.
After all of the preparations were made for the trip to Brazil and the move to a new apartment, Janet decided to call off the vacation and it was immediately called off.
According to witnesses, the Jackson camp told the family that there were death threats related to the airing against the family.
The Arvizos claim that Michael planned to trap the family in Brazil to keep them from making allegations, however, the defense asked why he would buy the family two-way tickets to and from Brazil if his plans were to "trap" the family in another country.
The children went back to Michael's Neverland ranch. A day later, their mother came as well after making preparations for the trip to Brazil, although she testified, she did not really want to go.
From February 25 to March 2, the family and some of Michael's staff stayed in a hotel in Calabasas, California & they went shopping in preparation for the trip to Brazil. After that, they stayed at Neverland again.
On March 10, the mother and the accuser went from Neverland to Kaiser Permanente Hospital with a urine sample of the accuser, Gavin, for a scheduled medical check-up.
On the way to the hospital, Janet spilled the urine sample on the passenger side car floor.
When asked by the Jackson employee what happened, Janet said that she spilled the urine accidentally.
At the hospital, Gavin received numerous tests for his kidney including a dye test.
The urine sample wasn't enough for one of the tests and it came back inconclusive.
Afterward the accuser went back to Neverland while the mother went to stay with her fiance. It would be their last stay at the Neverland ranch.
Apparently, the accuser was very angry with his mother that she would not allow him to return to Neverland.
Accuser's Mother Seeks Legal Advice
Janet first approached attorney Bill Dickerman to discuss taking legal action against Martin Bashir.
Bill referred her to Larry Feldman, the attorney who represented Jordan Chandler (first accuser) in 1993.
Then, Larry contacted child psychologist Stan Katz, who told Santa Barbara sheriff's investigator Paul Zelis that:
"Mr. Feldman actually referred these kids to me because they had come to him in this lawsuit."
It was then that allegations of child molestation arose & Katz reported this to the authorities, as is compulsory for someone of his profession in such a case.
He said in a taped conversation that he didn't consider Michael a pedophile but a "regressed 10 year old."
Larry Feldman was the same attorney who helped get an out-of-court settlement for Jordan Chandler for a reported $20 million and Dr. Katz was the same psychologist that assisted Evan Chandler in uncovering whether his son was being abused.
The defense later focused on Feldman and Katz, stressing that Janet went to the same people who helped obtain a settlement from Michael in 1993 before ever going to the police.
The circumstances by which the Arvizos' allegations surfaced made some suspicious of the claims and believe the family was seeking money.
Others believed that Janet sought legal advice because she was afraid that she could be charged with child endangerment for letting her sons sleep in Michael's bed.
Investigation with the Santa Barbara County Sherrif's Department
In June of 2003, the Santa Barbara County Sheriff's Office started an investigation.
In July of 2003, they first interviewed the family.
On November 18, 2003, a team of more than 70 investigators from the Santa Barbara County District Attorney's Office and Sheriff's Department executed a search warrant upon Michael's Neverland Ranch.
The search has been criticized as having involved an excessively large number of law enforcement personnel.
The district attorney opened a website for an "open casting call" for anyone who has been molested by Michael and/or who has any information against him.
Background on the Accusing Family
Michael's attorney alleged that the charges were made in retaliation by the Arvizo family after they realized that Michael wasn't going to continue supporting them financially.
They was portrayed during trial as exhibiting a long history of attempting to extort celebrities and abusing legal and governmental systems.
Alleged Assault at J.C. Penney & Litigation
In August of 1998, the Arvizo family was detained on a shoplifting charge at a J. C. Penney department store in West Covina, California.
According to J.C. Penney, Gavin and Star Arvizo were sent out of the store by their father with an armload of stolen clothes.
The family was detained and Janet started a "scuffle" with the security guards.
The shoplifting charge was dropped, but Janet filed a lawsuit, saying that when she was detained she was "viciously beaten" by three security officers (one of whom was female).
In her booking photo from the arrest, Janet appears uninjured, but for the lawsuit she submitted two pictures of her showing bruises all over her body.
The paralegal she hired would later testify at the Jackson trial that Janet told her the beating was actually inflicted by her husband.
J.C. Penney hired a psychiatrist to evaluate Janet and found her to have rehearsed her children into supporting her story and to be both "delusional" and "depressed," although Janet's own doctor found her to be only the latter.
More than two years after the original alleged incident, Janet added a further charge that one of the male officers had "sexually fondled" her breasts and pelvis area for "up to seven minutes" a claim which shocked her lawyer.
Ultimately the department store settled out of court with the family for US $152,000.
Michael's accuser, Gavin Arvizo was officially anonymized as "John Doe" by the court and the media until February of 2005.
He was born in December of 1989 and was 13 years old between February 20 and March 12, 2003 when the alleged crimes were said to have been committed.
In 2000, Gavin was diagnosed with cancer and had his spleen and a kidney removed. Jackson organized a blood drive and accommodated transport for his chemotherapy treatments.
Soon thereafter, Jamie Masada (the owner of the comedy club Laugh Factory), fulfilled Gavin wish to meet Jackson and he visited Neverland eight times.
On two of those occasions, Gavin and his family met Michael. During the other six times, he was not home or not available.
In 2001, there were no visits, but Gavin had 20 or so telephone conversations with Michael regarding his recovery as the cancer had remitted.
When the Arvizo family and Michael were on good terms, Janet Arvizo allegedly encouraged her children to call him "Daddy."
Janet (who also went by the names Janet Ventura and Janet Jackson) was identified as the most problematic of the prosecution witnesses.
Aside from her credibility issues, her behavior in the courtroom was widely criticized.
Roger Friedman reported that:
"It’s pretty clear that she’s mentally ill in some way" and that "when she first starts testifying, she’s very sedate and as time goes by and possibly medication wears off, she becomes crazier and crazier & you can hear people in the courtroom saying 'here it comes.'"
On a few occasions, the courtroom erupted in laughter over her answers.
After the trial, jurors criticized her habit of snapping her fingers and staring at them.
Janet was often unresponsive even to the prosecution, was defensive over seemingly small issues and the judge admonished her for arguing.
She repeatedly used catchphrases, such as "It's burned inside my memory" and "Money doesn't buy happiness."
Questions were often answered with tangential speeches addressed directly to the jury, the press or the defendant.
Defense attorney Tom Mesereau refused to object to her rambling, emotional diatribes which resulted in prosecutor Sneddon repeatedly objecting to his own witness's answers.
It was also revealed that Janet had enrolled all three of her children in acting classes & accused a JC Penney's security guard of sexually molesting her two sons in 2001.
In February 2006, Janet was convicted of welfare fraud for failing to report the $150,000 civil settlement in that case.
She was sentenced to 150 hours of community service and a $8,600 fine.
Gavin's father, David Arvizo visited Neverland several times in 2000 (sometimes with the whole family, other times with just the children).
After 2000, the accuser's parents were divorced and his mother had custody over him, his older sister and younger brother.
In 2002, David pleaded no contest to spousal abuse and in 2003, he pleaded no contest to child cruelty.
After having completed classes in parenting and anger management, David Arvizo applied to have a three-year restraining order against him temporarily lifted, to allow him to see his three children.
David claimed he wanted to see for himself how his son's health was, and hoped to find out whether the boy and Jackson had sexual contact.
He blamed his ex-wife for allowing his son to sleep in the same room with Michael and also claimed that she had been in a mental hospital.
As of late 2004, David insisted that:
"My children are routinely rehearsed by their mother Janet to do or say whatever she wishes."
The Arrest & Investigation
Along with the warrant to search the premises was a warrant for the arrest of Michael.
Michael was in Las Vegas, Nevada at the time recording a music video for his most recent hit single "One More Chance" from his greatest hits album "Number Ones" (which had been released at midnight hours before the warrants were issued and the allegations broke to the media).
On November 20, 2003, Michael flew in a leased jet to Santa Barbara Municipal Airport and surrendered himself to California police.
Driven by police to the Santa Barbara County Jail, he emerged from the police vehicle in handcuffs.
Many lawyers and Michael's supporters saw it as a police and media attempt to convince the public of his guilt while some saw a racial element to the police's actions.
He was charged with "lewd or lascivious acts" with a child younger than 14 under section 288(a) of the California Penal Code.
Michael posted $3 million bail and later requesting a reduction of that amount.
The prosecution opposed this as they argued that he might consider going to live in another country as a fugitive (citing Andrew Luster as an example: he fled to Mexico, notwithstanding his $1 million bail bond).
Many argued that Michael had good reason to be angered at the high level of bail as Phil Spector only had to pay $1 million in his murder trial & the high amount was seen as racist by some.
The bail was later ordered returned by the judge after Michael's acquittal.
Judge Rodney Melville temporarily exempted Michael from having to stay in the U.S. until January 6, 2004, so that he could make a possible trip to Britain, however, he did not use this exemption.
Shortly after being arrested, Michael was required to surrender his passport to the Santa Barbara authorities.
At the time of his booking, his weight was measured at 56 kilograms (120 lbs) (which was a notably low weight for a 1.8 metre (5 ft11 in) middle-aged man).
A series of public vigils to protest Michael's innocence (which were organized by fans) were held on November 23, 2003.
On November 25, 2003 it was revealed that (unknown to Michael), the private jet that was chartered to take him and his attorney from Vegas to California was secretly wired with recording devices.
A third party took recordings on this trip and attempted to sell them to major television and radio networks for a large amount of money, but all declined to purchase.
A restraining order against the jet company has been issued prohibiting the videotape from being shown to any third parties; a lawsuit demanding $500,000,000 was filed by Jackson's party against the perpetrators.
On November 26, 2003, it was revealed that XtraJet (the company that found the recordings and hidden cameras on Michael's plane on Monday) showed the video to several news organizations on November 24, 2003.
The Fox News Channel reported that the tape shows Michael calm and relaxed on the plane.
Michael's legal team (at that point) were awarded $18 million in damages in 2008 & the company went bankrupt.
Michael's Complaints Against the Police
During a "60 Minutes" interview with Ed Bradley, Michael claimed that he was manhandled by the police during his booking.
Among other things, he claimed that his shoulder was dislocated & that he was locked in a dirty bathroom for "over 45 minutes."
Michael also showed the camera clearly visible large bruises on his arm which he said was a result of tight handcuffs.
The Santa Barbara County sheriff released videotape showing Michael's arrest. They also released audio tape of his ride into the police station.
In it, Michael complains about the handcuffs and is politely told by an officer how he can relieve the discomfort.
He is heard to be whistling and he asks for the air conditioning to be turned on and it is.
The police allege this proves Michael's claims are false while Michael (and his family) claim that what is being shown is only a biased view of what occurred. California State Attorney General Bill Lockyer ordered an independent investigation into his complaints.
After interviewing 163 witnesses, the complaints were rejected in August of 2004.
The Charges Against Michael
On December 18, 2003, Michael was charged with seven counts of child molestation and two counts of administering an intoxicating agent in order to commit that felony, in February and March of 2003 (which all regarded the same boy under the age of 14 years old).
The felony complaint stated that on several occasions, Michael "willfully, unlawfully and lewdly committed a lewd and lascivious act upon, and with, the boy's body and certain parts and members thereof, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires" of him and the boy and that this sexual conduct had been "substantial."
Also that, on two of these occasions, he had administered to the boy an intoxicating agent with intent thereby to enable and assist himself to carry out the previously mentioned act.
Michael denied these allegations and said that the sleepovers were non-sexual. He still described the boy on whose statements the accusations were based as "a sweet child" and said he was being manipulated by greedy parents.
At the prosecution's request the judge issued a gag order which forbade the following parties to talk to the news media: the defendant, the prosecutor, defense counsel, any attorney working in their offices, their agents, staff, experts, any judicial officer or court employee, any law enforcement employee and any agency involved in the case and any persons subpoenaed or expected to testify.
The purpose was that people among whom a jury had to be selected were not influenced, however, he would consider proposals to allow either side to answer reporters' questions about rumors surrounding the case.
On January 16, 2004, Michael was arraigned at the court in Santa Maria & admonished by the judge for turning up 20 minutes late.
He was represented by attorneys Mark Geragos, Benjamin Brafman, Steve Cochran and Robert Sanger. Michael entered a plea of "Not Guilty."
Judge Melville turned down a media request for publication of 82 pages of documents and related tape recordings on the grounds of violation of the parties' privacy rights and complicating the process of selecting an unbiased jury.
It concerned the boy's accounts of what allegedly happened, interviews with his family, statements made during the child's psychological counseling and information about the Chandler's case.
In a court session on February 13, 2004, it was revealed that the defense had just received 400 pages of evidence from the lead prosecutor and that hundreds more were expected.
The judge said he wanted the trial to begin before the end of 2004. Both sides agreed that was possible. Michael was not present.
In the court session of April 2, 2004, the judge ordered papers to be released from the previous $3 million lawsuit started by the accuser's family against J.C.Penney department store.
Michael's defense said they would be used to show his innocence.
On April 5, 2005, Michael posted a $3,000,000 bail bond from Plotkin Bail Bonds of Norwalk, California, paying a bond fee of $300,000.
Grand Jury Proceedings & Indictment
In March of 2004, the grand jury proceedings (without defense counsel and without a judge present) in Santa Barbara led to Michael's indictment on April 21, 2004.
The grand jury had nineteen jurors; the indictment required the votes of at least twelve jurors. Prosecution witnesses testified without defense cross-examination.
The judge ruled that witnesses before the grand jury could talk to defense attorneys about their knowledge of the case as long as the witnesses did not tell what they saw in the grand jury room or what questions they were asked and their answers.
Many grand jury witnesses were sneaked into the building where the grand jury was meeting, sometimes covered in blankets to hide their identities.
In February of 2005, The Smoking Gun published the Grand Jury transcripts (which contained 1903 pages).
On April 25, 2004, Mark Geragos and Ben Brafman were replaced as Michael's lead counsel by one-time Robert Blake defense attorneys Thomas Mesereau and Susan Yu.
Steve Cochran and Robert Sanger continued to represent Michael although Steve left the team prior to trial. The second arraignment was held on April 30, 2004. Brian Oxman was brought onto the team by Mesereau.
The new charges (to which Michael plead "not guilty") were similar to the earlier ones allegedly "on or about and between" February 20 and March 12, 2003, but with the addition of conspiracy involving child abduction, false imprisonment and extortion.
The first two referred to the allegation that the accuser (although he was free to move within Neverland) was at some stages not allowed to leave the ranch even when his mother wanted this to occur.
The jury selection for the trial started on January 31, 2005, and the trial ended on June 13, 2005, when the jury returned a unanimous "Not Guilty" verdict on all fourteen charges.
Of the twelve jurors, eight were women and four were men. There were eight alternate jurors, consisting of four men and four women.
Ron Zonen conducted jury selection for the prosecution & Tom Mesereau for the defense.
Tom Sneddon gave the opening statement for the prosecution Tom Mesereau for the defense. Ron Zonen gave the closing argument for the prosecution & Tom Mesereau for the defense.
Tom Sneddon, Ron Zonen, Mag Nicola and Gordon Auchinloss examined witnesses for the prosecution; Tom Mesereau and Robert Sanger for the defense.
Brian Oxman was eventually removed from the defense team in the middle of the trial by Mesereau and Yu.
Outside of the courtroom, there were 2,200 reporters covering the trial (which was more than the O.J Simpson and Scott Peterson trials combined).
Because no television cameras were allowed inside the courtroom, E! and British Sky Broadcasting broadcast a re-enactment of the trial.
The first witness the prosecution called was Martin Bashir (who unsuccessfully fought his subpoena and brought an attorney with him from ABC).
His direct testimony was short; he gave some career background and testified that he had produced the show "Living With Michael Jackson" which was then played in its entirety for the courtroom.
In cross examination, Bashir's attorney objected to most of the questions, citing the California Constitution's journalist shield law and the First Amendment privilege for journalists (which he believed exempted Bashir from questions relating to unpublished footage of his documentary) or information about how it was prepared and produced.
Judge Melville decided that he would overrule the objections, giving Bashir the choice to answer or follow his lawyer's advice.
Judge Melville would review the testimony later to decide about charging Bashir with contempt of court.
Bashir refused to answer any of the questions his attorney objected to, which were mostly about what the defense suggested were examples of him deceiving and manipulating Michael.
On the morning of March 10, 2005, Michael was hospitalized due to a back injury. The judge threatened to issue an arrest warrant and forfeiture of the bail, if he did not show up within an hour.
Michael was rushed to the courthouse still wearing pajama pants and slippers.
This incident was heavily covered in the media with Bill Fallon even suggesting Michael's attire indicated his guilt, calling him "a nut," "mentally ill" and saying:
"If anybody has any question about Michael Jackson being able to commit this crime...this proves he doesn't listen to anybody."
It was claimed Michael simply hadn't had time to go home to change.
The alleged first sexual act was Michael masturbating Gavin on his bed. Michael allegedly initiated the molestation by urging the accuser to masturbate, telling him that boys who didn't "might rape a girl."
However, in a police interview before the trial, Gavin was asked what he knew about masturbation and he said:
“My grandma explained it to me. She told me that...if men don’t do it...they might go ahead and rape a woman."
When asked about this coincidence, the accuser maintained that both his grandmother and Michael had happened to tell him the same thing, but with different motives.
The accuser testified that during that first sexual incident, he was wearing pajamas given to him by Michael and that the two of them "were under the covers."
Michael allegedly manipulated the accuser's genitals for about five minutes, causing the accuser to ejaculate.
Afterwards, the accuser said, Michael told him "it was okay" and they "just went to sleep."
The next night, Gavin testified that "the same thing happened again" in Michael's bed, both of them wearing Michael's pajamas, but now they were on top of the covers and maybe "watching T.V. or something."
This time, Michael also tried to guide the accuser's hand to his genitals, but the accuser pulled away. Gavin couldn't remember for sure if he ejaculated the second time but he thought he did.
In an early interview with Sneddon, the accuser claimed he had been molested before the rebuttal video, but in court he testified that all the molestation was after the video was filmed.
The number of times he claimed to have been molested is also unclear, as he only testified in court to two incidents, but he had previously told Sergeant Steve Robel that he thought it was "between five and seven times."
The accuser's 14-year-old brother Star testified that he'd walked into Michael's bedroom and seen him masturbating himself and the sleeping accuser.
He testified that he'd meant to go to sleep in Michael's room, found the door "kind of locked, so [he] pushed it, and it opened" and walked some ways into the room and stopped when he saw what Gavin and Michael were doing.
He testified they were on the bed "outside of the covers," Michael was on his back with his eyes closed and Gavin was "curled up" facing away from Michael and was "kind of snoring."
Star couldn't remember what his brother had been wearing, but he said it might have been "pants or underwears" & that Michael was wearing "socks, underwears and an undershirt," but later said Michael's "hand was in his pants."
He variously used the words "pants" and "underwears" for both Gavin and Jackson to describe what they were wearing.
One aspect that made his testimony weak was that Star (the only witness to the alleged molestation) claimed he twice walked in on Michael molesting Gavin and was completely unnoticed, even while tripping the alarm system in the hallway leading to Michael's bedroom.
There was an alarm or bell noise that sounded whenever someone approached & Star claimed that on both occasions the alarm went off and Michael just did not hear it, or see or hear the boy come and go.
Star said he stood watching for about four seconds before he "just went back to the guest units."
Star testified that two days later he had an almost identical experience. He allegedly walked into Michael's bedroom and saw that "the same thing was happening" with him "masturbating, stroking up and down" & his other hand moving around in Star's sleeping "brother's underwears" and this time Star only stayed for three seconds before returning to the guest units.
Star's account of the sexual act on the second occasion neither matched the description he gave during an interview with the psychologist Stanley Katz nor his statement given in police interviews in 2003.
On May 29, 2003, Star Arvizo said in an interview with the psychologist Stanley Katz that he witnessed Michael placing his hand on Gavin's crotch outside his clothes.
On July 7, 2003 (during his first interview with sheriff's investigators) Star's story changed.
He claimed during the first incident Michael placed his left hand under the front of his brother's pajama pants.
On August 13, 2003, Star changed his account a third time in a police interview when he claimed Michael had placed his hand inside the front of his brother's boxer shorts.
Dr. Katz's grand jury testimony about what Star had told him included a story about Michael "rubbing his penis against Gavin’s buttocks" and another about smelling marijuana.
In court, Star denied that he'd made the allegations and refused Mesereau's offer to "refresh [his] recollection [by showing Star] that page of [Katz'] testimony."
The accuser and his brother both testified that on one brief occasion, they saw Michael naked, but the boys described the incident differently.
According to Star, the brothers were watching a movie on Michael's bed and Michael came in to fetch "something."
Star testified that Michael "had a hard-on" and that he told the boys (who were "grossed out") that nudity was natural.
Star said Michael stayed for two minutes and sat on the bed, but neither brother spoke a word during that time.
According to Gavin, the boys were "just laying there" when Michael "ran up there and got something and went back downstairs" without saying anything. He did not describe Michael as having an erection.
The accuser's mother testified that on a flight from Miami to Los Angeles, she "saw Michael licking Gavin’s head" while he was asleep.
Before the mother testified about it, she turned to the jury and said, "please don't judge me."
Michael allegedly had an arm around the boy and licked his hair "over and over" while everyone else on the plane was asleep.
Janet said she didn't tell any one what she'd seen, and she continued to let her children stay at Neverland, and she later testified that at a point weeks after that incident, she still didn't have "any concerns about Mr. Jackson at all."
Star contradicted his mother when he testified that he had been awake to also witness Michael lick Gavin's head on the plane and didn't say anyone was asleep, just that the accuser was not feeling well and had leaned against Michael's chest.
A woman named Cynthia Bell, (who was a flight attendant on that flight) testified that she'd been awake, she could see everyone & that she saw no inappropriate touching.
Many witnesses testified that the Arvizo children were poorly behaved and demanding.
Staff members of Michael gave evidence that they broke into Michael's wine cellar, and had been caught in Michael's bedroom on their own and going through his things.
The housekeeper Kiki Fournier testified that the guest quarters that were assigned to the boys were trashed by them and at one point, the accuser's brother pointed a knife at her in Michael's kitchen.
Cynthia Bell (who was on a plane carrying the Arvizo children, Michael and other people) testified that Gavin was "very rude" and "obnoxious" during the flight, started a food fight and bragged to her that Michael would buy him anything.
Witness George Lopez (who has been a friend of the accuser's family) gave the family money, but had a falling out when the father kept asking for more.
George also described an incident when the Arvizos allegedly tried to con him by framing him for stealing $300 from Gavin's wallet.
This allegation was used to illustrate a pattern of family behavior, however the accuser's sister, Davellin testified that these problems were all caused by her father before the divorce.
Other popular comedians testified about their run-ins with the Arvizos.
Chris Tucker claimed he had felt sorry for them and had taken them out, bought them things & given them money, but felt the Arvizos expected too much, calling him their "brother" & taking advantage of him.
He testified that he had warned Michael about the family, who he called "cunning."
Jay Leno testified that Gavin Arvizo called him and praised him lavishly with a woman directing him in the background.
He was suspicious and ordered his staff not to let any more of these calls through.
On the first day of her testimony, the accuser's mother, Janet Arvizo took the Fifth Amendment regarding welfare fraud and perjury allegations.
Judge Melville ruled that she could testify without being questioned about the fraud and perjury allegations.
The defense would later have the opportunity to present other evidence for the welfare fraud.
Janet admitted that she had lied under oath in the J.C. Penney case and other witnesses testified that Janet had lied about the alleged sexual assault by J.C. Penney employees, and that she had coached her children to corroborate her story.
After leaving Neverland, the accuser told his school administrator that Jackson had not molested him.
During the trial, he claimed that this was a lie as he was teased after "Living with Michael Jackson" aired and reasoned that he didn't want them to think anything really happened.
The timeline is unclear because the alleged molestation did not occur until after the documentary aired.
The accuser testified that he was always happy at Neverland and that only as he was leaving did he realize he didn't want to be there anymore.
Conspiracy & False Imprisonment
The first of the charges "conspiracy to commit child abduction, false imprisonment and extortion."
Janet Arvizo claimed that she and her family had been held captive at Neverland as well as at a couple of hotels when traveling with Michael.
She expressed her mistrust of "the Germans" (who were Dieter Weisner and Ron Konitzer).
Michael testified that they pretended to want to protect her, telling her the rebuttal video "would appease the killers," but that "Michael, Ronald, Dieter, Frank, and Vinnie...ended up being the killers."
At one point, Janet testified that she'd known what questions she'd be asked in the rebuttal video, that Frank "went over" them with her on the phone beforehand and told her to praise Michael.
On another day of her testimony, Janet claimed "the Germans" had scripted every word of the video, even the hand-holding, laughing and the outtakes when they appear to think the camera isn't on and the Germans had "worked with [them] daily, numerous times" to learn it all.
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.
The other staff testified that the idea that the family were prisoners of Neverland was ludicrous & that there was no fence surrounding the property and the guards did not carry weapons.
During their alleged captivity, the Arvizos took shopping trips into town & billed $3,312.05 worth of purchases to Michael Jackson.
They also met with their lawyer and visited a Federal building during this time and made phone calls to various people, though never the police.
Janet testified that she was dropping hints "in code" about her kidnapping during the calls & she explained that she never openly asked anyone for help because of the death threats Michael's co-conspirators allegedly made towards her parents.
Janet and Star claimed Michael was preventing them from knowing the time or date.
When Mesereau pointed out that there were clocks visible "almost everywhere" in Neverland (including a giant "flower clock" on a prominent hill), Star admitted that he was surrounded by clocks but claimed that they had the wrong times.
Janet's claims included that she was restricted to "one meal per day" and that Michael's associates had threatened to make her children "disappear" via hot-air balloon.
The Arvizos "escaped" Neverland three times (in Rolls-Royces and limos), but they were "convinced" to return each time.
When the prosecution presented a complicated chart of phone calls between Jackson's "unindicted co-conspirators" trying to show that they were scheming about the Arvizos' captivity, they accidentally proved that Michael was not even at Neverland for several of the days of the two in a half week time-frame given for the alleged molestation and may have been in Miami the day the molestation and conspiracy were alleged to have started.
The prosecution alleged that Michael showed pornography to children at Neverland, including the accuser and his brother.
The raids on Neverland produced an accumulation of ten years' worth of heterosexual adult magazines such as Playboy, Penthouse and Hustler. The prosecution alleged these were used for grooming young victims.
Brett Barnes and Wade Robson (two men who have been friends with Michael since childhood) testified that they had not been "aware that [Michael] possessed sexually explicit material" until the trial.
There were also a few books seized (from a library of thousands) that the prosecution suggested were evidence of homosexuality and/or pedophilia.
The book "Boys Will Be Boys" included pictures of boys, many naked, in various non-sexual activities such as climbing a tree or sitting on a bench.
The book had an inscription reading:
"To Michael: From your fan. Love XXXOOO Rhonda – 1983, Chicago."
Wade Robson testified he considered the book was "not a pornographic book" and said he would not be concerned about its owner being in the same bed as a 12-year-old.
Another book called "The Boy: A Photographic Essay" was inscribed:
"Look at the true spirit of happiness and joy in these boys' faces. This is the spirit of boyhood, a life I never had and will always dream of. This is the life I want for my children. MJ."
The book contained pictures of boys in various situations by different photographers, including pictures taken during the filming of the 1963 "Lord of the Flies" movie and showed the boys on the set, usually clothed, but sometimes nude, playing in the sand, reading comic books, and having pillow fights.
The only book depicting male sex acts was a rare out-of-print book called "A Sexual Study of Man" which featured many images of adult men engaged in all kinds of homosexual intercourse.
Wade said he would be concerned if the book's owner were to share his bed with a boy, but he amended that he would not mind if he considered the total picture of all the material in question.
Robson testified that he believed Jackson had a "sexual interest in women," and that he had never seen "anything that suggested pedophilia" at Neverland.
Jackson's multiple residences were searched multiple times by multiple agencies over a period of days, without any child pornography ever being found.
The FBI analyzed sixteen computers and found "nothing notable" according to their files.
Gavin and Star Arvizo testified that Michael had introduced them to pornography. Star described a time when he, his brother, Frank Tyson and Michael had looked at "pornography sites" on his computer.
The pictures were of naked women and Michael allegedly whispered to his sleeping son, "you're missing some pussy" before they all watched "The Simpsons" and went to sleep.
Star also testified to twice looking through adult magazines with Gavin, Michael, and Aldo Cascio.
He identified a picture of a particular Barely Legal magazine that he said Michael showed the boys until Mesereau pointed out that the magazine had not been published until August 2003 (five months after the Arvizos had left Neverland).
Fingerprints of Gavin and Michael were found on a particular magazine, but it was only analyzed for fingerprints after the 2004 grand jury proceeding when Gavin handled the magazine without gloves.
The charges included four counts of administering alcohol to a minor, which the jury could either find was done with intent to molest (a felony charge), or without (a misdemeanor).
All of three Arvizo children testified that Michael had served them alcohol.
Gavin testified that the first time he ever drank alcohol was in the wine cellar with Michael where he allegedly swallowed a quantity of vodka thinking it was water.
He testified that after the Miami trip, he was drinking (wine, vodka, rum, bourbon) every night that Michael was home, however, in an early police interview, he said he "didn't drink a lot" at Neverland.
The prosecution's "grooming" theory held that Michael used alcohol to lower Gavin's inhibitions in order to molest him, and the accuser testified that the first time he was molested, he and Michael had just come "back from drinking in the arcade."
He also described a time when he was undergoing urine tests related to his cancer treatment.
The accuser was worried that alcohol would be detected, but he was allegedly pressured by Michael to drink anyway and not take the test.
Star claimed that his first time drinking alcohol was on the flight back from Miami after Michael allegedly handed him a Diet Coke can filled with wine.
Star testified he did not know what the drink was when he tasted it, and that it reminded him of the smell of rubbing alcohol (which was a comparison that Gavin also made).
Star said Gavin and Michael were sharing the soda can and acting "really weird," however a flight attendant named Cynthia Bell (who had served Michael on the Miami flight and others) testified that she never saw him share his drink with Gavin or anyone else.
Cynthia testified that she had come up with the tradition of serving Jackson wine in Diet Coke cans during flights, because "Michael Jackson is a very private drinker" who didn't want the children to see him with alcohol.
Evidence of Prior Bad Acts
In order to show a pattern of behavior, the prosecution claimed that they would present evidence that Michael had molested five boys in the past.
Three of the people they named: Macaulay Culkin, Brett Barnes, and Wade Robson, all testified that they were long-time family friends of Mihael and had slept in his bed, but that Michael never molested them or did anything sexual with them.
Macaulay said he'd "never seen him do anything improper with anybody" and called the allegations "absolutely ridiculous." He also said that Barnes said they made him "very mad."
All three men described the time they spent in Michael's two-story bedroom as childish fun, with video games, movies and many people sleeping in the room at one time.
Macaulay added that he'd "never seen [Jackson] do anything improper with anybody" and that he was shocked the prosecution would put on witnesses who said Michael molested him without even asking Macaulay if it was true.
Those witnesses (who had testified that they'd seen Jackson molest these young men) were Ralph Chacon, Kassim Abdool and Adrian McManus (who were three ex-employees at Neverland Ranch).
These three people had credibility issues, because they were part of a group of five ex-employees who sued Michael Jackson for wrongful termination in 1995.
Michael counterclaimed that they had stolen property and sold some of it to tabloids, he won and was awarded $60,000 in damages; the ex-employees were fined for lying in court and were ordered to pay $1.4 million for Michael's legal fees.
Jason Francia (who was the son of a former Neverland maid) was the only alleged prior victim to testify.
Jason described three times he had been playing with Jackson, they were tickling each other & Michael ended up tickling his "little private region" outside of his clothes, for a few minutes at a time with Jason laughing all the while.
Jason testified that the third time, Michael had reached up the leg of his shorts and touched his testicles.
He claimed he needed five years of therapy because of the ordeal. He received settlement money from Michael and testified that he thought he deserved even more money from him.
Jason also admitted that he and his mother had sold stories of his alleged inappropriate tickling to the tabloids.
When Jason Francia originally talked to the police after the 1993 allegations, he told them he had never been touched inappropriately.
He made that claim only after extensive police questioning in which they repeatedly called Michael a "molester" and told Jason that Macaulay Culkin was being molested right then and Jason could put a stop to it if he confessed.
Jason also testified that Michael gave him money after each tickling incident, which is similar to something he said in his original police interview & that Michael would give him money each time he finished reading a book or got an "A."
The final alleged victim was Jordan Chandler (who received a settlement from Jackson in the 1993 case).
Ralph Chacon (who had declared bankruptcy because of what he owed Michael) testified that he had watched through a window as Michael performed oral sex on Jordan in the showers of a rec room.
Chacon never reported this to the police even when less than a year later, they investigated allegations of Michael abusing Jordan.
Adrian McManus testified that she'd seen Jordan and Michael kiss on the mouth and that Michael put his hand on Jordan's crotch.
During the 1993 investigation, Adrian told the police, under oath that she had never seen any molestation and that she trusted Michael with her own son.
Jordan (who was 25 years old by the trial) chose to leave the country rather than testify & the only person in his family who showed up was his mother, June Chandler.
June denied having seen any molestation, but talked about Jordan and Michael sleeping in the same room on numerous occasions, including that she initially didn't want them to, but was persuaded by Michael who cried and was hurt that she didn't trust him.
June testified about Jackson buying all kinds of gifts for the family, the trips they'd been on together, and how fun it was to be part of Jackson's world.
She said she'd been concerned that her son was starting to dress like Michael and wanting to spend all his time with him.
When asked about the lawsuits that ended up coming from her family's involvement with Michael, June made the distinction that (even though she was listed as a plaintiff and received settlement money) it was not she who sued Michael, but Jordan and his father Evan.
She claimed not to recall that Jackson had counter-sued for extortion, or that her second husband Dave Schwartz had sued Michael or that Evan Chandler had sued him a second time.
Thomas Mesereau said in a Harvard lecture later that year:
"The prosecutors tried to get [Jordan] to show up and he wouldn't. If he had, I had witnesses who were going to come in and say he told them it never happened and that he would never talk to his parents again for what they made him say. It turned out he'd gone into court and got legal emancipation from his parents."
June testified that she had not spoken to her son since 1994.
The prosecution sought to have Michael's financial records exposed in the trial.
They claimed that he was 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, he was on the brink of bankruptcy.
They argued that this could have been a motive for Michael to resort to the alleged conspiracy to control the public relations damage of the Martin Bashir documentary, and thus control the resulting financial damage.
Based on motions filed by Sanger, 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.
Despite these allegations, according to Forbes, Michael was still making as much as $75 million a year from his publishing partnership with Sony.
Credibility of the Prosecution Witnesses
There is a question not only of the credibility of the main accuser, his mother and his entire family, but also of the many witnesses called to testify in the trial.
Prosecution witness Chris Carter (who had been Michael's bodyguard from August of 2002 to August of 2003) was arrested in Las Vegas on February 19, 2005 after police searched his mother's house and found a handgun & he had been accused of robbing a RadioShack in October of 2003, Subway sandwich shop in August of 2004, a KB Toys store in January of 2005 and a Jack in the Box restaurant in February of 2005. He refused to testify.
Adrian McManus (who was a former maid in Neverland, one of the "Neverland Five" who lost their suit against Michael) was convicted of stealing a sketch of Elvis Presley made by Michael and selling it to a tabloid for $30,000.
Philippe Lamarque (who was a potential witness who ultimately did not testify) was the host of a porn site called "Virtual Sin."
The apes of a conversation he had with Paul Baressi showed that for $100,000, Lamarque would say he saw Michael touch Macaulay Culkin's crotch outside of his shorts, but for $500,000, the hand would go inside the shorts.
Journalist Matt Taibbi wrote:
"The trial featured perhaps the most compromised collection of prosecution witnesses ever assembled in an American criminal case...the chief drama of the trial quickly turned into a race to see if the DA could manage to put all of his witnesses on the stand without getting any of them removed from the courthouse in manacles."
Media Bias Allegations Against Michael
In 2010, Charles Thomson wrote a piece for The Huffington Post called "One of the Most Shameful Episodes In Journalistic History" in which he detailed the story (as he saw it) of why "the trial that was relayed to us didn't even resemble the trial that was going on inside the courtroom."
Luka Neskovic also wrote an article for The Huffington Post called "How The Media Shattered The Man In The Mirror" in which he said:
"Except for this trial was declared a "trial of the century" and displayed media at their worst. Sensationalism, exclusivity, negativity, excentricism, chaos, and hysteria were some of the features. After all, that was the thing that interested them and us the most (and unfortunately there are few who do not fit into stated majority)."
During the trial, Matt Drudge accused the media of largely ignoring testimony and evidence that exonerated Michael and said that:
"Out here...Michael Jackson is being literally crucified...I think if you did a pulse poll, of people listening to these local talk shows, they would say 95% that Michael Jackson did all this...because it’s based on the coverage."
Court TV hired tabloid journalist Diane Dimond to cover the trial even though she had previously been sued by Michael and evaded the suit with the help of prosecutor Sneddon.
Crime reporter Aphrodite Jones wrote about what she saw as extreme media spin in her 2007 book "Michael Jackson Conspiracy" (which she self-published because she said all of the publishers she talked to were unwilling to touch a pro-Jackson book).
Court Dates of the Trial
- January 31st – The jury selection begins.
- February 24th – Jurors and alternates seated.
- February 28th & March 1st – The opening statements begin.
- March 1st – The prosecution testimony begins.
- May 4th – The prosecution rests.
- May 5th – The defense testimony begins.
- May 25th – The defense rests/prosecution rebuttal begins.
- May 27th – The prosecution rebuttal ends and the defense offers no rebuttal.
- June 1st – The jury gets instructions.
- June 2nd & June 3rd – Closing arguments.
- June 13th – The verdict delivered.
As of April 15, 2005, all weekdays from February 28, 2005 were court days except for:
- March 31st– César Chávez Day (holiday)
- April 6th – the funeral of Johnnie Cochran
- May 30th – Memorial Day (holiday)
A few court days were without jury and without Michael.
On these days motions were discussed and ruled about. These were on March 11th and 18th and the first part of March 28th.
There were also several days in which Michael was unable to attend.
- February 15th – The questioning of potential jurors was postponed until February 22nd after Michael was hospitalized with flu like symptoms.
- March 21st – Court was delayed for 45 minutes after Michael showed up late again complaining of back trouble. After meeting with attorneys and the doctor, Judge Melville resumed the court into session without threatening to revoke his bail.
On June 13, 2005 at approximately 2:25 pm PDT (21:25 UTC), the jury of the Superior Court of the State of California (which was held in and for the County of Santa Barbara) determined that Michael was not guilty on all 10 felony and 4 misdemeanor charges.
In May of 2013, choreographer Wade Robson (who testified in the trial in Michael's defense) said in an interview with the "Today Show"'s Matt Lauer that from the age of seven to around fourteen years old, Michael "performed sexual acts on me and forced me to perform sexual acts on him."
Recent tabloid journalism claimed that during Michael's trial, Blanca Francia (a former housekeeper of Michael's) testified that she had witnessed Michael showering with Wade when he was 8 or 9 years old which he denied.
In May of 2013 Francia agreed to testify at Wade's lawsuit against Michael at Wade's request.