Jackson formally charged in child molestation case
By John Springer
Court TV
 |
Michael Jackson
Story Tools
|
(Court TV) -- Pop music superstar Michael Jackson engaged in "lewd acts" with a boy under age 14 at the entertainer's Neverland Ranch between February 7 and March 10, and twice supplied the boy with "intoxicating agents," prosecutors alleged in court papers filed Thursday.
Moreover, the complaint accuses Jackson of having "substantial sexual conduct" with the alleged victim.
The complaint filed in California Superior Court in Santa Maria formalizes charges made against Jackson, 45, when he surrendered to authorities more than three weeks ago. The felony charges grew out of an investigation launched after Jackson discussed his fondness for children in a documentary broadcast by ABC Television.
The case came to a head Nov. 18, when a small army of investigators swooped down on Jackson's vast estate with search warrants while he was recording in a Las Vegas studio. Jackson has denied, through his lawyer, having any sexual contact with children but acknowledged in the documentary that minors in the past have slept in his bed while he slept nearby on the floor.
"The findings could make Mr. Jackson ineligible for probation and could substantially affect the amount of time he could spend incarcerated, if the findings are found true," Santa Barbara County District Attorney Tom Sneddon told reporters outside the courthouse after filing the complaint.
"We are not going into the facts of the case," Sneddon said in response to repeated requests for more details. "The charges speak for themselves."
|
Sneddon: "The facts speak for themselves."
|
Although the indictment uses the phrase "intoxicating agent," Sneddon indicated that the felony counts were brought because Jackson allegedly gave the unidentified victim "liquors."
Jackson's lead defense attorney, Mark Geragos, held his own press conference to repeat his claim that the allegations against the entertainer are false and motivated by "money" on the part of the accuser's family and "revenge" by investigators, an apparent reference to an unsuccessful effort to bring criminal charges involving a different accuser in 1993.
"I can tell you right now, unequivocally, there is no truth to any of this," Geragos said. "I'm here to tell you right now, Mr. Jackson is going to fight these charges with every fiber of his soul."
Under California law, Jackson could face three to eight years in prison if convicted of just one count of sexually molesting a child under age 14. In theory, Sneddon could call just one witness to testify -- the boy -- and then rest his case.
There are plenty of cases in California legal textbooks in which defendants were convicted and sent to prison based on nothing more than a complaining witness's testimony and the belief by jurors that the child was telling the truth.
"If you believe the victim, then you can have proof beyond a reasonable doubt," said Laurie Levenson, a former California prosecutor and current Loyola Law School professor.
As a practical matter, the prosecution likely would call many witnesses and offer exhibits to corroborate the boy's story. Jackson's own television interview about his relationship with children and the time they have spent at his Neverland Ranch are likely to become part of the case, if it goes to trial.
In cases where a victim's testimony is paramount and little physical evidence is offered, the passage of time can benefit a defendant. Geragos already has a full plate defending former fertilizer salesman Scott Peterson against charges he murdered his pregnant wife.
"There may be venue motions, motions to suppress search warrants and all that. I don't think it is coming to trial right way," Levenson said, referring to the Jackson case. "There is one caveat. If Geragos senses that the prosecutors were not ready and they were surprised by the Department of Children and Families report, he may push for an early trial. But otherwise, there's no rush."
|
Jackson attorney Mark Geragos speaks to reporters Thursday.
|
In that report, which was leaked last week to Court TV's The Smoking Gun Web site, social service workers concluded after talking to the alleged victim and family members that a complaint to a tip line claiming Jackson molested the child was "unfounded."
Sneddon and Jim Anderson, Santa Barbara County's sheriff, downplayed the significance of the confidential memo in a joint statement.
"Our investigators were aware of the contents of the interviews prior to seeking the search warrants and arrest warrant for Mr. Jackson," the two officials said. "Given what we know, we do not consider the DCFS statement a significant factor.
Asked about that DCFS probe, Sneddon said, "To call that an investigation is a misnomer. It was an interview. That's all it was."
Jackson was not required to be in court Thursday. By agreement between the prosecution, defense and a judge, Jackson's Jan. 9 arraignment has been rescheduled for Jan. 16. in addition, the signer will be permitted to travel to England Saturday for the holidays.
Jackson remains free on $3 million bail.
In 1993, similar allegations against Jackson surfaced but no criminal charges were filed. Jackson maintained his innocence but reportedly paid a multimillion-dollar civil settlement to a boy who refused to cooperate with a police investigation.
