by John M. Curtis
(310) 204-8700

Copyright April 7, 2005
All Rights Reserved.

iving shocking testimony at the child molestation trial of pop-icon Michael Jackson, former Jackson security guard Ralph Chacon delivered a punishing blow to Grammy-winning singer's defense. Since Santa Maria Superior Court Judge Rodney Melville ruled March 28 that he would admit prior acts of molestation at trial, Jackson's attorney Thomas Mesereau Jr. has been back on his heals. At least seven other molest victims have come forward to testify against the 46-year-old pop star. No matter how Mesereau hammers away at witnesses, the jury is hearing too many comparable allegations. So far, Mesereau's only defense—like Jackon's accuser—is impeaching the credibility of witnesses, imputing sinister financial motives, namely, extorting money from eccentric multimillionaire. Mesereau accused Chacon of trying to “extort” $16-million from Jackson.

      Chacon testified that he witnessed firsthand Jackson kiss, fondle and perform oral sex on an 8-year-old boy back in the early ‘90s. Jackson retained the late Johnnie Cochran who eventually reached an out-of-court settlement in 1994 for around $15-20-million. California law related to child molestation permits prior acts to be admitted as evidence. Santa Barbara County District Atty. Tom Sneddon failed to get a crack at Jackson in ‘93 but seems to be making up for lost time. No matter how badly Mesereau damages Chacon's credibility, jurors can't help but hear a preponderance of damaging testimony against Jackson. “After a six-month trial, this is a good way to get even with him, isn't it?” asked Mesereau, establishing a clear motive for Chacon's testimony. Having sued Jackson for $16-million and lost in court, Mesereau gave jurors a plausible explanation—revenge.

      Given Chacon's legal wrangling with Jackson, there's no doubt Mesereau scored points with the jury. But with all the child abuse allegations against Jackson, it's becoming more difficult to dismiss everything as simply “extortion.” Prior acts show the jury that Jackson's current accuser couldn't be totally in left field. Chacon testified that sometime in 1992 or 1993, Chacon observed Jackson perform fellatio on Jackson's 1994 accuser. It's one thing to hear about fondling, but oral sex crosses the line for most jurors. Jackson stands accused of molesting a 13-year-old cancer patient, giving him alcohol and holding his family hostage. Adrian McMannus, Jackson's former maid between 1990 and 1994, testified she saw Jackson kiss childhood actor Macauly Culkin, though Macauly denies any abuse. With all the miscellaneous reports of molestation, it doesn't seem so farfetched.

      Dismantling witnesses doesn't rehabilitate Jackson's credibility, reeling from multiple sexual abuse allegations. With all the notoriety, Jackson won't be doing Pepsi commercials anytime soon. Mesereau prays that enough reasonable doubt undermines Sneddon's case. Finding inconsistencies in witness testimony works both ways: On the one hand, Mesereau can show it implies perjury but, on the other hand, it can lead to new facts before the jury. Mesereau pointed out McMannus' 1993 deposition in which she testified she never saw Jackson engaged in abuse. In response, McMannus testified that she was coerced into making false statements, telling the jury that Jackson threatened here. “He said, ‘All I have to do is tell [them] and they would take care of you,'” stating she would be harmed if she told the truth. Mesereau's defense, while consistent, accuses all witnesses of extortion.

      Reading the jury's body language, Chacon's graphic testimony elicited blank, almost stone-faced reactions from jurors, while they jotted down copious notes. Unfortunate for Mesereau, Chacon recounted specific details, lending some weight to his testimony. He recalled seeing Jackson in late 1992 or early 1993 showering with boy in a bathroom at Jackson's “Neverland Ranch” video arcade, after climbing out of a Jacuzzi. “I was thinking what's going on here? There's a grown man in a shower with a boy,” testified the ex-security guard. “It wasn't right.” If that wasn't enough, Sneddon got Chacon to recall another incident in which he saw Jackson and a boy French kiss, running his hands he underneath his pants, groping his privates. McMannus also corroborated another incident in which she witnessed the pop star kissing and fondling the boy with whom Jackson settled out-of-court in 1994.

      Plugging multiple leaks in the dike, Mesereau uses the “one-size fits all” defense, attributing greed and extortion to Jackon's accusers. Unfortunately for Mesereau, there are too many corroborating stories for the jury to simply ignore the evidence. Whatever the circumstances surrounding Chacon's or McMannus' firing or legal actions, they still introduced shocking testimony about Jackson's unacceptable behavior. “You tried to extort Mr. Jackson, didn't you?” Mesereau asked Chacon rhetorically, over the objections of Sneddon. While the jury doesn't know the out-of-court settlements for Jackson's alleged molestations, they have heard damaging testimony from multiple sources. Mesereau is back on his heels battling to rehabilitate Jackson's credibility. There's simply too much bad news before the jury. Mesereau won't have the luxury of putting Jackson on the witness stand.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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