by John M. Curtis
(310) 204-8700

Copyright April 23, 2004
All Rights Reserved.

iving Michael Jackson more bad news, a Santa Barbara County grand jury indicted the 45-year-old pop legend for felony child molestation—the exact same charge he dodged in 1993 when he completed a costly out-of-court settlement with the family of a 13-year-old boy. In January, Santa Barbara County District Attorney Thomas Sneddon Jr. charged Jackson with seven felony counts of lewd or lascivious acts with a child under 14 and two counts of giving the child an “intoxicating agent.” “We remind the public that Michael Jackson, like any other person accused of a crime, is presumed to be innocent,” said a statement from attorneys Mark Gerragos, Robert Sanger, Benjamin Brafman and Steve Cochran, refuting the grand jury. Deliberating for 13 days, a 19-member grand jury found enough evidence to indict the music icon, prompting the DA to consider “special allegations.”

      Should Jackson get convicted, Sneddon's “special allegations” prevent the judge from giving probation, suggesting the sexual abuse was too egregious. With a media blackout, grand jurors heard privately from more than a dozen witnesses, giving corroborating stories. Jackson's denials don't jibe with “John Doe's” mother, father, brother and two attorneys, Larry R. Feldman and William Dickerman. Feldman represented another teenager in 1993, with whom Jackson arranged a multimillion settlement. Not helping matters was testimony by the alleged victim's psychologist, Dr. Stan Katz, who treated the teenager back in 1993. Raising some eyebrows, it's curious that Katz received both referrals from Feldman, promptly reporting the alleged incident to child protective services. Katz claims that the sexual abuse was inadvertently revealed in a therapy session with the alleged victim.

      Both of Jackson's alleged victims were referred to Katz by Feldman, suggesting, at the very least, Feldman arranged the referrals. Neither of Jackson's alleged victims sought counseling on their own but instead were referred by Feldman. Dredging up Jackson's 1993 accuser, prosecutors no doubt tried to establish a pattern-and-practice of behavior. Yet, grand jurors never considered the implications of Feldman referring Jackson's alleged victims to Katz for therapy. While everything appears Kosher, it's possible that Feldman—and the alleged victims' family—seized another opportunity to milk Jackson. It worked in 1993, why not 2004? The fact that both victims were referred by Feldman to Katz doesn't sit right. It's unlikely that Katz was randomly referred both victims. Jackson's new accuser's family no doubt pursued Feldman for his high-profile case and big payday in 1993.

      Despite settling out-of-court, the grand jury heard testimony from Jackson's alleged 1993 accusers. Even Jamie Masada, the owner of the Laugh Factory, who introduced Jackson and the alleged victim at Childrens Hospital, testified on the victim's behalf. While Los Angeles police are looking into other accusations, there's no credible evidence that there are other victims. All along, Jackson never denied that he had under-aged minor spending the time in his bed, insisting on his innocence. “Why can't you share your bed? The most loving thin to do is to share your bed with someone,” said Jackson in a British documentary broadcast by ABC in 2003, revealing the pop singer's bad judgment. Showing he's got nothing to hide is one thing but talking about intimacy with preteens gives second thoughts. Whatever the allegations, Jackson's judgment looks impaired.

      Facing 20 years in prison, Jackson's legal team has some heavy lifting, considering the amount of circumstantial evidence. His attorneys will have to attack the credibility of all accusers, both past and present. Jackson's attorney Benjamin Brafman already accused the DA of withholding exculpatory evidence from grand jurors. Yet prosecutors tend to lay out evidence consistent with police reports. Whatever the evidence secretly presented to grand jurors, at least 12-of-19 agreed with the DA's case. Getting character witnesses from longtime Jackson friends, like actress Liz Taylor, doesn't give exculpatory evidence. Santa Barbara DA Sneddons must still account for how Feldman and Katz wound up with both cases. Jackson smells a rat, framing the flamboyant entertainer for purely greed. Jackson denies all allegations yet his past multimillion-dollar payout looms large.

      Far from a slam-dunk, the Santa Barbara County DA will have to convince a skeptical jury that Jackson faces entirely unrelated allegations. With both alleged victims sharing the same attorney and psychologist, it's difficult to separate the two incidents. While Jackson settled in 1993, current allegations seem remarkably similar to past events. Pointing the finger at Jackson for a pattern of behavior works both ways: Either he's a pedophile or the new alleged victim is a financial predator, seeking to copycat the first alleged victim's road to riches. Jackson doesn't help his cause appearing on film holding hands with the alleged victim. Whether recent or past allegations stem from a financial predators is anyone's guess. One thing's for sure: Jackson's Neverland Ranch should be off limits to under-aged minors without supervision—if, for no other reason, to keep history from repeating itself.

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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