Untouchable
Page 94
Feldman report of alleged molestion of Gavin Arvizo: Feldman testimony, affidavits/court file. Katz interview, Janet Arvizo timeline of discovering alleged molestation: court file; Janet Arvizo was compelled to acknowledge these facts on the witness stand. MJ perception of Dimond/Orth out to get him: MJ via Mesereau; the two women sat together all during the trial, and have publicly maintained their belief in MJ’s guilt. Dimond reporting/commentary on sexual abuse allegations against MJ: see MJ’s own Web site, michaeljackson.com, and various other pro-MJ Web sites (obviously, the presentation there is slanted against Dimond in every way imaginable, but the accounting of the underlying facts is largely accurate). Dimond defends her work on her own Web site, dianedimond.com, but those who want a report on this that is both sympathetic and penetrating should perhaps read Lola Ogunnaike’s New York Times article “A Dogged TV Reporter Defends Herself in the Jackson Case.” Dimond/love letters: Larry King/“Analysis of the Michael Jackson Arrest”/CNN. Nonexistence of letters: Wichita District Attorney Nina Foulston to Greta Van Susteren. I believe even Dimond now acknowledges that those “love letters” never existed. Myung Ho Lee: Orth/“Losing His Grip” (see Chapter 6 notes). Matsuura denunciation of Orth: via Mike Taibbi (explow.com/Mike_Taibbi). “My big worry”: Ray Chandler to Orth/“Neverland’s Lost Boys.”
COURT FILES
Criminal
SBSC 1133603.
Criminal Investigation
USDC-CA 09MJ1897.
Civil
LASC SC026226.
1007622 (Santa Barbara Superior Court) Marcel Avram v. Michael Jackson, June 23, 2000.
DOCUMENTS
Statement of Declination 9/21/94.
ARREST/RAID
Branigin, William. “Jackson Arrested on Child Molestation Charges.” Washington Post, November 20, 2003.
Broder, John M. “Michael Jackson Faces Arrest on Charges of Child Molesting.” New York Times, November 20, 2003.
“Michael Jackson Special Canceled—CBS.” November 19, 2003 (PR).
GERAGOS/MESEREAU
“Biography of Thomas Mesereau.” allamericanspeakers.com (I).
Coulter, Ann. “We’re The ‘Lose-Lose’ People!” anncoulter.com, December 15, 2004 (I).
Kasindorf , Martin, and Jayne O’Donnell. “Mesereau New ‘Go-To Guy’ for Celebs in Trouble.” USA Today, June 14, 2005.
King, Gary C. “Who Murdered Bonny Lee Bakley?” TruTV Crime Library (I).
Nieves, Evelyn. “Condit Loses House Race to Former Aide.” New York Times, March 6, 2002.
Susman, Gary. “Shopgirl: Winona Shoplifted Three Times Before, Prosecutor Told Judge.” Entertainment Weekly, November 11, 2002.
Waxman, Sharon. “Jackson Says ‘Full Attention’ of Legal Team Was Lacking.” New York Times, April 27, 2004.
AL MALNIK
Friedman, Roger. “Jacko’s Bail Paid by Reputed Mobster?” Fox News, November 21, 2003 (I).
Lambiet, Jose. “Weird People, Nice Rich People at the Malnik Crib.” page2live.com, April 20, 2009 (I).
“Michael Jackson—Al Malnik Friends.” almalnik.com, 2009 (I).
“More Pics of Al Malnik’s Ocean Ridge, Fla., Mega Mansion.” homesoftherich.com (I).
Norman, Bob. “Mutual Benefits Con Man Joel Steinger Spent a Lifetime Getting Mobbed Up.” New Times: Broward-Palm Beach, May 28 2009.
———. “Reputed Mobster Al Malnik Says He’s Executor of Michael Jackson’s Will and Blanket’s New Dad.” New Times: Broward-Palm Beach, June 26, 2009 (hereafter cited as Norman, “Reputed Mobster”).
Vieira, Meredith. “Al Malnik Interview.” Today/NBC, June 30, 2009 (RT).
JESSE JACKSON/LOUIS FARRAKHAN/MUSLIMS
Burkeman, Oliver, and David Teather. “Michael Jackson’s Bad Fortune.” Guardian, June 14, 2005.
Mackie, John. “Stuart Backerman Remembers Michael Jackson.” Vancouver Sun, June 26, 2009.
“Muslim Leader Isn’t Thrilled.” Los Angeles Herald Examiner, April 12, 1984.
TOM SNEDDON/DEVELOPMENT OF CASE
Harris, Art. “Tom Sneddon: Jovial Press Conference Was ‘Inappropriate.’” CNN, November 26, 2003 (RT).
“Jackson Tries ‘Shooting the Messenger’ British TV Network Says.” cnn.com, February 10, 2003 (I).
Krikorian, Greg, and Richard Winton. “XtraJet Executive Called FBI Informant. Jeffrey Borer Denies the Reports. Agency Denies Any Role in Videotaping Michael Jackson on Jet.” Los Angeles Times, November 27, 2003.
Orth, Maureen. “Neverland’s Lost Boys.” Vanity Fair, March 2004 (hereafter cited as Orth 3/04).
Taibbi, Matt. “Inside the Strangest Trial on Earth.” Rolling Stone, April 7, 2005 (hereafter cited as Taibbi, “Strangest Trial”).
———. “The Nation in the Mirror: The Face of George Bush’s America at the Michael Jackson Trial.” Rolling Stone, June 30, 2005.
DIANE DIMOND/MAUREEN ORTH
Foulston, Nola, interviewed by Greta van Susteren. “On the Record with Greta van Susteren.” Fox News, November 24, 2003 (RT).
King, Larry. “Analysis of Michael Jackson Arrest.” CNN, November 24, 2003 (RT).
“Michael Jackson–Diane Dimond.” dianedimond.net (I).
“Michael Jackson–Diane Dimond.” michaeljackson.com (I).
“Mike Taibbi.” explow.com/Mike_Taibbi (I).
Ogunnaike, Lola. “A Dogged TV Reporter Defends Herself in the Jackson Case.” New York Times, June 16, 2005.
“Wichita DA: Michael Jackson Love Letters ‘Patently False.’” Popdirt.com, November 25, 2003 (I).
CHAPTER 20
MJ video statement: his Web site, where it can still be found; see also Chawkins/LA Times. Rationale for seeking permission for the statement: Mesereau; throughout this section Mesereau quotes are either statements made in court, or from interviews with me—it should be fairly clear from context which is which. I cite below any exceptions as well as when our interviews informed what I wrote without being directly quoted. Jury selection: primarily, “Jackson jury from diverse backgrounds”/ cnn.com, also, Mesereau, Aphrodite Jones/Michael Jackson Conspiracy.
I read the entire transcript of the trial, reviewed most of the affidavits, statements, pleadings, and other documents (most of the actual evidence had been returned after MJ’s acquittal, but there were complete listings and descriptions in the court file) and my reporting on what took place is based almost entirely upon what I discovered there. I confess that I knew very little about the trial beforehand. I did read both of Matt Taibbi’s Rolling Stone articles, but it was only when I read the full transcript that I realized how weak the case against MJ had been. I was about halfway through the transcript when Mesereau and I began talking about it, as we did on a regular basis for the next two-plus years. Aphrodite Jones’s book offers little more than can be found in the trial transcripts, although her observations of courtroom dynamics were somewhat helpful. The accounts of Ron Zonen and Judge Rodney Melville are derived from their presentations at the “Frozen In Time” symposium. When I draw on any additional sources I will note them, but other than that I’m going to simply repeat that the information comes from the trial transcripts and the exhibits introduced in support of it.
Opening statements: entirely court transcript, plus exhibits (prosecutor’s original information, Geragos on Dateline, prosecution filings in “re-arraignment”).
Bashir’s testimony: trial transcript, Mesereau (all the quotes from interviews), Taibbi/“Nation in the Mirror.” Lafferty video: viewed most of it; also, Aphrodite Jones, Orth/“CSI Neverland” (see Chapter 5 notes). MJ reaction: Jones, followed up with Mesereau. Davellin testimony: trial transcript, except “most sympathetic and likeable”: based on Mesereau.
I introduced the Bradley Miller interview with the Arvizos in a somewhat different order than it was introduced at trial, for reasons of narrative flow. It’s not directly germane to this case, but in June of 2012 Miller was sentenced to a year in jail, plus probation and fines, for obstructing justice in a rape ca
se; O. J. Simpson trial judge Lance Ito is the one who sentenced him.
“Rebuttal video”: I viewed it and pegged what was on it to the Arvizos’s related testimony. Star Arvizo testimony: trial transcript and exhibits introduced testimony only; some influence from Mesereau re. his demeanor, Schaffel on him and his family. Gavin Arvizo testimony: trial transcript and exhibits. Physical description via Jones, Orth (see Chapter 5 notes), and Taibbi, plus Mesereu, who was taken aback by it. MJ bolting from courtroom, Mesereau reaction: Orth (see Chapter 5 notes), trial transcript; Mesereau to a lesser extent. Mesereau/judge: transcript; description of conversations with MJ re. back injury, hospital trip, and late arrival: Mesereau. Mesereau stated MJ was at “the Cottage Hospital” incorrectly; he was at Marian Medical Center, per the Manuela Gomela Ruiz lawsuit/related articles (see Chapter 1). I should perhaps note that the “litany of complaints” from Gavin’s teachers introduced during Mesereau’s cross-examination was much more extensive than I’ve reported here. Judge slapping away Sneddon’s objections: Mesereau, similar descriptions in trial coverage. Providing receipts Mesereau used to impeach Arvizos: Schaffel, Mesereau. Media behavior: Mesereau; see also Charles Thomson. Ron Zonen trip to NYC to meet with Jordie Chandler: adduced during trial, Mesereau; FBI role did not come out until December 2009, when 343 pages of FBI materials involving MJ were released, including memos concerning meetings between prosecutors and the BAU and between FBI agents and Jordie Chandler. See“FBI Took Shot At Jackson”/Smoking Gun, including September 14, 2004, memo re. meeting and conference call. “I don’t think Jordie”: Ray Chandler, spoken before he told me he did not want to be quoted about his nephew. Larry Feldman testimony, cross-examination: trial transcript, supplemented by Mesereau, Jones. June Chandler testimony: trial transcript, supplemented by Mesereau, plus Orth (sympathetic), Jones (not). Janet Arvizo description: principally Mesereau, plus Orth, Jones. Judge Melville statement, Janet Arvizo direct and cross-examinations: trial transcripts. Zonen’s heroic effort: Mesereau told me several times that Zonen was a far more formidable opponent than Sneddon. Jury reaction to Janet: Mesereau, also Jones, and Orth, who alone among the three was offended by the jurors’s attitudes. Jurors amazed by Janet lying about even little things: Mesereau. Debbie Rowe testimony, taping of phone conversations: primarily Mesereau, also transcripts. “Murder cop”: Rowe to Wetheridge/Daily Mail.
COURT FILES
Criminal
SBSC 1133603.
DOCUMENTS
“Michael Jackson Trial Press Release.” County of Santa Barbara, California. February 6, 2003.
Federal Bureau of Investigation “Case Opening” Synopsis, Case ID #305B-LA-239204, Michael Joe Jackson. September 14, 2004.
“Sensitive Case.” Summary by Jennifer Hottenroth, Assistant Regional Administrator, Department of Children and Family Services. November 26, 2003 (hereafter cited as “Sensitive Case” Summary 11/26/03).
TRIAL
Chawkins, Steve. “Jackson Rails Against Leaks in Abuse Case.” Los Angeles Times, January 31, 2005.
“FBI Took Shot at Jackson.” Smoking Gun, December 22, 2009 (I).
Marquez, Miguel, and Dree De Clamecy. “Jackson Jury from Diverse Backgrounds.” cnn.com, February 24, 2003 (I).
Taibbi, “Strangest Trial.”
Thomson, Charles. “Michael Jackson: It’s Time for Outlets to Take Responsibility in Covering the Rock Star.” Huffington Post, March 2, 2010 (I) (hereafter cited as Thomson, “Responsibility”).
———. “One of the Most Shameful Episodes in Journalistic History.” Huffington Post, June 13, 2010 (I) (hereafter cited as Thomson, “Shameful”).
Wetheridge, Annette. “My Life as the Mother of Michael Jackson’s Children, by Debbie Rowe.” Daily Mail, February 8, 2008.
CHAPTER 21
Mesereau strategy re. proceeding with defense case, presentation strategy: Mesereau. MJ only sleeping well in hospital: Rwaramba to Barak (see Chapter 1 notes); she said the two of them checked in regularly so that he could get some rest. Unwanted people lurking about Neverland: Mesereau, but specific language of photo captions is from Theroux/Daily Telegraph (see Chapter 2 notes). Scene at the courthouse: Mesereau, YouTube videos shot by people who were there, Jones, Orth (see Chapter 5 notes), Thomson. Again, Mesereau’s quotes are from interviews with me: as in Chapter 20, it should be clear which Mesereau quotes are from court; all quotes looking back on it are from interviews (and are not individually cited) unless stated. Tabloid headlines: Thomson/Huffington Post; they are still online. “As I watched the mother”: Orth/“CSI Neverland” (see Chapter 5 notes). “Pedophiles don’t target kids”: Dimond/“Real World Walks”/NY Post. Wade Robson/Brett Barnes testimony/examination: trial transcript; their emotional reactions: Mesereau, to me and to Jones. Mesereau praised Macaulay Culkin and Chris Tucker equally in our interviews, and was quite scathing in his criticisms of various celebrities who refused to show up on MJ’s behalf. Culkin quotes: entirely from trial testimony. Azja Pryor, Violet Silva, Joe Marcus quotes: all from trial transcript. I either summarized or omitted the testimony of other witnesses between Culkin and Pryor, and after Marcus. Anything in quotes is from trial testimony. Irene Peters’s testimony should perhaps be read in the context of the “Sensitive Case” summary written by her superior Jennifer Hottenroth.
I summarized, obviously, the testimony of the forensic accountant, the Social Services intake worker, the weekly newspaper editor, and Janet Arvizo’s sister-in-law. Mary Holzer testimony: trial transcript. Martin Bashir recalled to witness stand, outtake excerpts played to the jury: trial transcript and exhibits in support, aided by Jones’s detailed account, Mesereau. Jurors recalling wanting to spit on Bashir: Mesereau. Conclusion of defense case, frustration of prosecution’s wish to recall the Arvizos: Mesereau (he could scarcely hide his enjoyment, even five years later). Zonen and Mesereau closing arguments: entirely from trial transcript.
Media coverage observations: my own reading of it four, five, and six years after the fact, Thomson, Mesereau; numbers and logistics of coverage: redorbit.com. “Had to be rescued by sheriff’s deputies”: Judge Melville/“Frozen in Time.” Mesereau/Yu underground: Mesereau. “Nervous for the defense”: Richards on MSNBC’s The Abrams Report. Scene at courthouse the day of verdict: Mesereau, foremost, also multiple YouTube videos, Jones. Media reactions to verdict: Thomson, also still online. Jury foreman Rodriguez/Gavin Arvizo not believable: Rodriguez to Nancy Grace. Polls on trial verdict: Thomson, most also still online. Berry Gordy comment: via Mesereau. Klein quote, ratings victory of “Nanny 911,” Wendy Murphy on jurors: Thomson. Murphy, by the way, still insists MJ was guilty. Zonen description of jury, Mesereau response, Judge Melville/”incredible pressure”: “Frozen in Time.” Jurors Hultman and Cook remarks: “Rita Crosby: Live and Direct.” Mesereau response: Mesereau. Jacksons’s celebration, KJ quote: LA Times, NY Daily News; juror Pauline Coccoz almost starting to cry: Daily News only. Mesereau conversations with MJ, Rwaramba, and others: Mesereau. Wendy Murphy, Diane Dimond, Washington Post editorial: again, Thomson, all still online. “Framed!” tour: Orth/“CSI Neverland” (see Chapter 5 notes); Wiesner response: Wiesner.
COURT FILES
Criminal
SBSC 1133603.
DOCUMENTS
“Sensitive Case.” Summary 11/26/03.
TRIAL/AFTERMATH
Crosby, Rita. “2 Jurors Say They Regret Jackson’s Acquittal.” MSNBC/Live and Direct, August 9, 2005 (RT).
Dimond, Diane. “Real World Walks into Jacko Trial.” New York Post, March 6, 2005.
Haberman, Maggie. “Ex-Juror Parties at Jacko’s.” New York Daily News, June 19, 2009.
“Interview with Jackson Jury Foreman.” Nancy Grace Show, Headline News, June 15, 2005 (RT).
“Jackson Jury Deliberations.” MSNBC/ Abrams Report, June 10, 2005 (RT).
Lin II, Rong-Gong, and Monte Morin. “Jackson Fans at Victory Bash.” Los Angeles Times, June 18, 2009.
Thomson, “Responsibility.�
�
———. “Shameful.”
“2,200 Journalists Await Jackson Verdict.” redorbit.com, June 10, 2005 (I).
CHAPTER 22
Postponement of O2 shows: AEG Web site; NY Daily News, Daily Mail, NME, Roger Friedman columns (three, including “We Told Ya”), others. MJ’s anger re. fifty shows: musicradar.com. Wiesner/Schaffel reaction, MJ preference for movie/video work: Wiesner, Schaffel. “When it’s over, it’s over” MJ quote: Boteach. MJ staying home and missing rehearsals: McConnell/Daily Mail, other London papers not cited. MJ “I know my schedule”: via Ortega to Hoffman/Rolling Stone. MJ’s visits to Klein’s offices: McConnell/Daily Mail among others; Bedford building paparazzi stakeout: Craig Williams, also, Posner (see Chapters 10 and 12 notes). MJ carried out of Klein’s offices: Jason Pfeiffer court filing; also, bodyguard Faheem Muhammad testimony/Murray trial testimony. O2 shows insurance issues and AEG/Lloyds of London/Michael Jackson estate: file of KJ lawsuit against AEG; conversations with Mrs. Jackson’s advisors, plus confidential sources on the three-way battle; also, Michaels/Guardian story and Ryan/LA Times, which drew on a copy of the policy. Predictions O2 concerts would be cancelled: Friedman, Perez Hilton, others. “Making up rumors”: Phillips to Mason/Daily Telegraph. Dr. Slavit examination, certificate of health, details of insurance policy: AEG lawsuit documents, which also informed Ryan’s LA Times article. Dr. Slavit also noted MJ’s lupus/vitiligo symptoms, but those were not considered a threat to his health. Hiring of chef, physical trainer: AEG “Letter of Intent” and “Promissory Note,” e-mails between AEG and MJ representatives. Kai Chase description of diet, MJ seeing self as dancer, only Murray allowed into MJ bedroom: “Jackson chef recalls doctor’s role, final days”/Associated Press. Phillips/AEG resistance to Murray demands/recompense: Murray trial testimony, e-mails admitted into evidence. “Just like President Obama”: Phillips to Hoffman/Rolling Stone. “This is the machine”: Gongaware testimony/Murray trial. Dileo on hiring a doctor to separate MJ/Klein: Murray trial testimony/evidence, AEG lawsuit documents. Dr. Murray hiring: Michael Amir Williams testimony/Murray trial, evidence given by same to KJ attorneys in AEG lawsuit. Murray background: trial, Haynes, and Harasim/Las Vegas Journal-Review; it’s only because of Harasim that I know Murray is from Trinidad, not Grenada, as has been widely reported. Brother Michael and Gongaware communications with Dr. Murray; Gongaware, Jorrie quotes: Murray trial testimony. Dr. Murray ladies’ man, nightlife, strip clubs: preliminary hearing, Harasim article (in which a “promotions girl” recalled that he liked to pose shirtless with women twenty years younger). Assertion Tohme would have kept Murray out: confidential source. May 5 letter signed, apparently, by MJ, circumstances of its arrival, reaction: review of document, via same source, interview. Letter actually written by Dileo: Dileo admitted this (Van Exel)before his death. Tohme insistence the letter was forged, he never received it, etc.: Tohme. As noted earlier, I have a copy of the May 5 letter and of the May 2 letter in which MJ apparently names Dileo as “one” of his representatives. Dileo bio: multiple sources; Tookaroosa Ranch/Tribeca Grill investment: Todd Gold’s People article. Phillips-Dileo relationship: both attorneys who represented MJ in the last year of his life, Allocco to muzikfactorytwo; it’s also the subject of inquiry by attorneys representing Katherine Jackson in the AEG lawsuit. 2009 Beverly Hilton Hotel Mann-Dileo conversations: Mann. “Comfort level”: Dileo quoting Phillips to Van Exel. Potential world tour: Dileo, Phillips in interviews. “I don’t blame Randy . . .”: confidential source. Hawk on conversations with Dileo: Hawk. Concern re. MJ’s commitment to O2 shows: e-mails to and from him admitted into evidence at trial, others via my sources; Phillips at Beverly Hills Hotel meeting, Allocco interview, other sources. Katherine/Joe Jackson anniversary dinner: confidential source, but time and place coincide with “Michael Jackson Timeline”; KJ to Daily Mirror. Date discrepancy: Katherine and Joe were married November 5, 1949. Perhaps the anniversary dinner was held in May to honor their first date, not their marriage, or perhaps, as was suggested to me by an anonymous source, the event had been arranged as an opportunity to convince MJ to meet again with Joe and Rowe to talk about cutting them in on the deal.