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Others could be charged in Jackson case
(Agencies)
Updated: 2004-05-02 10:47 A conspiracy charge against Michael Jackson
signals a new direction in the case, one that could include indictments for
other people accused of conspiring with the singer to commit the crimes of
abduction, false imprisonment and extortion.
 Jackson pleaded innocent Friday to a newly unsealed grand jury
indictment listing the new conspiracy charge, as well as counts of molestation
and giving a child alcohol that were similar to the ones in a previous
indictment.
The grand jury indictment said Jackson conspired with "other uncharged
co-conspirators and co-conspirators," but the judge ordered that the parts of
the indictment identifying them be removed before it was publicly released. The
defense and prosecutors declined to say Friday who else may be arrested.
"We have a lot to say and we're going to do our talking in court," Jackson
attorney Steve Cochran said.
Judge Rodney S. Melville softly and methodically read the 10 counts of the
indictment Friday, which supersedes charges filed by Santa Barbara County
prosecutors late last year.
Attorney Thomas Mesereau entered an innocent plea for Jackson, and Melville
asked Jackson if that was his plea. He nodded yes.
Jackson was subdued at Friday's appearance, arriving at the courthouse 40
minutes early wearing a dark jacket with a gold crest on its pocket, a red
armband, a red tie and dark trousers with gold stripes on each side.
His demeanor contrasted with his behavior at his original arraignment in
January, when he was scolded by the judge for arriving 20 minutes late and drew
thousands of fans into the street by dancing atop his SUV.
Jackson made a brief statement after Friday's hearing, flanked by his parents
and two of his brothers.
"I would like to thank the fans around the world for your love and support
from every corner of the Earth," said Jackson, adding that he loved Santa Maria
and its people.
Mesereau praised the judge and community and pledged a dignified defense.
"This case is about one thing only," he said. "It's about the dignity, the
integrity, the decency, the honor, the charity, the innocence and the complete
vindication of a wonderful human being named Michael Jackson."
The conspiracy count alleged 28 individual overt acts involving child
abduction, false imprisonment and extortion.
Counts two to five alleged Jackson committed a lewd act upon a child. Count
six alleged an attempt to have a child perform a lewd act upon him. Counts seven
to 10 alleged the administering of an intoxicating agent, alcohol, to assist in
the commission of a felony.
All the crimes allegedly occurred between Feb. 1 and March 31, 2003.
Jackson was originally charged with seven counts of lewd or lascivious
conduct involving a child under 14 and two counts of administering an
intoxicant, reportedly wine, to a child under 14.
The conspiracy count could be a significant problem for the defense because
the burden of proof is easier for prosecutors to meet than it is in the
molestation counts, yet the punishment can be just as severe, said Loyola
University law professor Laurie Levenson.
She said Jackson could be acquitted of the molestation charges but still
convicted of conspiring to abduct the child and his family, falsely imprison
them and commit extortion by threatening grave consequences if they accused him,
Levenson said.
"It's not the crime you commit. It's what you do to cover it up," she said.
In addition, any co-conspirators could strike a deal with prosecutors to
testify against Jackson, said Dan Simon, an associate professor of law at the
University of Southern California.
Levenson and Simon cautioned the added charges could backfire if jurors
interpret them as signs of excessive zeal on the part of the prosecution.
The alleged victim was identified as "John Doe" and a witness to some alleged
molestation was identified as "James Doe." A source close to the case said the
witness was the accuser's brother, who stayed with Jackson and the boy at
Neverland.
The accuser appeared on national TV in a British documentary holding hands
with Jackson, who said the two had slept in the same bedroom but not the same
bed. Jackson defended his sleepovers with children, describing the practice as
sweet and innocent.
A source close to the family has said that around February 2003, when the
special aired on ABC-TV, Jackson paid for the family to stay at hotels in
Florida and Ventura. Jackson associates also discussed the possibility of the
family leaving the country, the source said.
Earlier this month, an attorney representing two former Jackson employees
said there was speculation that his clients would be charged with intimidation
of witnesses in the case.
Attorney Joseph Tacopina said his clients, Vincent Amen and Frank Tyson,
denied the allegations. He did not allow them to testify before the grand jury
that indicted Jackson.
Tyson, who was Jackson's personal assistant, has been accused of threatening
to kill the younger brother of Jackson's alleged victim if he revealed to
authorities that Jackson had given the boy alcohol, Tacopina said.
Amen, who worked for Jackson's production company, was accused of holding the
family at Jackson's Neverland estate against its will, he said.
It was unclear whether the conspiracy charges involved any of the alleged
incidents.
The attorney said the accusations were false.
Tacopina's law office did not immediately respond to a call for comment
Friday.
The judge said the transcripts of the grand jury proceedings would be turned
over to attorneys Monday but will remain under seal. He said he will hold a
hearing on the sealing May 28.
The grand jury indictment allowed prosecutors to avoid holding a preliminary
hearing before the judge to show there is enough evidence to put Jackson on
trial.
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