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Triana Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 02:54 AM
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Defending Michael
http://www.facebook.com/topic.php?uid=19691681472&topic=15725

DEFENDING MICHAEL

by Thomas A Mesereau Jr.

Forum Column, Los Angeles Daily Journal, July 1st, 2009

The Michael Jackson trial was unique. More accredited media covered these proceedings than the O.J. Simpson and Scott Peterson trials combined. When the verdicts were reached, people in every capital around the world were riveted to their radios, computers and televisions. The "King of Pop" was more popular than anyone, including Elvis Presley.

Jay Leno, Chris Tucker, Macaulay Culkin, George Lopez and lesser-known celebrities testified. Larry King testified outside the presence of the jury. The trial lasted five months with more than 140 witnesses appearing. Twenty-four-hour coverage, including actors re-enacting the proceedings, emphasized the trial's popularity.

When more than 70 Santa Barbara sheriffs raided Neverland Ranch in November 2003, I was driving to Los Angeles from Northern California. I was ending a nine day vacation and ready to resume preparation for the Robert Blake murder trial, set for February 2004. My phone started ringing off the hook with frantic requests that I travel to Las Vegas and defend Michael. I refused, because I did not think I could handle the two cases at once.

After jury selection began in the Blake case, the client and I had a severe disagreement that Judge Darlene Schemp could not resolve. Mercifully, she granted my motion to withdraw. Within a short period, Michael's brother Randy called me to, again, see if I would defend his brother. I flew to Florida, where I met Jackson for the first time.

Upon arriving, I was told by Michael and Randy that they had spoken with Johnnie Cochran in the hospital. According to them, Johnnie said I was the one who could win. I knew Johnnie, but he was not a close friend. I was quite surprised that he would speak so glowingly about me.

Three weeks later, I was told that Michael wanted me and my law firm partner, Susan Yu, to defend him. I returned to Florida and firmed up the understanding. The adventure began.

When I first met Michael, he said virtually nothing. He sat at a distance and observed others field questions. I didn't know if he was intentionally being mysterious or simply observing in his own way. At that point, I had little information from which to judge whether he could possibly have committed the alleged crimes.

My retention generated enormous media coverage. One anti-Jackson reporter immediately appeared on "The Today Show" to announce that I had an African-American girlfriend and attended a black church. The lawyers I replaced did not depart gracefully. One appeared on "Good Morning America" to say he had left voluntarily because less than desirable people surrounded Michael. Certain tabloid shows, like those hosted by Geraldo Rivera and Bill O'Reilly, criticized my appearance. I assumed they were "in the pocket" of prior counsel. This was my baptism.

Initially, Michael was very inaccessible. I scoured every used bookstore and Website for books and articles about his life and character. I read all of them, sometimes twice. My meetings with him confirmed my suspicions about these charges. He was a gentle, kind soul. Sensitive, intuitive and creative, it seemed inconceivable that he could be the monster his enemies portrayed him as.

Much has been made about the child molestation charges. Little has been said about the other claims. The prosecution alleged that Jackson masterminded a conspiracy to falsely imprison a family, abduct children and commit criminal extortion. I can assure you that Michael was not capable of even imagining such behavior. But the more I spoke with him about the alleged molestation charges, the more firm I became in my belief that they were part of a universe of money-making opportunities created by charlatans.


During my first court appearance in Santa Maria, the entire Jackson family appeared dressed in white. They were unified, exquisite and powerful in their message of innocence. I delivered my first statement to the media regarding his innocence and my respect for the court and community. My statement included words, to the effect, that this case was not about "lawyers, or anyone else, becoming celebrities."

These words were designed to change the atmosphere surrounding the defense and, of lesser importance, to hurl a barb at prior counsel. I had not liked the carnival atmosphere surrounding Jackson's defense lawyers. In my opinion, they repeatedly advertised their absolute delight at being in the middle of the circus. Their public statements were, to me, self-serving and amateurish. Michael and Randy Jackson were very suspicious of them. My anti-lawyer-like comments generated controversy. But, a new firm die had been cast. My Irish grandmothers smiled from the heavens!

The prosecutors had an enormous advantage. Two grand juries in Los Angeles and Santa Barbara had investigated Jackson in the early 1990s. Nobody was charged. A third grand jury indicted him in 2004.

During the interim, District Attorney Tom Sneddon had traveled to at least two countries, Australia and Canada, searching for victims. The Santa Barbara Sheriff's Department had a Web site seeking information on Michael.

The trial judge wanted to waste little time. The politics surrounding the defense were horrific. Numerous lawyers, most of them mediocre at best, were constantly trying to get to Michael to undermine me. The media smelled enormous ratings and revenue in a conviction. They were like a cloud of locusts, constantly descending on any weakness they spotted or created. There were numerous efforts to discredit me. Former girlfriends called to say they had been approached for unsavory information. I received calls from alleged "journalists" promising me favors for inside information. Tabloid sensationalism was at a premium.

The trial was carnival-like. Mountains were made out of molehills. For example, Jackson hurt his back one morning and went to the hospital. I informed Judge Melville immediately. His message was firm. If Michael did not appear forthwith, bail would evaporate. I instructed him to rush to court in whatever he was wearing. His pajama bottoms became a media feast. But, they had no bearing on the trial or verdict. The jury foreman later informed me that no juror even noticed Michael's pants, or lack thereof. This case was characterized by shock, crisis and confusion.


On numerous occasions, I was summoned to Neverland to handle searches, disputes and a variety of crises. Michael seemed to always have a new "guru," adviser or lawyer who virtually guaranteed a dismissal or acquittal. It was a veritable "sea of fools." But the effort it took to handle these crises was wasted time.

The trial was characterized by contentious legal rulings. For example, the trial judge allowed the following: The prosecution was permitted to start its case by showing a scurrilous, slanted British documentary that claimed Michael was a pedophile. The prosecution claimed this was evidence of "motive."

NOTE: This was Martin Bashir's VERY heavily edited, and VERY slanted HIT piece on Michael - the "documentary" Bashir launched his career into orbit upon. ABC RE-AIRED this "documentary" after Michael's death but they REFUSED to air the rebuttal video that included the parts Bashir deliberately left out so that he could portray Michael as a predator and Neverland as a "trap" designed to "lure innocent children". The rebuttal video was called "Living With Michael Jackson, Take Two" - and it was comprised of video taken during Bashir's filming - BY MICHAEL'S OWN cameras. Michael had - wisely - caught it ALL on film and was able to vindicate himself - however THE MEDIA refuses to air this one) YOU CAN FIND THIS ENTIRE "Take Two" documentary on YouTube - there are nine parts: PART ONE: http://www.youtube.com/watch?v=IszVcxKssog

The prosecution was permitted to introduce evidence that Jackson had settled other claims of child molestation in civil court. The actual dollar amounts were not admitted (as if anyone hadn't heard them!). It was also permitted to introduce evidence of alleged prior similar acts of child molestation. Prosecutors were permitted to introduce such evidence extending back 10 years. As icing on the cake, the court permitted them to call third-party witnesses who watched the alleged acts without any requirement that the actual alleged victims testify.

During the prosecution's rebuttal, the court permitted the prosecutors to play a police interview tape of the alleged victim. Of course, this was rank hearsay. The theory of admissibility was that I had challenged the demeanor of the alleged victim and the tape was relevant to rebut.

As a measure of fairness, Melville permitted the defense to play "outtakes" of the interview footage that were edited out of the British documentary. In these interviews, Jackson denied abusing children.

Five lawyers testified. Three were called by the prosecution and two by the defense. I have always believed that lawyers are the easiest witnesses to discredit. Throw them any measure of flattery and the seeds of arrogance are sown.

We had more good days in this trial than anyone can reasonably expect. But the public never saw how many prosecution witnesses were scorched on cross-examination. The judge imposed a gag order, which I supported. While this permitted more flexibility in court, it made the trial easily distorted by self-serving pundits.

NOTE: to LEARN about all the prosecution witnesses that were "scorched on cross-examination" get the book http://www.amazon.com/Michael-Jackson-Conspiracy-Aphrodite-Jones/dp/0979549809/ref=sr_1_1?ie=UTF8&s=books&qid=1255440685&sr=8-1">"Conspiracy" by Aphrodite Jones - forward by Thomas Mesereau - ALL details are there - AND THE MEDIA REPORTED NONE OF THIS so the public DID NOT see or know about it.

I would often return to my duplex, turn on the TV and turn apoplectic at what was being reported. Quite often, former prosecutors in New York would wax passionately about how a witness behaved. Their theatrics were totally lacking in substance or accuracy. I thought we were winning all along. But the media reported the very opposite. And, of course, jealous, shallow legal pundits had a field day criticizing my performance. To them, God help any lawyer who engaged in unconventional trial behavior. Such hearsay merited capital punishment.

From the outset, I did everything I could to remove race from the case. I immediately removed the Nation of Islam from Jackson's public persona and asked that his father refrain from commenting on race in the media. It became clear that Michael was a person who brought all races together. Unfortunately, some of the mediocrities who surrounded him wanted to profit through racial conflict. This was a constant source of tension.

My reaction to this cauldron was stoicism and a hermit-like existence. Our team lived in condominiums far from the media hotels, restaurants and bars. I was in bed at 7:30 most evenings with a 3 a.m. start. Our staff worked all night updating witness books and performing other chores. Because they had a key to my apartment, the door would open virtually every hour with updated binders appearing miraculously on my stairwell. We lived like this for six months.

In the wake of his passing, I am haunted by certain late-night phone calls I received from Michael. Childlike, kindhearted and terrified, Michael begged me not to allow corrupt enemies to co-opt my performance. He seemed skeptical about any lawyer truly acting in an honorable, professional manner. I repeatedly assured him that my background had more to do with civil rights than it did Hollywood. The world's most famous celebrity was not accustomed to honest, decent representation.

The 14 acquittals were tantamount to complete legal vindication. Nevertheless, I write this with a heavy heart. Michael was one of the kindest, nicest people I ever met. His wistful desire to heal the world with love, music and artistry clashed horribly with the barbaric way he was exploited. The world is a far better place because of him.
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rd_kent Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 02:58 AM
Response to Original message
1. Michael Jackson DIED?? When did this happen?
:sarcasm:


Isnt it about time to let it go?
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MrMickeysMom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 03:36 AM
Response to Reply #1
2. KICK..........This story needs not to die
That's for sure. What a damned shame.

Right out of "The Hero's Journey"
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Triana Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 07:54 AM
Response to Reply #2
3. Thanks...
Edited on Wed Oct-14-09 08:15 AM by Triana
Pass it along - and get the book if you don't have it - it's all in there. It's clear as a bell. They had NO case and were out for money - in both cases. The media, too, didn't report both sides (prosecution and defense - and they just wanted to sensationalize and profit from the "scandal" of the whole debacle) - and as ANY DUer ought to know - THEY NEVER DO REPORT all sides or all facts - most of the time they report few if ANY facts - it's ASTOUNDING what our lame$tream media leaves OUT - not only out of political 'stories' but out of stories like the MJ trial and the accusations against him.

PLEASE. Get the facts. ALL of them. HINT: You likely will NOT get them from any media or tabloids!

"Our lives begin to end the day we become silent about things that matter." --MLK


This is about TRUTH and JUSTICE. Those two thing ALWAYS matter. MLK was right.





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blonndee Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 08:45 AM
Response to Original message
4. Tom Mesereau is a treasure!
A great lawyer and a great man. :)

I hear Spike Lee is working on a documentary about Michael. I really, really hope (and suspect) that he may be working a "redemption" angle. Let's keep our fingers crossed about that. Michael deserves to be vindicated in a MUCH more public way, and the goddamned tabloid (and tabloidesque) "media" needs to be exposed for the evil, corrupt machine that it is. The way Michael was crucified by the media (particularly the American media) is one of our generation's most shameful injustices. I really can't believe that he survived for so long. :(
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BelleCarolinaPeridot Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-02-09 05:13 PM
Response to Reply #4
7. I AGREE!
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taraking Donating Member (1 posts) Send PM | Profile | Ignore Sun Nov-01-09 11:18 PM
Response to Original message
5. Defending Michael

Tom Mesereau, you are a shining star of the legal profession and restore my faith in justice working the right way. It takes the goodness of one such as yourself to know the goodness of another such as Michael Jackson. Thank you so much for all you did for our beloved Michael, and for expressing such kind sentiments about this extraordinary human being. Our hearts are broken with grief beyond words. But we are grateful for your belief in Michael's innocence, and for knowing he could count on you when darkness came upon his life.

Mr. Mesereau, if you read this post, please visit our new website developed exclusively for the public vindication of Michael Jackson. If you would like to offer your supportive insight regarding how the media deliberately and systematically distorted the facts of the case, we could use your help! Please visit us at: <http://mjtruthnow.com/> and see what we have been doing for the last 2-1/2 months. You may contact our moderator, Catherine Coy, for more information at <catherinecoy@charter.net>.

Thank you again...Michael deserved the best representation, and he got it with you!

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redqueen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-02-09 04:28 PM
Response to Original message
6. Thank you for posting this, Triana. (nt)
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CathCoy Donating Member (2 posts) Send PM | Profile | Ignore Tue Dec-08-09 03:09 AM
Response to Original message
8. Vindication Better Than Tributes
I, too, thank you for posting this, Triana. Thomas Mesereau speaks the truth. If anyone is interested in working for the vindication of Michael Jackson by mainstream media, I urge you to visit mjtruthnow dot com and sign up for our newsletter. We intend to pressure ABC News Nightline to not renew Martin Bashir's contract when it comes up for renewal in 2010. Thanks.
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Triana Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-08-09 04:53 AM
Response to Reply #8
9. Ohhh! I'm gonna sign up for that NOW! Thank you! n/t
Edited on Tue Dec-08-09 04:53 AM by Triana
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Catherine Vincent Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-08-09 03:17 PM
Response to Original message
10. God Bless Tom Mesereau!
God Bless Michael Jackson!

God Bless Tom Sneddon but he is a POS!
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Tue Dec-08-09 07:04 PM
Response to Original message
11. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Whisp Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-08-09 09:29 PM
Response to Reply #11
12. I think you took the wrong turn off and got here by mistake
If you want to shit all over Michael start your own shitpile thread
MJ was set up and the media and busybody blabbermouths ripped him apart with glee. He waa a kind man who didn't fit in this ugly world, with so many ugly hurtful people
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Catherine Vincent Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 12:22 PM
Response to Reply #12
13. No, it wasn't a mistake
The above offender makes it a point to shit all over MJ threads. The MJ hate is strong with him and I tried to persuade him otherwise with love which is what MJ was all about but the wad put me on ignore. :) I'm waiting to see how long he will figure out that Triana has him on ignore, but the good news is at least he kicks the thread so keep 'em coming Triana. LOL! ;-)
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Susiesaysitright Donating Member (1 posts) Send PM | Profile | Ignore Mon Mar-08-10 03:08 PM
Response to Original message
14. Tom Mesereau is our hero!
Though I'm still reading Michael Jackson Conspiracy, by Aphrodite Jones, I am truly appalled at what happened to Michael during this very dark time in our history. I confidently say that because what this innocent, kind man endured at the hands of very hateful, greedy people is heartbreaking and a shame!

Seeing Michael perform in the documentary This Is It had a profound effect on me as I'm discovering it had on thousands of people all around the world. Suddenly we find ourselves connected to him (and to each other!) in ways we probably never contemplated. Always a big fan of his music and dancing, I confess I didn't pay close attention to the ridiculous accusations, I also NEVER once felt that he could be guilty of such crimes. He was truly one of the most misunderstood human beings on the planet. The media made his brief life a hell-on-earth over the last 20 years--dissecting and taking him apart long before his body was autopsied to discover why he died on June 25, 2009. A lesser man would have died long before he was forced to endure such humiliation of that trial in 2005. What does it say about our media when a man is forced to leave his own country, to flee in exile, and seek solace for his mangled psyche and troubled heart? Yes, he was forced to leave--the press and media devils would never have let him be!

I urge anyone who wants to know the truth about Michael Jackson to read this book. The media machine today is very frightening, indeed. There needs to be serious change in the way far too many reporters spin their stories. True, factual journalism is a lost art, I'm afraid.

I grieve every day over Michael's shocking and untimely death. I grieve especially for his beloved children. Fame made him the biggest star ever, then, it wasn't satisfied until it destroyed him.
I hope to live to see the day when all who sought to destroy Michael are brought to their knees in anguish and remorse. A public apology is due from many, many human beings.

Michael, I hope you are dancing and singing in another world--one that truly appreciates and treasures you forever.

God bless you, Michael! We will love and remember you forever and ever.

Thank you, Tim Mesereau for believing in him. You saved his life and proved him "innocent". We are eternally grateful to you and your team.
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