Next came the bodyguards. Purporting to take the journalistic high road, Hard Copy’s Diane Dimond told Frontline in early November of last year that her program was “pristinely clean on this. We paid no money for this story at all.” But two weeks later, as a Hard Copy contract reveals, the show was negotiating a $100,000 payment to five former Jackson security guards who were planning to file a $10 million lawsuit alleging wrongful termination of their jobs.
On December 1, with the deal in place, two of the guards appeared on the program; they had been fired, Dimond told viewers, because “they knew too much about Michael Jackson’s strange relationship with young boys.” In reality, as their depositions under oath three months later reveal, it was clear they had never actually seen Jackson do anything improper with Chandler’s son or any other child:
“So you don’t know anything about Mr. Jackson and [the boy], do you?” one of Jackson’s attorneys asked former security guard Morris Williams under oath. “All I know is from the sworn documents that other people have sworn to.”
“But other than what someone else may have said, you have no firsthand knowledge about Mr. Jackson and [the boy], do you?”
“That’s correct.”
“Have you spoken to a child who has ever told you that Mr. Jackson did anything improper with the child?”
“No.”
When asked by Jackson’s attorney where he had gotten his impressions, Williams replied: “Just what I’ve been hearing in the media and what I’ve experienced with my own eyes.”
“Okay. That’s the point. You experienced nothing with your own eyes,
did you?”
“That’s right, nothing.”
(The guards’ lawsuit, filed in March 1994, was still pending as this article went to press.)
[NOTE: The case was thrown out of court in July 1995. Read the details
above..]
Next came the maid. On December 15, Hard Copy presented “The Bedroom Maid’s Painful Secret.” Blanca Francia told Dimond and other reporters that she had seen a naked Jackson taking showers and Jacuzzi baths with young boys. She also told Dimond that she had witnessed her own son in compromising positions with Jackson — an allegation that the grand juries apparently never found credible.
A copy of Francia’s sworn testimony reveals that Hard Copy paid her $20,000, and had Dimond checked out the woman’s claims, she would have found them to be false. Under deposition by a Jackson attorney, Francia admitted she had never actually see Jackson shower with anyone nor had she seen him naked with boys in his Jacuzzi. They always had their swimming trunks on, she acknowledged.
The coverage, says Michael Levine, a Jackson press representative, “followed a proctologist’s view of the world. Hard Copy was loathsome. The vicious and vile treatment of this man in the media was for selfish reasons. [Even] if you have never bought a Michael Jackson record in your life, you should be very concerned. Society is built on very few pillars. One of them is truth. When you abandon that, it’s a slippery slope.”
The investigation of Jackson, which by October 1993 would grow to involve at least twelve detectives from Santa Barbara and Los Angeles counties, was instigated in part by the perceptions of one psychiatrist, Mathis Abrams, who had no particular expertise in child sexual abuse. Abrams, the DCS caseworker’s report noted, “feels the child is telling the truth.” In an era of widespread and often false claims of child molestation, police and prosecutors have come to give great weight to the testimony of psychiatrists, therapists and social workers.
Police seized Jackson’s telephone books during the raid on his residences in August and questioned close to thirty children and their families. Some, such as Brett Barnes and Wade Robson, said they had shared Jackson’s bed, but like all the others, they gave the same response — Jackson had done nothing wrong. “The evidence was very good for us,” says an attorney who worked on Jackson’s defense. “The other side had nothing but a big mouth.”
Despite the scant evidence supporting their belief that Jackson was guilty, the police stepped up their efforts. Two officers flew to the Philippines to try to nail down the Quindoys’ “hand in the pants” story, but apparently decided it lacked credibility. The police also employed aggressive investigative techniques — including allegedly telling lies — to push the children into making accusations against Jackson. According to several parents who complained to Bert Fields, officers told them unequivocally that their children had been molested, even though the children denied to their parents that anything bad had happened.
The police, Fields complained in a letter to Los Angeles Police Chief Willie Williams, “have also frightened youngsters with outrageous lies, such as ‘We have nude photos of you.’ There are, of course, no such photos.” One officer, Federico Sicard, told attorney Michael Freeman that he had lied to the children he’d interviewed and told them that he himself had been molested as a child, says Freeman. Sicard did not respond to requests for an interview for this article.
All along, June Chandler Schwartz rejected the charges Chandler was making against Jackson — until a meeting with police in late August 1993. Officers Sicard and Rosibel Ferrufino made a statement that began to change her mind. “[The officers] admitted they only had one boy,” says Freeman, who attended the meeting, “but they said, ‘We’re convinced Michael Jackson molested this boy because he fits the classic profile of a pedophile perfectly.’ “
“There’s no such thing as a classic profile. They made a completely foolish and illogical error,” says Dr. Ralph Underwager, a Minneapolis psychiatrist who has treated pedophiles and victims of incest since 1953. Jackson, he believes, “got nailed” because of “misconceptions like these that have been allowed to parade as fact in an era of hysteria.” In truth, as a U.S. Department of Health and Human Services study shows, many child-abuse allegations — 48 percent of those filed in 1990 — proved to be unfounded.
“It was just a matter of time before someone like Jackson became a target,” says Phillip Resnick. “He’s rich, bizarre, hangs around with kids and there is a fragility to him. The atmosphere is such that an accusation must mean it happened.”
The seeds of settlement were already being sown as the police investigation continued in both counties through the fall of 1993. And a behind-the-scenes battle among Jackson’s lawyers for control of the case, which would ultimately alter the course the defense would take, had begun.
By then, June Chandler Schwartz and Dave Schwartz had united with Evan Chandler against Jackson. The boy’s mother, say several sources, feared what Chandler and Rothman might do if she didn’t side with them. She worried that they would try to advance a charge against her of parental neglect for allowing her son to have sleepovers with Jackson. Her attorney, Michael Freeman, in turn, resigned in disgust, saying later that “the whole thing was such a mess. I felt uncomfortable with Evan. He isn’t a genuine person, and I sensed he wasn’t playing things straight.”
Over the months, lawyers for both sides were retained, demoted and ousted as they feuded over the best strategy to take. Rothman ceased being Chandler’s lawyer in late August, when the Jackson camp filed extortion charges against the two. Both then hired high-priced criminal defense attorneys to represent them.. (Rothman retained Robert Shapiro, now O.J. Simpson’s chief lawyer.) According to the diary kept by Rothman’s former colleague, on August 26, before the extortion charges were filed, Chandler was heard to say “It’s my ass that’s on the line and in danger of going to prison.” The investigation into the extortion charges was superficial because, says a source, “the police never took it that seriously. But a whole lot more could have been done.”
For example, as they had done with Jackson, the police could have sought warrants to search the homes and offices of Rothman and Chandler. And when both men, through their attorneys, declined to be interviewed by police, a grand jury could have been convened.
In mid-September, Larry Feldman, a civil attorney who’d served as head of the Los Angeles Trial Lawyers Association, began representing Chandler’s son and immediately took control of the situation. He filed a $30 million civil lawsuit against Jackson, which would prove to be the beginning of the end.
Once news of the suit spread, the wolves began lining up at the door. According to a member of Jackson’s legal team, “Feldman got dozens of letters from all kinds of people saying they’d been molested by Jackson. They went through all of them trying to find somebody, and they found zero.”
With the possibility of criminal charges against Jackson now looming, Bert Fields brought in Howard Weitzman, a well-known criminal-defense lawyer with a string of high-profile clients — including John DeLorean, whose trail he won, and Kim Basinger, whose Boxing Helena contract dispute he lost. (Also, for a short time this June, Weitzman was O.J. Simpson’s attorney.) Some predicted a problem between the two lawyers early on. There wasn’t room for two strong attorneys used to running their own show.
From the day Weitzman joined Jackson’s defense team, “he was talking settlement,” says Bonnie Ezkenazi, an attorney who worked for the defense. With Fields and Pellicano still in control of Jackson’s defense, they adopted an aggressive strategy. They believed staunchly in Jackson’s innocence and vowed to fight the charges in court. Pellicano began gathering evidence to use in the trial, which was scheduled for March 21, 1994. “They had a very weak case,” says Fields. “We wanted to fight. Michael wanted to fight and go through a trial. We felt we could win.”
Dissension within the Jackson camp accelerated on November 12, after Jackson’s publicist announced at a press conference that the singer was canceling the remainder of his world tour to go into adrug-rehabilitation program to treat his addiction to painkillers. Fields later told reporters that Jackson was “barely able to function adequately on an intellectual level.” Others in Jackson’s camp felt it was a mistake to portray the singer as incompetent. “It was important,” Fields says, “to tell the truth. [Larry] Feldman and the press took the position that Michael was trying to hide and that it was all a scam. But it wasn’t.”
On November 23, the friction peaked. Based on information he says he got from Weitzman, Fields told a courtroom full of reporters that a criminal indictment against Jackson seemed imminent. Fields had a reason for making the statement: He was trying to delay the boy’s civil suit by establishing that there was an impending criminal case that should be tried first. Outside the courtroom, reporters asked why Fields had made the announcement, to which Weitzman replied essentially that Fields “misspoke himself.” The comment infuriated Fields, “because it wasn’t true,” he says. “It was just an outrage. I was very upset with Howard.” Fields sent a letter of resignation to Jackson the following week.
“There was this vast group of people all wanting to do a different thing, and it was like moving through molasses to get a decision,” says Fields. “It was a nightmare, and I wanted to get the hell out of it.” Pellicano, who had received his share of flak for his aggressive manner, resigned at the same time.
With Fields and Pellicano gone, Weitzman brought in Johnnie Cochran Jr., a well-known civil attorney who is now helping defend O.J. Simpson. And John Branca, whom Fields had replaced as Jackson’s general counsel in 1990, was back on board. In late 1993, as DAs in both Santa Barbara and Los Angeles counties convened grand juries to assess whether criminal charges should be filed against Jackson, the defense strategy changed course and talk of settling the civil case began in earnest, even though his new team also believed in Jackson’s innocence.
Why would Jackson’s side agree to settle out of court, given his claims of innocence and the questionable evidence against him? His attorneys apparently decided there were many factors that argued against taking the case to civil court. Among them was the fact that Jackson’s emotional fragility would be tested by the oppressive media coverage that would likely plague the singer day after day during a trial that could last as long as six months. Politics and racial issues had also seeped into legal proceedings — particularly in Los Angeles, which was still recovering from the Rodney King ordeal — and the defense feared that a court of law could not be counted on to deliver justice. Then, too, there was the jury mix to consider. As one attorney says, “They figured that Hispanics might resent [Jackson] for his money, blacks might resent him for trying to be white, and whites would have trouble getting around the molestation issue.” In Resnick’s opinion, “The hysteria is so great and the stigma [of child molestation] is so strong, there is no defense against it.”
Jackson’s lawyers also worried about what might happen if a criminal trial followed, particularly in Santa Barbara, which is a largely white, conservative, middle-to-upper-class community. Any way the defense looked at it, a civil trial seemed too big a gamble. By meeting the terms of a civil settlement, sources say, the lawyers figured they could forestall a criminal trial through a tacit understanding that Chandler would agree to make his son unavailable to testify.
Others close to the case say the decision to settle also probably had to do with another factor — the lawyers’ reputations. “Can you imagine what would happen to an attorney who lost the Michael Jackson case?” says Anthony Pellicano. “There’s no way for all three lawyers to come out winners unless they settle. The only person who lost is Michael Jackson.” But Jackson, says Branca, “changed his mind about [taking the case to trial] when he returned to this country. He hadn’t seen the massive coverage and how hostile it was. He just wanted the whole thing to go away.”
On the other side, relationships among members of the boy’s family had become bitter. During a meeting in Larry Feldman’s office in late 1993, Chandler, a source says, “completely lost it and beat up Dave [Schwartz].” Schwartz, having separated from June by this time, was getting pushed out of making decisions that affected his stepson, and
he resented Chandler for taking the boy and not returning him.
“Dave got mad and told Evan this was all about extortion, anyway, at which point Evan stood up, walked over and started hitting Dave,” a second source says.
To anyone who lived in Los Angeles in January 1994, there were two main topics of discussion — the earthquake and the Jackson settlement. On January 25, Jackson agreed to pay the boy an undisclosed sum. The day before, Jackson’s attorneys had withdrawn the extortion charges against Chandler and Rothman.
The actual amount of the settlement has never been revealed, although speculation has placed the sum around $20 million. One source says Chandler and June Chandler Schwartz received up to $2 million each, while attorney Feldman might have gotten up to 25 percent in contingency fees. The rest of the money is being held in trust for the boy and will be paid out under the supervision of a court-appointed trustee.
“Remember, this case was always about money,” Pellicano says, “and Evan Chandler wound up getting what he wanted.” Since Chandler still has custody of his son, sources contend that logically this means the father has access to any money his son gets.
By late May 1994, Chandler finally appeared to be out of dentistry. He’d closed down his Beverly Hills office, citing ongoing harassment from Jackson supporters. Under the terms of the settlement, Chandler is apparently prohibited from writing about the affair, but his
brother, Ray Charmatz, was reportedly trying to get a book deal.
In what may turn out to be the never-ending case, this past August, both Barry Rothman and Dave Schwartz (two principal players left out of the settlement) filed civil suits against Jackson. Schwartz maintains that the singer broke up his family. Rothman’s lawsuit claims defamation and slander on the part of Jackson, as well as his original defense team — Fields, Pellicano and Weitzman — for the allegations of extortion. “The charge of [extortion],” says Rothman attorney Aitken, “is totally untrue. Mr. Rothman has been held up for public ridicule, was the subject of a criminal investigation and suffered loss of income.” (Presumably, some of Rothman’s lost income is the hefty fee he would have received had he been able to continue as Chandler’s attorney through the settlement phase.)
As for Michael Jackson, “he is getting on with his life,” says publicist Michael Levine. Now married, Jackson also recently recorded three new songs for a greatest-hits album and completed a new music video called “HIStory.”
And what became of the massive investigation of Jackson? After millions of dollars were spent by prosecutors and police departments in two jurisdictions, and after two grand juries questioned close to 200 witnesses, including 30 children who knew Jackson, not a single corroborating witness could be found. (In June 1994, still determined to find even one corroborating witness, three prosecutors and two police detectives flew to Australia to again question Wade Robson, the boy who had acknowledged that he’d slept in the same bed with Jackson. Once again, the boy said that nothing bad had happened.)
The sole allegations leveled against Jackson, then, remain those made by one youth, and only after the boy had been give a potent hypnotic drug, leaving him susceptible to the power of suggestion.
“I found the case suspicious,” says Dr. Underwager, the Minneapolis psychiatrist, “precisely because the only evidence came from one boy. That would be highly unlikely. Actual pedophiles have an average of 240 victims in their lifetime. It’s a progressive disorder. They’re never satisfied.”
Given the slim evidence against Jackson, it seems unlikely he would have been found guilty had the case gone to trial. But in the court of public opinion, there are no restrictions. People are free to speculate as they wish, and Jackson’s eccentricity leaves him vulnerable to the likelihood that the public has assumed the worst about him.
So is it possible that Jackson committed no crime — that he is what he has always purported to be, a protector and not a molester of children? Attorney Michael Freeman thinks so: “It’s my feeling that Jackson did nothing wrong and these people [Chandler and Rothman] saw an opportunity and programmed it. I believe it was all about money.”
To some observers, the Michael Jackson story illustrates the dangerous power of accusation, against which there is often no defense — particularly when the accusations involve child sexual abuse. To others, something else is clear now — that police and prosecutors spent millions of dollars to create a case whose foundation never existed.
Mary A Fischer is a GQ senior writer based in Los Angeles.
*****************************
JUDGE DISMISSES GUARDS’ CASE AGAINST MICHAEL JACKSON
Dateline: Los Angeles Word Count: 0189
The Associated Press Date: July 22, 1995
A lawsuit by four ex-guards who claim Michael Jackson fired them because they knew about his alleged trysts was thrown out of court on Friday.
The men sued in 1993 despite the fact they had signed a release after they were fired in which they promised not to.
They claimed the release was invalid because they signed it under duress, but Superior Court Judge Richard C. Neal dismissed the case.
The guards’ lawyer, Charles T. Mathews, said he would appeal.
”If we’d been able to get to a jury, I’m quite confident they’d find the charges we alleged were true,” Mathews said. Jackson’s lawyer disagreed.
”Michael has said from day one he never did anything inappropriate with any minors,” Howard Weitzman said. ”This was (the guards’) way of getting their 15 minutes in the limelight.”
Jackson settled a sex abuse lawsuit filed by a 13-year-old boy in 1994, reportedly for as much as $15 million. No charges were filed. Jackson denied wrongdoing and called the boy’s claim an extortion attempt.
JUDGE DISMISSES CASE AGAINST MICHAEL JACKSON
North American News Report DATE: July 21, 1995 18:06 E.T.
LOS ANGELES (Reuter) – A judge Friday threw out a a lawsuit against Michael Jackson by five of his former security guards who said they were fired for knowing too much about nighttime visits with young boys.
After a three-day trial, Los Angeles Superior Court Judge Richard Neal dismissed the case on the grounds that all the guards had signed releases providing for severance pay when they left Jackson.
“‘Michael Jackson is thankful for the court’s ruling,” Jackson’s attorney Howard Weitzman said in a statement.
”He has consistently maintained that he has not engaged in wrongful conduct with any minors. The stories told by these guards on various tabloid shows, for which they were paid, were false.” The security guards had brought the case against Jackson in 1993, alleging they were spied on and harassed by a private investigator hired by the pop superstar to impede the investigation into charges he sexually molested young boys.
At the time, Jackson was being sued by a 13-year-old boy who charged the singer had molested him, and was also under criminal investigation. Jackson denied the allegations of the boy, whose family later settled the lawsuit for millions of dollars, and prosecutors
decided not to pursue the charges.
The security guards had alleged they had firsthand knowledge of Jackson’s personal life, and had witnessed him fondling young boys and keeping them in his bedroom for days at a time.
They also alleged Jackson attempted to discredit potential witnesses and destroy incriminating evidence, at one point instructing one guard to retrieve a photo of a naked boy left in the singer’s bathroom.
Jackson maintained that the dismissal of the guards was related to a decision to hire an independent security firm rather than employ guards on an individual basis.
On December 1, with the deal in place, two of the guards appeared on the program; they had been fired, Dimond told viewers, because “they knew too much about Michael Jackson’s strange relationship with young boys.” In reality, as their depositions under oath three months later reveal, it was clear they had never actually seen Jackson do anything improper with Chandler’s son or any other child:
“So you don’t know anything about Mr. Jackson and [the boy], do you?” one of Jackson’s attorneys asked former security guard Morris Williams under oath. “All I know is from the sworn documents that other people have sworn to.”
“But other than what someone else may have said, you have no firsthand knowledge about Mr. Jackson and [the boy], do you?”
“That’s correct.”
“Have you spoken to a child who has ever told you that Mr. Jackson did anything improper with the child?”
“No.”
When asked by Jackson’s attorney where he had gotten his impressions, Williams replied: “Just what I’ve been hearing in the media and what I’ve experienced with my own eyes.”
“Okay. That’s the point. You experienced nothing with your own eyes,
did you?”
“That’s right, nothing.”
(The guards’ lawsuit, filed in March 1994, was still pending as this article went to press.)
[NOTE: The case was thrown out of court in July 1995. Read the details
above..]
Next came the maid. On December 15, Hard Copy presented “The Bedroom Maid’s Painful Secret.” Blanca Francia told Dimond and other reporters that she had seen a naked Jackson taking showers and Jacuzzi baths with young boys. She also told Dimond that she had witnessed her own son in compromising positions with Jackson — an allegation that the grand juries apparently never found credible.
A copy of Francia’s sworn testimony reveals that Hard Copy paid her $20,000, and had Dimond checked out the woman’s claims, she would have found them to be false. Under deposition by a Jackson attorney, Francia admitted she had never actually see Jackson shower with anyone nor had she seen him naked with boys in his Jacuzzi. They always had their swimming trunks on, she acknowledged.
The coverage, says Michael Levine, a Jackson press representative, “followed a proctologist’s view of the world. Hard Copy was loathsome. The vicious and vile treatment of this man in the media was for selfish reasons. [Even] if you have never bought a Michael Jackson record in your life, you should be very concerned. Society is built on very few pillars. One of them is truth. When you abandon that, it’s a slippery slope.”
The investigation of Jackson, which by October 1993 would grow to involve at least twelve detectives from Santa Barbara and Los Angeles counties, was instigated in part by the perceptions of one psychiatrist, Mathis Abrams, who had no particular expertise in child sexual abuse. Abrams, the DCS caseworker’s report noted, “feels the child is telling the truth.” In an era of widespread and often false claims of child molestation, police and prosecutors have come to give great weight to the testimony of psychiatrists, therapists and social workers.
Police seized Jackson’s telephone books during the raid on his residences in August and questioned close to thirty children and their families. Some, such as Brett Barnes and Wade Robson, said they had shared Jackson’s bed, but like all the others, they gave the same response — Jackson had done nothing wrong. “The evidence was very good for us,” says an attorney who worked on Jackson’s defense. “The other side had nothing but a big mouth.”
Despite the scant evidence supporting their belief that Jackson was guilty, the police stepped up their efforts. Two officers flew to the Philippines to try to nail down the Quindoys’ “hand in the pants” story, but apparently decided it lacked credibility. The police also employed aggressive investigative techniques — including allegedly telling lies — to push the children into making accusations against Jackson. According to several parents who complained to Bert Fields, officers told them unequivocally that their children had been molested, even though the children denied to their parents that anything bad had happened.
The police, Fields complained in a letter to Los Angeles Police Chief Willie Williams, “have also frightened youngsters with outrageous lies, such as ‘We have nude photos of you.’ There are, of course, no such photos.” One officer, Federico Sicard, told attorney Michael Freeman that he had lied to the children he’d interviewed and told them that he himself had been molested as a child, says Freeman. Sicard did not respond to requests for an interview for this article.
All along, June Chandler Schwartz rejected the charges Chandler was making against Jackson — until a meeting with police in late August 1993. Officers Sicard and Rosibel Ferrufino made a statement that began to change her mind. “[The officers] admitted they only had one boy,” says Freeman, who attended the meeting, “but they said, ‘We’re convinced Michael Jackson molested this boy because he fits the classic profile of a pedophile perfectly.’ “
“There’s no such thing as a classic profile. They made a completely foolish and illogical error,” says Dr. Ralph Underwager, a Minneapolis psychiatrist who has treated pedophiles and victims of incest since 1953. Jackson, he believes, “got nailed” because of “misconceptions like these that have been allowed to parade as fact in an era of hysteria.” In truth, as a U.S. Department of Health and Human Services study shows, many child-abuse allegations — 48 percent of those filed in 1990 — proved to be unfounded.
“It was just a matter of time before someone like Jackson became a target,” says Phillip Resnick. “He’s rich, bizarre, hangs around with kids and there is a fragility to him. The atmosphere is such that an accusation must mean it happened.”
The seeds of settlement were already being sown as the police investigation continued in both counties through the fall of 1993. And a behind-the-scenes battle among Jackson’s lawyers for control of the case, which would ultimately alter the course the defense would take, had begun.
By then, June Chandler Schwartz and Dave Schwartz had united with Evan Chandler against Jackson. The boy’s mother, say several sources, feared what Chandler and Rothman might do if she didn’t side with them. She worried that they would try to advance a charge against her of parental neglect for allowing her son to have sleepovers with Jackson. Her attorney, Michael Freeman, in turn, resigned in disgust, saying later that “the whole thing was such a mess. I felt uncomfortable with Evan. He isn’t a genuine person, and I sensed he wasn’t playing things straight.”
Over the months, lawyers for both sides were retained, demoted and ousted as they feuded over the best strategy to take. Rothman ceased being Chandler’s lawyer in late August, when the Jackson camp filed extortion charges against the two. Both then hired high-priced criminal defense attorneys to represent them.. (Rothman retained Robert Shapiro, now O.J. Simpson’s chief lawyer.) According to the diary kept by Rothman’s former colleague, on August 26, before the extortion charges were filed, Chandler was heard to say “It’s my ass that’s on the line and in danger of going to prison.” The investigation into the extortion charges was superficial because, says a source, “the police never took it that seriously. But a whole lot more could have been done.”
For example, as they had done with Jackson, the police could have sought warrants to search the homes and offices of Rothman and Chandler. And when both men, through their attorneys, declined to be interviewed by police, a grand jury could have been convened.
In mid-September, Larry Feldman, a civil attorney who’d served as head of the Los Angeles Trial Lawyers Association, began representing Chandler’s son and immediately took control of the situation. He filed a $30 million civil lawsuit against Jackson, which would prove to be the beginning of the end.
Once news of the suit spread, the wolves began lining up at the door. According to a member of Jackson’s legal team, “Feldman got dozens of letters from all kinds of people saying they’d been molested by Jackson. They went through all of them trying to find somebody, and they found zero.”
With the possibility of criminal charges against Jackson now looming, Bert Fields brought in Howard Weitzman, a well-known criminal-defense lawyer with a string of high-profile clients — including John DeLorean, whose trail he won, and Kim Basinger, whose Boxing Helena contract dispute he lost. (Also, for a short time this June, Weitzman was O.J. Simpson’s attorney.) Some predicted a problem between the two lawyers early on. There wasn’t room for two strong attorneys used to running their own show.
From the day Weitzman joined Jackson’s defense team, “he was talking settlement,” says Bonnie Ezkenazi, an attorney who worked for the defense. With Fields and Pellicano still in control of Jackson’s defense, they adopted an aggressive strategy. They believed staunchly in Jackson’s innocence and vowed to fight the charges in court. Pellicano began gathering evidence to use in the trial, which was scheduled for March 21, 1994. “They had a very weak case,” says Fields. “We wanted to fight. Michael wanted to fight and go through a trial. We felt we could win.”
Dissension within the Jackson camp accelerated on November 12, after Jackson’s publicist announced at a press conference that the singer was canceling the remainder of his world tour to go into adrug-rehabilitation program to treat his addiction to painkillers. Fields later told reporters that Jackson was “barely able to function adequately on an intellectual level.” Others in Jackson’s camp felt it was a mistake to portray the singer as incompetent. “It was important,” Fields says, “to tell the truth. [Larry] Feldman and the press took the position that Michael was trying to hide and that it was all a scam. But it wasn’t.”
On November 23, the friction peaked. Based on information he says he got from Weitzman, Fields told a courtroom full of reporters that a criminal indictment against Jackson seemed imminent. Fields had a reason for making the statement: He was trying to delay the boy’s civil suit by establishing that there was an impending criminal case that should be tried first. Outside the courtroom, reporters asked why Fields had made the announcement, to which Weitzman replied essentially that Fields “misspoke himself.” The comment infuriated Fields, “because it wasn’t true,” he says. “It was just an outrage. I was very upset with Howard.” Fields sent a letter of resignation to Jackson the following week.
“There was this vast group of people all wanting to do a different thing, and it was like moving through molasses to get a decision,” says Fields. “It was a nightmare, and I wanted to get the hell out of it.” Pellicano, who had received his share of flak for his aggressive manner, resigned at the same time.
With Fields and Pellicano gone, Weitzman brought in Johnnie Cochran Jr., a well-known civil attorney who is now helping defend O.J. Simpson. And John Branca, whom Fields had replaced as Jackson’s general counsel in 1990, was back on board. In late 1993, as DAs in both Santa Barbara and Los Angeles counties convened grand juries to assess whether criminal charges should be filed against Jackson, the defense strategy changed course and talk of settling the civil case began in earnest, even though his new team also believed in Jackson’s innocence.
Why would Jackson’s side agree to settle out of court, given his claims of innocence and the questionable evidence against him? His attorneys apparently decided there were many factors that argued against taking the case to civil court. Among them was the fact that Jackson’s emotional fragility would be tested by the oppressive media coverage that would likely plague the singer day after day during a trial that could last as long as six months. Politics and racial issues had also seeped into legal proceedings — particularly in Los Angeles, which was still recovering from the Rodney King ordeal — and the defense feared that a court of law could not be counted on to deliver justice. Then, too, there was the jury mix to consider. As one attorney says, “They figured that Hispanics might resent [Jackson] for his money, blacks might resent him for trying to be white, and whites would have trouble getting around the molestation issue.” In Resnick’s opinion, “The hysteria is so great and the stigma [of child molestation] is so strong, there is no defense against it.”
Jackson’s lawyers also worried about what might happen if a criminal trial followed, particularly in Santa Barbara, which is a largely white, conservative, middle-to-upper-class community. Any way the defense looked at it, a civil trial seemed too big a gamble. By meeting the terms of a civil settlement, sources say, the lawyers figured they could forestall a criminal trial through a tacit understanding that Chandler would agree to make his son unavailable to testify.
Others close to the case say the decision to settle also probably had to do with another factor — the lawyers’ reputations. “Can you imagine what would happen to an attorney who lost the Michael Jackson case?” says Anthony Pellicano. “There’s no way for all three lawyers to come out winners unless they settle. The only person who lost is Michael Jackson.” But Jackson, says Branca, “changed his mind about [taking the case to trial] when he returned to this country. He hadn’t seen the massive coverage and how hostile it was. He just wanted the whole thing to go away.”
On the other side, relationships among members of the boy’s family had become bitter. During a meeting in Larry Feldman’s office in late 1993, Chandler, a source says, “completely lost it and beat up Dave [Schwartz].” Schwartz, having separated from June by this time, was getting pushed out of making decisions that affected his stepson, and
he resented Chandler for taking the boy and not returning him.
“Dave got mad and told Evan this was all about extortion, anyway, at which point Evan stood up, walked over and started hitting Dave,” a second source says.
To anyone who lived in Los Angeles in January 1994, there were two main topics of discussion — the earthquake and the Jackson settlement. On January 25, Jackson agreed to pay the boy an undisclosed sum. The day before, Jackson’s attorneys had withdrawn the extortion charges against Chandler and Rothman.
The actual amount of the settlement has never been revealed, although speculation has placed the sum around $20 million. One source says Chandler and June Chandler Schwartz received up to $2 million each, while attorney Feldman might have gotten up to 25 percent in contingency fees. The rest of the money is being held in trust for the boy and will be paid out under the supervision of a court-appointed trustee.
“Remember, this case was always about money,” Pellicano says, “and Evan Chandler wound up getting what he wanted.” Since Chandler still has custody of his son, sources contend that logically this means the father has access to any money his son gets.
By late May 1994, Chandler finally appeared to be out of dentistry. He’d closed down his Beverly Hills office, citing ongoing harassment from Jackson supporters. Under the terms of the settlement, Chandler is apparently prohibited from writing about the affair, but his
brother, Ray Charmatz, was reportedly trying to get a book deal.
In what may turn out to be the never-ending case, this past August, both Barry Rothman and Dave Schwartz (two principal players left out of the settlement) filed civil suits against Jackson. Schwartz maintains that the singer broke up his family. Rothman’s lawsuit claims defamation and slander on the part of Jackson, as well as his original defense team — Fields, Pellicano and Weitzman — for the allegations of extortion. “The charge of [extortion],” says Rothman attorney Aitken, “is totally untrue. Mr. Rothman has been held up for public ridicule, was the subject of a criminal investigation and suffered loss of income.” (Presumably, some of Rothman’s lost income is the hefty fee he would have received had he been able to continue as Chandler’s attorney through the settlement phase.)
As for Michael Jackson, “he is getting on with his life,” says publicist Michael Levine. Now married, Jackson also recently recorded three new songs for a greatest-hits album and completed a new music video called “HIStory.”
And what became of the massive investigation of Jackson? After millions of dollars were spent by prosecutors and police departments in two jurisdictions, and after two grand juries questioned close to 200 witnesses, including 30 children who knew Jackson, not a single corroborating witness could be found. (In June 1994, still determined to find even one corroborating witness, three prosecutors and two police detectives flew to Australia to again question Wade Robson, the boy who had acknowledged that he’d slept in the same bed with Jackson. Once again, the boy said that nothing bad had happened.)
The sole allegations leveled against Jackson, then, remain those made by one youth, and only after the boy had been give a potent hypnotic drug, leaving him susceptible to the power of suggestion.
“I found the case suspicious,” says Dr. Underwager, the Minneapolis psychiatrist, “precisely because the only evidence came from one boy. That would be highly unlikely. Actual pedophiles have an average of 240 victims in their lifetime. It’s a progressive disorder. They’re never satisfied.”
Given the slim evidence against Jackson, it seems unlikely he would have been found guilty had the case gone to trial. But in the court of public opinion, there are no restrictions. People are free to speculate as they wish, and Jackson’s eccentricity leaves him vulnerable to the likelihood that the public has assumed the worst about him.
So is it possible that Jackson committed no crime — that he is what he has always purported to be, a protector and not a molester of children? Attorney Michael Freeman thinks so: “It’s my feeling that Jackson did nothing wrong and these people [Chandler and Rothman] saw an opportunity and programmed it. I believe it was all about money.”
To some observers, the Michael Jackson story illustrates the dangerous power of accusation, against which there is often no defense — particularly when the accusations involve child sexual abuse. To others, something else is clear now — that police and prosecutors spent millions of dollars to create a case whose foundation never existed.
Mary A Fischer is a GQ senior writer based in Los Angeles.
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JUDGE DISMISSES GUARDS’ CASE AGAINST MICHAEL JACKSON
Dateline: Los Angeles Word Count: 0189
The Associated Press Date: July 22, 1995
A lawsuit by four ex-guards who claim Michael Jackson fired them because they knew about his alleged trysts was thrown out of court on Friday.
The men sued in 1993 despite the fact they had signed a release after they were fired in which they promised not to.
They claimed the release was invalid because they signed it under duress, but Superior Court Judge Richard C. Neal dismissed the case.
The guards’ lawyer, Charles T. Mathews, said he would appeal.
”If we’d been able to get to a jury, I’m quite confident they’d find the charges we alleged were true,” Mathews said. Jackson’s lawyer disagreed.
”Michael has said from day one he never did anything inappropriate with any minors,” Howard Weitzman said. ”This was (the guards’) way of getting their 15 minutes in the limelight.”
Jackson settled a sex abuse lawsuit filed by a 13-year-old boy in 1994, reportedly for as much as $15 million. No charges were filed. Jackson denied wrongdoing and called the boy’s claim an extortion attempt.
JUDGE DISMISSES CASE AGAINST MICHAEL JACKSON
North American News Report DATE: July 21, 1995 18:06 E.T.
LOS ANGELES (Reuter) – A judge Friday threw out a a lawsuit against Michael Jackson by five of his former security guards who said they were fired for knowing too much about nighttime visits with young boys.
After a three-day trial, Los Angeles Superior Court Judge Richard Neal dismissed the case on the grounds that all the guards had signed releases providing for severance pay when they left Jackson.
“‘Michael Jackson is thankful for the court’s ruling,” Jackson’s attorney Howard Weitzman said in a statement.
”He has consistently maintained that he has not engaged in wrongful conduct with any minors. The stories told by these guards on various tabloid shows, for which they were paid, were false.” The security guards had brought the case against Jackson in 1993, alleging they were spied on and harassed by a private investigator hired by the pop superstar to impede the investigation into charges he sexually molested young boys.
At the time, Jackson was being sued by a 13-year-old boy who charged the singer had molested him, and was also under criminal investigation. Jackson denied the allegations of the boy, whose family later settled the lawsuit for millions of dollars, and prosecutors
decided not to pursue the charges.
The security guards had alleged they had firsthand knowledge of Jackson’s personal life, and had witnessed him fondling young boys and keeping them in his bedroom for days at a time.
They also alleged Jackson attempted to discredit potential witnesses and destroy incriminating evidence, at one point instructing one guard to retrieve a photo of a naked boy left in the singer’s bathroom.
Jackson maintained that the dismissal of the guards was related to a decision to hire an independent security firm rather than employ guards on an individual basis.
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