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."
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.
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.
Thomas A. Mesereau Jr. is a partner in the firm of Mesereau
& Yu Los Angeles. He was lead trial counsel in the trial
of Michael Jackson in 2005.
Source: Thomas
A. Mesereau Jr.
Click HERE
to VIEW the short film, “VICTORY”, posted on June
13, 2005.
Click HERE
to view the Tribute to Michael Jackson by Mr. Thomas Meserau
Jr. - The man's innocent. He always was." Tom Mesereau,
following the verdict, June 13, 2005
About Attorney Thomas A. Mesereau, Jr. from the American
Trial Lawyers Association, he´s named as one of the best
attorneys in the United States.
Here is the link to their website: The
American Trial Lawyers Association
Jay Leno interviews Attorney Tom Mesereau on The Tonight Show - 17 June, 2005
Excerpt: "...His room is a 2-story duplex. A huge duplex. Women stayed there, mothers stayed there, kids stayed there, there parents stayed there. Anytime a child came up to him and said "We want to play in your room" which he had arcade games there and that kind of thing, he always said "I want your parents here right now and I want their permission" and the parents were free to stay and we had parents testify that did stay."
