Where Does the Money Go?

According to reports, that are just filtering into the net, on the 18th of December Michael Jackson paid a breach of contract lawsuit filed against him by German concert promoter Marcel Avramwas.

That day is significant, as it was the same day that District Attorney Tom Sneddon charged Michael Jackson with child molestation.

It seems that in March 2003 Michael Jackson was ordered to pay over $5M to Marcel Avram, who had actually sued Jackson for over $21M. The action was brought by Avram on the basis that he claimed Michael Jackson had pulled out of two millennium concerts.

It seems that, despite an appeal lodged by Jackson's lawyers, a settlement was made on the 18th of December.

There have been persistent stories about Michael Jackson's diminishing wealth, this payment will have exacerbated the situation (if these stories about his cahs flow are true).

Vultures in the Background

I have reviewed quite a number of the news stories circulating about Michael Jackson, since his court appearance the other week.

All make the point that the appearance showed a more serious, and "conservative" Jackson.

They note that he has realised the seriousness of the charges being brought against him, and applaud him for his choice of lawyer and demeanour.

However, they all finish with similar tag lines akin to the following; "can he keep it up?".

One quote, from attorney Connie Rice, almost salivates at the thought of him doing something foolish:

"If I was his lawyer, I'd be doing stuff to try to shore up his image," she said. "But we're talking Michael Jackson here. He's sure to do something negative."

In my view the media are trying to egg him on to do something outrageous, so that they may then feed on the spectacle like vultures.

I would like to offer my views on this, for what they are worth.

The charges are very serious, Michael Jackson will do himself no favours by rising to the media baiting; he must keep a cool head and follow the advice of his attorney.

Falling for the media baiting game will do him no favours in court.

Grand vs. Petit

Here is a very brief overview of certain aspects of the jury system in the USA, pertinent to the Michael Jackson case.

The Sixth and Seventh Amendments to the Constitution of the United States establishes the right to a jury trial, in all federal criminal and certain civil cases.

There are three types of juries in the USA. The standard, and most common, is the "petit jury". Petit juries can cover both criminal and civil cases, and contain between 5-12 jurors.

One of the other two types of jury is the "grand jury". These can contain up to 23 people, and can act as either the charging grand jury (which decides if there is enough evidence for a trial to take place) and an investigatory grand jury (which determines whether evidence should be gathered to render a prosecution possible).

Michael Jackson faced a grand jury in April, which decided that there was enough evidence to go to trial.

He will then face a petit jury, which will decide his guilt or innocence.

Let the Courts Do Their Job

The period between now and the trial of Michael Jackson can, to some extent, be likened to a vacuum. As we all know, nature abhors a vacuum.

As people wait for the trial to commence they are desperate for "news/information" to fill the void.

One particular rumour that is apparently "doing the rounds", concerns an alleged letter that will be posted on the internet by the mother of one of the parties involved.

It seems, so the rumour goes, that she will try to rally support via the net.

I cannot vouch for the veracity, or otherwise of this rumour. However, this seems to be an apposite opportunity for me to venture my opinion on the relationship between the media and the judicial process.

The charges raised against Michael Jackson are very serious. Whatever peoples' views as to his innocence, or guilt, he is nonetheless presumed innocent until proven guilty. The forum for proving guilt is the court, not the net or the media.

Let the judicial system do its job; justice will not be served by pandering to peoples' prejudices outside of the courtroom.

Short Term Image Change?

The question on everyone's' lips is whether the image change, evident from Michael Jackson's court appearance can be maintained; or whether he will revert to type.

The charges Michael Jackson faces are exceptionally serious; his image needs to reflect the fact that he understands that.

So far so good.

However, there is a long gap between now and when the trial commences. A week is a long time in showbusiness.

Reports indicate that two former employees of Michael Jackson won't "cut a deal" with prosecutors if they are indicted.

The indictment against Michael Jackson said the singer, and multiple co-conspirators, plotted to commit abduction, false imprisonment and extortion.

However, the names of the alleged co-conspirators were removed from the indictment.

It seems that Frank Tyson and Vince Amen, former employees of Michael Jackson, were invited to testify before the grand jury that heard evidence against Michael Jackson last month. Their lawyer did not let them appear.

Frank Tyson was Jackson's personal assistant, and Vince Amen worked for Michael Jackson's production company.

Reports indicate that Michael Jackson is taking a low profile, as a result of the conspiracy charge brought against him last Friday.

It is believed that this new charge could become the focal point of the prosecution case, and could be more damaging than the other charges.

The theory runs as follows, if Michael Jackson is found guilty of conspiracy; then he could be punished for the entire alleged crime, even if it is not proved.

All that has to happen, is for the jury to be convinced that two people had an agreement to commit a crime.

Pressure is expected to be brought to bear on former Jackson aides to testify against him, by threatening them with a charge of conspiracy to commit child abduction.

Reports indicate that one of the reasons that Michael Jackson may have switched lawyers, could be down to the influence of his brother Randy.

It seems that Randy may have more of Michael's attention than before.

Randy is a Muslim, who is credited among other things with the decision to bring the Nation of Islam into Michael Jackson's security team.

The Difference Between a Complaint and an Indictment

Those of you following the Michael Jackson court case may be aware that, originally it was classified as a complaint in January 2004.

However, District Attorney Sneddon then changed it to an indictment in April.

This change meant that Michael Jackson, as would be the case for any defendant, lost his right to have a preliminary hearing within 10 days of the arraignment.

The preliminary hearing gives the judge to opportunity to determine if there is sufficient evidence to proceed with the trial.

Additionally, by this action, the prosecution has to make public its case; this is clearly to the advantage of the defence team.

Clearly the change from complaint to indictment, by the District Attorney, has put Michael Jackson's defence team on the back foot.

In other news, the BBC report that police seized items of Michael Jackson memorabilia in March for possible use in the trial.

It is understood that the items include a pair of Calvin Klein briefs.

The reports suggest that they belonged to a man who had acquired them under a legal settlement.

Why on earth would anyone wish to keep someone's underpants?

The forthcoming trial of Michael Jackson has caused a minor hiccough in the careers of his three nephews, who form the boyband 3T.

Taj, Taryll and TJ, the sons of Michael Jackson's brother Tito, have decided that owing to the unfavourable publicity; they will not release any music in the USA for the time being.

There is quite some time to go before the start of Michael Jackson's trial in the winter of 2004.

During this period it is quite likely that there will be stories circulating in the media, that are total and absolute nonsense.

One such possible nonsense story has already emerged, concerning alleged unearthed personal belongings relating to Michael Jackson.

It seems that this story is now considered to have very little factual content.

I have stated before, and will bore everyone again by repeating it, that finding a jury that has not been contaminated will not be easy.

The more rumours and allegations that fly around the media, in the time period between now and the trial, the more difficult that task will become.

The next hearing in the case against Michael Jackson will be on the 28th of May.

Here is a link to the indictment dated the 21st of April 2004, Grand Jury Indictment
Santa Barbara County.