Michael Jackson Trial Reaches Critical Point

ByABC News
March 31, 2005, 3:12 PM

April 4, 2005 — -- The child molestation trial of Michael Jackson arguably will reach its most crucial stage today as witnesses are scheduled to start testifying about prior similar allegations against "The King of Pop."

Santa Barbara County, Calif., prosecutors are expected to begin presenting witnesses who will testify about allegations that Jackson molested or behaved inappropriately with five other boys, including former child star Macaulay Culkin and two youngsters who reached multimillion-dollar settlements with the singer in the 1990s. Last week, Superior Court Judge Rodney S. Melville ruled the testimony was admissible in Jackson's trial.

"Sleeping in bed with children, underwear on the side of the bed, inappropriate touching in and outside the clothing -- that's what this jury is going to hear," said ABC News legal analyst Kimberly Guilfoyle, a former prosecutor. "This is powerful evidence that's going to be persuasive in front of a jury."

Jackson, 46, is on trial for allegedly molesting a now-15-year-old boy who spent time at his Neverland ranch and appeared with him in the 2003 British documentary "Living With Michael Jackson." The singer has pleaded not guilty to 10 charges that include felony conspiracy with 28 overt acts involving child abduction, false imprisonment and extortion.

Jackson has never been criminally charged for the other allegations and has denied any wrongdoing. A change in California law in 1996 regarding sex crime cases has allowed prosecutors to present testimony on alleged bad acts or propensity evidence in Jackson's trial. Melville's decision means Jackson's attorneys must now defend him against allegations that he behaved inappropriately with five other boys, in addition to the alleged victim in his trial. One of the witnesses expected to testify against Jackson is the son of a former Neverland maid who made accusations against the entertainer in 1990 and ultimately reached a reported $2.4 million settlement with him in 1994.

Some believe the testimony about the previous similar allegations against Jackson could decide whether he is ultimately convicted or acquitted.

"The judge's allowance of this testimony is clearly the most critical evidentiary decision in this case," said Ronald Carlson, professor at the University of Georgia School of Law. "There's no question about it that in cases like these, rulings like this are very often a case-breaker."

However, some of the potential witnesses could be problematic for the prosecution.

Some of the witnesses the prosecution wants to present are former Neverland employees who unsuccessfully sued Jackson and were ordered to pay him more than $1 million for costs and legal fees. Some sold their stories to supermarket newspaper tabloids, while others have changed their accounts of the alleged incidents when questioned by authorities.