Closing Arguments Key to Victory in Jackson Trial

ByABC News
May 31, 2005, 11:33 AM

June 2, 2005 -- -- Previous similar allegations against Michael Jackson and doubts about the credibility of the accuser and his family will be key in closing arguments in the "King of Pop's" molestation trial, legal analysts say.

After slightly more than two months of testimony, closing arguments are expected to begin today in the trial of Jackson, whose defense rested Friday. Jackson, 46, is accused of molesting a now-15-year-old boy, who spent time at Neverland ranch and appeared with him in the 2003 British documentary "Living With Michael Jackson."

Jackson has pleaded not guilty to 10 charges that include felony conspiracy with 28 overt acts involving child abduction, false imprisonment and extortion. His defense has argued that the alleged victim and his family made up the allegations in an attempt to get money.

The prosecution ended its rebuttal by showing jurors a 2003 videotaped interview with the alleged victim -- the first interview he had with law enforcement officials -- where he tells investigators that Jackson molested him. The singer's attorneys then surprised courtroom observers by resting -- they had indicated they would recall the accuser and his mother.

Both sides have been unable to gain a decisive edge and have left lingering questions about their cases, making final arguments even more critical, analysts said.

"The challenge in final arguments will be for each side to pull the jury to their bedrock themes," said ABC New legal analyst Royal Oakes. "For the prosecution, personal eyewitness testimony that Michael Jackson molested a young cancer patient. For the defense, the mountain of credibility problems surrounding the accuser, his family and Jackson's ex-employees."

Santa Barbara County Deputy District Attorney Ron Zonen will be giving closing arguments instead of head district attorney Tom Sneddon, who the defense has said has a vendetta against Jackson because of Sneddon's involvement in the 1993 molestation investigation on the singer. Experts say prosecutors will have to emphasize the testimony that Jackson molested or behaved inappropriately with five other boys, including two youngsters who reached multimillion-dollar settlements with the singer in the 1990s. Jackson was never criminally charged for those allegations and has always denied any wrongdoing.

Prosecutors have argued that Jackson has demonstrated a pattern of bad behavior. The prosecution has suggested that Jackson won the trust of his current accuser, who was 13 at the time of the alleged molestation, by showering him with lavish gifts and accommodations. The singer then took advantage of the boy after showing him adult magazines and Web sites and serving him wine, which he referred to as "Jesus juice," prosecutors allege.

Experts said the prosecution's closing arguments should focus primarily on past allegations and the similarities in stories told by the current accuser and past accusers or witnesses to alleged misconduct by Jackson.

"In closing arguments, it will be up to the prosecution to tie everything together -- the past allegations [against Jackson], the prior bad acts, everything -- to the current case," said California-based defense attorney Steve Cron.

Prosecutors may have attempted to rehabilitate the current accuser's credibility when they showed the video during their rebuttal. Some courtroom observers described the video as emotional; others said it was not necessarily devastating to Jackson's defense, which could explain the decision to rest after the prosecution's rebuttal case.

"What the defense did was [it] basically said, dismiss it. I'm not going to dignify it with a response," said former prosecutor Susan Filan. "It's so menial. It's so nothing. It's so coded, so scripted, so unbelievable. I've already so impeached this boy through my cross-exam and through my defense witnesses, I don't even need to go there."

During the prosecution's case, various former Neverland employees testified that they saw Jackson behave inappropriately with other boys. The defense pointed to inconsistencies in their accounts, and suggested that some of them -- former maid Adrian McManus and former bodyguards Ralph Chacon and Kassim Abdool -- had motive to lie because they were part of a failed civil suit against Jackson and were ordered to pay him more than $1 million for costs and legal fees. McManus, Chacon and Abdool all acknowledged they sold their stories to a supermarket tabloid and that the proceeds were used to help pay their legal fees.

In closing arguments, Jackson's defense is expected to once again cast doubt on the credibility of these witnesses. However, experts said, they will focus especially on the credibility of the accuser and his family, particularly his mother.

The accuser testified that Jackson masturbated him on two occasions. However, during cross-examination, attorney Thomas Mesereau Jr. pointed out various inconsistencies in his account of the alleged molestation. The alleged victim also admitted that he told a school official after the documentary aired that "nothing happened" between him and the singer.

Mesereau accused the boy and and his family of making up the allegations after they met with attorney Larry Feldman, who represented the 1993 accuser. The boy denied telling Feldman about his claims against Jackson.

Mesereau also cast doubt on the credibility of the accuser's siblings.

The boy's sister testified that Jackson served her and her brothers alcohol and held her and her family virtual hostages of Neverland after "Living With Michael Jackson" aired. But the defense showed a video made after the British documentary -- and the alleged abuse -- that shows family members praising Jackson. The sister said the praise was coerced.

The brother -- the only claimed eyewitness to alleged molestation -- told jurors he saw Jackson fondle his brother. But the cross-examination showed inconsistencies in the boy's accounts. The brother also admitted that he lied in a deposition for a civil lawsuit against J.C. Penney and Tower Records in which the family received a settlement of $152,000.

No witness' character was challenged more by the defense than the accuser's mother. She testified about Jackson's alleged conspiracy to hold her and her family hostage so they could make a rebuttal video. Court observers described her behavior and testimony as sometimes bizarre, often erratic, rambling and combative.