Jim Avila Q+A on Jackson Trial (3/30/05)

ByABC News
March 30, 2005, 8:05 AM

March 30, 2005 — -- Michael Jackson continues to stand trial in Santa Barbara, Calif. The singer, 46, has pleaded not guilty to charges that he molested a 13-year-old cancer survivor and plied the boy with alcohol.

ABC News correspondent and lead Jackson trial reporter Jim Avila answers a selection of your questions about the case in this online Q+A.

Wilma in Maine asks: Isn't the judge allowing past stories about Jackson paramount to admitting hearsay evidence, which I always had thought wasn't allowed. Thank you.

Jim Avila: There is a special law in California. Evidence code 1108. It allows evidence of prior bad acts to prove a propensity to commit sex crimes. It only affects rape and sexual molestation cases and allows prosecutors to bring in witnesses from past allegations even if they were never proven or even charged in court.

Craig in Cincinnati asks: Won't Michael Jackson have to take the stand and testify now that so many prior allegations are coming into the case? If Michael Jackson takes the stand, don't you think it will be very dangerous for him to be cross-examined by Sneddon?

Avila: Michael Jackson of course never "has" to take the stand. His attorney said in open arguments more than once that the jury "will hear from Mr. Jackson." And our own source reporting is that the Jackson defense team for now plans on calling its client to the stand. But that is subject to change.

As for fearing Sneddon cross-examination for Jackson contains several perils. Including having to answer why two other boys accused him of sexual abuse and why he settled the cases.

Jon in Raleigh, N.C., asks: Don't the parents of the alleged victim have any responsibility? Why isn't the department of social services investigating them for putting their children at risk? Is it likely they could be charged?

Avila: The Department of Children and Family Services did investigate the family and Jackson immediately after the broadcast of the 2003 Martin Bashir documentary, "Living With Michael Jackson." The DCFS didn't find a problem. The boys now say they lied to DCFS and didn't tell DCFS about the molestation and other conduct they now allege.

As for parental responsibility, certainly many parents would question why anyone would leave their children unattended at the home of a 45-year-old with no children their age. Also, even after the mother complained about treatment at Neverland she left the accuser there and went home to Los Angeles.