New Alcohol Details in Jackson Case
May 28, 2004 -- Prosecutors in the child molestation case against Michael Jackson plan to use three independent witnesses to support the allegation that the entertainer gave alcohol to his alleged victim and the boy's siblings, ABC News has learned.
In addition, ABC News has learned that relatives of the alleged victim believe that Mark Geragos, Jackson's high-profile former defense attorney in the case, played a role in an alleged conspiracy to harass and intimidate the family. Last month, a grand jury charged Jackson not only with child molestation but with conspiracy.
Jackson, 45, has pleaded not guilty to 10 charges that include: felony conspiracy with 28 overt acts involving child abduction, false imprisonment, extortion; committing lewd acts upon a child; attempting to commit a lewd act; and administering an intoxicating agent to a child. The alleged victim in the case is believed to be a cancer survivor, now 14 years old, who spent time at Jackson's Neverland ranch and appeared in the British documentary Living With Michael Jackson, which was broadcast on ABC last year.
Alcohol Allegations Detailed
According to sources, two stewardesses say Jackson asked them to serve him alcohol in Coca-Cola cans on a private plane whose passengers included Jackson, and the alleged victim and his younger brother. Sources say the alleged victim claims the "King of Pop" then gave him alcohol out of those cans.
In addition, sources told ABC News, a security guard for Jackson says he saw the alleged victim drunk and stumbling around Neverland, near the area where Jackson stores his liquor. However, the guard says Jackson was not present when he saw the boy intoxicated.
Sources also tell ABC News that the family of the alleged victim says that Jackson gave the boy, his younger brother and older sister liquor far more often than previously claimed. The alleged victim was so drunk during two of the four occasions Jackson is accused of abusing him that he passed out in the pop legend's bed, the younger brother told psychologist Stan Katz. His conversation with Dr. Katz was detailed in police reports.
As for the alleged abuse, sources tell ABC News that prosecutors apparently have no physical evidence of the abuse and that the alleged victim and his brother have been vague about dates of alleged misconduct.
The Alleged Urine Cover-Up
The alleged victim's family says Jackson and his staff did not want his alleged serving of alcohol to be uncovered, sources familiar with the case told ABC News.
According to those sources, the family says that when the boy's cancer physician ordered a urine test, the Jackson camp was afraid it would reveal the alcohol in his system and asked the alleged victim's mother to cancel the doctor's appointment, but she refused.
According to sources, the family says a Jackson aide offered to drive the boy and his family — with the urine sample — to the doctor's appointment. The family says they made a stop on the way to the doctor's office, and the urine sample disappeared. The Jackson aide, they say, claimed the sample fell over.
However, the Jackson aide denies the entire story, sources close to the case told ABC News.
Was Geragos Involved in Alleged Harassment?
The conspiracy charges against Jackson are rooted in allegations that Jackson and his associates harassed and tried to intimidate his alleged victim's family because they were worried about what the family might say to authorities.
Sources familiar with the case told ABC News that the family believes that Geragos was involved in the alleged harassment. According to the indictment against Jackson, the alleged conspiracy began on Feb. 1, 2003, days after Living With Michael Jackson was first broadcast in London. Critics questioned his relationship with the boy who appeared to be holding hands with him in the documentary. The Los Angeles County Department of Children and Family Services launched an investigation into allegations of abuse.
Geragos was hired by Jackson at that time. He has said publicly that he put a "plan of action" into place to protect Jackson against what he called the "baseless" suggestions that Jackson had sexually abused the young boy.
Letters of Complaint
According to sources, the family of the alleged victim claims that for nearly two months they were watched and their activities were closely monitored by Jackson aides and a private investigator for Geragos. In a letter to Geragos obtained by ABC News, dated March 26, 2003, William Dickerman, a lawyer for the family at the time, complains that the family was being "relentlessly hounded and harassed" by Jackson and his associates.
The family's now-former lawyer alleges in the letter that Jackson and his associates had been "surveilling and photographing the children's school … throwing rocks at [the mother's] parents home … leaving disturbing notes … and stalking the family by auto and otherwise. … "
In another letter to Geragos dated April 8, 2003, Dickerman says, "Jackson's harassment of my clients has not ceased, despite my demand that you call off the dogs." The letter to Geragos also said the alleged victim's mother "tells me that while she was at Neverland, Jackson's people said they were acting pursuant to your instructions. Obviously therefore you are fully aware of what has been going on between Jackson and my clients."
Jackson replaced Geragos with a new defense team last month, just before the grand jury returned its charges against Jackson. Geragos has not been criminally charged with conspiracy in the case. Geragos told ABC News' Cynthia McFadden that he wanted to respond to the family's allegations but he could not because he is still bound to the judge's gag order.
In an interview with McFadden in January, before the gag order was imposed, Geragos said that neither he nor anyone else had harassed or intimidated the alleged victim or his family in any way. He said any suggestion that he had played any role in trying to silence the alleged victim and his family was absolutely ludicrous.
Associates of Jackson also deny that there was a conspiracy to harass the family.
Reported by ABC News' Cynthia McFadden on Good Morning America.