This Day (Lagos)

Africa: The Legendary Music Icon They Loved to Sue

29 June 2009


Lagos — The music Legend, Michael Jackson, bestrode the global musical firmament like a Colosus for more than four decades, having first shot into prominence as a child prodigy in concert with his siblings then tagged the Jackson 5. ever since he had shone in ways no other musician had done, recording many blockbusters and hits albums that turned him the global music maestro. However at the time of his death on June 25, 2009, the pop legend was swimming in an endless stream of lawsuits, about 20 in all. These were instituted by managers, lawyers, producers, financial advisors, agrived parents porn producer and even a Bahraini sheik. JUDE IGBANOI and KAYODE KETEFE give an insight into some of these cases which included the celebrated child molestation trial that eventually resulted in acquittal

The pop star was what some would call an easy prey to hawk-lawyers. Some have also called the United States of America as a sue-crazy country, where people file court cases over the flimsiest of issues. The legal battles the musical prodigy had to fight in his life time bordered on a pot pouri of issues, from the mundane and ridiculous to the sublime. After the initial crucial cases that challenged his moral integrity, it became clear that he had developed some sort of thick-skin to law suits. Embarrassing as some the suits may have been, Wacko Jacko trudged on with equanimity. There is no doubt that some of these law suits took their toll on his astronomical music career and his reputation.

All the cases whether civil or criminal had some peculiarity about them. Most were not the usual run-off-the-mill every day lawsuits. There were always some strange and abnormal characteristics bent round most of the cases. For instance in one of the child molestation cases, his genitals had been subjected to thorough forensic scrutiny in an effort to establish an allegation of sodomy against him.

Not many know that Jackson also instituted some civil law claims on his own which he won with huge awards in damages in his favour.

Jackson's Child Molestation Trial

(The People of the State of California v Michael Joseph Jackson)

The musical world was stunned in 2003 when the media was awash with news that the California police was investigating Michael Jackson for child molestation. Eventually on November 20, Jackson flew in a leased jet to Santa Barbara Airport and surrendered himself to California police. He was later driven by the police to the Santa Barbara County Jail in handcuffs. The accuser was a 13-year old boy, (i.e. at the time of the alleged incidents in 2003) Garvin Arviso, who claimed that Jackson had sexually molested him.

Investigation concluded, a ten-count charge was slammed on Jackson which comprises child molestation, administration of intoxicating agent to a child with a view to sexual exploitation and conspiracy to hold the boy and his family captive at his 2700-acre Neverland Ranch compound. One of the counts stated that Jackson 'willfully, unlawfully and lewdly committed a lewd and lascivious act upon, and with, the boy's body and certain parts and members thereof, with the intent of arousing, appealing to and gratifying the lust, passions and sexual desires'.

Jackson was arraigned on January 16, 2004, at the court of Santa Maria and he entered a plea of 'Not Guilty.' He was later granted bail in the sum of $3,000,000.

About 130 witnesses testified in the matter. These included a former child star Macaulay Culkin who contradicted the testimonies of some witnesses who gave evidence of perceived Jackson's earlier misbehaviour. The Prosecution raised the theory of similar fact evidence, and led evidence that the musician had earlier sexually harassed five children with a view to prove pattern of child molestation by Jackson over the years, in consonance with the provisions of the United States Evidence Code, 1108.

Among those the Prosecution alleged he had sexually molested were the son of Jackson's former maid, Blanca Francia, Jason Francia and John Chandler whom it alleged Jackson molested in 1993.

The drama in the case started as early as the first day that Jackson's accuser testified, which was March 10, 2005 when the musician's lateness to court drew the judge's ire. The judge threatened to revoke the Jackson's $3 million bail.

He was however later pacified after Jackson claimed that he had to make an earlier visit to a hospital for treatment of a severe back injury.

The accuser, who had then turned 15, painted gory pictures of two incidents involving molestations and harassment by Jackson, both of which he claimed occurred in early 2003.

The boy later admitted during cross-examination that he did not report any of the incidents between him and Jackson to the authorities at his school.

Among other Prosecution witnesses were the accuser's mother and Jackson's former security guard who testified that he had once caught Jackson engaging in oral sex with another teenage boy in another case for which Jackson was not charged.

The Prosecution also used the trial to 'expose' what they called Jackson's near bankruptcy status. They claimed that Jackson was spending $35 million a year while earning $11 million to $12 million a year- a fact they had raised to suggest the insinuation, among others, that Jackson was not a disciplined person who had scrupulous control of his life

The Prosecution closed its case after showing a police videotape in which the Jackson's accuser told police detectives that the legendary musician gave him intoxicating wine after which he induced him to masturbate for 'as many as five times.'

In May 2005, Jackson opened his defence. He called three of the five persons the Prosecution alleged he had molested as children. These were Macaulay Culkin, Wade Robson and Brett Barnes, all of whom testified that they had never been molested by Jackson.

The case resulted into an anti-climax on June 13, 2005, after both the investigation and trial had lasted 574 days, as the Superior Court of the State of California, held in the County of Santa Barbara, resolved that Michael Jackson was not guilty on any of the ten counts preferred against him. His bail of $3 million was also ordered to be returned to him.

Immediately the court rose, Jackson's fans exploded in exuberant cries of joys outside of the courthouse and congratulated the pop icon who was obviously tense as the verdict was been read. He was overcome with emotions as he was observed dabbing his face with a handkerchief and sighing with relief that the long traumatic trial had ended. If Jackson had been found guilty, he could have been sent to prison for twenty years!

Suit Over Thriller Album

Even his closest associates sued him.

Thriller historical statistics have shown was the best selling music album of all times. Grossing over 100 million copies, it made Michael Jackson the most popular musician in history. But the mega-album came with its own legal battles.

The much-sued King of Pop was the target of two particularly curious lawsuits. One harked back to the making of Thriller, while the other was a reminder of his later, not too fair days.

First was Ola Ray, the actress who played a cat-eyed Jackson's horrified date in the "Thriller" video, had filed a suit against the singer, claiming she had never been paid royalties from her role in the 1983 classic.

"She just wants to get her fair share of payments from this extremely successful project that she's very proud of," Ray's attorney, Jason Feldman, told the press then. "She did receive some payments early on, but we don't believe they were complete, and they were never timely."

Feldman didn't specify, but called the amount Ray was entitled to, a "significant sum."

Jackson's former publicist had a specific amount in mind and this helped to resolve the issue in court speedily.

Jackson's Own Pound of Flesh

Jackson was not all the time the defendant in the myriads of suits involving him. There were a few occasions when he was the one bringing the suit. This happened at the time of Jackson's child molestation case when his right to privacy was breached intentionally by some faceless agents who were actuated by selfish interest to cash in on the musician's ordeal. This happened on November 25, 2003 when Jackson and his lawyer were travelling from Vegas to California to meet the police in a leased private jet. The jet, unknown to Jackson, had been secretly wired with recording devices. Those responsible for this infamous eavesdropping later attempted to sell Jackson's conversation onboard to major television and radio networks for stupendous amount of money. They were however unsuccessful as all approached media stables declined to purchase the recordings. Jackson later succeeded in getting a court order against the jet company which prohibited the videotape from being shown to any third parties. He later followed this with a lawsuit claiming a damages of $500,000,000 against the perpetrators. Jackson's legal team was eventually awarded $18 million in damages in 2008.

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