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.
Sued From As Far As the Middle East
Bahraini's Monarch Son's Suit Against Jackson
Even the conservative Middle Eastern Moslem enclave had legal issues with MJ. Amongst his several legal battles was the one in November last year over a $7 million lawsuit on claims alleging he took advanced money on an album and autobiography he never completed
After Jackson's was acquitted of the child molestation charge in 2005, the son of Sheik of Bahrain, Abdulla bin Hamad Isa Al Khalifa, an aspiring songwriter befriended Jackson and invited him to live in Bahrain. He reportedly showered money on Jackson whom he regarded as a musical role model. A rift however developed between them after Jackson left the Gulf emirate in 2006. There was an allegation that Jackson failed to fulfill a joint music venture between them. He therefore instituted a suit against Jackson claiming $7 million as damages. Jackson denied there was any such agreement, stressing that the money given him was not a consideration for any contractual agreement but a gift. The case was however settled out of court in a deal whose content was not made public. It was however widely believed that Jackson coughed out millions of US dollars to stifle the embarrassment.
Jinexed Scheduled Concert in London
By June 10, 2009, the much hyped London 02 Arena mega show and much awaited come back headed for the rocks as his erstwhile promoter instituted a law suit against the superstar. The Promoter claimed the King Of Pop must first perform on US soil.
The music promoter had filed a lawsuit to halt Michael Jackson's performance.
The promoter, All Good Entertainment claimed that the King Of Pop must first perform in the US under a contract he signed with the New Jersey-based promoter before embarking on his 50-night mega jam in London which was billed to begin on July 13.
The company filed the suit in Federal Court in New York and named as defendants AEG Live, with whom Jackson signed a contract for the London shows, as well as Jackson's production company and his manager Frank DiLeo.
The suit alleged breach of contract, fraud and tortuous interference with a contract. It sought at least $20 million in compensatory damages, and at least $20 million in punitive damages.
The suit threw up other legal issues before the Jackson team. It was evident from Jackson's utterances that he was probably ignorant of some aspects of the contract. He had problems with his London O2 Arena gig bookers, saying he thought he only signed up to play only 10 shows and not the 50 later discovered he was scheduled for at the venue.
Sued Over Jackson 5
As at May 16th 2009 it was learnt that the pop star vehemently made it clear that he would not perform with Janet and the Jackson 5. He had a change of mind for personal reason. The organisers promptly sued him.
It was reported that Jacko's manager signed a deal on his behalf to perform with his sister and brothers at Cowboy Stadium in Arlington, Texas in 2010. Part of the deal was that he must not sign any other concert deal for 18 months. But then Jacko went and signed up for his London concerts which were scheduled to begin in July.
The company that organised the family concert AllGood Entertainment got Michael, daddy Joe Jackson and several others in a room at the Beverly Hills Hotel. Joe tried to convince Michael that the family tour should go on, but Michael wouldn't budge because it would have aired on pay-per-view and M.J. said he didn't like pay-per-view! The meeting was heated and no one agreed to anything.
An enraged Patrick Allocco of AllGood Entertainment told the press later he was going to sue Jackson and his family.
Just before his death, Patrick Allocco had resubmitted his offer for MJ to perform with the Jackson 5 and Janet without the pay-per-view. For this one night event, MJ would be paid $3million, Janet $1mil, and the brothers would get $500,000 to split.
Allocco was making this his last and final offer. If Jacko refused, AllGood Entertainment will proceed with suing him and his family. He didn't make up his mind before he died.
Was Jackson a Victim of Medical Negligence or Malpractice?
Jackson's doctor, Dr. Conrad Murray was reportedly with him at the time he stopped breathing before paramedics arrived. Questions have kept flying on the nature of medicine administered by Murray to his illustrious patient. As the investigation of the police into Jackson's death gathers heat, Murray's medical prescription to Jackson had come under intensive searchlight. He himself is leaving no stone unturned as he had reportedly hired a law firm, apparently in anticipation of police laying any charge against him. Already the police have said they would need him as a witness to help them in understanding the circumstances of Jackson death. This, perhaps is an obvious euphemism since they have not allowed him to leave Los Angeles since his patient's death.
Murray, a 1989 graduate of Meharry Medical College in Nashville who practices medicine in California, Nevada and Texas, had coincidentally been facing lawsuits of recent and within the last 18 months, his Nevada medical practice, Global Cardiovascular Associates, had been slapped with more than $400,000 in court judgments.
These included the $228,000 to awarded to Citicorp Vendor Finance Inc., $71,000 to an education loan company and $135,000 to a leasing company. Reports had it that he is facing at least two other pending cases.
Murray was also said to be in some financial difficulties of recent.
What Did the Autopsy say?
The autopsy on Jackson's had been completed by last Friday, twenty four hours later, the medical team that conducted autopsy had not given any clue as to the cause of his death. The team said nothing found on Jackson till then suggested any foul play; it however added that it was still awaiting the result of the toxicology test performed on the body. The Los Angeles County Coroner's spokesman, Mr. Craig Harvey, said Jackson had been taken 'some prescription medications' before his death, but he could not confirm what those drugs were. He however added that 'There was no indication of any external trauma or indication of foul play to the body of Mr. Jackson'.
Meanwhile, Jackson's corpse had been reportedly released to his family.
Furthermore, one of the Jackson's family spokespersons, Rev. Jesse Jackson, was quoted by the international media as saying that the family had requested for a second autopsy on the deceased. What the public still holds on to is that Jackson, who passed away on June 25 at the age 50, died of cardiac arrest.
What Fate Awaits Wacko Jacko's Kids?
As at the time of writing this piece, it was not ascertained whether Jackson left a will or died intestate. Associated with this issue of will is the question of the custody of Jackson's three children. The children are Prince Michael 1, aged 12, Paris Michael, 11 and Prince Michael 11 aged seven. The mother of his two children, Deborah Rowe, who was his dermatologist's assistant and the daughter of late Elvis Presley, Lisa (Whose wedding to Jackson was between May 1994 and January 1996), had divorced him. They had also given up their parental rights and conceded the custody of the children to Jackson. Rowe for instance took him to court over the custody and visitation arrangement of the two children she had with him. She eventually settled for $8.5 million, and gave up her parental rights. Who will now take the custody of these children? May be the will, if it is eventually found to exist, will shed light on this issue by giving the custody to some specific person(s) or institution.
What was Jackson Financial Status Before Death?
One of the allegations made by the Prosecution at Jackson's child molestation trial was that he was bankrupt. This was as far back as 2005. What now was the legend's financial status before he died last Thursday? A plethora of credible sources alleged that the late musician's account was in red. His indebtedness had been estimated to be $500 million. This assessment is hardly surprising considering Jackson's lifestyle of inordinate spending-a fact which had fetched him the sobriquet of 'spendaholic' among friends and foes. It was even insinuated that Jackson's scheduled 'comeback' meant to be launched with 50 concerts in London next year was a lifeline package meant to partly restored his lost fortune. What now becomes of the contracts already entered into for the London shows? Under the law any contracted of personal service is deemed extinguished if the contracted performer dies before the time of performance. This is predicated on the common law principle of frustration. Therefore Jackson's contracts for the London concerts are now voided with all liabilities extinguished.
In spite of the widespread rumour of Jackson's staggering debts at death, the future nonetheless seems bright for his three children as it has been found that the deceased had completed some works and was half-way through in others before he died. One of these works reportedly included a warning lyrics about climate change. Experts have estimated that if these works are eventually released posthumously, they, in addition to sympathetic purchase of Jackson's earlier works, will generate enough funds not only to cancel out Jackson's debts but also to give his children financial independence for the rest of their lives.
As A Bard And World Class Lyricist Bows Out
Despite Michael Jackson's perceived eccentricity, weirdness and unconventional behaviour he managed to inspire an entire generation, he infused a zeitgeist into music that history may never ignore. In spite of the misgivings that the world had over his moral perpendicularity, some honourable and decent parents like international pop star, Lionel Richey had found the moral courage to make Wacko Jacko godparent to his son.
Legally speaking most of the suits against Michael Jackson were actions in personam, which would necessarily extinguish with his demise. It was not stated in clear terms by the family whether he had a will. In a country like America which has been acknowledged as the most lawyered nation on earth, it would be strange if he didn't. this is the only area where a few more suits are likely to materialise as his three children are from different women. Some veiled and unseen creditor may also surprise the Jackson estate with a claim or lien not yet identified. For these likely legal issues, the US has a functional and fairly reliable legal system that would most certainly meet the challenges.
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