Reflections on the Michael Jackson Trial - Thomas Mesereau, 10 Years On

I was recently contacted by my friends Jamon and Q, who run a Michael Jackson podcast from Australia - The MJCast. Launched this year, the show has already amassed a sizable fanbase, which includes former Savage Garden singer Darren Hayes, who recently volunteered his services as a guest, in an episode to be released in the coming weeks.

Jamon and Q wanted to record a special edition of the show to mark the 10th anniversary of the unanimous not guilty verdicts in the Michael Jackson trial and they knew exactly who they wanted to interview - Tom Mesereau.

Even before the Michael Jackson trial, Tom Mesereau was one of the most respected and decorated lawyers in America, known for his dedication to pro bono work - running free legal clinics and trying death penalty cases in the Deep South for no fee - as well as his skillful defences of high profile clients. Of course, the Michael Jackson trial - the most widely covered trial in world history - catapulted him to a whole new level of prominence and prestige.

He remains a busy and successful advocate, having so far this year secured an acquittal in a mortgage fraud case (his third consecutive victory in federal court) and hung the jury in a pro bono capital murder case in Alabama. Since then he has signed up to represent Suge Knight, who stands accused of murder and robbery.

 A quasi-successful attempted selfie by Tom and I in Hollywood, November 2014.

Jamon and Q invited me to guest host the show, which I was honoured to do, and I set about trying to secure Tom's involvement. I was able to schedule a conference (not easy, coordinating mutually agreeable times in British, American and two Australian time zones!)  and to our delight, Tom told us when he came on the line that he would stay for as long as we wanted and answer anything we asked.

That show was uploaded today, with no prior announcement, as a surprise gift for the MJCast's listeners, 10 years exactly since Michael Jackson was exonerated. In it, Tom discusses his background, how he came to be involved in the Jackson trial, the tactics he used to win it, and how he thinks it is remembered today and will be remembered in the future.

It was a pleasure to take part and I hope you all enjoy it. 

Click here to listen to the show.

On Tom Sneddon

The death of former Santa Barbara District Attorney Tom Sneddon sparked jubilation among the Michael Jackson fan community. The DA who twice failed to convict the star on child abuse charges died on Saturday, November 1, with his family at his side, from complications following a cancer diagnosis.

It was Tom Sneddon who pursued Jackson in 1993 over the Chandler family’s sexual abuse accusations – a case which fell apart when the accusers solicited a pay-out and stopped cooperating with the authorities. Then, it was Sneddon who charged and personally prosecuted Jackson a decade later when Gavin Arvizo, who famously appeared alongside the singer in a Martin Bashir documentary, made similar accusations.

For many Jackson fans, Sneddon was evil personified; a larger-than-life boogieman who masterminded a conspiracy to destroy their idol’s career. Undeniably, his professional conduct was extremely poor in the Jackson trial. But just as images of Jackson’s bereft children after his death reminded us that despite his superstardom, he was a man with a family like anybody else, so too the thought of Tom Sneddon surrounded by loved ones on his deathbed should remind us of the same. Fans' remarks about the prosecutor ‘rotting in hell’ will not affect Tom Sneddon. He’s not here to read them. It is his loved ones who are left behind to cope with them – and there is no reason why they should have to. Such comments are tasteless in the extreme and do not reflect well on Jackson’s followers.

Of course, those followers would likely argue that it was Sneddon who made things personal. They would have a point, too. Sneddon seemed to relish persecuting the musician. In a series of gleeful media appearances in November 2003, to reveal the Arvizo accusations, he cracked jokes, mocked Jackson’s art and referred to him as ‘Jacko Wacko’ – behaviour for which he was later forced to apologise.

But there was more to it than that. Sneddon didn’t just seem to enjoy prosecuting Jackson; he appeared obsessed by it – so much so that he repeatedly acted beyond his brief in his zeal to bring down the star. He removed clearly-labelled, privileged defence documents from the home of Jackson’s personal assistant. He made ‘factual’ assertions in front of grand jurors when he shouldn’t have done. He tampered with his case to circumvent exculpatory evidence. He even seemingly tried to plant fingerprint evidence. He over-stepped the mark, time and again.

Jackson’s fans largely believe Sneddon knew Jackson was innocent all along; that he had a personal grudge against Jackson and fabricated the cases against him. I’ve never been totally convinced of his supposed motives. The fans' theory tends to be that Sneddon was desperate for prestige; that the prospect of convicting the world’s most famous musician became an egomaniacal obsession.

Admittedly, there is some evidence which supports that theory. In November 2003, Sneddon raided Jackson’s Neverland Ranch with a reported 70 sheriffs and multiple helicopters. What use is a helicopter when searching for evidence of child molestation? It was an obvious stunt. Reporters were on the scene before police even arrived. The entire operation was designed to generate attention. Sneddon’s behaviour in front of TV cameras at the time suggested he enjoyed the press attention, too; he seemed intoxicated by it. But was he basking in the limelight, or just displaying very poor judgement, as he later claimed?

What's certain is that poor judgement became a feature of the prosecution. The decision to proceed to trial was in itself highly questionable. In one of many troubling incidents, Sneddon and his team learned after Jackson was arraigned in January 2004 that he had an alibi for all the dates on the charge sheet. Realising the family’s current story could not be true, Sneddon - rather than reconsidering the validity of the prosecution - simply changed the dates on all the charges, even though it threw out the whole timeline. His case no longer made any sense, but he bullishly pursued it anyway.

The holes were gaping and plentiful. The accuser initially claimed he’d been molested up to six times, but later said it was ‘one or two’. He originally said Jackson instigated the molestation by telling him boys had to masturbate, or else they’d become rapists. He later conceded it was actually his grandmother who told him that.

The boy’s brother, who claimed to have witnessed the molestation, gave contradictory accounts. Originally, he claimed Jackson and the boy had laid on their sides as Jackson rubbed his penis on the boy’s buttocks. Later, he said they’d been side-by-side as Jackson fondled the boy’s genitals. By the time their mother took the stand and made a number of increasingly wild assertions about hot air balloon kidnap plots, Sneddon was reportedly seen with his head in his hands.

As the trial progressed, it is therefore unsurprising that Sneddon appeared to become less enamoured with the spotlight. The obvious assumption was that this was connected to his crumbling case, but others felt accusations of glory-hunting were untrue from the off. Rather, they contended aggressive prosecutions were simply his modus operandi – hence his nickname: ‘Mad Dog’.

In a November 2003 profile by Associated Press, acquaintances said Sneddon was always relentless in his pursuit of justice. The piece said he was ‘tenacious and tough, particularly when he has made up his mind about a case – sometimes to a fault’. Superior Court Judge James Slater supported that allegation, commenting, “There were times, and there still are, where his tenaciousness gets in the way of his better judgement and he has to step back.”

Jerry Roberts, editor of the Santa Barbara News Press, told CBS: “He’s a law-and-order guy who sees the world in black and white. There’s bad guys and good guys, and he sees himself as the good guy.”

But Jackson was not a ‘bad guy’, according to the jurors who heard all Sneddon’s evidence and then acquitted him unanimously on all charges. And therein lies the problem with prosecutors like Tom Sneddon.

Cop shows are obsessed with authority figures who don’t play by the rules. Due process is routinely depicted as an irritant; a bureaucratic box-ticking exercise. As viewers, we are manipulated into rooting for cops who play dirty to nail people they ‘know’ are guilty. We come to despair of laws which prevent the Government locking people up on the ‘technicality’ there there’s no evidence against them.

To achieve this blind trust of authority figures, the shows tend to portray the ‘baddies’ as cartoonish master-villians, sneering at the prosecutors and mocking their professional impotence. The writers place us in the shoes of the victim or their relatives, making it all too easy to fall into the trap of sympathising with the corrupt officials. We are less often encouraged to sympathise with the accused – ‘How would I feel if it was me, or my brother, that they were planting evidence against, or entrapping?’

Due process exists to protect the innocent, not the guilty. If we allow investigators to break the rules for a supposedly ‘good cause’, we set a precedent which will inevitably make it easier to lock up the innocent. Actions like Sneddon's - like stealing defence information, and tailoring a prosecution to circumvent objective evidence undermining the charges - compromise the integrity of the entire system.

After his death, current Santa Barbara DA Joyce Dudley called Sneddon ‘a pioneer in many areas of prosecution, especially crimes against vulnerable victims’. She added that he founded Santa Barbara’s Sexual Assault Response Team.  

I don’t doubt that’s true. Unquestionably, in his more than 20 years as DA, Sneddon will have secured justice for many victims.  It is unfortunate, therefore, that he persisted in his quest to convict Jackson. A case of that magnitude was destined to define his career – and it will stand forevermore as a monument to the very worst aspects of his professional conduct.

Less than 10 years after the trial concluded, both men are dead. In the eyes of many Jackson fans, Sneddon contributed significantly to Jackson’s demise. So traumatised he could not rest without the assistance of hospital grade anaesthetic, the singer was accidentally killed by his doctor in 2009. Now Sneddon is gone too. May they both rest in peace – but may Sneddon’s catalogue of misconduct be a lesson to all, in how not to spend taxpayers’ money. 

Belated Film Festival Snaps

Looking at my blog earlier today and cursing myself for neglecting it for so long, I realised one of my last entries was 'Part One' of what I had intended as a series of London Film Festival blogs. A festival devotee, I attend every year - sometimes with a press pass, but always with a stack of tickets I've bought for myself. Last year I was lucky enough to receive press credentials and provided a series of newspaper and internet articles for the Yellow Advertiser, Britain's largest regional newspaper series.

Part Two of my blog series, however, never materialised. Now, as the BFI begins announcing gala screenings for the 2014 festival, I am finally uploading a selection of my pictures from the 2013 galas. They include pictures from the premieres and press conferences for Gravity, Philomena and Saving Mr Banks - featuring stars including Tom Hanks, Dame Judi Dench, Steve Coogan and Emma Thompson.

Enjoy!

Film Festival - Part One - 'Hanks for the Memories'

The London Film Festival is upon us once more. Those who have been following my blog for a while will know that I am a huge fan and avid supporter of the annual event, organised by the British Film Institute. In 2010 I was an official correspondent, covering the festival for two American websites - Sawf News and the Huffington Post. This year I am covering it for one of the UK's largest regional newspaper chains, the Yellow Advertiser.

My festival calendar kicked off on Wednesday with a press conference for 'Captain Phillips', the new true-story Tom Hanks movie about a US cargo ship hijacked by Somali pirates. Mr Hanks was very funny, if somewhat unwilling to answer some questions seriously. He experienced a sustained grilling from Britain's cheeky showbiz reporters, but handled the onslaught well. I filed a report about the event last night, published today.

Click here to read my dispatch from the press conference.

Click to enlarge.
Copyright: Charles Thomson

I took this picture at the press conference yesterday. For some reason, it looks like Tom Hanks is crying. He wasn't. It's just one of those funny moments where a camera catches somebody's face halfway through doing something else.

Here are some of my other shots:

Click pics to enlarge.
All pics, Copyright: Charles Thomson.

More on my festival adventures as and when more reports are published.

Another Tom Mesereau Endorsement!

Randall Sullivan's new Michael Jackson biography is causing a lot of controversy. It's not hard to see why. Last weekend I spotted a feature in the Mail on Sunday, taken from Sullivan's book. It included an allegation that Jackson's years of plastic surgery had left him with no nose and he had to wear a prosthesis. The story said Jackson kept a jar of fake noses and a tube of glue beside his bed.

The story is absurd, of course. Jackson's full autopsy report leaked after his death. Autopsy reports contain anything and everything about a body which is considered to be unusual. Jackson's mentioned scars behind his ears caused by his plastic surgery. It mentioned black tattooing on his head to disguise his baldness. It mentioned his dental work. What it didn't mention, though, was anything about Jackson not having a nose or anything about him wearing a prosthesis. Ergo, story is demonstrably false.

I haven't read Randall Sullivan's book yet so I won't comment on it as a whole, but the Mail on Sunday article was a travesty of journalism. At first I found it disappointing, but when I realised that it was not only Sullivan who had let the prosthetic nose nonsense into print but also his publishers', their legal team and subsequently the Mail on Sunday's editorial and legal staff, I thought it stopped being disappointing and started being sinister.

There is no way the story could go through to many legal checks without somebody realising it was deranged. It was clearly sent to print in the knowledge that it was false. And if it wasn't, every staff member who checked it before it went to print should be sacked with immediate effect because they are incompetent. On the other hand, if they sent it to print in the knowledge it was false then they should still be sacked. Either way, they are unfit to do their jobs.

Anyway, I digress. I got an email the other day to tell me that I am repeatedly referenced in Randall Sullivan's book. In his acknowledgements section he describes my Huffington Post articles about Michael Jackson as 'excellent' and I am told he references them several times.

Even more excitingly, Mr Sullivan writes in the acknowledgements that he was introduced to my work by none other than Thomas Mesereau, the magnificent civil rights attorney who secured Jackson's acquittal in his 2005 trial.

 Thomas Mesereau endorses my work to Randall Sullivan.

(Click to enlarge)

I met Mr Mesereau and his co-counsel Susan Yu at the London premiere of David Gest's Michael Jackson documentary 'Life of an Icon' last year. They were both very complimentary about my work. I had appeared on the radio with Mr Mesereau a few weeks earlier where he had also praised my work. However, I was unsure if he was just being polite. He seems like a very nice man.

To learn that Mr Mesereau privately refers people to my work when they ask him questions about the Michael Jackson trial is extremely humbling. I was a journalism student when Jackson's trial was going on. I remember following it every day - reading the transcripts and the media coverage. I remember watching the verdicts live on BBC News with my mother and my brother. I could never have even conceived at that time that one day Tom Mesereau would be pointing to me as an authority on the trial he worked so hard to win.

So anyway, a big thank you to Tom Mesereau - a hero not only for his valiant work in 2005 but for his catalogue of pro bono work in the Deep South. He is a conscientious and valiant man who excels in his profession. As Mr Sullivan writes in his acknowledgements - Mr Mesereau is just about the only prominent figure in Jackson's life who has escaped significant criticism from his fans. It is an honour to have his endorsement.

 Thomas Mesereau and Susan Yu at the London premiere of 'Life of an Icon'. Picture by Angela Kande.
(Click to enlarge)

Chandler Suicide Highlights Media Bias Against Jackson

When it emerged yesterday that two weeks ago Evan Chandler, father of Jordan Chandler, shot himself in the head, few tears were shed despite the media's best efforts to eulogise him.

Most media outlets are touting Chandler as 'the father of the boy who accused Jackson of child molestation'. Wrong. Chandler was the father who accused Jackson of molesting his son after the star refused to negotiate script-writing deals for him.

The initial allegations against Jackson were made not by Jordie Chandler but by his father Evan, in spite of Jordie's insistence that Jackson never touched him inappropriately, a stance that the boy maintained for several months.

Relations between the boy's father and Jackson had been strained from the outset as Evan Chandler felt that Jackson was replacing him as a father. The following passage is taken from Jackson biography 'The Magic and the Madness'. Chandler spoke to the author, Randy Taraborrelli, several times:

"June and Evan had been arguing about Evan's involvement in Jordie's life; June didn't feel that Evan was spending enough time with his son. Evan disagreed. However, he couldn't help but feel that he might be losing his place in Jordie's life to Michael. He didn't believe that Michael was doing anything wrong with Jordie. Rather, he simply felt the presence of another man, an influential male figure, in his son's life - and he didn't like it. It didn't help matters that June would often make reference to the fact that Jordie saw Michael more than he did his own father. 'Michael is completely influential on your son,' she told Evan during one conversation, 'and he's taking over where you have left off.'"

The book goes on to describe Evan's chagrin as Jackson performed fatherly tasks, such as buying Jordan a computer: 'Evan was not happy about it. He had planned to buy his son the exact same computer and Michael had beaten him to it.'

Chandler noticed his son becoming distant and began to believe that Jackson was involved with his ex-wife, June: 'I felt then that maybe June should just divorce Dave, since they were having problems, and maybe hook up with Michael.' On a trip to Monaco Taraborrelli describes Jackson as looking close to June: 'In Monaco Michael was often photographed with June, Jordie and Lily. In several pictures, he is seen holding Lily in his arms while walking next to June. Jordie [...] walked ahead of them.'

When Evan first met Jackson he felt 'exhilaration' and 'awe'. However, when Jackson stopped returning his calls he became bitter. On July 8th 1993 Evan was tape recorded during a telephone conversation, complaining that Jackson had stopped telephoning him: 'There was no reason why he had to stop calling me'.

He added that he'd had a conversation with Jackson and told him 'exactly what I want out of the relationship with him'.

'I picked the nastiest son of a bitch I could find,' he said of his new attorney. 'All he wants to do is get this out in the public as fast as he can, as big as he can, and humiliate as many people as he can. He's nasty, he's mean, he's smart and he's hungry for publicity. Everything's going according to a certain plan that isn't just mine. Once I make that phonecall, this guy is going to destroy everybody in sight in any devious, nasty, cruel way that he can do it. I've given him full authority to do that.'

'If I go through with this, I win big time,' he continued. 'There is no way I lose. I will get everything I want and they will be destroyed forever. June will lose [custody] and Michael's career will be over.'

Asked whether that was good for Jordie, he replied: 'That's irrelevant to me.'

Behind the scenes an increasingly embittered Chandler had contacted Jackson and demanded that he negotiate three scriptwriting deals on his behalf. If Jackson did not comply, Chandler threatened, he would accuse him of molesting his son. Jackson didn't comply - and the rest is history.

Jordie maintained for some time that Jackson had never touched him inappropriately. Investigative journalist Mary Fischer uncovered compelling evidence - which she published in her 1994 GQ article 'Was Michael Jackson Framed?' - that Jordan Chandler only subscribed to his father's version of events after Evan - a dentist by trade - plied him with a mind-bending drug called sodium amytal, which is known to induce false memory syndrome.

Even once Jordan Chandler began to toe his father's line, his testimony was so unconvincing that DA Tom Sneddon took his case to two separate grand juries and neither allowed him to bring charges against Michael Jackson. Contrary to widely reported myth, Jordan Chandler did not accurately describe Jackson's genitals. Among other inaccuracies, he claimed that Jackson was circumcised while police photographs proved that he was not.

Unsurprisingly, none of this information has made its way into the mainstream media's reportage of Evan Chandler's death. Instead, Chandler's suicide is seen as another opportunity to sling mud at Michael Jackson and perpetuate the same, tired old myths about the 1993 allegations - particularly with regard to the settlement.

News outlets the world over are once more reporting that in 1994 Jackson paid the Chandlers a settlement. Court documents which came to light in 2005 state clearly that Jackson's insurance carrier "negotiated and paid the settlement over the protests of Mr Jackson and his personal legal counsel."

Amongst the publications that rehashed this age old nonsense was The Sun, to which I often contribute as a Michael Jackson expert. I was contacted yesterday and asked to provide information about Evan Chandler and the 1993 allegations, which I did. However, none of my information was used - most likely because it reflected too well on Jackson. Myths that imply Jackson's guilt are evidently more important than truths which exonerate him.

Noticing that The Sun's article on Chandler's suicide contained several inaccuracies (most prominently that Jordie initiated the claims of molestation and that Jackson paid the settlement) I contacted two members of staff at the newspaper - my usual contact and the journalist who wrote the article. Neither email was replied and the article was not changed.

Elsewhere, The Mirror ranked several places higher on the absurdity scale as it attempted to portray Chandler as a martyr of some kind. 'Michael Jackson sex case dad Evan Chandler wanted justice but ended up destroyed', read the headline.

Justice?

If Evan Chandler had wanted justice, why did he contact Jackson and ask for a three-movie script deal before he went to the police? If he wanted justice, why did he accept a settlement from Jackson's insurance carrier? The settlement specifically did not affect the family's ability to testify in a criminal case. So if Evan Chandler wanted justice, why didn't he allow the police to press ahead with their investigation after he got his money?

The headline, along with much of the article, is nonsense.

Having taken Jackson's insurance carrier for just under $15million (not the $20million usually alluded to by the press), in 1996 Evan Chandler tried to sue Jackson for a further $60million after claiming that the star's album HIStory was a breach of the settlement's confidentiality clause. In addition to trying to sue Jackson, Chandler requested that the court allow him to produce a rebuttal album called EVANstory.

Yes, really.

So the man who The Mirror claims only 'wanted justice' thought that the best course of action after the initial media storm died down would be to release an album of music about the supposed abuse of his pre-pubescent son.

The Mirror alluded to the fact that relations between Jordan and his parents were strained after 1993, but laid the blame at Jackson's door, claiming that the trauma of the case had driven them apart.

In actuality, Jordan Chandler went to court when he was 16 and gained legal emancipation from both of his parents. When called to appear at Jackson's 2005 trial, he refused to testify against his former friend. Had he taken the stand, Jackson's legal team had a number of witnesses who were prepared to testify that Jordan - who now reportedly lives in Long Island under an assumed name - had told them in recent years that he hated his parents for what they made him say in 1993, and that Michael Jackson had never touched him.

The evidence surrounding the 1993 allegations overwhelmingly supports Michael Jackson's innocence. It is for this reason that during the lengthy investigation, which continued for many months, Michael Jackson was never arrested and was never charged with any crime.

The evidence overwhelmingly suggests that Evan Chandler masterminded the allegations as a money making scheme, believing it would help him to achieve his dream of working in Hollywood. The aforementioned tape recorded telephone conversation heard him dismiss the boy's wellbeing as 'irrelevant' and admit that he was out to take Jackson for all he was worth.

Mary Fischer's evidence shows that as well as falsifying the sexual abuse of his own son in an elaborate extortion plot, when Jordan refused to play along Evan plied him with mind-altering drugs in a bid to trick him into believing that he was molested.

But even drugging a child as part of an extortion plot wasn't Evan Chandler's lowest point. That came when he petitioned the court to allow him to release an album of music about the supposed sexual abuse of his own son.

As for the media, this latest incident cements once more the industry's almost total unwillingness to report fairly or accurately on Michael Jackson, particularly on the bogus allegations of sexual abuse that were levelled against him. None of the aforementioned information and evidence was included in any article about Chandler's suicide that I have read so far, despite the fact that I personally delivered it to at least one newspaper which specifically asked me to supply it.

Exculpatory facts are overlooked in favour of salacious myths. A black humanitarian is tarred as a paedophile and his white extortionist is painted as a martyr.