Sunday, December 6, 2009

1993 child sexual abuse accusations against Michael Jackson {10}

In 1993, Michael Jackson was accused of abuse by Evan Chandler, on behalf of his then-13-year-old child, Jordan Chandler. Jackson and Jordan had become friends in May 1992, to the father's disapproval and concern. The friendship became well known, as the tabloid media reported that Jackson became a member of the Chandler family unit. Under the influence of a controversial sedative administered by Evan Chandler, his son said that Jackson had touched his penis. Evan Chandler was tape-recorded threatening to damage the singer's music career, and engaged Jackson in unsuccessful negotiations to resolve the issue with a financial settlement. Jordan Chandler then told a psychiatrist and later police that he and Jackson had engaged in acts of kissing, masturbation, and oral sex, as well as giving a description of what he alleges were the singer's genitals.
Subsequently, Jackson's Neverland Ranch was searched by police. Other children and family members had stated that Jackson was not a pedophile; Jackson's older sister, La Toya Jackson, accused her brother of being a pedophile, but later retracted her statement saying her abusive husband of the time, Jack Gordon, forced her into making such comments.Jackson became dependent on drugs as the stress of the allegations mounted, and canceled the remainder of his Dangerous World Tour. He went into rehabilitation overseas, and began a relationship with Lisa Marie Presley. On his return to the United States, Jackson agreed to a 25-minute strip search, which was required to see if the description of his genitals provided by Jordan Chandler was accurate. Doctors concluded that there were some strong similarities but it was not a definitive match. Jackson proclaimed his innocence, and criticized the media coverage. Jackson's friends and legal advisers took over his defense and finances, persuading him to settle the allegations out of court.
Tabloid reaction to the allegations was negative towards Jackson; they were accused of bias, accepting stories of criminal activity for money, and engaging in illegal activities themselves.Public polls at the time reported that a large majority of people believed Jackson was innocent. On January 1, 1994, Jackson insurance company settled a civil suit out of court with the Chandler family and its legal team for $22 million. After Jordan Chandler refused to testify in the criminal proceedings, the state closed its criminal investigation citing lack of evidence, and Jackson was not charged with a crime. Jackson's support amongst the public began to waver, and his public image was tarnished to a degree. Prosecution evidence from the 1993 allegations would also be used against the entertainer in the 2003 People v. Jackson child sexual abuse trial, where he was acquitted on all counts.

Friendship, tape recording, allegations and negotiations:

By the summer of 1993, it was revealed that Jackson allowed children to sleep over at his Neverland ranch, a fact which came under much media scrutiny when child sexual abuse allegations were brought against him.Jackson became firm friends with Jordan Chandler and his family after a meeting in May 1992, as he was a fan of Jackson.Their friendship became so close that the National Enquirer ran a featured story with the title "Michael's New Adopted Family", which implied that Jackson had "stolen" the boy from his estranged father, Evan Chandler, who was admittedly jealous over Jackson's influence on his son. Communications between Jackson and the father broke down further when Chandler asked, "Look, are you having sex with my son?" After Jackson denied doing so, Evan Chandler's opinion of Jackson then changed, to the extent that he invited Jackson to build an extra wing on their home so that the singer could move in with them permanently. However, Chandler's concerns about the close friendship soon returned, and he tried to prevent Jackson from seeing his son, using a prior custody agreement.
On July 2, 1993, in a private telephone conversation, Chandler was tape-recorded as saying,

There was no reason why he [Jackson] had to stop calling me...I picked the nastiest son of a bitch I could find [Evan Chandler's lawyer, Barry Rothman], 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 to a certain plan that isn't just mine. Once I make that phone call, 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. Jackson is an evil guy, he is worse than that and I have the evidence to prove it. If I go through with this, I win big-time. There's no way I lose. I will get everything I want and they will be destroyed forever...Michael's career will be over.
—Evan Chandler

In the same conversation, when asked how this would affect his son, Chandler replied, "That's irrelevant to me...It will be a massacre if I don't get what I want. It's going to be bigger than all us put together...This man [Jackson] is going to be humiliated beyond belief...He will not sell one more record". The recorded conversation was a critical aspect of Jackson's defense against the upcoming allegation made against him. He and his supporters argue that he was the victim of a jealous father whose only goal was to extort money from the singer.
In early August, Chandler, a registered dentist, extracted a tooth from his son's mouth, and was later forced to admit that he used the controversial sedative sodium Amytal during the procedure. Under the influence of the drug, Jordan alleged that Jackson had touched his penis. Experts state that the drug sodium Amytal "makes patients extremely susceptible to suggestions". Dr Lewis Strong, a Los Angeles psychiatrist stated, "You can't trust it, I never use it in my practice. I have found it to be unreliable. It's certainly not a truth serum". Dr Kenneth Gottlieb, a San Francisco psychiatrist who has used the drug, stated, "I would never want to use a drug that tampers with a person's unconscious unless there was no other drug available, and I would not use it without resuscitation equipment in case of allergic reaction".
Over the next couple of months both parties engaged in unsuccessful (out of court) financial negotiations, with Chandler and his legal team asking for $20 million, or the issue would be taken to criminal court. Jackson declined the offer, saying, "No way in Hell". A few weeks later, Jackson's legal team gave a counter-offer to the value of $1 million, which was declined by Chandler. The father then lowered his request to $15 million; Jackson rejected this and lowered his original counter-offer to $350,000. With both sides unable to reach an agreement, Chandler decided he would take it to court. Chandler then took his son to see a psychiatrist called Dr. Mathis Abrams, and during the three-hour session with the doctor, Jordan Chandler said he had had a sexual relationship with Jackson that included incidents of kissing, masturbation and oral sex that went on for months. He then repeated these allegations to police and gave a detailed description of what he alleged was Jackson's penis.

Allegations made public, investigation and La Toya Jackson:

On August 18, the Los Angeles Police Department's Sexually Exploited Child Unit began a criminal investigation into Jackson. The same day, Jordan Chandler's mother told police that she did not believe Jackson had molested her son. On August 21, a search warrant was issued, allowing police to search Jackson's Neverland Ranch. Police questioned 30 children who were friends of Jackson, with all denying that the singer was a child molester. A police officer involved in the investigation told The Los Angeles Times that no evidence (medical, photographic or video) could be found that would support a criminal filing. The same day the allegations were made public, Jackson began the second leg of his Dangerous World Tour in Bangkok. On August 24, Jackson's investigator held a press conference accusing Chandler of trying to extort $20 million from the singer, although the investigator failed to mention that Jackson had given several counter-offers. On August 25, Jackson's young friends Brett Barnes and Wade Robson held a press conference where they stated that they had slept in the same bed as Jackson, but nothing sexual in nature had occurred. Jackson's family soon held a press conference of their own to show support, saying it was their "unequivocal belief" that Michael has been made a victim of a cruel and obvious attempt to take advantage of his fame and wealth." The police then began an investigation into Evan Chandlers's prior actions and found that he was $68,400 behind in his child support payments, even though he was well-paid as a dentist. On November 8, police searched the Jackson family home, Hayvenhurst, but found nothing of importance to add to their investigation.
In the winter of 1993, despite not seeing or speaking to Jackson for a number of years, La Toya Jackson claimed that her brother was a pedophile and that she had proof, which she was prepared to disclose for a fee of $500,000. A bidding war between US and UK tabloids began, but fell through when they realized that her revelations were not what she had claimed them to be. Then in Israel, she stated, "I cannot and will not be a silent collaborator in his crimes against young children... Forget about the superstar, forget about the icon. If he was any other 35-year-old man who was sleeping with little boys, you wouldn't like this guy". She also claimed that checks had been made out to several boys and that Jackson's own physical abuse as a child had turned him into an abuser. She would later claim that Jackson had tried to kidnap and kill her. The rest of the family disowned her, and in subsequent years she would insist that she was forced to make the allegations by her then husband for financial gain. Just prior to making the allegations, her husband was arrested for striking her in the face, arms and legs with a chair. By the turn of the millennium Jackson had forgiven his sister.


Strip search:


In December 1993, Jackson was served with a warrant for a strip search of his body, as police wanted to verify Jordan Chandler's description of Jackson's genitals, and details of patches of vitiligo, an illness Jackson was diagnosed with in the mid 1980s, on his body.

(Michael Jackson in 1988, two years after he was diagnosed with vitiligo, pictured in the early stages of the diseas)

The order stated that officers were to examine, photograph and videotape Jackson's entire body, "including his penis, anus, hips, buttocks and any other part of his body". The warrant stated that refusal to comply would be used in court as a possible indication of guilt. The strip search took place on December 20 at the entertainer's ranch. Those present for the prosecution were District Attorney Tom Sneddon, a detective, a photographer and a doctor. Those present on behalf of Jackson were his two attorneys, a physician, a detective, a bodyguard and a photographer.The attorneys and Sneddon agreed to leave the room when the examination took place, and Jackson demanded that the prosecution detective should also leave, which he subsequently did. In an emotional state, Jackson stood on a platform in the middle of the room, took off all his clothes and was examined for approximately 25 minutes, although he was never physically touched. The search report concluded that there were some strong similarities between Chandler's description and Jackson's body, but there wasn't a definite match. Included in the inconsistencies was an inaccurate claim of circumcision.

Jackson's response:

On December 22, Jackson responded to the allegations and everything that had occurred for the first time via satellite from his ranch:

As you may already know, after my tour ended I remained out of the country undergoing treatment for a dependency on pain medication...There have been many disgusting statements made recently concerning allegations of improper conduct on my part. These statements about me are totally false...I will say I am particularly upset by the handling of the mass—matter by the incredible, terrible mass media. At every opportunity, the media has dissected and manipulated these allegations to reach their own conclusions. I ask all of you to wait and hear the truth before you label or condemn me. Don't treat me like a criminal, because I am innocent. I have been forced to submit to a dehumanizing and humiliating examination...It was the most humiliating ordeal of my life...But if this is what I have to endure to prove my innocence, my complete innocence, so be it.

—Michael Jackson
A poll at the time, conducted by A Current Affair, found that nearly 75 percent of people believed Jackson was telling the truth in his response.[29] While Jackson sought medical help for his faltering health, his legal team and friends, such as Presley and Taylor, took control of his defense and finances.[25] Much of Jackson's legal team would meet three times a week at Taylor's home to discuss the case.[25] Taylor then called in more legal professionals on Jackson's behalf. Eventually Presley, Taylor, and Jackson's team all agreed that the singer should settle out of court; it was their opinion that the entertainer's health had deteriorated to such a degree that he could not endure a lengthy trial.

Media reaction and civil suit settlement:

Complaints about the coverage and media included using sensational headlines to draw in readers and viewers when the content itself did not support the headline, accepting stories of Jackson's alleged criminal activity in return for money, accepting confidential leaked material from the police investigation in return for money paid,deliberately using pictures of Jackson's appearance at its worst, a lack of objectivity and using headlines that strongly implied Jackson's guilt.
The New York Post ran the headline "Peter Pan or Pervert", despite minimal information being disclosed by the police. Just two weeks after the allegations were reported, the headline, "Michael Jackson: A Curtain Closes" reflected the attitude of most tabloid-orientated media.In a piece for Hard Copy, Diane Dimond—a journalist who would spend the next 15 years trying to prove Jackson was a pedophile—ran a story stating, "And one more shocker, Hard Copy has obtained new documents in the criminal investigation of Michael Jackson, and they are chilling; they contain the name of child movie actor Macaulay Culkin". The document itself stated that Culkin strongly denied being harmed by Jackson.
Two tabloid television shows accepted confidential leaked documents from the Los Angeles County Department of Children's Services for $20,000. A number of Jackson's former employees—most of whom had worked at his ranch—sold stories to the tabloids of alleged prior sexual misconduct on Jackson's part, instead of reporting their claims to police. One couple initially asked for $100,000 claiming that Jackson sexually caressed Macaulay Culkin. They were prepared to expand upon this allegation for a fee of $500,000, whereby they would allege that Jackson put his hands down Culkin's pants. When the story broke, Culkin strongly denied the allegation, and did so again in court during the 2003 trial of Michael Jackson. A former security guard made various allegations about Jackson, saying he was fired because he "knew too much", and alleged that he was ordered by Jackson to destroy a photo of a naked boy. Instead of reporting this to police, Hard Copy accepted the story in return for $150,000.Afterwards, Jackson's maid, Branca Francia, alleged that she "quit in disgust" after seeing Jackson in a shower with a child, but did not inform the police. It later emerged that Francia was actually fired in 1991, but nevertheless sold her story to Hard Copy for $20,000.
When Jackson left the US to go into drug rehabilitation, the media showed the singer little sympathy. The Daily Mirror (UK) held a "Spot the Jacko" contest, offering readers a trip to Disney World if they could correctly predict where the entertainer would appear next. A Daily Express headline read, "Drug Treatment Star Faces Life on the Run", while a News of the World headline accused Jackson of being a fugitive. These tabloids also falsely alleged that Jackson had traveled to Europe to have cosmetic surgery that would make him unrecognizable on his return. Geraldo Rivera set up a mock trial, with a jury made up of audience members, even though Jackson had not been charged with a crime.

Public reaction prior to civil suit settlement:

Despite the negative attitude of the media, the public still supported Jackson. A phone-in poll conducted by A Current Affair—known for its unfavorable coverage of the allegations—found that more than 80 percent of callers did not believe the Chandlers. A poll of teenagers—Jackson's central fan base at the time—also reported that 75 percent did not believe the allegations; this rose to nearly 90 percent amongst African-American teenagers. Two-thirds of children between the ages of 13 to 15—the approximate age of Jordan Chandler at the time—believed he was innocent. A poll conducted by Entertainment Weekly showed that only 12 percent of adults believed the allegations, and only eight percent of respondents indicated that they were less likely to buy a product endorsed by the entertainer. The same poll also concluded that public opinion of Jackson had risen since the allegations, with Jackson's past records selling at a faster rate.

Out-of-court settlement of the civil suit:

By January 1, 1994, $2 million had been spent by prosecution departments in California, two grand juries had questioned two hundred witnesses, but Jordan's allegations could not be corroborated. A few weeks later, Chandler's attorney, Larry Feldman, petitioned the court that he should be allowed access to Jackson's finances over concerns that the singer's wealth would give him an unfair advantage in court. One adviser to Jackson stated, "You can take pictures of Michael's dick and he's not gonna like it, but once you start trying to figure out how much money he has, that's where he stops playing around."On January 1, Jackson's insurance company settled with the Chandlers out of court for $22 million. After that, Jordan refused to testify in a criminal trial, neither the police nor the grand jury pressed criminal charges, citing a lack of evidence without Jordan's testimony, and Jackson was not charged with a crime. Both parties signed a legal agreement declaring they would not speak about the case details. When asked why he paid off his accuser, Jackson answered, "I wanted to go on with my life. Too many people had already been hurt. I want to make records. I want to sing. I want to perform again...It's my talent. My hard work. My life. My decision." He also wanted to avoid a "media circus".
Legal Papers submitted by his attorneys in 2002 objecting to the subpoena of the settlement document state Jackson did not give his permission for the settlement and it was made over his wishes.
The 1993 Civil Settlement was Made by Mr. Jackson's Insurance Company and was not Within Mr Jackson's Control.
The settlement agreement was for global claims of negligence and the lawsuit was defended by Mr. Jackson's insurance carrier. The insurance carrier negotiated and paid the settlement, over the protests of Mr. Jackson and his personal legal counsel.

Aftermath:

Three years later Jordan Chandler's alleged account of the relationship was detailed in a book by journalist Victor M Gutierrez. The book was said to be based on a diary the boy had kept at the time and included details of alleged sexual encounters between Jackson and himself. In 1995, Jackson filed a civil suit against Guitierrez for slander, the jury found in the singer's favor awarding the singer $2.7m in damages.
In 1996, Evan Chandler sued Jackson for around $60 million, claiming Jackson had breached an agreement never to discuss the case. In 1999, a court ruled in Jackson's favor and threw out the lawsuit.
Today, Jordan Chandler is in his late twenties living in a $2.35 million home in Long Island under an assumed name. He and his family also own a high-rise apartment in Manhattan and a condominium in Santa Barbara. June Chandler's second marriage ended sometime afterward. Jordan Chandler and Jackson never spoke to each other again; he received his last installment from Jackson in June 1999.
In 2006, Jordan accused Evan of attacking him with a barbell, choking him and spraying his face with Mace. The charges were later dropped. Several months after Jackson's death, Evan Chandler was found dead following an apparent suicide on November 5, 2009. On November 25, 2009, Jermaine Jackson claimed the 29 year old Jordan Chandler came forward since Jackson's death, admitting the late superstar never molested him.

People v. Jackson (Evidence Code 1108):

In 2003, Jackson was charged with seven counts of child sexual abuse and two counts of administering an intoxicating agent in order to commit a child sexual abuse felony against Gavin Arvizo, who was under 14 at the time. Earlier that year, a Granada Television documentary, called Living with Michael Jackson, showed the pop star holding hands and discussing sleeping arrangements with Arvizo. Jackson denied these allegations, saying that the sleepovers were in no way sexual in nature. Sneddon again led the effort to prosecute Jackson. These prosecutions led to complaints that Sneddon was motivated by a "vendetta" against Jackson. Evidence to support these claims include Sneddon joking about Jackson's greatest hits album being released on the same day as his arrest and saying, "Like the sheriff and I really are into that kind of music." He then proceeded to call Jackson "Wacko Jacko" and shouting "We got him, we finally got him" to the media, when he had only just began an investigation and had gathered limited information or evidence.
The People v. Jackson trial began in Santa Maria, California, two years after Jackson was originally charged. During the trial, the judge allowed the prosecution to bring in evidence needed to determine whether or not a defendant had a propensity to commit certain crimes. This meant that the prosecution was allowed to use any evidence it had against Jackson from the 1993 allegations to help secure a conviction. Although evidence from 1993 was used, Jordan Chandler did not appear in the Jackson trial. The trial lasted five months, and Jackson was found not guilty on all counts in June.

(A fan showing support for Jackson in 2004, as he becomes the subject of a second set of child sexual abuse accusations)

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