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American Morning

Trouble in Neverland

Aired November 24, 2003 - 07:13   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


SOLEDAD O'BRIEN, CNN ANCHOR: Actress Elizabeth Taylor is coming to the defense of Michael Jackson and blasting the media for its coverage of the child molestation accusations against him. Taylor said of the media -- quote: "Their whole reaction is that he is guilty. I thought the law was innocent until proven guilty. I know he is innocent, and I hope they all eat crow."
Meanwhile, there is news about Jackson's accuser. Here's Miguel Marquez.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): According to a source close to the family pressing charges against Michael Jackson, the accuser is a boy from the Martin Bashir documentary that aired last February on ABC. The boy was 12 when the documentary was shot. Another source close to Jackson also confirms this.

Last June, the boy's family went to see Los Angeles attorney Larry Feldman. Feldman took the boy to a therapist, and after therapy, referred the case to the Santa Barbara district attorney's office.

According to the source close to the family bringing the charges, Feldman has been retained as their attorney. Feldman will neither confirm, nor deny it.

In 1993, Larry Feldman represented the family of another underage boy, who alleged sexual misconduct against Jackson. That case ended with an out of court financial settlement.

CNN spoke to the attorney representing the father of the boy bringing the current charges. The boy's parents are estranged, in the middle of a custody battle. His attorney says he is making no allegations against Jackson.

H. RUSSELL HALPERN, ATTORNEY FOR ACCUSER'S FATHER: Well, he finds it difficult to believe that Mr. Jackson could have done these acts, because his impression of Mr. Jackson is he's a sincere, benevolent, good person.

MARQUEZ: A source close to Michael Jackson calls reporting about the case before formal charges have been brought to be speculation and totally irresponsible.

Jackson spokesperson, Stuart Backerman, says Jackson's team is getting their ducks lined up for a counterattack to set the record straight. He says Jackson is launching a Web site to get information out regarding the issues of this case. The spokesperson says Jackson faces great personal opposition from the likes of Santa Barbara District Attorney, Thomas Snedden, who, he says, wants to see Michael Jackson destroyed.

(END VIDEOTAPE)

Now, District Attorney Snedden said last week at a press conference that any accusation or suggestion that he has a personal vendetta against Mr. Jackson is simply -- quote -- "B.S."

Now, on that Web site that Mr. Jackson launched today, there is a quote -- a statement directly from him in which he says: "We will not engage in speculation. We will not provide commentary on every issue or allegation du jour. We intend to try this case in the courtroom, not in the public or media." He also signs off to his fans in -- "God bless you. Michael Jackson."

But, of course, in talking to his spokesperson yesterday, he's also launched a Web site that's getting his side of it out there. So, there seems to be a two-pronged approach, both the legal side and the public opinion side.

Back to you for now.

O'BRIEN: All right, Miguel, thanks very much.

Lets' turn now to CNN's legal analyst, Jeff Toobin.

Good morning. Nice to see you.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi.

O'BRIEN: Let's begin with the documentary, which apparently now we have confirmed that the 12-year-old boy in this documentary is the same one who is bringing the allegations. Who could use this documentary for their argument? The defense?

TOOBIN: There is a lot to be said for that as an exculpatory defense-oriented document...

O'BRIEN: How so?

TOOBIN: ... because it shows that he was comfortable with Michael Jackson, happy with him, not intimidated, not scared, willingly going back to see him again.

O'BRIEN: It doesn't look like a victim sort of thing?

TOOBIN: Well, it doesn't -- right. And he's not complaining. So, I think that on the surface is helpful to the defense.

Now, as we know, relationships between abusers and their victims sometimes are complex, and there is a give-and-take that is positive in many respects for the victim. But, you know, on the surface it looks positive for Michael Jackson. O'BRIEN: Michael Jackson talks about sleeping with children in his bed. How much value could that have to the prosecution in saying, listen, he's admitted this so far?

TOOBIN: That's very helpful to the prosecution. I mean, I think, you know, as we've been talking about this case over the past week that statement has come up again and again for good reason, because it is so beyond the pale of normal behavior.

O'BRIEN: Is it illegal?

TOOBIN: It's not illegal. Holding hands is not illegal. You know, sleeping next to each other is not illegal. The statute is very specific about sexual contact, but it is certainly evidence that if you admit to sleeping with a child you might well be more likely to have sexual contact with them.

O'BRIEN: Let's talk a little bit about this Web site. Just a standard PR move, or do you think there's any sort of legal value to it?

TOOBIN: I think it's really PR. Martha Stewart has a criminal defense Web site. He has a Web site. I don't think they change a lot of minds, but I think they're mostly to appeal to the sort of fan base, to give them a chance to send positive messages somewhere and just show that Michael Jackson has supporters as well as detractors.

O'BRIEN: Attorney Gloria Allred has said the kids -- Michael Jackson's kids should be taken away. Child welfare should be investigating him. Is that too early in the stage, since he hasn't been convicted of anything?

TOOBIN: You know, if you watch cable news you might actually think that there are only two attorneys in the United States...

O'BRIEN: Geragos?

TOOBIN: ... Gloria Allred and Mark Geragos. I mean, Gloria Allred has nothing to do with this case. She represents no one. I have no idea what she's doing, you know, filing this. She has no right to do it.

The Child Protective Services in Santa Barbara County, I think they're probably aware that this case was filed. It's their responsibility to move forward. They're separate from the district attorney, and they may well, but they need to see what the evidence is. And, remember, we haven't even seen the charges in this case, and it's very...

O'BRIEN: Why the delay? I mean, why are they waiting until after Thanksgiving?

TOOBIN: I have never seen this happen before. It's not illegal, as far as I'm aware. Apparently, the defense and prosecution agreed that these charges could be filed later, but it is a principle of American law that charges should be public. It should be known to the defense. I've never seen this happen before. I don't think it really helps one side or the other, but it's just weird.

O'BRIEN: One more unusual thing in what is sure to be a very unusual case.

TOOBIN: I think there will be more unusual cases.

O'BRIEN: Yes.

TOOBIN: I just think...

O'BRIEN: I think you're right about that, Jeff.

TOOBIN: OK.

O'BRIEN: I wouldn't take money on that bet. All right, Jeff Toobin, thanks.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.






Aired November 24, 2003 - 07:13   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Actress Elizabeth Taylor is coming to the defense of Michael Jackson and blasting the media for its coverage of the child molestation accusations against him. Taylor said of the media -- quote: "Their whole reaction is that he is guilty. I thought the law was innocent until proven guilty. I know he is innocent, and I hope they all eat crow."
Meanwhile, there is news about Jackson's accuser. Here's Miguel Marquez.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): According to a source close to the family pressing charges against Michael Jackson, the accuser is a boy from the Martin Bashir documentary that aired last February on ABC. The boy was 12 when the documentary was shot. Another source close to Jackson also confirms this.

Last June, the boy's family went to see Los Angeles attorney Larry Feldman. Feldman took the boy to a therapist, and after therapy, referred the case to the Santa Barbara district attorney's office.

According to the source close to the family bringing the charges, Feldman has been retained as their attorney. Feldman will neither confirm, nor deny it.

In 1993, Larry Feldman represented the family of another underage boy, who alleged sexual misconduct against Jackson. That case ended with an out of court financial settlement.

CNN spoke to the attorney representing the father of the boy bringing the current charges. The boy's parents are estranged, in the middle of a custody battle. His attorney says he is making no allegations against Jackson.

H. RUSSELL HALPERN, ATTORNEY FOR ACCUSER'S FATHER: Well, he finds it difficult to believe that Mr. Jackson could have done these acts, because his impression of Mr. Jackson is he's a sincere, benevolent, good person.

MARQUEZ: A source close to Michael Jackson calls reporting about the case before formal charges have been brought to be speculation and totally irresponsible.

Jackson spokesperson, Stuart Backerman, says Jackson's team is getting their ducks lined up for a counterattack to set the record straight. He says Jackson is launching a Web site to get information out regarding the issues of this case. The spokesperson says Jackson faces great personal opposition from the likes of Santa Barbara District Attorney, Thomas Snedden, who, he says, wants to see Michael Jackson destroyed.

(END VIDEOTAPE)

Now, District Attorney Snedden said last week at a press conference that any accusation or suggestion that he has a personal vendetta against Mr. Jackson is simply -- quote -- "B.S."

Now, on that Web site that Mr. Jackson launched today, there is a quote -- a statement directly from him in which he says: "We will not engage in speculation. We will not provide commentary on every issue or allegation du jour. We intend to try this case in the courtroom, not in the public or media." He also signs off to his fans in -- "God bless you. Michael Jackson."

But, of course, in talking to his spokesperson yesterday, he's also launched a Web site that's getting his side of it out there. So, there seems to be a two-pronged approach, both the legal side and the public opinion side.

Back to you for now.

O'BRIEN: All right, Miguel, thanks very much.

Lets' turn now to CNN's legal analyst, Jeff Toobin.

Good morning. Nice to see you.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi.

O'BRIEN: Let's begin with the documentary, which apparently now we have confirmed that the 12-year-old boy in this documentary is the same one who is bringing the allegations. Who could use this documentary for their argument? The defense?

TOOBIN: There is a lot to be said for that as an exculpatory defense-oriented document...

O'BRIEN: How so?

TOOBIN: ... because it shows that he was comfortable with Michael Jackson, happy with him, not intimidated, not scared, willingly going back to see him again.

O'BRIEN: It doesn't look like a victim sort of thing?

TOOBIN: Well, it doesn't -- right. And he's not complaining. So, I think that on the surface is helpful to the defense.

Now, as we know, relationships between abusers and their victims sometimes are complex, and there is a give-and-take that is positive in many respects for the victim. But, you know, on the surface it looks positive for Michael Jackson. O'BRIEN: Michael Jackson talks about sleeping with children in his bed. How much value could that have to the prosecution in saying, listen, he's admitted this so far?

TOOBIN: That's very helpful to the prosecution. I mean, I think, you know, as we've been talking about this case over the past week that statement has come up again and again for good reason, because it is so beyond the pale of normal behavior.

O'BRIEN: Is it illegal?

TOOBIN: It's not illegal. Holding hands is not illegal. You know, sleeping next to each other is not illegal. The statute is very specific about sexual contact, but it is certainly evidence that if you admit to sleeping with a child you might well be more likely to have sexual contact with them.

O'BRIEN: Let's talk a little bit about this Web site. Just a standard PR move, or do you think there's any sort of legal value to it?

TOOBIN: I think it's really PR. Martha Stewart has a criminal defense Web site. He has a Web site. I don't think they change a lot of minds, but I think they're mostly to appeal to the sort of fan base, to give them a chance to send positive messages somewhere and just show that Michael Jackson has supporters as well as detractors.

O'BRIEN: Attorney Gloria Allred has said the kids -- Michael Jackson's kids should be taken away. Child welfare should be investigating him. Is that too early in the stage, since he hasn't been convicted of anything?

TOOBIN: You know, if you watch cable news you might actually think that there are only two attorneys in the United States...

O'BRIEN: Geragos?

TOOBIN: ... Gloria Allred and Mark Geragos. I mean, Gloria Allred has nothing to do with this case. She represents no one. I have no idea what she's doing, you know, filing this. She has no right to do it.

The Child Protective Services in Santa Barbara County, I think they're probably aware that this case was filed. It's their responsibility to move forward. They're separate from the district attorney, and they may well, but they need to see what the evidence is. And, remember, we haven't even seen the charges in this case, and it's very...

O'BRIEN: Why the delay? I mean, why are they waiting until after Thanksgiving?

TOOBIN: I have never seen this happen before. It's not illegal, as far as I'm aware. Apparently, the defense and prosecution agreed that these charges could be filed later, but it is a principle of American law that charges should be public. It should be known to the defense. I've never seen this happen before. I don't think it really helps one side or the other, but it's just weird.

O'BRIEN: One more unusual thing in what is sure to be a very unusual case.

TOOBIN: I think there will be more unusual cases.

O'BRIEN: Yes.

TOOBIN: I just think...

O'BRIEN: I think you're right about that, Jeff.

TOOBIN: OK.

O'BRIEN: I wouldn't take money on that bet. All right, Jeff Toobin, thanks.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.