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American Morning
Jackson Memo
Aired December 10, 2003 - 07:06 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: Is the child molestation case against Michael Jackson in trouble? The Santa Barbara district attorney doesnt seem to think so. He is dismissing news of a child welfare investigation earlier in the year that found no evidence that Jackson molested the boy who is now accusing him.
Is this a bombshell for the defense? We're going to check in with our legal analyst, Jeffrey Toobin.
Good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi.
O'BRIEN: Big news in this case. Let's back up and explain for people who might not really understand. This memo, which comes from the Department of Children and Family Services back in February of this year, determined, along with the L.A. Police Department, in an investigation that there was no wrongdoing, no appearance of molestation, specifically about the same child that is now accusing Michael Jackson now. Give me an overall assessment.
TOOBIN: It sure looks like a bombshell. Just some dates are very important here. The documentary, the "20/20" story, the Martin Brashear interview, you know, when Michael Jackson said he slept in the same bed with kids, that came out in February.
O'BRIEN: And that kicked off this memo.
TOOBIN: That prompted this investigation. And what's so important about this investigation is that the child himself and his mother were interviewed by the authorities in Los Angeles, and they said no abuse had taken place.
OK, fast forward to November 20th, the charges are filed in Santa Barbara. November 26th, this memo is written, summarizing what was done in February. So, what is possible here, I mean just to look at this from the perspective of the prosecution, is this investigation was done in February. Perhaps the abuse took place after February. That's one possibility of why this might not be devastating to the prosecution. But if it is after the abuse is alleged to have taken place, it's a big problem for the prosecution.
O'BRIEN: The Santa Barbara D.A. issued a public statement, and they have said that they are aware of this investigation, which would then, I guess, lead to the question: Does this mean that they have a rock-solid case? That they felt confident, even in the light of this investigation -- which pretty much clears Jackson, done by child welfare and not, you know, the district attorney's office -- does that mean that they have a rock-solid case?
TOOBIN: Well, it is possible, I mean, even in the face of a memo like this. If there are photographs, if there are videotapes, if there is some really strong evidence, other than just the alleged victim's testimony, maybe you can overcome something like this. Also, historically, if you look at child abuse cases, there are many examples of children at first denying that abuse took place, and then later on further questioning admitting it, but those cases are tough.
O'BRIEN: How much weight does the Department of Children and Family Services investigation actually carry? I mean, do you think...
TOOBIN: I think a lot. I mean, you know, it's a government investigation. It's a specific question about the specific issue of sexual abuse...
O'BRIEN: (UNINTELLIGIBLE) a child.
TOOBIN: ... about -- and Michael Jackson is the person asked about. If he denied it to government officials, it's a big, big deal. It may not be the only thing in the case, but it's a big hurdle for the prosecution.
O'BRIEN: At this point, no charges have been filed.
TOOBIN: Still.
O'BRIEN: And, of course, the timing, as you say, is what's really going to be critical.
TOOBIN: He's got to be arraigned January 9th. He was arrested, you know, November 20th. I mean, it's still no charges. It's very bizarre.
O'BRIEN: It is. Jeff Toobin, as always, thanks.
TOOBIN: OK.
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 December 10, 2003 - 07:06 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: Is the child molestation case against Michael Jackson in trouble? The Santa Barbara district attorney doesnt seem to think so. He is dismissing news of a child welfare investigation earlier in the year that found no evidence that Jackson molested the boy who is now accusing him.
Is this a bombshell for the defense? We're going to check in with our legal analyst, Jeffrey Toobin.
Good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi.
O'BRIEN: Big news in this case. Let's back up and explain for people who might not really understand. This memo, which comes from the Department of Children and Family Services back in February of this year, determined, along with the L.A. Police Department, in an investigation that there was no wrongdoing, no appearance of molestation, specifically about the same child that is now accusing Michael Jackson now. Give me an overall assessment.
TOOBIN: It sure looks like a bombshell. Just some dates are very important here. The documentary, the "20/20" story, the Martin Brashear interview, you know, when Michael Jackson said he slept in the same bed with kids, that came out in February.
O'BRIEN: And that kicked off this memo.
TOOBIN: That prompted this investigation. And what's so important about this investigation is that the child himself and his mother were interviewed by the authorities in Los Angeles, and they said no abuse had taken place.
OK, fast forward to November 20th, the charges are filed in Santa Barbara. November 26th, this memo is written, summarizing what was done in February. So, what is possible here, I mean just to look at this from the perspective of the prosecution, is this investigation was done in February. Perhaps the abuse took place after February. That's one possibility of why this might not be devastating to the prosecution. But if it is after the abuse is alleged to have taken place, it's a big problem for the prosecution.
O'BRIEN: The Santa Barbara D.A. issued a public statement, and they have said that they are aware of this investigation, which would then, I guess, lead to the question: Does this mean that they have a rock-solid case? That they felt confident, even in the light of this investigation -- which pretty much clears Jackson, done by child welfare and not, you know, the district attorney's office -- does that mean that they have a rock-solid case?
TOOBIN: Well, it is possible, I mean, even in the face of a memo like this. If there are photographs, if there are videotapes, if there is some really strong evidence, other than just the alleged victim's testimony, maybe you can overcome something like this. Also, historically, if you look at child abuse cases, there are many examples of children at first denying that abuse took place, and then later on further questioning admitting it, but those cases are tough.
O'BRIEN: How much weight does the Department of Children and Family Services investigation actually carry? I mean, do you think...
TOOBIN: I think a lot. I mean, you know, it's a government investigation. It's a specific question about the specific issue of sexual abuse...
O'BRIEN: (UNINTELLIGIBLE) a child.
TOOBIN: ... about -- and Michael Jackson is the person asked about. If he denied it to government officials, it's a big, big deal. It may not be the only thing in the case, but it's a big hurdle for the prosecution.
O'BRIEN: At this point, no charges have been filed.
TOOBIN: Still.
O'BRIEN: And, of course, the timing, as you say, is what's really going to be critical.
TOOBIN: He's got to be arraigned January 9th. He was arrested, you know, November 20th. I mean, it's still no charges. It's very bizarre.
O'BRIEN: It is. Jeff Toobin, as always, thanks.
TOOBIN: OK.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
