Jackson Defense Challenges credibility of Accuser's Brother

In Tuesday’s court proceedings, Michael Jackson’s defense attorney, Thomas Mesereau Jr. was able to cross examine the brother of the teenage boy that is accusing Michael Jackson of child molestation. He quickly got at the credibility factor of this witness by showing inconsistencies in his Grand Jury testimony, the interview he did with the police and his testimony yesterday on direct examination conducted by District Attorney Thomas Sneddon. In what could have been a scene out of a Perry Mason flick, Mr. Mesereau asked the brother when was the last time him and his family visited Neverland. The 14- year old brother admitted that it was around March 2003 that his family visited Neverland. The boy yesterday in direct examination said that Mr. Jackson showed him and his brother some adult pornography magazines and identified the magazine, called Barely Legal, that Mr. Sneddon showed him. After the identification, Mr. Sneddon requested that the magazine be catalogued as evidence against Mr. Jackson. In cross examination by Mr. Mesereau, he showed the boy the magazine and asked if it was a magazine that Mr. Jackson showed him, which the boy said “yes”. Then Mr. Mesereau asked the boy to read the date on that magazine. The publication date on the magazine was August 2003, which is months after the family last visited Mr. Jackson’s Neverland Valley Ranch. Afterwards, the brother claimed that the magazine that Mr. Sneddon catalogued into evidence and the one that Mr. Messereau asked to reveal the date was not the exact same magazine, but one of the same type. “I’m telling you, it’s not exactly the one he showed us,” the brother insisted. He also acknowledged that he had looked at the magazine with District Attorney Tom Sneddon before it was presented as evidence. Throughout Mr. Mesereau’s questioning of the witness, the brother repeatedly claimed an absence of memory due to his school work and tests that “most of that stuff leaves my memory.” "I know everything happened," the brother said. "I just don't remembers details ... not all the details." In yesterday’s direct examination, the boy testified that on two occasions he walked into Mr. Jackson’s bedroom at Neverland and found him masturbating with one hand, while his other hand was down the pants of his brother. During cross-examination, the brother said that he had never seen Mr. Jackson disable the bell. He said that when he entered the bedroom that he heard the bell, but insisted that if the door to the bedroom was closed, the bell would not have been audible in the bedroom. "So the two times you claim you saw Michael Jackson touching your brother in bed, that alarm went off?" asked Mr. Mesereau. "Yes," said the boy. When the boy testified about the alleged molestation on Monday he did not mention any bell or alarm system and said his brother slept through both incidents, snoring at one point. Mr. Mesereau pointed out the inconsistencies in the brother’s previous statements to a therapist and the grand jury. The boy stated that Mr. Jackson put his hand on top of the accuser’s underwear, rather than inside, or that the singer was touching and rubbing the boy’s buttocks, rather than his crotch. However, the brother denied changing his story and said that he doesn’t remember making some of those other statements. Mr. Messereau also pointed out the inconsistencies in the brother’s testimony yesterday when he testified that this father abused him and other family members and that his parents fought constantly with each other. Under cross-examination, Mr. Mesereau challenged that testimony by stating that in a deposition that the boy gave four years ago in a civil lawsuit against J.C. Penney’s, that his father never hit him nor that his parents fought with each other. The brother stated that the statements he made in that deposition were not true. Mr. Mesereau then asked if anyone told him to lie in that deposition. The boy said, “I don’t remember. It happened a long time ago.” Mr. Mesereau pressed and asked to tell the jury why he lied in that deposition which led to a similar response. "I don't remember. It's like five years ago. I don't remember nothing," the 14-year old said. The civil suit against was brought forth from an altercation on December 15, 2000 between the boy’s mother and a security guard in the parking lot of a J.C. Penny’s store when the current accuser was caught shoplifting. The mother sued the store claiming that the guards manhandled her and her children. A year later, she claimed that the guard sexually abused her by groping her breasts. The civil suit was settled out of court for a reported $100,000 after the current accuser discovered he had cancer. The defense claims that this civil suit is evidence that the boy’s mother has a history of making claims of abuse has coached them what to say for financial gain. Other inconsistencies that Mr. Mesereau pointed out in Tuesday’s cross examination of the brother of accuser was that on an airplane trip from Florida to Santa Barbara, he saw his brother and the singer drinking alcohol in a 7-Up can. In direct examination yesterday he claims that it was alcohol because there was a red ring on the top of the can. He also claims that Mr. Jackson offered him some, and to not be rude he accepted, but after smelling it, gave it back to Mr. Jackson. He claims that the contents inside the can smelled like rubbing alcohol. Mr. Mesereau pointed out, however, that in the transcript of an interview the brother gave to police, that the wine in the can was white, not red. "Do you think the court reporter made a mistake?" Mesereau asked. "Yes," the brother answered. Other conflicting statements emerged when Mr. Mesereau pressed whether or not he knew Larry Feldman, a Los Angeles attorney who assisted the family when they came forward with their allegations against Mr. Jackson. Subsequently, Mr. Feldman was also the lawyer the Chandler’s obtained in 1993 when they too alleged child molestation on their son by Mr. Jackson. The boy stated that he knew Feldman, then later recanted and said he didn’t recall the name. Then, he said he couldn’t recall meeting Mr. Feldman, but later admitted that he had met with him twice, before saying that he didn’t remember whether he had met Mr. Feldman or not. The defense cross-examination of the brother will resume Wednesday morning. Today’s proceedings adjourned at noon today due to an appointment for Judge Rodney Melville. Sources: CNN/Associated Press/MJJForum/eMJey