A Judge fined pop icon Michael Jackson $10,000 Wednesday for failing to be represented at a previous hearing in a federal civil case.
Judge Eldon Fallon ordered the singer to pay the fine after neither Jackson nor his attorney had appeared for the July procedural hearing in a case where he is accused of sexual assault during the 1984 World's Fair.
Plaintiff Joseph Thomas Bartucci Jr. claims he was lured into Jackson’s limousine and then held against his will for days. He says he was sexually assaulted by the singer during a return trip to California. Bartucci, who was 18 at the time, said he repressed the memories until 2003 when he watched coverage of the child molestation case against Jackson.
However, Jackson was photographed at the White House visiting then-president Ronald Reagan on at least one of the dates Bartucci claims he was molested.
Summons "lost"
Jackson’s attorney, Charles Gay, told the Judge that the summons for the missed court date had been lost during the confusion of Jackson’s trial in Santa Maria. The summons had arrived on June 13, the day the singer was vindicated by the jury.
"I would like to point out that June 13 was probably the most anxious day of Michael Jackson's life," Gay said.
Gay told the Judge that Jackson had not been eating or sleeping during this time and was worried about his and his children's futures.
"The order of June 13 did not get in the proper people's hands because of the chaos in Michael Jackson's life," Gay said.
Judge Fallon said it would be inappropriate to fine Jackson for contempt, but levied other fines related to court costs.
"It strains my understanding of the facts that Mr. Jackson did not know of this matter," Fallon said. "The same person received all the summonses."
The Judge fined Jackson $5,000 for missing the earlier hearing and $5,000 to cover attorney fees for Bartucci.
Statute of limitations
Gay said the case would most likely not even go to trial
"It's very unlikely," he said. "There is probably a problem with the statute of limitations."
A one-year statute of limitations is in place from the time that Bartucci claims he regained his memory, but Gay said Bartucci had allegedly discussed the allegations with his wife in the 1990s.
Attorney for Bartucci, William Pigg, also filed a motion to have Gay dismissed as Jackson's attorney. Bartucci said he had previously discussed the case with attorneys from Gay’s firm, Adams and Reese.
"Mr. Bartucci's memory appears to be false," Gay said of the claim.
Pigg said he would push for a quick trial in which Bartucci is suing for unspecified monetary compensation from Jackson on various claims such as emotional distress.
"My client has been under a great deal of stress," he said. "He has been the victim of character assassination. He had animal blood smeared on his door a couple of weeks ago."
Bartucci is a "con artist"
In an interview late last year, Bartucci’s then-girlfriend said he knew he was planning to sue Jackson.
“I am speaking out because I don't want to see this con man ruin a person who already has enough on his plate," said Hope Horne. “He's a total con artist and a liar."
It was also discovered that Bartucci filed another suit in 2001 in which he accused a Louisiana reverend of sexual molestation. He claimed the minister "demanded that the plaintiff's masturbation was necessary in order to purify and avoid going to hell."
Bartucci himself is facing a civil suit from a woman claiming he used "fraudulent conduct" and "obtained title" to her insurance policy. It is alleged that Bartucci faked a convulsion during a deposition.
The Judge scheduled a conference for September 7 to determine a trial date.
Source: AP/Celebrity Justice/MJJForum/eMJey