The mother of the boy who accused Michael Jackson of molesting him made an
audiotape and signed an affidavit saying the pop star never abused him, ABCNEWS
has learned.
ABCNEWS legal contributor Kimberly Guilfoyle Newsom heard
the tape, which was made in February by an investigator on behalf of Jackson,
and she said there was no indication from the sound of the voices that the
statements were coerced or had been rehearsed.
The boy and his mother said that Jackson never acted inappropriately with the
child, Guilfoyle Newsom said. The tape was provided to her by a source close to
the defense.
They praised Jackson for providing support, love, guidance and advice, and
the boy's mother said that God had blessed them by bringing Jackson into their
lives, Guilfoyle Newsom said today on ABCNEWS' Good Morning America.
In the tape, the mother described Jackson as a "father figure" to her
children.
"There are few questions asked," Guilfoyle Newsom said. "It was mostly the
mother and alleged victim in this case and one other child, her other son,
making statements, talking about Michael Jackson how he was a father to them and
how they considered him to be family."
Sometime after the tape was made, the accuser's mother said that she had felt
like a "hostage" at Jackson's Neverland Ranch, but Guilfoyle Newsom said there
is no hint of any feeling like that on the tape.
"On the tape, she's effusive about her praise," she said.
The tape and affidavit could be extremely damaging to the prosecution, said
Guilfoyle Newsom, who is herself a prosecutor. If the boy testifies, the tape
could be introduced by the defense to raise questions about his credibility, and
he could be forced to say that he lied in the tape and affidavit, she said.
The revelation of the tape comes as The Associated Press reported that the
family of the child was involved in two earlier cases that involved allegations
of abuse: a lawsuit in which the family said they were battered by mall security
guards, and a divorce fight in which the father pleaded no contest to spousal
abuse and child cruelty.J.C. Penney Co. paid the boy's family $137,500 in
November 2001, to settle a lawsuit alleging security guards beat the boy, his
mother and his brother in a parking lot after the boy left the store carrying
clothes that hadn't been paid for, court records found by the AP show.
The mother also contended that during the confrontation, which occurred in
1998, one of the guards sexually assaulted her, according to the report.
A month before the settlement in that case, the boy's mother had filed for
divorce, and she accused her husband of criminal abuse. The father's attorney,
Russell Halpern, told The Associated Press the mother had lied about the abuse
and had a "Svengali-like" ability to make her children repeat her lies.
Jackson's attorney Mark Geragos went on the offensive Tuesday, saying he had
obtained a court order blocking the sale of video and audiotapes of the
beleaguered pop star talking with the lawyer, and vowing to land "like a ton of
bricks" on anyone who tried to smear the singer's reputation.
The tapes were made Nov. 20 as Jackson and his entourage flew on a chartered
jet from Las Vegas to Santa Barbara, Calif., where the the singer was booked on
multiple counts of child molestation. The allegations, which Jackson denies,
involve a 12-year-old boy.
The tapes were offered for sale to various news organizations, including
ABCNEWS.
Jackson's lawyers are suing the charter company, XtraJet, on seven counts,
including invasion of privacy.
Geragos said Tuesday afternoon that he had obtained a temporary injunction
against XtraJet, which he accused of peddling a "surreptitious" videotape.
"This entire case is about cash, and anyone who believes differently is
living in their own Neverland," he told reporters at a Los Angeles news
conference.
A spokesman for XtraJet said the tape was not made by anyone on the company's
staff, and the camera may have been placed on the plane by a reporter.
The FBI is investigating the case, according to Jackson's lawyers.
'We Will Unleash a Legal Torrent’
Geragos said he believed the cameras were secretly planted and that the
alleged culprits broke state and federal laws. It would be illegal to have made
the tape in Nevada unless at least one of the people filmed had previously
agreed to it.
In California, the law requires that everybody consent to being filmed.
The tapes also would violate the attorney-client privilege of
confidentiality, Geragos said. He said Jackson was suing XtraJet, and vowed to
come down on anyone who wants to "besmirch" the pop star's reputation for
profit.
"This is not the lottery. This is this man's life, his family's life," he
said. "These are scurrilous allegations. … We will land on you like a ton of
bricks. We will land on you like a hammer. We will unleash a legal torrent like
you've never seen."
ABCNEWS was offered the opportunity to buy video and audio recorded on the
flight, but declined. ABCNEWS producer Beth Tribolet was shown some of the
video, which showed an apparently relaxed Jackson smiling in conversation with
his lawyer.
"Mark Geragos was talking very animatedly and at various times he would use
his hands to make gestures and that seemed to entertain Mr. Jackson," she said.
"He would sort of laugh and so forth. But basically I would tell you that their
demeanor was overall sort of relaxed. It didn't seem like people were upset or
angry."
The injunction issued in Los Angeles County Superior Court prohibits the
release of the tape until a hearing next month. At that time, Geragos plans to
seek a permanent injunction.
Jackson, 45, has been in seclusion with family and friends in Nevada since he
surrendered to Santa Barbara County authorities last week.. The self-proclaimed
King of Pop is free on $3 million bail after being booked on counts of
committing lewd or lascivious acts with a child under 14.
Formal charges will be filed sometime after Thanksgiving, officials said.
Jackson is scheduled to be arraigned Jan. 9.
ABCNEWS legal contributor Kimberly Guilfoyle Newsom heard
the tape, which was made in February by an investigator on behalf of Jackson,
and she said there was no indication from the sound of the voices that the
statements were coerced or had been rehearsed.
