Wednesday, April 06, 2005

Michael Jackson Update

Alright, is the case as weak as it seems from the outside? The testimony related to complaining witness charged in this case, as well as his family and other supporters, seems underwhelming. Obviously, getting in Jackson's history is a large victory for the prosecution, especially because of the confusing jury instructions related to prior bad acts.

First, the strength of the case. It appears as if the son of Jackson's former maid probably had more compelling testimony than the new complaining witness did. He actually was somewhat consistent in his claims, although he, too, once repeatedly denied anything untoward happening between him and Jackson. Tears appear to go a long way, especially from a grown man. But, could the case be any weaker vis a vis the recent complaints? I mean, the kid denies to everyone he sees, for the longest time, that Jackson does anything wrong to him. In the meantime, he appears to be a terror of a kid, always out of control (this according to the prosecution's own witness). Finally, they talk to a lawyer, and everything changes, and now he was molested. Oh, and this family has previously conspired to shakedown a big business for extra spending money.

The fingerprints of both Jackson and the kid on the dirty magazine? I had once thought this would be damning, but then we find out, according to different people's testimony, that the kids would happily rummage through Jackson's stuff, and they didn't even fingerprint the magazines until AFTER the kid testified (and held them?) at the grand jury. How could the prosecution be so dumb as to wait until after the kid had contact with the magazines in their presence before printing them? That's as dumb as the detectives in the OJ case drawing OJ's blood in downtown LA, and then driving themselves (and the vial of blood) to the crime scene, where they gave it to the rookie criminalist who stuck it in her pocket along with all of the samples she was collecting (later, of course, they found 2 cc's of blood missing, which was all the jury needed in order to disregard the blood - and DNA - completely. The mid-trial deathbed deposition of the person who drew his blood and testified that he actually drew 2cc's less was not enough to save that evidence.).

But, the jury instructions. Now this can be complex, so bear with me here. The idiotic law on prior sexual conduct by a defendant is a little crazy, but hey, our compliant courts here in California have found simply no problem with them, so here's how they go. A defendant is presumed innocent, and the prosecution has the burden of proving them guilty beyond a reasonable doubt (the highest level in the law). To prove someone guilty of a sex crime, they can use prior sexual conduct in order to prove a pattern or character trait that may make someone inclined to commit a new crime. However, the prior crimes need only be proved by a preponderance of the evidence (the civil standard, or about 50% + 1, the lowest standard of evidence). Thus, the new case may be really weak (like here), as may be the prior acts (they need not have been convictions, or even charged offenses). However, the jury believes the prior acts by a preponderance of the evidence, but not beyond a reasonable doubt. They also have a reasonable doubt as to the new charges. However, the fact that he did it once earlier, something they believe by just a slight amount, coupled with the fact of the new charges, for which they now have motive and character (per the prior acts), means that there is enough to convict him of the new act. Thus, for someone charged with having done multiple acts of sexual misconduct, the standard of proof is effectively reduced to a preponderance of the evidence.

Our exalted California courts have sought to save that idiocy by claiming that the person still need be guilty beyond a reasonable doubt, but they never explain how to get past this conundrum. And they do not make any changes in the jury instructions that explain how it is they are supposed to find someone guilty beyond a reasonable doubt. Thus, the law is beyond a reasonable doubt, but the reality is preponderance of the evidence.

This is how Jackson could be convicted even if the new case is total crap. However, on the Drudge report today (not something I would necessarily consider a reliable source of information), he writes that jurors have been overheard mocking the testimony of the maid's son. If that's the case, then Jackson can plan that summer concert tour.

26 comments:

Anonymous said...

I say its discusting the amount of taxpayers money wasted on this obvious chid stalking, molesting pig. Just because hes a celebrity he can rape our children and get away with it? GET REAL AMERICA, cut his balls off

Jazz of London England said...

Leave Micheal alone guys. Let him have his hearing, then judge him. It worrries me that people have already made up thier minds about him, when full evidence has not been given. Has society come so sick that people are convicted and hung without a fair hearing, as they are doing to Micheal. 'Micheal loves young boys' and yet not one single gay mag was found in his home. It is also strange that both of the young men, who complained about Micheal, were proded to do so by poverty stricken parents and after kind and given Micheal stoped doling out gifts to them and ended thier plush life style, which they had become accustomed to living, through sucking up to him . What type of parents would accept money for the abuse of thier child.Or even more so pimp thier kids off for 'cash and gifts' Vultures and animals that is what they are. Animals must not be trusted; they can switch and attack for no reason and they also have no sense of decency. Hence the term animal. Jordan, I really pitty you and make sure that your parents do not get a single dime of your millions and try to get out more often and live a little. Sod the media you are Ritch Ritch.
What about those witnesses who claim to have witnessed Micheal years ago abusing young kids and yet did not report it. Surely some thing should be done to these people who clearly had failed those poor young kinds and thier civil duties(if they are to be believed)to report abuse and the violation of a child's human rights. These peeping sick Toms need to be nailed and with big nails too. Final word to people who are accusing him of rape. Micheal is not on charge for rape and no child or witness have reported rape. So here we go again, condeming the poor guy. As for me I am waiting for all the boats to come in and not just the warship.

The Bull Figher said...

Jazz of London England said: Leave Micheal alone guys. Let him have his hearing, then judge him.

Why? We are not bound by the judgment of the court. Only the government is. We can disagree with an innocent verdict and act as though it's false. For example, we might decide that should the occasion arise that we needed a babysitter, we might want to avoid MJ even in the unlikely case he were available.

Besides, a so-called "innocent" verdict is at heart a "not proven" verdict, not a real determination that the accusations were false.

nekkole mcnair said...

Real female magee mississippi
leave michael alone stop trying to get his money because its only making things worst.i feel hes a good man its his buisness if he gay an his buisness who he sleep with thats whats wrong with america now worried about the wrong things. An to the parents get a dam job an stop trying to get michael money.If your child gay he gay.

lokokid said...

Hi i am totally blown away with the blogs people have created its so much fun to read alot of good info and you have also one of the best blogs !! Have some time check my link to !!Make quick money online

Mike said...

ways to make extra money is easy. ways to make extra money

Frank said...

I just added your blog to my book marks and will be checking back often

I have a business information own start site. It's a membership site about business information own start related stuff.

Come and check it out if you get time :-)

PolarTrader said...

Great Blog! I wanted to share this with you. Are you tired of the Internet Marketing Rat Race? business home online successful

Check this out when you have time :-)
-----------------------------------------------------------------------------------------------------------

Marketing man said...

Hi, My name is Donald you have a great blog here! I'm definitely going to bookmark you! I have a runescape how to make money site. It pretty much covers runescape how to make money related stuff.

Come and check it out if you get time :-)

credit cards now said...

i liked youir blog but how do u fastest make money way with no google adsense? my girlfriend taught me how to fastest make money way with adsense, u should try

MP3 Doctor said...

Hey, great blog! Keep it up.

I have a shopping site. It pretty much covers shopping related stuff.

Come and have a look if you get time :-)

hiro said...

Hi, I was just blog surfing and found you! If you are interested, go see my kentucky lawyer related site. It pretty much covers kentucky lawyer stuff. I guess you may find something of interest.

Den said...

Hi, I was just surfing around and found your page!
Very cool,I like finding all this interesting stuff.
If you are interested, go see my Gifts related site.
It isnt anything special but you might still find something of interest.

ioio said...

Great Blog! Ilike it.I have Totally Free dating site for singlesTake a look if you have a minute. Thanks and have a good one!

luckpoo said...

I have a make money online uk site. It pretty much covers make money online uk related stuff. Check it out if you get time :-)

DigitalCamera said...

Wow, I was just messing around and found your page!
Very nice.
If you are interested, go see my shopping related site.
It isnt anything fancy but you might still find something of interest.

Anonymous said...

I found you while surfing for extra money blogs. I like it, good content. Consider this an invitation for you to visit me for a FREE extra money web portal.

Online success,

Hilda Johnson-Slaton
Risk-Free Money Auto Income Generator
www.riskfreemoney.biz

Anonymous said...

Hey, your blog has some nice key points to it. I will definately add it to my favorites. I have a site that pretty much coversfastest way to make money related stuff.

Tery Robertson said...

Hi, I was out blog surfing looking for more detailed information on making money when I came to your blog. Obviously I got off track somewhere, but I am certainly glad that I did! Would you mind if I link to you from my "favorites" page? Thanks. :)

Anonymous said...

Your blog is excellent. I specialize in card card credit fix help newgoodcredit.com self as well.

blaze said...

Great info about adsense sex I have a lage interest also and have a site about adsense sex please feel free to check it out.

B2b said...

good site
http://www.b2b-guide.org/

Flights said...

nice site
http://www.flights1.net/

night vision said...

sweet site
http://www.nightvision.co.in/

Flooring said...

good site
http://www.flooring1.org/

viagra said...

Informative details on history of viagra confirm that the anti-impotency drug Viagra was actually developed by researchers with the purpose of curing angina but incidentally during clinical trails, the drug was found effective in treating erectile dysfunction in men. With clinical results demonstrating the powerful effects of Viagra in triggering off erections necessary for sexual intercourse,impotency afflicted worldwide opted for the medication and the viagra phenomenon also offered suitable assistance to them in countering erectile dysfunction. Slowly and gradually Viagra has developed a deepest level of relationship with men which has further led to an indelible association between viagra and sexuality. And right now viagra and erectile dysfunction related tidbits are popular throughout the world and erectile dysfunction afflicted men worldwide are administering Viagra under medical supervision.