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False Imprisonment: The Michael Jackson Case

Jackson Faces Conspiracy Charges in California Trial

By , About.com Guide

Pop singer Michael Jackson is facing a trial in California on several charges relating to incidents that allegedly occurred at his Neverland Ranch. Those charges include committing a lewd act upon a child, administering an intoxicating agent and conspiring to commit child abduction, false imprisonment and extortion.

In a hearing July 27, 2004, in which Jackson's attorneys requested a delay in the trial until January 2005, Deputy District Attorney Gordon Auchincloss disclosed for the first time publicly the prosecution's basic theory of its case against Jackson.

Auchincloss told the court "Jackson enticed a young boy into thinking that the singer was 'the coolest guy in the world,' then imprisoned him and his family at his Neverland Ranch and forced them to make a video absolving him of molestation claims."

Auchincloss said Jackson panicked after a television interview threatened to destroy his career by linking him to an obsession with young boys. "The fact that Mr. Jackson rationalized this behavior on national television was his downfall," Auchincloss said. "It represented the complete and utter ruin of his empire. ... It made him an international object of loathing and scorn."

"The person Jackson perceived could put out this (public relations) fire was John Doe and his family," Auchincloss said, referring to the alleged victim. "If he could get them on tape describing Mr. Jackson as a wonderful person, it would quell this fire."

"He had his private plane land in the middle of the night in Santa Barbara, and take John Doe and his family to Neverland," the prosecutor said. "At Neverland, there are late nights, no homework. Do what you want, eat what you want, stay out late – no rules. It's a world of self-indulgence. Ultimately, it gets John Doe to sleep in the bed of Michael Jackson."

What Is False Imprisonment?

Under the California Penal Code false imprisonment is the "unlawful violation of the personal liberty of another." That is the entire definition. The law does not specify how a victim's liberty must be violated in order for it to be a crime, just that the victim's liberty is somehow denied.

The code also says, "false imprisonment is punishable by a fine not exceeding $1,000, or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. If the false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment in the state prison."

Apparently, it is the prosecution's theory that Jackson deprived the victim's liberty by deceit, using his wealth and influence to keep the boy and his family under his control.

During the July 27 hearing, defense attorney Thomas Mesereau Jr. told the court, "The idea that they were imprisoned and forced to fly on private jets to Florida, to socialize with celebrities such as Chris Tucker is absurd on its face. It would be laughed out of court by a jury."

Jackson is free on $3 million bail and was scheduled to stand trial Sept. 13, 2004. The judge granted the defense request for a delay until January 2005.

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