Prosecution rests case against Michael Jackson

The only dramatic flourish – a routine motion for acquittal – came from the defence. Otherwise, the end of the prosecution's nearly 10-week case against Michael Jackson was strictly no-frills.

Prosecution rests case against Michael Jackson

The only dramatic flourish – a routine motion for acquittal – came from the defence. Otherwise, the end of the prosecution's nearly 10-week case against Michael Jackson was strictly no-frills.

The final day of testimony illustrated the low-key, methodical way that District Attorney Tom Sneddon and his team have presented witnesses and evidence to prove the pop star molested a 13-year-old boy.

After his final witness left the stand on Wednesday, for example, Sneddon advised Judge Rodney S. Melville he would need to introduce several items into evidence before the prosecution could formally rest.

Melville responded the prosecution could reopen its case depending on whether he decided to admit the items.

The judge informed Jackson attorney Thomas Mesereau Jr he would hear the acquittal motion first thing today. In most trials, the defence typically files a motion asking for an acquittal on grounds prosecutors haven’t proved their case. The motions are rarely granted.

Prosecutors’ anti-climactic finish capped a case that has included more than 80 witnesses – often mesmerising – but also long days of dry testimony about phone records, how the search of Jackson's Neverland ranch was conducted and how fingerprints are taken.

“It’s not the smoothest, most polished finish for the jury, but it’s not atypical,” said Laurie Levenson, a professor at Loyola Law School. “They’re treating this like any other case and the rest of the world isn't. You’d like to end with a big finish, but maybe they didn’t have a big finish.”

Prosecutors set out to prove that in 2003 Jackson fondled his accuser – a cancer survivor. It is alleged he plied him with alcohol, and arranged to detain him and his family so they would rebut a damaging documentary about the singer.

“Living With Michael Jackson” pictured the boy side-by-side with Jackson, who said he let children sleep in his bed but dismissed the notion the practice had any sexual meaning.

Jackson is accused of molesting the boy at least 14 days after the programme aired in the US, as he and associates allegedly panicked over its implications.

Some of the prosecution’s own witnesses wound up benefiting the defence, including Jackson’s ex-wife Deborah Rowe, who cast him as a victim and praised his parenting skills.

The final witness, Rudy Provencio, told the jury about hearing a phone discussion in which the singer's associates talked with Jackson about the response to a damaging documentary about him.

But the witness, who used to work for a Jackson associate, did not tie Jackson to the heart of the alleged conspiracy, quoting the singer only as saying such things as that he didn’t want to hold a press conference.

Provencio then came under withering cross-examination by Mesereau. Provencio acknowledged that two weeks ago he was given a copy of an interview he gave to law enforcement long ago, and when asked to check it for accuracy, wrote in changes to implicate Jackson in the alleged conspiracy.

The defence request for acquittal focused mostly on the conspiracy charge, seizing on two recent elements of the prosecution’s case: a display of calls from Jackson associates’ phones that could not be linked to Jackson directly, and testimony from Rowe that he was the victim of “opportunistic vultures” in his inner circle.

“The prosecution’s phone records evidence, if anything, proved the lack of substantial evidence tying Mr Jackson to the alleged conspiracy,” the motion said.

“Debbie Rowe’s testimony demonstrated that the people around Mr. Jackson were, if anything, conspiring against him.”

During his testimony, Arvizo told jurors how he met Jackson while being treated for cancer and thought the singer was “the coolest guy in the world”.

He also said he was shown adult websites during his first visit to Neverland.

The boy recalled being whisked about in limousines and a private jet, being hosted by Jackson at a Florida resort and appearing in a rebuttal video with his family. He and his siblings also claimed Jackson gave them wine.

During cross-examination, the accuser became combative and admitted having been a troublemaker at school. He also said he protested leaving Neverland at the end because “I was having fun”.

Janet Arvizo, the boy’s mother, testified about the conspiracy allegations, saying she was coached to do a rebuttal video and was held against her will by Jackson henchmen who spoke of “killers” pursuing her. She also said they once suggested she and her family would disappear in a hot air balloon and planned to send them on a one-way trip to Brazil.

Sneddon won key rulings from the judge, including one that let him all but try a 1993 case that never made it to court because Jackson and the accuser reached a multimillion-pound financial settlement.

Under a California law specific to molestation cases that permits claims of past activities to show a pattern of behaviour, witness after witness told of seeing Jackson touching boys inappropriately more than a decade ago. One man testified that Jackson molested him three times during tickling games between 1987 and 1990.

On cross-examination, however, Mesereau showed that several witnesses had been paid for their stories by tabloids or had lost a lawsuit to Jackson.

Jackson denies all the charges.

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