Defense Tells Judge about Flawed AG Investigation – MJEOL Bullet #183 Attorneys for Michael Jackson blasted the investigation done by the Attorney General(AG) of California, Bill Lockyer as “flawed from the outset” In court documents released late yesterday (August 19), the defense says that prosecutors knew full well that Jackson wasn’t permitted to speak to representatives of the AG’s office regarding this matter.

They also say correctly that Jackson never made a formal complaint against the Santa Barbara Sheriff’s Department (SBSD). Much of the information is blacked out in the motion, but enough is there to confirm that the AG’s investigation really was completely one-sided.

From the defense’s Objection to Notice of Motion and Motion of Jim Anderson:

The prosecution knows that Mr. Jackson was not permitted to speak to representatives of the Attorney General’s office regarding this matter due to the on-going criminal case. Mr. Jackson’s counsel would not permit such an interview. As such, this purported investigation was flawed from the outset. (see Objection and Response to Notice of Motion and Motion of Jim Anderson [redacted])

Current sheriff Jim Anderson made public threats that he would file charges against Jackson if the AG investigation went in his favor, even though Jackson never filed a formal complaint against the SBSD. More of that “special treatment” again. The defense says:

Furthermore, Mr. Jackson never filed a formal complaint with any agency regarding this issue. Mr. Jackson made statements critical of the way he was treated prior to the Court’s imposition of a Protective Order. In response, the prosecution and its agents in the Santa Barbara Sheriff’s Department went on television and denied these allegations. They not only denied these allegations, but they also threatened further prosecution of Mr. Jackson for making a false report. pg2

The attorneys say the investigation was done by the prosecution and that both the district attorney’s office and the AG’s office are a part of the same branch of government. They call this investigation what it is:

This purported investigation was conducted by the prosecution—no one else. The office of the Attorney General Supervises and controls all District Attorneys Offices throughout California. Both organizations are part of the same branch of government… With Mr. Jackson unable to participate in the investigation, there is no conceivable way it could be deemed complete or accurate. pg2

Many have wondered just how accurate and complete an investigation could have been if the investigators didn’t so much as get a statement from the person who was supposed to be abused? An article by the AP dated August 15 2004 cites a section of the letter which states:

“Despite several attempts to obtain a statement from Mr. Jackson and/or names of potential witnesses through Mr. Jackson’s attorneys, these efforts were not successful,” he said (see AG Claims Jackson Was ‘Not Manhandled’ (Aug 15 2004)).

So, while the media spin may be that the AG “cleared” the police, it is a shallow conclusion—and far short of a vindication–to what was essentially a one-sided investigation. As reported in MJEOL Bullet #179: Police “cleared” in One-sided Investigation? Not So Fast, the report also makes statements like “His chiropractor said his shoulder was not dislocated and the pain he suffered, which likely was caused by being handcuffed, was treated successfully by physical therapy.” This makes no sense. First, how would there not have been “manhandling” if he needed physical therapy afterwards? Is it normal procedure for everyone who’s been handcuffed, and allegedly treated with “kid gloves”, to need physical therapy afterwards?? I don’t think so. Second and most importantly is that any chiropractor working with Jackson would have needed to get Jackson’s permission to discuss his treatment with anyone. And since, by their own admission, Jackson wasn’t cooperating—which means he would not be giving his permission to release information to the AG–this alleged chiropractor cited in the letter would be wide open for a multi-million dollar lawsuit at the least. That is, IF the info leaked to the press is correct and IF they actually talked to Jackson’s real chiropractor. Jackson attorney Tom Mesereau told the judge in court that the investigation was a “sham”. From an August 20 2004 Santa Barbara News-Press report:

“This investigation was a sham from the very beginning,” Mr. Mesereau said. “Mr. Jackson never filed a complaint or a lawsuit . . . he went on television and made a statement that was critical of his treatment.” Mr. Mesereau called the report propaganda and also accused the prosecution of leaking the report, which could undermine Mr. Jackson’s credibility. “They want the public to think that Mr. Jackson didn’t have bruises, and he did,” Mr. Mesereau said. “That he didn’t seek medical attention, and he did.” (see Jackson lawyer: State probe ‘a sham’ – SB News-Press)

So it looks as if there is much more to this story that we could learn in the future; about flawed and incomplete investigations, more information concerning Jackson’s medical treatment, and massive misconduct by prosecutors in the case. One of the people suing the district attorney’s office, including Tom Sneddon, made his prediction soon after he found out the attorney general’s office was going to investigate the police abuse. “They won’t come up with anything. There’s going to be a whitewash,” said Gary Dunlap in January 2004 after first hearing that an investigation was going to be done by the AG. Gary Dunlap, the attorney–who is currently suing Tom Sneddon, the district attorney’s office and a list of others in Federal court for $10M—says the AG may have come to his conclusions very early on in this “investigation”. Dunlap said back in January 2004 that he didn’t believe there would be an extensive investigation. He told a radio show:

These are law enforcement agencies that work hand in hand with one another on a regular basis–and unless if it’s an internal affairs investigation–if it’s in the nature of an internal affairs investigation then I think it may be on the up and up and it may be thorough. However, if it is just one of these review these procedures and tell us if you think anything was done wrong, then it won’t be. (see Gary Dunlap MJJF Interview )

Whitewash? Oh say is ain’t so! But it certainly looks like something questionable happened because it’s clearly not a full investigation. The defense also makes the revelation that they’ve been conducting their own investigation relating to various misconduct by prosecutors:

The defense, as can be expected, has been investigating various issues relating to prosecution dishonest, disrespect for the Court’s Protective Orders; misrepresentations to the Court about discovery; intimidation of witnesses and obstruction of justice; false statements to the Court; and related misbehavior. pg3

In open court, as reported by the Santa Barbara News-Press, Mesereau also said:

He said the defense could “leak the results of our own investigation and what we have found about witness intimidation, obstruction of justice and so forth.”

Looks like Jackson’s team have been busy conducting their own investigations as well. One has to wonder what defense attorneys have found out about the antics prosecutors have been involved in surrounding this case. Stay tuned. -MJEOL

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