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 wasnt permitted to speak to representatives of the AGs office regarding this matter.
They also say correctly that Jackson never made a formal complaint against the Santa Barbara Sheriffs Department (SBSD). Much of the information is blacked out in the motion, but enough is there to confirm that the AGs investigation really was completely one-sided.
From the defenses 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 Generals office regarding this matter due to the on-going criminal case. Mr. Jacksons 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 Courts imposition of a Protective Order. In response, the prosecution and its agents in the Santa Barbara Sheriffs 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 attorneys office and the AGs 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 didnt 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 conclusionand 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 whos been handcuffed, and allegedly treated with kid gloves, to need physical therapy afterwards?? I dont think so. Second and most importantly is that any chiropractor working with Jackson would have needed to get Jacksons permission to discuss his treatment with anyone. And since, by their own admission, Jackson wasnt cooperatingwhich 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 Jacksons 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 Jacksons medical treatment, and massive misconduct by prosecutors in the case. One of the people suing the district attorneys office, including Tom Sneddon, made his prediction soon after he found out the attorney generals office was going to investigate the police abuse. They wont come up with anything. Theres 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 attorneys office and a list of others in Federal court for $10Msays the AG may have come to his conclusions very early on in this investigation. Dunlap said back in January 2004 that he didnt 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 its an internal affairs investigation–if its 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 wont be. (see Gary Dunlap MJJF Interview )
Whitewash? Oh say is aint so! But it certainly looks like something questionable happened because its clearly not a full investigation. The defense also makes the revelation that theyve 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 Courts 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 Jacksons 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