Our judicial system is a delicate balancing act between the rights of the defendant (with an eye toward protecting the innocent accused), the victim (justice), and society as a whole (sequestering and/or rehabilitating the dangerous, letting it be known that breaking the law is unacceptable).
The media takes it upon itself — many feel with an eye primarily toward its own interest — to defend the public's "right to know," and in the case of the Michael Jackson child molestation and conspiracy trial, the original judge, an appeals court, and now the California Supreme Court have ruled that Jackson's right to a fair trial — he was acquitted on all counts — superceded the public's "right to know."
Original trial judge Rodney S. Melville closed court proceedings to cameras, and sealed dozens of records including details of the indictment and the grand jury transcripts, which he said could have prejudiced the jury pool. The 2nd District Court of Appeal ruled in April that Melville had been justified in sealing the records, and last week the California Supreme Court denied a request by news organizations to "depublish" the ruling, meaning it will remain on the legal books and can be used as a precedent on the issue of sealing documents in other cases.
"It is a very dangerous precedent because it gives the court an opportunity to close out the public from critical information during a high-publicity trial," Loyola Law School professor Laurie Levenson told the AP. "This formalizes the celebrity exception to the First Amendment."
"The argument that the Jackson lawyers made for secrecy was that this was a special case," said Theodore Boutrous Jr., who argued the case on behalf of the news media. "It should have extraordinarily limited application, but there is the danger it will be applied to other cases."
On the other hand, County Counsel Stephen Shane Stark said, "The media's insatiable quest for stories that showcase criminal behavior illustrates why this decision is significant and should remain published. While admittedly a Michael Jackson case does not happen very frequently, the media presents for public consumption a new crime story seemingly every day."
This strikes me as an odd statement: should the media NOT "present for public consumption a new crime story seemingly every day" if in fact those stories are news?
In walking the fine line between competing rights, the California judicial system in this case has sided with those of the defendant, especially a celebrity defendant, and most especially of all when the charges are as emotionally incendiary as child molestation, against the public's right to closely observe a system sanctioned in its name.
Article comments
— go to most recent comments1 - Dennis
If this trial had been of an ordinary man/woman in the street, all the gory details would have been published in the press and media.
Why should Jackson have been treated any differently ?
2 - Nick
How about that : Because he is not an ordinary man. Mr Jackson is extra-ordinary.
3 - BH
Why don't you just leave the man alone.
4 - Nick
Because his name makes money !
5 - Eric Olsen
this story is about the media and the law - Jacko is only incidentally involved. Are any of us a bit overly sensitive?
6 - Mihos
Im not going to pretend for a moment that there isnt a lame dichotomy in there to lick. Problem with licking that sort of dich'otomy leads to one's tongue being frozen to said Dich.
The Judge in the trial was documented having a real issue with both sides of the case. The prosecution brought a really lame case to the people. It was a ridiculous story and should never have been brought to court to begin with.
Should Jackson's health records and
financial records be kept private?
Should the prosecution be taken to court for illegally leaking the testimony of both accusers?
Where is that story Eric?
Why don't you open a can of worms on the tactics and collusion of the DA office with grifters for hire, tabloid whores, smking gun and court tv?
I think the Judge had a good long look at this whole case and wondered how to insure that Jackson survives the trial as his health wasnt so hot to begin with. Ever wonder what the Doctor had to tell the Judge about Jackson's "back" problem?
Ever wonder why no one cared particularly? THe news organizations that want the goods to make more money have plenty of story to write. They can be off writing the story about how Jackson's credit card receipts show that Janet A. bought specific smut and boys underwear which ended up in areas rarely visited by the apparition or his house keeper.
Funny how the accuser knew exactly where
the smut was located in the house- in Paris's bathroom, under the stairs in a special box mrked XXX.
COme on folks, this was a set up straight and stupid. Walk back through it starting wth Chris Tucker's recollection of the events and read on up to the first massive evidence sifting
seige of NEverland.
7 - Dennis
I am sick and tired of people defending Jackson, how sick are they?
Don't forget that on at least two occasions he paid out millions of dollars to silence the boys involved, no-one would do that if they did not have a guilty conscience and something to hide.
He was guilty as hell but somehow managed to wriggle out of all the charges, I was dumbstruck when I heard the verdicts .
Now he has bought a multi million dollar estate in Dubai presumably because he is too ashamed to show his face in the USA and this despite reportedly being near bankruptcy.
Also I understand he has signed a two million dollar deal with a leading magazine to "tell all", how amusing, he will only tell them what he wants them to hear to make his case look good, I wouldn't believe a word of what he says.
There is also the upcoming case of the twenty four year old who alleges he was sexually assaulted in Jackson's limo when he was eighteen, not everybody is lying !!
8 - Eric Olsen
I find the whole Dubai retreat hilarious: maybe they'll change the name of the country
9 - Mark Harrington
Whats hilarous about the 'whole Dubai story' other than there isn't one? He is in Bahrain, not Dubai.
Get your facts right before posting your facist bullshit.
10 - Eric Olsen
ah yes Bahrain, I thought something about "Dubai" sounded wrong.
And yes, clearly this make me a fascist
11 - Dennis
I apologise for getting Jackson's whereabouts wrong, yes he is in Bahrain.
However I couldn't care less where he is as long as he's not in my country,
Look out all you boys in Bahrain !!!
12 - Eric Olsen
no problem Dennis, I didn't catch it, but then I am awash with fascist bullshit
13 - Mark Harrington
I'm glad you agree!
14 - Nick
Not guilty on all counts ! I am sure all the stupid american folks who bet money on him being convicted must hate him more than ever now !
Something tells me that this dear Dennis must be one of them :-)
15 - Dennis
Dear Nick
I do not live in America and I did not bet money on the verdict but my sentiments re Jackson still stand and always will, if the jurors had only voted in accordance with their true feelings I am sure he would have been found guilty on at least some of the charges, but as is now coming out, some jurors wanted to find him guilty but were pressurised into acquitting him by the jury foreman.
I hope you will not mind me saying that people like yourself who will not hear a word said against him have been described as "brainless morons" and perhaps you are one of them ?
16 - Eric Olsen
there is always "pressure" of one kind or another, though - that's part of the deliberation process
17 - Joe
My oh my ... some people never accept the turht, you people are too funny saying MJ is guilty, he was found not guilty on all counts, and guess what ? the woman who accused him was charged with fraud yesterday, 5 counts. that woman has a great criminal history.
Michael is targeted by so many people because of his wealth.
The man worth billions, he's a genius, and it's too stupid to talk assuming you know him.
if you don't know him, keep your words to yourself, if he's IN Dubai, and he is ... Then be it,some one hosted him, and they have the right, he has the right to go whereever he wants to and stay where ever he wants too.
None of you knows him personaly, so don't judge his person.
what you all kno is that he's the biggest selling artist ever, with the biggest hits albums, singles, videos, songs etc ...
He's got fans from all around the world, including Dubai, so if stop asuming you know his person and being so sure of his guilty, don't judge people untill you know them!
in The USA facts are always twisted, they convict us the Arab and Islam with stupid things, is it true ?
MJ isn't ashamed of showing his face, he's simplyu tired of people trying to blackmail him and make money off of his name and wealth.
18 - monkeyman
dubai is a land where the paedophile establihemnt allowe child jockeys to die at a higher rate then athe british army in iraq, jacksobn should notr go there, as it will harm his reputation
19 - TAT
I'm not surprised to hear that Michael Jackson never wants to return the America. Everyone who says he is guilty is ignorant. No one should judge Michael Jackson as if he is an ordinary man because he simply isn't. Those claiming he was guilty do it with such laughable passion as if they were there and saw it all happen.
Imagine living a life as famous as his where you can't do anything without people going crazy hyperventilating at the very sight of you. He didn't grow up as a regular person because he wasn't allowed to. The American public never let him live an ordinary life. I also believe Michael Jackson has asperger's syndrome (for those not familiar with it)
Hopefully in Bahrain he will be able to recover from the hell he went through in the states and will be able to live somewhat of a private life. I heard he converted to Islam and I commend him. For all he has given the world... its shameful how everyone has re-paid him. Hopefully the Arabs will show him how hospitable and generous they are. I believe he will be protected and respected as a human being.
The moron at the Ibn Battuta Mall should be ashamed of herself. People should leave him to live his life in peace.
For all the haters... try to imagine for one minute that he has aspergers syndrome and has accidently put himself in the position to be misjudged because he can't comprehend societal norms. Imagine he is innocent and imagine how awful it must have felt for people to passionately accuse him for being a dirty pedofile when he is in fact a very pure human being... Aspergers is a serious disorder. The American people should be more educated about it. If you look up famous people with Aspergers syndrome' on google then you will see all the brilliant people who had this problem. It's incredible! Its the ordinary ignorant people who accuse him because they don't have the wisdom to see past what they view as norms. Open your minds and read up about aspergers.
20 - TAT
Dubai is the most facinating and exciting city on the planet right now. Those who don't think so... just wait! Also.. the comment insulting their government above is stupid. I never saw a government who cared more about their people than this country. Everything from education to healthcare is paid for them by their government. There are no beggars in that country because everyone is so charitable. They should serve as a model for the rest of the world.
21 - HKE
I completely agree with TAT. Since Michael's death, I have thought about his eccentricities through the years. My husband has Asperger's Syndrome, and a lot of his behaviors I understand because my husband suffers from
AS. Poor Michael...
22 - maria tomkin
I totally believe that poor Michael had aspergers ssyndrome. My son has it and sometimes he shows a total lack of understanding about what is seen as acceptable in society and unable to see things from other people's perspective. I do believe that Michael was innocent of all charges and has been exploited for financial gain by everyone of those parents, doctors and business people who used his trusting nature and vulnerability against him. The fact that he was so compassionate and did not want to see any child suffer has been twisted by cynical and vitriolic people and an ignorent public. Let this be a lesson learnt that we should try to understand people and not judge what we do not know until we see the whole picture. I would hate for my beautiful caring son to endure what Michael suffered all these years through ignorance.
God Bless you Michael and thanks for all the memories. X
23 - Karla
I wholeheartedly believe that Michael Jackson had Aspergers Syndrome. I am a nineteen year old girl and have it myself. Many of the eccentricities and misunderstood behavior Michael had is very similar to my own. Here are some things that I relate too. I will be stuck in childhood my whole life. I cannot relate to anyone my own age. I feel most comfortable around children and they’re the only one’s who understand me and don’t judge me. I am extremely naïve when it comes to sexuality. I cannot tell when someone likes me and still don’t know how to attract a guy. I have sexual feelings I just don’t know how to express them. I’m also afraid of sexual contact and embarrass easily. I think Michael may have been the same way because of what he said in interviews. In the notorious Marin Bashir documentary Michael talks about his first relationship. He was 16 and his girlfriend was 14 at the time. His girlfriend calls him up and tells him to come over to her place. He says he knew something was up by the tone of her voice but he totally wasn’t expecting for her to want to have sex. He said he was extremely embarrassed when she tried to unbutton his shirt and wouldn’t even look. He covered his face with his hands. The girl got the message that he was not ready. To someone with Aspergers sex can seem scary and embarrassing even if they would like to have it someday. Even basic hugging and kissing is like this too. I think that’s why his relationships never lasted, even with his wife. Brooke Shields who dated him for awhile said she came to the conclusion that he’s probably asexual. It’s possible, but I think he was attracted to women but did not know how to take it past a friendship level. Lisa Marie Presley said he was more interested in other things. Often to people with Aspergers including myself we find other forms of activity much more enjoyable. In the Bashir documentary Michael is seen climbing a tree (I still do this too! I sit up in a tree in my front yard and read.) and says he likes to write music in it. Bashir thinks this is very strange and asks him if he thinks it’s appropriate for his age. He then asks Michael what his favorite things to do are. He enthusiastically responds climbing trees and water balloon fights. Bashir is shocked and says don’t you enjoy cars or sex more. From Michael’s expression it’s obvious it didn’t even cross his mind. I too still find these innocent activities still fun. Unlike Michael though, I have learned to keep it a secret because people don’t always understand such things. I think Michael like me finds that being childlike is the part of us we like most about ourselves. Childhood is a magical period on life and losing it would be like dying. This is also important for artistic and creative endeavors. I think Michael saw the adult world as I see it. The adult world is corrupt and full of unspeakable evils. Most adults have lost their imagination and passion for life. We can’t understand why adults don’t enjoy fun and games anymore. All the magic and mystery of the world is gone for adults. I know for me this makes me feel isolated from society. When I look at the world I see beauty and wonder. If I see a flower I will smell it and be in awe of its beauty. I still notice the clouds and what forms they can take. If I see a firefly my eyes light up with its magic. I never get used to things. It’s like a new experience every time. It’s sad to see people not take notice of their surroundings and give thanks. I watched a very cute interview with Michael in it. He was at his Nederland at night sitting by a fountain. Its night time and no one is interviewing him. The camera is rolling and he is able to say whatever comes to his mind. He talks about the stars and the fireflies and how the night is filled with such magic. He pretends to fly like peter pan. He talks about how children, animals, and nature inspire him. He was being very open and honest. I’d never seen him look so happy and cute.
Now to the part that breaks my heart. I do not and will not believe for one minute that he ever acted inappropriate with or around children. I have spent long hours digging up information from the trial. I made sure to make myself stand back so that I don’t have a biased view. I still found nothing to convince me he did such unspeakable things. I’m not going to list the facts of what I found because people should research it themselves. I do recommend though a very, very little known DVD called Michael Jackson: The Untold Story of Neverland. You will get to see the accuser making his accusations from his trial videos and get to see and learn a ton of other facts that have never got media coverage. Watch it and make up your mind for yourself. He loved and adored children and gave more money to charities than any other celebrity in history. Unfortunately he was too nice and naïve for his own good because of Aspergers. I believe he got taken advantage of not once but twice and in many other areas of his life too. I too get taken advantage of and almost always don’t see it coming because I only see the good in people.
As for his physical transformation, I can kind of relate to that too. Often people with Aspergers suffer from OCD spectrum disorders and perfectionism. These include eating disorders, body dysmorphic disorder, tourettes syndrome, tricatillamania( hair pulling) and of course just the most common definition of the word. It has taken an immense toll on my own life and health and can relate very much to Michael. Since I was 14 I have suffered from anorexia, regular OCD, and body dysmorphic disorder. I have never been comfortable with my body since puberty. I want my childhood body back so badly. I tried to stay underweight so I wouldn’t develop. It has hurt me in the long run. I think Michael had an eating disorder too from the information I have gathered. It’s obvious to everyone he had body dysmorphic disorder, which is when you focus excessively on your physical features in a negative way. I feel very lucky I have over come this mostly because if I would’ve had the money at the time I was suffering from it I would’ve had so many things with plastic surgery. I still want to be perfect sometimes. Unfortunately for Michael he did have the money and he was and adult so no one could stop him. It’s a serious disorder and it’s hard to understand if you don’t suffer from it.
I know some people are going to be thinking he can’t have Aspergers because he’s an entertainer and is around tons of fans. Everyone with Aspergers is different and can tolerate different things. In people with Aspergers they are able to do anything they want to do as long as it is there special interest. Singing and Dancing were his special interest, his obsession, his passion. He lived for it and consequently was able to overcome many barriers because it was what he loved. Off stage he was like a different person. He was very shy and introverted. Almost like a whole different person. This confuses many people. I think what people need to know is that when a person with Aspergers is doing the thing they love most they are not shy anymore because that is where they come alive!
So sorry for this being way too long. I got a bit carried away. I just want people to be open to the idea that he may have suffered from Aspergers. I mean look at all his brothers and sisters. They aren’t like him at all. Michael definitely had something going on and it made him unique. He is an inspiration too me. He stayed true to himself for his entire life. One last note. I think if Michael had been a girl with Aspergers he would have had an easier time in life. It’s more acceptable in society for girls to be seen as naïve and innocent, to dress flamboyantly, and hang around children and animals. I bet if Michael was a girl his eccentricities wouldn’t be nearly as magnified. I say this because I know it to be true as I am a girl with Aspergers. I love Michael to the core and it would be a blessing if people got to view Michael as I do.
I love you Michael. Rest in Peace, you deserve it.
24 - Leo
Karla, I want to say thank for sharing. For showing from a female perspective why we enjoy children. For the spark and the joy and the way they see the world.I think you may like a poem I wrote before I knew of AS. Your talk of the clouds and flowers made me think of it.
I hope u like it and thanks again.
25 - adri
Karla thank you for verbalizing what I suspected to be true about AS and Michael. There is a youtube video someone posted of Michael watching his THIS IS IT dancers rehearsing 2 or 3 days before his death - and in it he "pops" his mouth a couple of times and it is very similar to what someone with AS might do your voice should be heard thank you again.