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Was Michael Jackson Framed?
The Untold Story By Mary A. Fisher GQ,
October 1994
The untold story of the events that brought down a
superstar. Before O.J. Simpson, there was Michael Jackson -- another beloved
black celebrity seemingly brought down by allegations of scandal in
his personal life. Those allegations -- that Jackson had molested
a 13-year-old boy -- instigated a multimillion-dollar lawsuit,
two grand-jury investigations and a shameless media circus. Jackson,
in turn, filed charges of extortion against some of his
accusers. Ultimately, the suit was settled out of court for a sum that has
been estimated at $20 million; no criminal charges were brought
against Jackson by the police or the grand juries. This past August,
Jackson was in the news again, when Lisa Marie Presley, Elvis's
daughter, announced that she and the singer had married.
As the dust
settles on one of the nation's worst episodes of media excess, one thing is
clear: The American public has never heard a defense of Michael Jackson.
Until now.
It is, of course, impossible to prove a negative -- that is,
prove that something didn't happen. But it is possible to take an
in-depth look at the people who made the allegations against Jackson and
thus gain insight into their character and motives. What emerges from
such an examination, based on court documents, business records and
scores of interviews, is a persuasive argument that Jackson molested no
one and that he himself may have been the victim of a well-conceived
plan to extract money from him.
More than that, the story that arises
from this previously unexplored territory is radically different from the
tale that has been promoted by tabloid and even mainstream journalists. It is
a story of greed, ambition, misconceptions on the part of police and
prosecutors, a lazy and sensation-seeking media and the use of a powerful,
hypnotic drug. It may also be a story about how a case was simply
invented.
Neither Michael Jackson nor his current defense attorneys
agreed to be interviewed for this article. Had they decided to fight the
civil charges and go to trial, what follows might have served as the core
of Jackson's defense -- as well as the basis to further the
extortion charges against his own accusers, which could well have exonerated
the singer.
Jackson's troubles began when his van broke down on
Wilshire Boulevard in Los Angeles in May 1992. Stranded in the middle of the
heavily trafficked street, Jackson was spotted by the wife of Mel Green,
an employee at Rent-a-Wreck, an offbeat car-rental agency a mile
away. Green went to the rescue. When Dave Schwartz, the owner of
the car-rental company, heard Green was bringing Jackson to the lot,
he called his wife, June, and told her to come over with their
6-year-old daughter and her son from her previous marriage. The boy, then 12,
was a big Jackson fan. Upon arriving, June Chandler Schwartz told
Jackson about the time her son had sent him a drawing after the singer's
hair caught on fire during the filming of a Pepsi commercial. Then she
gave Jackson their home number.
"It was almost like she was forcing
[the boy] on him," Green recalls. "I think Michael thought he owed the boy
something, and that's when it all started."
Certain facts about the
relationship are not in dispute. Jackson began calling the boy, and a
friendship developed. After Jackson returned from a promotional tour, three
months later, June Chandler Schwartz and her son and daughter became regular
guests at Neverland, Jackson's ranch in Santa Barbara County. During the
following year, Jackson showered the boy and his family with attention and
gifts, including video games, watches, an after-hours shopping spree at Toys
"R" Us and trips around the world -- from Las Vegas and Disney World to
Monaco and Paris.
By March 1993, Jackson and the boy were together
frequently and the sleepovers began. June Chandler Schwartz had also become
close to Jackson "and liked him enormously," one friend says. "He was
the kindest man she had ever met."
Jackson's personal eccentricities
-- from his attempts to remake his face through plastic surgery to his
preference for the company of children -- have been widely reported. And
while it may be unusual for a 35-year-old man to have sleepovers with a
13-year-old child, the boy's mother and others close to Jackson never thought
it odd. Jackson's behavior is better understood once it's put in the
context of his own childhood.
"Contrary to what you might think,
Michael's life hasn't been a walk in the park," one of his attorneys says.
Jackson's childhood essentially stopped -- and his unorthodox life began --
when he was 5 years old and living in Gary, Indiana. Michael spent his youth
in rehearsal studios, on stages performing before millions of
strangers and sleeping in an endless string of hotel rooms. Except for his
eight brothers and sisters, Jackson was surrounded by adults who pushed
him relentlessly, particularly his father, Joe Jackson -- a
strict, unaffectionate man who reportedly beat his children.
Jackson's
early experiences translated into a kind of arrested development, many say,
and he became a child in a man's body. "He never had a childhood," says Bert
Fields, a former attorney of Jackson's. "He is having one now. His buddies
are 12-year-old kids. They have pillow fights and food fights." Jackson's
interest in children also translated into humanitarian efforts. Over the
years, he has given millions to causes benefiting children, including his
own Heal The World Foundation.
But there is another context -- the one
having to do with the times in which we live -- in which most observers would
evaluate Jackson's behavior. "Given the current confusion and hysteria over
child sexual abuse," says Dr. Phillip Resnick, a noted Cleveland
psychiatrist, "any physical or nurturing contact with a child may be seen as
suspicious, and the adult could well be accused of sexual
misconduct."
Jackson's involvement with the boy was welcomed, at first,
by all the adults in the youth's life -- his mother, his stepfather and even
his biological father, Evan Chandler (who also declined to be
interviewed for this article). Born Evan Robert Charmatz in the Bronx in
1944, Chandler had reluctantly followed in the footsteps of his father
and brothers and become a dentist. "He hated being a dentist," a
family friend says. "He always wanted to be a writer." After moving in
1973 to West Palm Beach to practice dentistry, he changed his last
name, believing Charmatz was "too Jewish-sounding," says a former
colleague. Hoping somehow to become a screenwriter, Chandler moved to Los
Angeles in the late Seventies with his wife, June Wong, an attractive
Eurasian who had worked briefly as a model.
Chandler's dental career
had its precarious moments. In December 1978, while working at the Crenshaw
Family Dental Center, a clinic in a low-income area of L.A., Chandler did
restoration work on sixteen of a patient's teeth during a single visit. An
examination of the work, the Board of Dental Examiners concluded, revealed
"gross ignorance and/or inefficiency" in his profession. The board revoked
his license; however, the revocation was stayed, and the board instead
suspended him for ninety days and placed him on probation for two and a
half years. Devastated, Chandler left town for New York. He wrote a
film script but couldn't sell it.
Months later, Chandler returned to
L.A. with his wife and held a series of dentistry jobs. By 1980, when their
son was born, the couple's marriage was in trouble. "One of the reasons June
left Evan was because of his temper," a family friend says. They divorced
in 1985. The court awarded sole custody of the boy to his mother
and ordered Chandler to pay $500 a month in child support, but a review
of documents reveals that in 1993, when the Jackson scandal
broke, Chandler owed his ex-wife $68,000 -- a debt she ultimately
forgave.
A year before Jackson came into his son's life, Chandler had a
second serious professional problem. One of his patients, a model, sued
him for dental negligence after he did restoration work on some of
her teeth. Chandler claimed that the woman had signed a consent form
in which she'd acknowledged the risks involved. But when Edwin Zinman, her
attorney, asked to see the original records, Chandler said they had been
stolen from the trunk of his Jaguar. He provided a duplicate set. Zinman,
suspicious, was unable to verify the authenticity of the records. "What an
extraordinary coincidence that they were stolen," Zinman says now. "That's
like saying 'The dog ate my homework.' " The suit was eventually settled out
of court for an undisclosed sum.
Despite such setbacks, Chandler by then
had a successful practice in Beverly Hills. And he got his first break in
Hollywood in 1992, when he cowrote the Mel Brooks film Robin Hood: Men in
Tights. Until Michael Jackson entered his son's life, Chandler hadn't shown
all that much interest in the boy. "He kept promising to buy him a computer
so they could work on scripts together, but he never did," says
Michael Freeman, formerly an attorney for June Chandler Schwartz.
Chandler's dental practice kept him busy, and he had started a new family
by then, with two small children by his second wife, a
corporate attorney.
At first, Chandler welcomed and encouraged his
son's relationship with Michael Jackson, bragging about it to friends and
associates. When Jackson and the boy stayed with Chandler during May 1993,
Chandler urged the entertainer to spend more time with his son at his
house. According to sources, Chandler even suggested that Jackson build
an addition onto the house so the singer could stay there. After
calling the zoning department and discovering it couldn't be done,
Chandler made another suggestion -- that Jackson just build him a new
home.
That same month, the boy, his mother and Jackson flew to Monaco
for the World Music Awards. "Evan began to get jealous of the
involvement and felt left out," Freeman says. Upon their return, Jackson and
the boy again stayed with Chandler, which pleased him -- a five-day
visit, during which they slept in a room with the youth's half
brother. Though Chandler has admitted that Jackson and the boy always had
their clothes on whenever he saw them in bed together, he claimed that
it was during this time that his suspicions of sexual misconduct
were triggered. At no time has Chandler claimed to have witnessed
any sexual misconduct on Jackson's part.
Chandler became increasingly
volatile, making threats that alienated Jackson, Dave Schwartz and June
Chandler Schwartz. In early July 1993, Dave Schwartz, who had been friendly
with Chandler, secretly tape-recorded a lengthy telephone conversation he had
with him. During the conversation, Chandler talked of his concern for his son
and his anger at Jackson and at his ex-wife, whom he described as "cold
and heartless." When Chandler tried to "get her attention" to discuss
his suspicions about Jackson, he says on the tape, she told him "Go
fuck yourself."
"I had a good communication with Michael," Chandler
told Schwartz. "We were friends. I liked him and I respected him and
everything else for what he is. There was no reason why he had to stop
calling me. I sat in the room one day and talked to Michael and told him
exactly what I want out of this whole relationship. What I
want."
Admitting to Schwartz that he had "been rehearsed" about what to
say and what not to say, Chandler never mentioned money during
their conversation. When Schwartz asked what Jackson had done that
made Chandler so upset, Chandler alleged only that "he broke up the
family. [The boy] has been seduced by this guy's power and money." Both
men repeatedly berated themselves as poor fathers to the
boy.
Elsewhere on the tape, Chandler indicated he was prepared to
move against Jackson: "It's already set," Chandler told Schwartz.
"There are other people involved that are waiting for my phone call that
are in certain positions. I've paid them to do it. Everything's
going according to a certain plan that isn't just mine. Once I make
that phone call, this guy [his attorney, Barry K. Rothman, presumably]
is going to destroy everybody in sight in any devious, nasty, cruel
way that he can do it. And I've given him full authority to do
that."
Chandler then predicted what would, in fact, transpire six
weeks later: "And if I go through with this, I win big-time. There's no
way I lose. I've checked that inside out. I will get everything I
want, and they will be destroyed forever. June will lose [custody of
the son]...and Michael's career will be over."
"Does that help [the
boy]?" Schwartz asked.
"That's irrelevant to me," Chandler replied.
"It's going to be bigger than all of us put together. The whole thing is
going to crash down on everybody and destroy everybody in sight. It will be a
massacre if I don't get what I want."
Instead of going to the police,
seemingly the most appropriate action in a situation involving suspected
child molestation, Chandler had turned to a lawyer. And not just any lawyer.
He'd turned to Barry Rothman.
"This attorney I found, I picked the
nastiest son of a bitch I could find," Chandler said in the recorded
conversation with Schwartz. "All he wants to do is get this out in the public
as fast as he can, as big as he can, and humiliate as many people as he can.
He's nasty, he's mean, he's very smart, and he's hungry for the publicity."
(Through his attorney, Wylie Aitken, Rothman declined to be interviewed
for this article. Aitken agreed to answer general questions limited to
the Jackson case, and then only about aspects that did not
involve Chandler or the boy.)
To know Rothman, says a former colleague
who worked with him during the Jackson case, and who kept a diary of what
Rothman and Chandler said and did in Rothman's office, is to believe that
Barry could have "devised this whole plan, period. This [making allegations
against Michael Jackson] is within the boundary of his character, to
do something like this." Information supplied by Rothman's former clients,
associates and employees reveals a pattern of manipulation and
deceit.
Rothman has a general-law practice in Century City. At one time,
he negotiated music and concert deals for Little Richard, the
Rolling Stones, the Who, ELO and Ozzy Osbourne. Gold and platinum
records commemorating those days still hang on the walls of his office.
With his grayish-white beard and perpetual tan -- which he maintains in
a tanning bed at his house -- Rothman reminds a former client of
"a leprechaun." To a former employee, Rothman is "a demon" with
"a terrible temper." His most cherished possession, acquaintances say,
is his 1977 Rolls-Royce Corniche, which carries the license plate
"BKR1."
Over the years, Rothman has made so many enemies that his
ex-wife once expressed, to her attorney, surprise that someone "hadn't done
him in." He has a reputation for stiffing people. "He appears to be
a professional deadbeat... He pays almost no one," investigator Ed Marcus
concluded (in a report filed in Los Angeles Superior Court, as part of a
lawsuit against Rothman), after reviewing the attorney's credit profile,
which listed more than thirty creditors and judgment holders who were chasing
him. In addition, more than twenty civil lawsuits involving Rothman have been
filed in Superior Court, several complaints have been made to the Labor
Commission and disciplinary actions for three incidents have been taken
against him by the state bar of California. In 1992, he was suspended for a
year, though that suspension was stayed and he was instead placed on
probation for the term.
In 1987, Rothman was $16,800 behind in alimony
and child-support payments. Through her attorney, his ex-wife, Joanne Ward,
threatened to attach Rothman's assets, but he agreed to make good on the
debt. A year later, after Rothman still hadn't made the payments,
Ward's attorney tried to put a lien on Rothman's expensive Sherman Oaks
home. To their surprise, Rothman said he no longer owned the house;
three years earlier, he'd deeded the property to Tinoa Operations, Inc.,
a Panamanian shell corporation. According to Ward's lawyer,
Rothman claimed that he'd had $200,000 of Tinoa's money, in cash, at his
house one night when he was robbed at gunpoint. The only way he could
make good on the loss was to deed his home to Tinoa, he told them. Ward
and her attorney suspected the whole scenario was a ruse, but they
could never prove it. It was only after sheriff's deputies had towed
away Rothman's Rolls Royce that he began paying what he
owed.
Documents filed with Los Angeles Superior Court seem to confirm
the suspicions of Ward and her attorney. These show that Rothman
created an elaborate network of foreign bank accounts and shell
companies, seemingly to conceal some of his assets -- in particular, his home
and much of the $531,000 proceeds from its eventual sale, in 1989.
The companies, including Tinoa, can be traced to Rothman. He bought
a Panamanian shelf company (an existing but nonoperating firm)
and arranged matters so that though his name would not appear on the
list of its officers, he would have unconditional power of attorney,
in effect leaving him in control of moving money in and
out.
Meanwhile, Rothman's employees didn't fare much better than
his ex-wife. Former employees say they sometimes had to beg for
their paychecks. And sometimes the checks that they did get would bounce.
He couldn't keep legal secretaries. "He'd demean and humiliate them,"
says
one. Temporary workers fared the worst. "He would work them for two weeks,"
adds the legal secretary, "then run them off by yelling at them and saying
they were stupid. Then he'd tell the agency he was dissatisfied with the temp
and wouldn't pay." Some agencies finally got wise and made Rothman pay cash
up front before they'd do business with him.
The state bar's 1992
disciplining of Rothman grew out of a conflict-of-interest matter. A year
earlier, Rothman had been kicked off a case by a client, Muriel Metcalf, whom
he'd been representing in child-support and custody proceedings; Metcalf
later accused him of padding her bill. Four months after Metcalf fired him,
Rothman, without notifying her, began representing the company of her
estranged companion, Bob Brutzman.
The case is revealing for another
reason: It shows that Rothman had some experience dealing with
child-molestation allegations before the Jackson scandal. Metcalf, while
Rothman was still representing her, had accused Brutzman of molesting their
child (which Brutzman denied). Rothman's knowledge of Metcalf's charges
didn't prevent him from going to work for Brutzman's company -- a move for
which he was disciplined.
By 1992, Rothman was running from numerous
creditors. Folb Management, a corporate real-estate agency, was one. Rothman
owed the company $53,000 in back rent and interest for an office on Sunset
Boulevard. Folb sued. Rothman then countersued, claiming that the
building's security was so inadequate that burglars were able to steal more
than $6,900 worth of equipment from his office one night. In the course
of the proceedings, Folb's lawyer told the court, "Mr. Rothman is not
the kind of person whose word can be taken at face value."
In November
1992, Rothman had his law firm file for bankruptcy, listing thirteen
creditors -- including Folb Management -- with debts totaling $880,000 and no
acknowledged assets. After reviewing the bankruptcy papers, an ex-client whom
Rothman was suing for $400,000 in legal fees noticed that Rothman had failed
to list a $133,000 asset. The former client threatened to expose Rothman for
"defrauding his creditors" -- a felony -- if he didn't drop the lawsuit.
Cornered, Rothman had the suit dismissed in a matter of hours.
Six
months before filing for bankruptcy, Rothman had transferred title on his
Rolls-Royce to Majo, a fictitious company he controlled. Three years earlier,
Rothman had claimed a different corporate owner for the car -- Longridge
Estates, a subsidiary of Tinoa Operations, the company that held the deed to
his home. On corporation papers filed by Rothman, the addresses listed for
Longridge and Tinoa were the same, 1554 Cahuenga Boulevard -- which, as it
turns out, is that of a Chinese restaurant in Hollywood.
It was with
this man, in June 1993, that Evan Chandler began carrying out the "certain
plan" to which he referred in his taped conversation with Dave Schwartz. At a
graduation that month, Chandler confronted his ex-wife with his suspicions.
"She thought the whole thing was baloney," says her ex-attorney, Michael
Freeman. She told Chandler that she planned to take their son out of school
in the fall so they could accompany Jackson on his "Dangerous" world tour.
Chandler became irate and, say several sources, threatened to go public with
the evidence he claimed he had on Jackson. "What parent in his right
mind would want to drag his child into the public spotlight?" asks
Freeman. "If something like this actually occurred, you'd want to protect
your child."
Jackson asked his then-lawyer, Bert Fields, to intervene.
One of the most prominent attorneys in the entertainment industry, Fields
has been representing Jackson since 1990 and had negotiated for him,
with Sony, the biggest music deal ever -- with possible earnings of
$700 million. Fields brought in investigator Anthony Pellicano to help
sort things out. Pellicano does things Sicilian-style, being fiercely
loyal to those he likes but a ruthless hardball player when it comes to
his enemies.
On July 9, 1993, Dave Schwartz and June Chandler Schwartz
played the taped conversation for Pellicano. "After listening to the tape for
ten minutes, I knew it was about extortion," says Pellicano. That
same day, he drove to Jackson's Century City condominium, where
Chandler's son and the boy's half-sister were visiting. Without Jackson
there, Pellicano "made eye contact" with the boy and asked him, he
says, "very pointed questions": "Has Michael ever touched you? Have you
ever seen him naked in bed?" The answer to all the questions was no.
The boy repeatedly denied that anything bad had happened. On July
11, after Jackson had declined to meet with Chandler, the boy's father
and Rothman went ahead with another part of the plan -- they needed to
get custody of the boy. Chandler asked his ex-wife to let the youth
stay with him for a "one-week visitation period." As Bert Fields later
said in an affidavit to the court, June Chandler Schwartz allowed the
boy to go based on Rothman's assurance to Fields that her son would
come back to her after the specified time, never guessing that
Rothman's word would be worthless and that Chandler would not return their
son.
Wylie Aitken, Rothman's attorney, claims that "at the time
[Rothman] gave his word, it was his intention to have the boy
returned." However, once "he learned that the boy would be whisked out of
the country [to go on tour with Jackson], I don't think Mr. Rothman
had any other choice." But the chronology clearly indicates that
Chandler had learned in June, at the graduation, that the boy's mother
planned to take her son on the tour. The taped telephone conversation made
in early July, before Chandler took custody of his son, also seems
to verify that Chandler and Rothman had no intention of abiding by
the visitation agreement. "They [the boy and his mother] don't know
it yet," Chandler told Schwartz, "but they aren't going anywhere."
On
July 12, one day after Chandler took control of his son, he had his ex-wife
sign a document prepared by Rothman that prevented her from taking the youth
out of Los Angeles County. This meant the boy would be unable to accompany
Jackson on the tour. His mother told the court she signed the document under
duress. Chandler, she said in an affidavit, had threatened that "I would not
have [the boy] returned to me." A bitter custody battle ensued, making even
murkier any charges Chandler made about wrong-doing on Jackson's part. (As of
this August [1994], the boy was still living with Chandler.) It was during
the first few weeks after Chandler took control of his son -- who was
now isolated from his friends, mother and stepfather -- that the
boy's allegations began to take shape.
At the same time, Rothman,
seeking an expert's opinion to help establish the allegations against
Jackson, called Dr. Mathis Abrams, a Beverly Hills psychiatrist. Over the
telephone, Rothman presented Abrams with a hypothetical situation. In reply
and without having met either Chandler or his son, Abrams on July 15 sent
Rothman a two-page letter in which he stated that "reasonable suspicion would
exist that sexual abuse may have occurred." Importantly, he also stated that
if this were a real and not a hypothetical case, he would be required
by law to report the matter to the Los Angeles County Department
of Children's Services (DCS).
According to a July 27 entry in the
diary kept by Rothman's former colleague, it's clear that Rothman was guiding
Chandler in the plan. "Rothman wrote letter to Chandler advising him how to
report child abuse without liability to parent," the entry reads.
At
this point, there still had been made no demands or formal accusations, only
veiled assertions that had become intertwined with a fierce custody battle.
On August 4, 1993, however, things became very clear. Chandler and his son
met with Jackson and Pellicano in a suite at the Westwood Marquis Hotel. On
seeing Jackson, says Pellicano, Chandler gave the singer an affectionate hug
(a gesture, some say, that would seem to belie the dentist's suspicions that
Jackson had molested his son), then reached into his pocket, pulled out
Abrams's letter and began reading passages from it. When Chandler got to
the parts about child molestation, the boy, says Pellicano, put his
head down and then looked up at Jackson with a surprised expression, as
if to say "I didn't say that." As the meeting broke up, Chandler
pointed his finger at Jackson, says Pellicano, and warned "I'm going to
ruin you."
At a meeting with Pellicano in Rothman's office later that
evening, Chandler and Rothman made their demand - $20 million.
On
August 13, there was another meeting in Rothman's office. Pellicano came back
with a counteroffer -- a $350,000 screenwriting deal. Pellicano says he made
the offer as a way to resolve the custody dispute and give Chandler an
opportunity to spend more time with his son by working on a screenplay
together. Chandler rejected the offer. Rothman made a counterdemand -- a deal
for three screenplays or nothing -- which was spurned. In the diary of
Rothman's ex-colleague, an August 24 entry reveals Chandler's disappointment:
"I almost had a $20 million deal," he was overhear telling
Rothman.
Before Chandler took control of his son, the only one
making allegations against Jackson was Chandler himself -- the boy had
never accused the singer of any wrongdoing. That changed one day
in Chandler's Beverly Hills dental office.
In the presence of Chandler
and Mark Torbiner, a dental anesthesiologist, the boy was administered the
controversial drug sodium Amytal -- which some mistakenly believe is a truth
serum. And it was after this session that the boy first made his charges
against Jackson. A newsman at KCBS-TV, in L.A., reported on May 3 of this
year that Chandler had used the drug on his son, but the dentist claimed
he did so only to pull his son's tooth and that while under the
drug's influence, the boy came out with allegations. Asked for this
article about his use of the drug on the boy, Torbiner replied: "If I used
it, it was for dental purposes."
Given the facts about sodium Amytal
and a recent landmark case that involved the drug, the boy's allegations, say
several medical experts, must be viewed as unreliable, if not highly
questionable.
"It's a psychiatric medication that cannot be relied on to
produce fact," says Dr. Resnick, the Cleveland psychiatrist. "People are
very suggestible under it. People will say things under sodium Amytal
that are blatantly untrue." Sodium Amytal is a barbiturate, an
invasive drug that puts people in a hypnotic state when it's
injected intravenously. Primarily administered for the treatment of amnesia,
it first came into use during World War II, on soldiers traumatized
-- some into catatonic states -- by the horrors of war. Scientific studies
done in 1952 debunked the drug as a truth serum and instead demonstrated its
risks: False memories can be easily implanted in those under its influence.
"It is quite possible to implant an idea through the mere asking of a
question," says Resnick. But its effects are apparently even more insidious:
"The idea can become their memory, and studies have shown that even when you
tell them the truth, they will swear on a stack of Bibles that it happened,"
says Resnick.
Recently, the reliability of the drug became an issue in
a high-profile trial in Napa County, California. After undergoing numerous
therapy sessions, at least one of which included the use of sodium Amytal,
20-year-old Holly Ramona accused her father of molesting her as a child. Gary
Ramona vehemently denied the charge and sued his daughter's therapist and the
psychiatrist who had administered the drug. This past May, jurors sided with
Gary Ramona, believing that the therapist and the psychiatrist may have
reinforced memories that were false. Gary Ramona's was the first successful
legal challenge to the so-called "repressed memory phenomenon" that
has produced thousands of sexual-abuse allegations over the past
decade.
As for Chandler's story about using the drug to sedate his son
during a tooth extraction, that too seems dubious, in light of the
drug's customary use. "It's absolutely a psychiatric drug," says Dr.
Kenneth Gottlieb, a San Francisco psychiatrist who has administered
sodium Amytal to amnesia patients. Dr. John Yagiela, the coordinator of
the anesthesia and pain control department of UCLA's school of
dentistry, adds, "It's unusual for it to be used [for pulling a tooth]. It
makes no sense when better, safer alternatives are available. It would
not be my choice."
Because of sodium Amytal's potential side effects,
some doctors will administer it only in a hospital. "I would never want to
use a drug that tampers with a person's unconscious unless there was no
other drug available," says Gottlieb. "And I would not use it
without resuscitating equipment, in case of allergic reaction, and only
with an M.D. anesthesiologist present."
Chandler, it seems, did not
follow these guidelines. He had the procedure performed on his son in his
office, and he relied on the dental anesthesiologist Mark Torbiner for
expertise. (It was Torbiner who'd introduced Chandler and Rothman in 1991,
when Rothman needed dental work.)
The nature of Torbiner's practice
appears to have made it highly successful. "He boasts that he has $100 a
month overhead and $40,000 a month income," says Nylla Jones, a former
patient of his. Torbiner doesn't have an office for seeing patients; rather,
he travels to various dental offices around the city, where he
administers anesthesia during procedures.
This magazine has learned
that the U.S. Drug Enforcement Administration is probing another aspect of
Torbiner's business practices: He makes housecalls to administer drugs --
mostly morphine and Demerol -- not only postoperatively to his dental
patients but also, it seems, to those suffering pain whose source has nothing
to do with dental work. He arrives at the homes of his clients -- some
of them celebrities -- carrying a kind of fishing-tackle box that contains
drugs and syringes. At one time, the license plate on his Jaguar read
"SLPYDOC." According to Jones, Torbiner charges $350 for a basic
ten-to-twenty-minute visit. In what Jones describes as standard practice,
when it's unclear how long Torbiner will need to stay, the client,
anticipating the stupor that will soon set in, leaves a blank check for
Torbiner to fill in with the appropriate amount.
Torbiner wasn't always
successful. In 1989, he got caught in a lie and was asked to resign from
UCLA, where he was an assistant professor at the school of dentistry.
Torbiner had asked to take a half-day off so he could observe a religious
holiday but was later found to have worked at a dental office
instead.
A check of Torbiner's credentials with the Board of Dental
Examiners indicates that he is restricted by law to administering drugs
solely for dental-related procedures. But there is clear evidence that he
has not abided by those restrictions. In fact, on at least
eight occasions, Torbiner has given a general anesthetic to Barry
Rothman, during hair-transplant procedures. Though normally a local
anesthetic would be injected into the scalp, "Barry is so afraid of the
pain," says Dr. James De Yarman, the San Diego physician who
performed Rothman's transplants, "that [he] wanted to be put out completely."
De Yarman said he was "amazed" to learn that Torbiner is a dentist,
having
assumed all along that he was an M.D.
In another instance, Torbiner came
to the home of Nylla Jones, she says, and injected her with Demerol to help
dull the pain that followed her appendectomy.
On August 16, three days
after Chandler and Rothman rejected the $350,000 script deal, the situation
came to a head. On behalf of June Chandler Schwartz, Michael Freeman notified
Rothman that he would be filing papers early the next morning that would
force Chandler to turn over the boy. Reacting quickly, Chandler took his son
to Mathis Abrams, the psychiatrist who'd provided Rothman with his assessment
of the hypothetical child-abuse situation. During a three-hour
session, the boy alleged that Jackson had engaged in a sexual relationship
with him. He talked of masturbation, kissing, fondling of nipples and
oral sex. There was, however, no mention of actual penetration, which
might have been verified by a medical exam, thus providing
corroborating evidence.
The next step was inevitable. Abrams, who is
required by law to report any such accusation to authorities, called a social
worker at the Department of Children's Services, who in turn contacted the
police. The full-scale investigation of Michael Jackson was about to
begin.
Five days after Abrams called the authorities, the media got wind
of the investigation. On Sunday morning, August 22, Don Ray, a
free-lance reporter in Burbank, was asleep when his phone rang. The caller,
one of his tipsters, said that warrants had been issued to
search Jackson's ranch and condominium. Ray sold the story to L.A.'s
KNBC-TV, which broke the news at 4 P.M. the following day.
After that,
Ray "watched this story go away like a freight train," he says. Within
twenty-four hours, Jackson was the lead story on seventy-three TV news
broadcasts in the Los Angeles area alone and was on the front page of every
British newspaper. The story of Michael Jackson and the 13-year-old boy
became a frenzy of hype and unsubstantiated rumor, with the line between
tabloid and mainstream media virtually eliminated.
The extent of the
allegations against Jackson wasn't known until August 25. A person inside the
DCS illegally leaked a copy of the abuse report to Diane Dimond of Hard Copy.
Within hours, the L.A. office of a British news service also got the report
and began selling copies to any reporter willing to pay $750. The following
day, the world knew about the graphic details in the leaked report.
"While laying next to each other in bed, Mr. Jackson put his hand under
[the child's] shorts," the social worker had written. From there,
the coverage soon demonstrated that anything about Jackson would be
fair game.
"Competition among news organizations became so fierce,"
says KNBC reporter Conan Nolan, that "stories weren't being checked out. It
was very unfortunate." The National Enquirer put twenty reporters
and editors on the story. One team knocked on 500 doors in
Brentwood trying to find Evan Chandler and his son. Using property records,
they finally did, catching up with Chandler in his black Mercedes. "He
was not a happy man. But I was," said Andy O'Brien, a
tabloid photographer.
Next came the accusers -- Jackson's former
employees. First, Stella and Philippe Lemarque, Jackson' ex-housekeepers,
tried to sell their story to the tabloids with the help of broker Paul
Barresi, a former porn star. They asked for as much as half a million dollars
but wound up selling an interview to The Globe of Britain for $15,000.
The Quindoys, a Filipino couple who had worked at Neverland,
followed. When their asking price was $100,000, they said " 'the hand
was outside the kid's pants,' " Barresi told a producer of Frontline,
a PBS program. "As soon as their price went up to $500,000, the hand went
inside the pants. So come on." The L.A. district attorney's office eventually
concluded that both couples were useless as witnesses.
Next came the
bodyguards. Purporting to take the journalistic high road, Hard Copy's Diane
Dimond told Frontline in early November of last year that her program was
"pristinely clean on this. We paid no money for this story at all." But two
weeks later, as a Hard Copy contract reveals, the show was negotiating a
$100,000 payment to five former Jackson security guards who were planning to
file a $10 million lawsuit alleging wrongful termination of their
jobs.
On December 1, with the deal in place, two of the guards appeared
on the program; they had been fired, Dimond told viewers, because
"they knew too much about Michael Jackson's strange relationship with
young boys." In reality, as their depositions under oath three months
later reveal, it was clear they had never actually seen Jackson do
anything improper with Chandler's son or any other child:
"So you
don't know anything about Mr. Jackson and [the boy], do you?" one of
Jackson's attorneys asked former security guard Morris Williams under oath.
"All I know is from the sworn documents that other people have sworn
to."
"But other than what someone else may have said, you have no
firsthand knowledge about Mr. Jackson and [the boy], do you?"
"That's
correct."
"Have you spoken to a child who has ever told you that Mr.
Jackson did anything improper with the child?"
"No."
When
asked by Jackson's attorney where he had gotten his impressions, Williams
replied: "Just what I've been hearing in the media and what I've experienced
with my own eyes."
"Okay. That's the point. You experienced nothing with
your own eyes, did you?"
"That's right, nothing."
(The guards'
lawsuit, filed in March 1994, was still pending as this article went to
press.)
[NOTE: The case was thrown out of court in July 1995. Read the
details above..]
Next came the maid. On December 15, Hard Copy
presented "The Bedroom Maid's Painful Secret." Blanca Francia told Dimond and
other reporters that she had seen a naked Jackson taking showers and Jacuzzi
baths with young boys. She also told Dimond that she had witnessed her
own son in compromising positions with Jackson -- an allegation that
the grand juries apparently never found credible.
A copy of Francia's
sworn testimony reveals that Hard Copy paid her $20,000, and had Dimond
checked out the woman's claims, she would have found them to be false. Under
deposition by a Jackson attorney, Francia admitted she had never actually see
Jackson shower with anyone nor had she seen him naked with boys in his
Jacuzzi. They always had their swimming trunks on, she
acknowledged.
The coverage, says Michael Levine, a Jackson press
representative, "followed a proctologist's view of the world. Hard Copy was
loathsome. The vicious and vile treatment of this man in the media was
for selfish reasons. [Even] if you have never bought a Michael
Jackson record in your life, you should be very concerned. Society is built
on very few pillars. One of them is truth. When you abandon that, it's
a slippery slope."
The investigation of Jackson, which by October 1993
would grow to involve at least twelve detectives from Santa Barbara and Los
Angeles counties, was instigated in part by the perceptions of
one psychiatrist, Mathis Abrams, who had no particular expertise in
child sexual abuse. Abrams, the DCS caseworker's report noted, "feels
the child is telling the truth." In an era of widespread and often
false claims of child molestation, police and prosecutors have come to
give great weight to the testimony of psychiatrists, therapists and
social workers.
Police seized Jackson's telephone books during the
raid on his residences in August and questioned close to thirty children and
their families. Some, such as Brett Barnes and Wade Robson, said they
had shared Jackson's bed, but like all the others, they gave the
same response -- Jackson had done nothing wrong. "The evidence was
very good for us," says an attorney who worked on Jackson's defense.
"The other side had nothing but a big mouth."
Despite the scant
evidence supporting their belief that Jackson was guilty, the police stepped
up their efforts. Two officers flew to the Philippines to try to nail down
the Quindoys' "hand in the pants" story, but apparently decided it lacked
credibility. The police also employed aggressive investigative techniques --
including allegedly telling lies -- to push the children into making
accusations against Jackson. According to several parents who complained to
Bert Fields, officers told them unequivocally that their children had
been molested, even though the children denied to their parents
that anything bad had happened. The police, Fields complained in a
letter to Los Angeles Police Chief Willie Williams, "have also
frightened youngsters with outrageous lies, such as 'We have nude photos of
you.' There are, of course, no such photos." One officer, Federico
Sicard, told attorney Michael Freeman that he had lied to the children
he'd interviewed and told them that he himself had been molested as
a child, says Freeman. Sicard did not respond to requests for an interview
for this article.
All along, June Chandler Schwartz rejected the charges
Chandler was making against Jackson -- until a meeting with police in late
August 1993. Officers Sicard and Rosibel Ferrufino made a statement
that began to change her mind. "[The officers] admitted they only had
one boy," says Freeman, who attended the meeting, "but they said,
'We're convinced Michael Jackson molested this boy because he fits
the classic profile of a pedophile perfectly.' "
"There's no such
thing as a classic profile. They made a completely foolish and illogical
error," says Dr. Ralph Underwager, a Minneapolis psychiatrist who has treated
pedophiles and victims of incest since 1953. Jackson, he believes, "got
nailed" because of "misconceptions like these that have been allowed to
parade as fact in an era of hysteria." In truth, as a U.S. Department of
Health and Human Services study shows, many child-abuse allegations -- 48
percent of those filed in 1990 -- proved to be unfounded.
"It was just
a matter of time before someone like Jackson became a target," says Phillip
Resnick. "He's rich, bizarre, hangs around with kids and there is a fragility
to him. The atmosphere is such that an accusation must mean it
happened."
The seeds of settlement were already being sown as the
police investigation continued in both counties through the fall of 1993.
And a behind-the-scenes battle among Jackson's lawyers for control of
the case, which would ultimately alter the course the defense would
take, had begun.
By then, June Chandler Schwartz and Dave Schwartz had
united with Evan Chandler against Jackson. The boy's mother, say several
sources, feared what Chandler and Rothman might do if she didn't side
with them. She worried that they would try to advance a charge against
her of parental neglect for allowing her son to have sleepovers
with Jackson. Her attorney, Michael Freeman, in turn, resigned in
disgust, saying later that "the whole thing was such a mess. I
felt uncomfortable with Evan. He isn't a genuine person, and I sensed
he wasn't playing things straight."
Over the months, lawyers for both
sides were retained, demoted and ousted as they feuded over the best strategy
to take. Rothman ceased being Chandler's lawyer in late August, when the
Jackson camp filed extortion charges against the two. Both then hired
high-priced criminal defense attorneys to represent them.. (Rothman
retained Robert Shapiro, now O.J. Simpson's chief lawyer.) According to
the diary kept by Rothman's former colleague, on August 26, before
the extortion charges were filed, Chandler was heard to say "It's my
ass that's on the line and in danger of going to prison."
The investigation into the extortion charges was superficial because,
says a source, "the police never took it that seriously. But a whole
lot more could have been done." For example, as they had done
with Jackson, the police could have sought warrants to search the homes
and offices of Rothman and Chandler. And when both men, through
their attorneys, declined to be interviewed by police, a grand jury
could have been convened.
In mid-September, Larry Feldman, a civil
attorney who'd served as head of the Los Angeles Trial Lawyers Association,
began representing Chandler's son and immediately took control of the
situation. He filed a $30 million civil lawsuit against Jackson, which would
prove to be the beginning of the end.
Once news of the suit spread,
the wolves began lining up at the door. According to a member of Jackson's
legal team, "Feldman got dozens of letters from all kinds of people saying
they'd been molested by Jackson. They went through all of them trying to find
somebody, and they found zero."
With the possibility of criminal
charges against Jackson now looming, Bert Fields brought in Howard Weitzman,
a well-known criminal-defense lawyer with a string of high-profile clients --
including John DeLorean, whose trail he won, and Kim Basinger, whose Boxing
Helena contract dispute he lost. (Also, for a short time this June,
Weitzman was O.J. Simpson's attorney.) Some predicted a problem between the
two lawyers early on. There wasn't room for two strong attorneys used
to running their own show.
From the day Weitzman joined Jackson's
defense team, "he was talking settlement," says Bonnie Ezkenazi, an attorney
who worked for the defense. With Fields and Pellicano still in control of
Jackson's defense, they adopted an aggressive strategy. They believed
staunchly in Jackson's innocence and vowed to fight the charges in
court. Pellicano began gathering evidence to use in the trial, which
was scheduled for March 21, 1994. "They had a very weak case,"
says Fields. "We wanted to fight. Michael wanted to fight and go through
a trial. We felt we could win."
Dissension within the Jackson camp
accelerated on November 12, after Jackson's publicist announced at a press
conference that the singer was canceling the remainder of his world tour to
go into a drug-rehabilitation program to treat his addiction to
painkillers. Fields later told reporters that Jackson was "barely able to
function adequately on an intellectual level." Others in Jackson's camp felt
it was a mistake to portray the singer as incompetent. "It was important,"
Fields says, "to tell the truth. [Larry] Feldman and the press took the
position that Michael was trying to hide and that it was all a scam. But it
wasn't."
On November 23, the friction peaked. Based on information he
says he got from Weitzman, Fields told a courtroom full of reporters that
a criminal indictment against Jackson seemed imminent. Fields had a reason
for making the statement: He was trying to delay the boy's civil suit by
establishing that there was an impending criminal case that should be tried
first. Outside the courtroom, reporters asked why Fields had made the
announcement, to which Weitzman replied essentially that Fields "misspoke
himself." The comment infuriated Fields, "because it wasn't true," he says.
"It was just an outrage. I was very upset with Howard." Fields sent a letter
of resignation to Jackson the following week.
"There was this vast
group of people all wanting to do a different thing, and it was like moving
through molasses to get a decision," says Fields. "It was a nightmare, and I
wanted to get the hell out of it." Pellicano, who had received his share of
flak for his aggressive manner, resigned at the same time.
With Fields
and Pellicano gone, Weitzman brought in Johnnie Cochran Jr., a well-known
civil attorney who is now helping defend O.J. Simpson. And John Branca, whom
Fields had replaced as Jackson's general counsel in 1990, was back on board.
In late 1993, as DAs in both Santa Barbara and Los Angeles counties convened
grand juries to assess whether criminal charges should be filed against
Jackson, the defense strategy changed course and talk of settling the civil
case began in earnest, even though his new team also believed in
Jackson's innocence.
Why would Jackson's side agree to settle out of
court, given his claims of innocence and the questionable evidence against
him? His attorneys apparently decided there were many factors that
argued against taking the case to civil court. Among them was the fact
that Jackson's emotional fragility would be tested by the oppressive
media coverage that would likely plague the singer day after day during
a trial that could last as long as six months. Politics and racial issues
had also seeped into legal proceedings -- particularly in Los Angeles, which
was still recovering from the Rodney King ordeal -- and the defense feared
that a court of law could not be counted on to deliver justice. Then, too,
there was the jury mix to consider. As one attorney says, "They figured that
Hispanics might resent [Jackson] for his money, blacks might resent him for
trying to be white, and whites would have trouble getting around the
molestation issue." In Resnick's opinion, "The hysteria is so great and the
stigma [of child molestation] is so strong, there is no defense against
it."
Jackson's lawyers also worried about what might happen if a
criminal trial followed, particularly in Santa Barbara, which is a
largely white, conservative, middle-to-upper-class community. Any way
the defense looked at it, a civil trial seemed too big a gamble.
By meeting the terms of a civil settlement, sources say, the
lawyers figured they could forestall a criminal trial through a
tacit understanding that Chandler would agree to make his son unavailable
to testify.
Others close to the case say the decision to settle also
probably had to do with another factor -- the lawyers' reputations. "Can
you imagine what would happen to an attorney who lost the Michael
Jackson case?" says Anthony Pellicano. "There's no way for all three
lawyers to come out winners unless they settle. The only person who lost
is Michael Jackson." But Jackson, says Branca, "changed his mind
about [taking the case to trial] when he returned to this country. He
hadn't seen the massive coverage and how hostile it was. He just wanted
the whole thing to go away."
On the other side, relationships among
members of the boy's family had become bitter. During a meeting in Larry
Feldman's office in late 1993, Chandler, a source says, "completely lost it
and beat up Dave [Schwartz]." Schwartz, having separated from June by this
time, was getting pushed out of making decisions that affected his stepson,
and he resented Chandler for taking the boy and not returning
him.
"Dave got mad and told Evan this was all about extortion, anyway,
at which point Evan stood up, walked over and started hitting Dave,"
a second source says.
To anyone who lived in Los Angeles in January
1994, there were two main topics of discussion -- the earthquake and the
Jackson settlement. On January 25, Jackson agreed to pay the boy
an undisclosed sum. The day before, Jackson's attorneys had withdrawn
the extortion charges against Chandler and Rothman. The actual amount
of the settlement has never been revealed, although speculation has placed
the sum around $20 million. One source says Chandler and June Chandler
Schwartz received up to $2 million each, while attorney Feldman might have
gotten up to 25 percent in contingency fees. The rest of the money is being
held in trust for the boy and will be paid out under the supervision of a
court-appointed trustee.
"Remember, this case was always about money,"
Pellicano says, "and Evan Chandler wound up getting what he wanted." Since
Chandler still has custody of his son, sources contend that logically this
means the father has access to any money his son gets.
By late May
1994, Chandler finally appeared to be out of dentistry. He'd closed down his
Beverly Hills office, citing ongoing harassment from Jackson supporters.
Under the terms of the settlement, Chandler is apparently prohibited from
writing about the affair, but his brother, Ray Charmatz, was reportedly
trying to get a book deal.
In what may turn out to be the never-ending
case, this past August, both Barry Rothman and Dave Schwartz (two principal
players left out of the settlement) filed civil suits against Jackson.
Schwartz maintains that the singer broke up his family. Rothman's
lawsuit claims defamation and slander on the part of Jackson, as well as
his original defense team -- Fields, Pellicano and Weitzman -- for
the allegations of extortion. "The charge of [extortion]," says
Rothman attorney Aitken, "is totally untrue. Mr. Rothman has been held up
for public ridicule, was the subject of a criminal investigation
and suffered loss of income." (Presumably, some of Rothman's lost
income is the hefty fee he would have received had he been able to
continue as Chandler's attorney through the settlement phase.)
As for
Michael Jackson, "he is getting on with his life," says publicist Michael
Levine. Now married, Jackson also recently recorded three new songs for a
greatest-hits album and completed a new music video called
"History."
And what became of the massive investigation of Jackson?
After millions of dollars were spent by prosecutors and police
departments in two jurisdictions, and after two grand juries questioned close
to 200 witnesses, including 30 children who knew Jackson, not a
single corroborating witness could be found. (In June 1994, still
determined to find even one corroborating witness, three prosecutors and
two police detectives flew to Australia to again question Wade Robson,
the boy who had acknowledged that he'd slept in the same bed with
Jackson. Once again, the boy said that nothing bad had happened.)
The
sole allegations leveled against Jackson, then, remain those made by one
youth, and only after the boy had been give a potent hypnotic drug, leaving
him susceptible to the power of suggestion.
"I found the case
suspicious," says Dr. Underwager, the Minneapolis psychiatrist, "precisely
because the only evidence came from one boy. That would be highly unlikely.
Actual pedophiles have an average of 240 victims in their lifetime. It's a
progressive disorder. They're never satisfied."
Given the slim
evidence against Jackson, it seems unlikely he would have been found guilty
had the case gone to trial. But in the court of public opinion, there are no
restrictions. People are free to speculate as they wish, and Jackson's
eccentricity leaves him vulnerable to the likelihood that the public has
assumed the worst about him.
So is it possible that Jackson committed
no crime -- that he is what he has always purported to be, a protector and
not a molester of children? Attorney Michael Freeman thinks so: "It's my
feeling that Jackson did nothing wrong and these people [Chandler and
Rothman] saw an opportunity and programmed it. I believe it was all about
money."
To some observers, the Michael Jackson story illustrates the
dangerous power of accusation, against which there is often no defense
-- particularly when the accusations involve child sexual abuse.
To others, something else is clear now -- that police and
prosecutors spent millions of dollars to create a case whose foundation
never existed.
Mary A Fischer is a GQ senior writer based in Los
Angeles. |
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