Jackson Verdict Muddies Waters for Child Protectors

June 17, 2005

On June 13, 2005 the Jackson 12 shunned the true believers and decided that the King of Pop was not guilty of everything from plying a child with wine to false imprisonment to molestation. Whatever happened to "children don't lie about sexual abuse and must be protected at all costs?" The same jury, which consisted of eight women, six of whom had kids, erred on the side of celebrity and not the side of caution.

Why Did the Jury Acquit?

Let's examine the errors made by the prosecution. First, they went after Jackson's propensity to be a monster by using 1108 prior bad acts evidence, but in doing so never produced the smoking gun witness from 1993, Jordan Chandler. Next, they never called any experts to articulate to the jury about delayed memory recall trauma and therapy relative to child sexual abuse. Finally, they called a prime witness, the main accuser's mother, who was at best incredible.

On the flip side, infamous OJ attorney extraordinaire Johnny Cochran turned over and winked at Tom Mesereau for a job well done. At first I did not concur with Mesereau's strategy to try the case as he said - they said, calling fact and character witnesses, only. I couldn't understand him not calling any experts and submitting his client for psychosexual testing - to try and prove his innocence. But, in the end, Mesereau's plan of attack worked. He impeached the states' case and convinced the jury that Jackson was not guilty beyond a reasonable doubt.

The Incidence of Child Sexual Abuse

Unquestionably, child sexual abuse is a problem in America as 2003 witnessed over 300,000 reports. Curiously, however, according to Finkelhor, 2004, the actual incidence of child sexual abuse dropped by 40% between 1992 and 2000. Does this mean that our child protective investigators should take their job lightly - that we should ease our position on spending taxpayers dollars to protect our most vulnerable and precious resource? Absolutely not!

Experts must recognize Red Flags

There's no doubt that Michael Jackson was easy pickings for children who wanted to cash in. At one point Jacko's net worth was a billion dollars. The main accusing child's mother had already settled a monetary lawsuit with J. C. Penney's for over one hundred thousand dollars. And she was involved in a protracted custody battle with the boy's father. Perhaps, if she proved Jackson was a pedophile she would have been perceived by the Judge in her custody case as a protective and fit parent.

Money is not the only motivating factor when allegations of child sexual abuse are leveled. The presence of a contentious divorce, visitation dispute and child custody battle are other warning signs that could point to possible false allegations. It is crucial for the investigator to know the timing of the abuse allegation and whether or not a delusional or false accuser had motive, method and opportunity to injure the accused. Likewise, it is crucial the investigator glean if the child accuser was a victim of memory or linguistic error, suggestibility or peer pressure.

Will the Jackson Verdict Stifle Future Abuse Reports?

Studies conducted by Bagley, 1992; Courtois & Watts, 1982; Finkelhor & Browne, 1986; Slager-Jorne, 1978; Swanson & Biaggio, 1985; Tsai & Wagner, 1978, and Dr. Nancy Faulkner, 1996 indicate that there are scores of cases where child sexual abuse remains unreported. Embarrassment, fear, denial, and perhaps now paranoia and uncertainty they won't be believed because of Jackson, are all real concerns for today's abused children.

Make no mistake. Our child protectors have huge responsibilities to ensure our children are safe. They are overworked, underpaid, suffer from burnout and now have to cope with fallout from the Jackson verdict. Hopefully, future child victims will prove me wrong and report contemporaneously - made stronger by the Jackson verdict. But as eccentric as Michael Jackson is, many Americans still revere him. Let's hope that Not Guilty does not equal Witch Hunt, that the Jackson's accusers were not mistaken and that the verdict was the product of a bumbled prosecution.

Dean Tong