DEFENSE NEWS Fighting for Justice and Balance in Civil Courts Lessons from the Michael Jackson Trial By Anne M. Bremner, Stafford Frey Cooper [continued from last issue] Why the Defense Won – What They Did Right The Defense Packaged Jackson Well Winter 2005/2006 “All Children – except me – grow up.” J.M. Barrie – Peter Pan Rather than as advised (putting Michael Jackson in a suit IN THIS ISSUE with one hand holding a girlfriend’s hand and the other holding a Bible), the defense dressed Michael Jackson in or- List Serve Emails nate costumes every day of the trial. During the course of pre-trial proceedings, “The Rest of the Story” 5 he wore a white three-piece suit with a gold arm band, the white for purity and innocence. On Cinco de Mayo – in a town that is 60% Hispanic – he wore a President’s Column 6 Cinco de Mayo vest. On the day of Jay Leno’s testimony, he wore a joker’s vest, thereby showing a lack of hubris and some humility while facing the man who Judicial Profile: has been making fun of him on the nightly air waves and calling him a pedo- An Interview with phile for months. Thurston County Superior Court Judge Michael Jackson entered as if on a red carpet with an umbrella holder every Richard “Cork” Hicks 8 single day of the trial. On good days, he would carry his own umbrella, which I noted on the air. Many celebrities had made mistakes in terms of what they And the Defense Wins 11 wore, including Martha Stewart, who didn’t show much humility when she ar- rived for trial with her Hermes Berkin bag, or Courtney Love who looked like Local Discovery a rock star wreck when she was tried on charges of being under the influence of Limitations and the cocaine, dressed in grungy cardigans, and even a black strapless evening gown, “Discrete Subparts” Rule 12 showing utter disregard for the seriousness of the charges. Michael Jackson wore multi-colored jackets, different colored armbands, wrinkled Verdicts and Settlements 14 royal crest and military medals, many from Great Britain. Sometimes he looked like a toy soldier, sometimes he looked like a prep school dandy. Throughout, Michael Committee Members 22 Jackson conveyed to the jury a constant reminder that he is not like everybody else. He is rock and roll royalty, he is a celebrity who deserves special consideration. The WDTL Membership Los Angeles Times called this the “fashion defense.” Application 23 Michael Jackson Was Portrayed as Being in Tragic Decline. “Michael Jackson is one of the last living Innocents.” Steven Speilberg. Upcoming Events 24 “Stop Messing with Me” Michael and Janet Jackson, “Childhood Scream” from “History” “Leave me alone.” Michael Jackson Michael Jackson visited the hospital during the course of the trial on five sepa- rate occasions. He appeared vulnerable, childlike and sweet before the jury. Continued on Page 2 Editor: Gregory A.V. Clark WDTL Executive Director, Kristin Lewis www.wdtl.org T. 206.292.8930 | F. 206.386.5130 [email protected] T. 206.749.0319 | F. 206.749.0321 [email protected] Lessons From Page 1 Unlike Scott Peterson, his court- came onboard, there was no more DEFENSE NEWS room demeanor was absolutely Hollywood slickness. He just decid- Editors perfect for this trial. He was re- ed to dig in and do the work, and I Gregory A.V. Clark Jody Reich Bullivant Houser Bailey PC Betts Patterson & Mines P.S. spectful to the jurors, to the court think that brought a lot of integrity 206.292.8930 206.292.9988 206.386.5130 206.343.7053 staff, to the judge, and to every- and credibility to this case.” 2300 Westlake Office Tower 701 Pike St, Suite 1400 1601 Fifth Avenue Seattle, WA 98101-3927 one involved in the trial. He also Through the work of the defense, Seattle, WA 98101-1618 [email protected] [email protected] appeared to be in tragic decline Michael Jackson’s world all made Editorial Board throughout the trial. It was as if sense to the jurors. He was por- Marnie Bergman Mathew D. Marinelli the trial was killing him. It would Jager Law Office PLLC Burgess Fitzer, P.S. trayed from the beginning, in open- 206.441.9705 253.572.5324 be hard for the jury to convict 206.441.9711 253.627.8928 ing statements, as an odd genius 600 Stewart St, Ste 1100 1501 Market St, Suite 300 and send to prison for the rest Seattle WA 98101 Tacoma, WA 98402-3333 who sits in a wishing tree and writes [email protected] [email protected] of his life a man who was barely William L. Cameron Bert W. Markovich songs; as a Peter Pan and vulner- Lee Smart Cook Martin & Schwabe, Williamson & Wyatt. P.C. holding on during the course of Patterson 206.622.1711 able child who would rather hang 206.262.8301 206.292.0460 the trial itself. His frame carried 206.624.5944 1420 5th Ave, Suite 3010 out with chimps than humans; one 1800 One Convention Place Seattle, WA 98101-3944 about 115 lbs. There were times 701 Pike Street [email protected] that surrounds himself with little Seattle, WA 98101-3929 during the trial that he had to go [email protected] Stacy J. Plotkin-Wolff children but is also the patron saint George W. McLean, Jr & to the bathroom to get sick, and Jeremy W. Culumber Associates of children. Michael Jackson’s songs Keating, Bucklin & 206.839.4200 often appeared to be in obvious McCormack, Inc., P.S. 206.839.4220 have healed the world and make the 206.623.8861 720 Olive Way, Suite 1600 physical distress. He was taken 206.223.9423 Seattle, WA 98101-1890 world a better place for children; 800 5th Ave, Suite 4141 Stacy.Plotkin- to the hospital during the course Seattle, WA 98104-3175 [email protected] What More Can I Give, and We are [email protected] Barbara J. Rhoads-Weaver of jury selection (missing court), the World were all presented to the Nathaniel B Green Jr. Bullivant Houser Bailey PC Hollenbeck, Lancaster & Miller 206.521.6494 and of course, showed up late for jury. Michael Jackson was shown 425.644.4440 206.386.5130 425.747.8338 1601 Fifth Ave, Suite 2300 court in his pajamas having been to be vulnerable throughout his 15500 SE 30th Place, Suite 201 Seattle, WA 98101-1618 Bellevue WA 98007-6347 barbara.rhoads- hospitalized, yet again. The jury life: because he was a star at such [email protected] [email protected] knew that he was hospitalized Carol S. Janes Aaron V. Rocke an early age, people only want to Bennett Bigelow Leedom, P.S. Office of Attorney General twice during the course of jury 206.622.5511 206.464.7652 take advantage of him, and he never 206.622.8986 206.587.4229 deliberations. It is human nature 1700 Seventh Avenue, Suite 1900 900 4th Ave, Suite 2000, TB-14 knows who to trust. The culmina- Seattle, WA 98101 Seattle, WA 98164-1012 to not want to take someone [email protected] [email protected] tion of that victimization was the out who is “already gone,” and Laurie D. Kohli Anthony Scisciani prosecution brought by Santa Porter, Kohli & LeMaster, P.S. Scheer & Zehnder LLP subliminally the defense sent the 206.624.8890 206.262.1200 Barbara County. 206.587.0579 206.223.4065 message that Michael Jackson had 1301 Fifth Ave, Suite 2600 720 Olive Way, Suite 1605 Here, the defense successfully put Seattle, WA 98101-2622 Seattle, WA 98101 been punished enough (if there [email protected] [email protected] forth the theme that the case was Kristin Lewis, Benjamin J. Stone was some specter of belief in the Executive Director Keller Rohrback L.L.P. about “money, money and more Washington Defense 206.623.1900 jury’s mind that he was indeed Trial Lawyers 206.623.3384 money” that the family simply want- 601 Union St., Suite 4100 1201 Third Ave, Suite 3200 guilty of child molestation). Seattle WA 98101 Seattle, WA 98101-3052 ed a conviction so they could extract Phone: (206) 749-0319 [email protected] Fax: (206) 749-0321 Thomas Mesereau Was even more money out of Michael Email: [email protected] Charles A. Willmes Bullivant Houser Bailey PC Mesmerizing. 206.292.8930 Jackson. While the prosecution 206.386.5130 1601 Fifth Ave, Suite 2300 “If you squint your eyes it all makes portrayed Neverland as “Pinocchio’s Seattle, WA 98101-1618 [email protected] sense.” Anonymous field producer Pleasure Island,” the defense showed The Defense News is published bi-monthly by the Washington Defense at the Mary Kay Letourneau trial. it as a refuge for children from all Trial Lawyers, c/o WDTL, 601 Union St., Ste 4100, Seattle WA 98101. All rights reserved. Reproduction of any material appearing herein without over the world, the disadvantaged, permission is prohibited. SUBSCRIPTION: Included in dues of all active Thomas Mesereau was not the members. EDITORIAL POLICY: Defense News is edited for members of downtrodden and needy. Neverland the Washington Defense Trial Lawyers. Publishing and editorial decisions are typical celebrity lawyer. 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