Anticipating a question that surely has gone through the minds of jurors, Mesereau also focused Monday upon the idea that the young man and his family had a motive to ruin Jackson's life. Why would a young man do this?
Because, Mesereau suggested with his questions, the young man and his family were chronic complainers, career gold diggers, freeloaders and grifters who turned against Jackson when he and his entourage began to withdraw their significant perks and services from them. The accuser apparently complained when the vehicle Jackson gave his family took it back to repair it.
And he apparently complained that the expensive watch that Jackson had given him wasn't worth what Jackson had told him it was worth. If that is gratitude, if that is appreciation, then this right now is a close case.
It also bodes ill for prosecutors that they twice seemed surprised by defense questions. First, they apparently were taken aback by the discovery that the dean would testify that the accuser had told him that no molestation occurred. Apparently, prosecutors only questioned this dean on Saturday, two days ago, and then had to meet with the alleged victim Sunday evening to discuss the development. In a case like this, that's unacceptable footwork on the part of law enforcement officials and the District Attorneys' Office, who long ago should have talked to every single faculty member at every single school the young man has attended.
Also, the alleged victim told jurors that he had not been asked by prosecutors about Jay Leno until after the trial started, implying that prosecutors did not know that Jay Leno would play a role in this case until the defense said he would during opening statements. Leno, it now appears, will be a defense witness, called to testify that he, too, was approached by the young man and his family as part of a solicitation effort. In these circumstances, it is inexcusable that Sneddon did not know about that before trial or, if he did, that he did not discuss it with his witness. Inexcusable, but not necessarily inconsistent with some of the other dubious decisions and developments so far in the case that left Thomas Sneddon, the District Attorney, shaking his head inside court late Monday morning.
Dressed in a royal blue dress shirt with a white t-shirt underneath, the young man is short-haired and good looking with a voice that is deeper than his age suggests. But when he testifies, he talks as though he is recalling a story that he has read and not as though he is retelling his own experiences. In that sense, he seems as over-coached and scripted as he seems under-coached in other areas of his testimony. Have jurors picked up on this? I don't know. Recognizing the core of the case when they see it, many of them were furiously scribbling notes Monday. And they were as attentive as you would hope they would be, focusing in upon the young man as he answered, or didn't, the questions posed to him.
Surely, in the end, they will cut the accuser some slack on some of what he says. Being the fulcrum of a case like this surely would not be easy for a mature adult, much less a young person just beginning to understand the real world. And surely there is a lot of detail for him to remember over a long period that marks the beginning and end of his relationship with the defendant. The problem for prosecutors, however, is that there is only so much of a break the jury is likely to cut the accuser, especially when Jackson is entitled to "breaks" of his own, constitutionally-mandated breaks like the presumption of innocence and the reasonable doubt standard.
If I were a member of the jury tonight, I would more likely be wondering why this case was brought in the first place than I would whether or not Jackson is guilty of the charges against him. And that is a horrible calculus for prosecutors now, smack dab in the middle of their case-in-chief. Why? Because with the most dramatic parts of his presentation nearly over, and with a deck stacked with defense witnesses, if Sneddon doesn't have the jury now he likely never will.
http://www.cbsnews.com/stories/2005/...in680053.shtml