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DAN: We're back with exclusive new information about michael jackson's accuser that could be a big problem for prosecutors. Jackson was back in court today for the first time since being hospitalized. An attorney for both the prospective jurors. But once again, mike taibbbi joins us live with the details. Hi, mike.
MIKE: Hi, dan. How are you doing? The sexual molestation part of the case against michael jackson will rest almost completely on the credibility of his accuser, of his accuser's brother and sister and mother. And what we learned exclusively is that a prior allegation of physical abuse by the accuser, which later determined to be unfounded, and that other allegations of the abuse by the accuser and his family were simply never pursued. In march of 1996, when jackson's accuser was 7 years old, the boy became sick at school, but before his mother could be called, according to the father's lawyer --
FATHER'S LAWYER The boy broke down and started crying and saying I don't want you to call my mother because she'll beat me. She'll hit me.
MIKE: Documents obtained exclusively by nbc news show an investigation was begun by the department of children and family services into alleged abuse of the boy by his parents. But the boy changed his story and the allegation was declared unfounded.
FATHER'S LAWYER The same boy denied any hitting by the parents.
MIKE: Four years later, in 2000, as nbc news was first to report, the accuser's mother belatedly added on a charge that she'd just not been beaten, but had been sexual abused by a jc penney security guard after a shoplifting incident that lead to a lawsuit. The children backed her story in what a defense psychiatrist called clearly rehearsed testimony. But the sexual abuse charge was never mentioned in the amended complaint or a settlement jc penney's offered without admitting any wrongdoing.
JC PENNEY'S ATT: She just came up with this fairly tale -- not fairy tale, is a horror story and just ran with it.
MIKE: Then the next year, 2001, police responsed to an ugly argument that spilled into the street with the partner's bitter dwomples at first, his accuser and his siblings told the social worker they noticed no hitting, just yelling by their father over the years and not a lot of yelling. During this interview, the mother was away at work.
FATHER'S ATTORNEY: She was angered by the fact that they came out and spoke to her children without her being there.
MIKE: But days later, with their mother present, the boy and his siblings changed that story. Now it was daily beatings of all family members, punching, kicking, breaking bones, holding the mother's head underwater, constant threats to kill them all. The mother added weeks later that she'd observed the father inappropriately touching the couple's daughter and the daughter was much younger. A domestic abuse expert says the delay in making the sexual abuse charge doesn't diminish its believability.
DOMESTIC ABUSE EXPERT: It is actually quite typical for sexual abuse either of the adult or the child to be reported much later.
MIKE: But the father's attorney says he never heard one word about the sexual abuse allegation from anyone.
FATHER'S ATTORNEY: He was never charged. Never charged and I guess that it got as much attention from the prosecutors as we gave it. It was just a rant on her part. It was patently untrue.
MIKE: In the end, he advised the father to plead no contest to one charge of spousal abuse and one charge of cruelty to a child in exchange for a sentence of probation. No jail time, despite the dramatic allegations against him of sexual abuse and physical brutality. Now a protective orders in force bars the father from seeing his children. He is hoping to vacate that orders and expunge his no contest pleas for those two charges for which the court found there was evidence, one count of spousal abuse and willful cruelty to a child. Those convictions still stand. In the meantime, the prosecutor is pressing its motion to limb or bar any testimony about prior litigation involving the suspect's family. That testimony, the prosecution says, is being prejudicial, misleading and perhaps confusing to a jury. The defense, of course, dan, argues that that evidence would be completely relevant and on point.
DAN: Let's be clear. We talked a lot in the past about the mother making allegations, etc. What you uncovered today is that the boy himself made an allegation, correct, about his own mother abusing him.
MIKE: That is what the documents say. The boy made an allegation when he went to school that his mother beat him and that triggered, because he said that to a mandatory reporter, a dcfs investigator, which was then followed by a home visit, interview, the denial and finally the unfounding of the allegations.
DAN: Another take -- it takes inches off the boy's credibility. We know the boy's mother has problems. But the fact that he made accusations, I think prosecutors should be nervous. This case heads to trial. Joining us now, westchester head county D.A. And joe tacopina, recommending one of the co-conspirators in the case. Come on. You can talk about the mom. But the fact that the boy said my mom beat me, they came in and investigated, unfounded.
DA JANINE: It is important that they wanted to call the mother because of something that happened at school and he made this claim at the age of 7. You know what, dan? I don't think there's any question that the boy is from a dysfunctional family and the truth is the person doing the beating and the abusing was the boy's father. There was clearly abuse going on in that family. The father was convicted of being a batterer. He is convicted of being a child abuser. He was kept away from his children for 18 months, which means a judge felt that he was a threat to this boy. There is no question that this is a dysfunctional family. But that doesn't mean that this boy was not abused or that he is not credible anymore. And let me add one more thing, dan, before joe starts, and that is that jc penney, nor any other store, hands out $150,000 for a claim from a woman who was poor, who was basically disenfranchised unless there is some evidence. I mean, you can't even take an item back -- hold on -- without a receipt.
DAN: Right. But maybe they, you know, shouldn't have rougged her up. And she adds the claim of the sexual stuff later. That's the problem.
DA JANINE: But I'm sure that with a pat-down of this woman, and that's subject to interpretation, and I'm sure that allegation was made. We're not talking about having sexual intercourse. We're talking about a sexual abuse here, which is consistent with a woman feeling she is inappropriately -- bottom line, his father has been convicted of being an abuser and a child abuser and there is evidence that this father was not allowed to even see his children or even --
DAN: But, joe, this is him saying that his mother did it.
JOE: That's right, dan. Janine, as great as she is, is sounding like the prosecutor is going to sound in an apolicy jetic summation to this jury about why all these things really don't matter. I mean, they all matter terrifically, dan. Here is a case that is a he said-she said case, period, end of story. There is no independent, corroborative evidence. What you'll have here is this jury, to convict michael jackson, has to believe michael jackson or this boy or this boy's motor. And you have a pattern of them making serious allegation and recanting them. As in this case. Don't forget, it's not like you can go back and say, look, he made an al investigation of brutality against the mother and then recanted. Made an allegation of sexual abuse against the father, then recanted it.
DA JANINE: No, he didn't.
JOE: Yes he did.
DA JANINE: No, he didn't.
JOE: One of the allegation was he was sexually abusive and think recanted. In this case, Janine, they were investigated by la proposed, a great police department, who did an investigation, child welfare services, the division of lapd did an investigation about these claims and they said it never happened. That was on the record record, recorded.
DA JANINE: You and I both know, as a prosecutor, I've done this before, C.P.S. Can do an investigation, if they call it that. I've come back and found a conviction when they unfounded the case. That's not the issue. You have a boy who had cancer, lost his spleen and his kidney.
JOE: Oh, come on.
DA JANINE: Whoa, whoa, this is a boy with a certain amount of gravitas. You come on now.
JOE: This is not --
DA JANINE: He's corroborating what he's saying. You have all kinds of evidence, including videos and stuff that was seized pursuant to the search warrant that will corroborate, plus the 1993 victim as well.
DAN: Janine, if that comes in, I have to tell you, because I've always said that the 1993 case seems stronger than this particular case. Final question, Janine, if you're the prosecutor, you are in jury selection, heading to trial, another thing comes out, maybe they knew about it, maybe they didn't, about the boy having made allegations against his mom, does it make you nervous or not?
DA JANINE: No. It doesn't make me nervous at all.
DAN: Come on.
DA JANINE: No. There is no question this boy is from a dysfunctional family and a pedestrians file will pick a child from a dysfunctional family because he believes they won't be believed themselves and the proof in the pudding was the father was an abuser and the child abuser as well.
DAN: I have to wrap it, joe. You are coming back in the next segment. Janine, thanks. Last night, we told you about the terri schiavo case, the br beiept alive by a feeding tube. Today, some big legal developments. Is there any chance that the courts will prevent her husband from removing the tube?