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Who Won't Be Testifying in Jacko's Defense
Tuesday, February 01, 2005
By Roger Friedman


AP Michael Jackson
After the first day of the Michael Jackson trial, you may be wondering who will testify for the defense. I can only tell you who won't: the five unnamed coconspirators in the district attorney's indictment. Ironically, they are the only people who really know anything about the case — probably even more than Jackson.
I told you recently that Vincent Amen's attorney told me he would not be testifying. But you can add to that list the other four as well: Marc Schaffel, Dieter Wiesner, Ronald Konitzer and Frank Tyson. Three of those four live outside of California and have no plans to go there any time soon. In state cases, witnesses who live out of state cannot be compelled into the courtroom by subpoena.
A number of potential witnesses are keeping it on the down low and staying beyond the jurisdiction of process servers. I'll tell you more about those names very shortly.
The weirdest part of the defense so far is the complete bypassing of Tyson. Many thought he might be able to help Jackson, but neither side has called the 24-year-old family friend and aide de camp. The mother of the 15-year-old accuser is expected to claim that Tyson and Amen restrained or kidnapped her family. But the two have been conspicuously absent from the case, so far. Jackson's attorney, Tom Mesereau, evidently feels it is best not to include them at all rather than have them be cross-examined.
Meanwhile, despite the many press reports I've read or heard in the last couple of days, let me reassure you that Michael Jackson still owns his own song catalog and half of the Sony/ATV Music Publishing company, aka "The Beatles catalog."
The New York Times, among others, got it wrong yesterday. One more time: Jackson and Sony are 50/50 partners in Sony/ATV. Michael borrowed $200 million against his half, then another $150 million, from Bank of America.
I am told that by the fall, when ownership of the catalog must be resolved, a new entity may be formed. But so far Jackson isn't selling to Sony or vice versa.
Roger Friedman.