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Jail Mandatory in Filed Jacko Complaint

Los Angeles- Michael Jackson was charged yesterday with molesting a 13-year-old cancer survivor seven times and subjecting the boy to “substantial sexual conduct.”

The allegations in the nine-count complaint are so serious that jail time could be mandatory if the world-famous pop star is convicted, prosecutors said.

Jackson’s camp responded to the filing with a blistering attack on his young accuser and the veteran district attorney who’s bringing the sensational case.

“What we have here is an intersection between a shakedown – someone who is looking for money – with somebody doing an investigation who has an ax to grind,” defense attorney Mark Geragos growled.

He said the boy fabricated the kiddie-sex story in the hopes of a big payday – like the $20 million settlement another accuser won in 1993.

And he suggested Santa Barbara County District Attorney Tom Sneddon, who investigated Jackson in 1993 but saw his case collapse, was out for revenge.

“Michael Jackson is unequivocally and absolutely innocent of these charges,” Geragos said.

Jackson, 45, was arrested and released on $3 million bail Nov. 18, but the specific charges were not unveiled until yesterday.

He was hit with seven counts of committing a lewd act on a child, and two counts of plying the boy with an “intoxicating agent,” believed to be wine.

Five incidents happened between Feb. 7 and March 10, while the other two occurred between Feb. 20 and March 10, the complaint alleged.

The DA also tacked on a “special allegation” that Jackson had “substantial sexual conduct” with the boy.

No details were given, but legal experts said that means Jackson allegedly did more than fondle the child on sleepovers at his Neverland Ranch.

“It could mean oral sex, anal, or masturbation,” said Laurie Levenson, a professor at Loyola Law School in Los Angeles.

The only other new information in the complaint was the timing of the alleged sex sessions in relation to a probe of Jackson by Los Angeles child-welfare workers.

After the boy appeared in a Feb. 6 television documentary about Jackson, the L.A. Department of Family and Children Services opened a file.

Sometime between Feb. 14 and Feb. 27, investigators questioned the boy about his relationship with Jackson, and he told them nothing inappropriate had ever happened.

Although the defense seized upon that as proof the boy’s accusation is not to be believed, the complaint suggests at least some of the abuse happened after L.A. closed its case.

At a courthouse press conference yesterday, Sneddon dismissed the L.A. probe as nothing more than an “interview” and bristled at the implication his case is weak.

He later said the child, who is now 14 and in remission, will take the stand against Jackson. He also defended the credibility of the boy and his mother.

“They have repeatedly said they are not interested in money,” he wrote in a statement.

Jackson, who has been in seclusion since his arrest, did not appear in public. He is due in court Jan. 16 for arraignment.

Tomorrow night, the self-styled Peter Pan is expected to return to Neverland for a reunion of sorts.

“It’s a private gathering of friends and family to support Michael and welcome him home, but it’s not a party,” spokesman Stuart Backerman said.

Afterward, Jackson plans to jet off to England for a week.

The DA’s office agreed to return his passport for the trip so he could promote his newly released greatest-hits album.

– Jacko is charged with lewd and lascivious conduct. Is that a serious crime or just a misdemeanor?

It can range from watching pornography with a minor to touching, but the prosecutor has said Jackson’s case involves “special allegations,” which he describes as “substantial sexual conduct.”

– Could Jackson end up in prison?

Oh, yeah. If convicted, he could face up to eight years on each of the seven counts. The substantial sexual conduct charge could make him ineligible for parole.

– What is Jackson’s defense?

He insists he’s innocent and his legal team points out that the boy, his mother and siblings have all made signed and videotaped statements clearing Jackson of any wrongdoing.

The boy and his family also may have credibility problems. The kid was accused of trying to steal clothes from a JCPenney on orders from his father when he was just 8. And the boy’s father has said his mother has a Svengali-like hold on the kids and can force them to lie.

In addition, an allegation of sexual misconduct by Jackson was investigated by Los Angeles child welfare workers and determined to be unfounded.

– Does the prosecution have a strong case?

You can’t know because the DA hasn’t made his evidence public. He may have physical evidence, a letter, photographs or a witness he hasn’t revealed.

The DA discounts the family’s signed affidavits and videotaped testimonials to Jackson’s innocence, suggesting the crimes occurred after they spoke. He also dismissed the probe by the Los Angeles child welfare workers, saying it wasn’t an investigation, only an interview. In addition, the family’s credibility may be bolstered by the fact that there is no indication at this point they are suing Jackson for cash.
 

 

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