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Jackson shakes up legal team
Geragos, Brafman out, replaced by Mesereau
By DAWN HOBBS
NEWS-PRESS STAFF WRITER
In an unexpected move, Michael Jackson dropped two high-profile
lawyers from his defense team Sunday and hired a lawyer who defended
actor Robert Blake in his murder trial.
Mr. Jackson's lead attorney, Mark Geragos, and co-counsel, Benjamin
Brafman, are being replaced by Los Angeles defense lawyer Thomas
A. Mesereau.
Mr. Jackson is to be arraigned Friday on child molestation charges
stemming from a grand jury indictment issued Wednesday.
Mr. Geragos confirmed the developments to the News-Press but declined
further comment.
Conflicts between the defense team and Mr. Jackson's family had
been brewing for weeks.
"This is a decision that was unavoidable under the circumstances,"
Mr. Brafman told the New York Times. "Mark Geragos and I are
stepping down — or as the Jackson camp is suggesting, being replaced.
The fact is, this point was coming to a head over a number of complicated
legal and practical issues that it would be inappropriate to discuss
at this time."
Mr. Geragos brought Mr. Brafman; Robert Sanger of Santa Barbara;
and Steve Cochran of Los Angeles onto Mr. Jackson's legal team in
January, right before the arraignment in which the entertainer entered
a not guilty plea to seven counts of lewd conduct and two counts
of administering alcohol to commit molestation.
Mr. Geragos was hired by Mr. Jackson more than a year ago. At that
time, he was already representing Scott Peterson, who is accused
of murdering his wife and their unborn child. Mr. Geragos, who has
earned a reputation as an aggressive lawyer who plays hardball,
has defended numerous celebrity and high-profile clients.
Mr. Sanger and Mr. Cochran are expected to remain on the defense
team. Mr. Sanger declined comment. Mr. Cochran could not be reached
for comment.
Mr. Cochran met with Mr. Mesereau and Mr. Jackson this weekend
in Florida, where the entertainer has recently been staying with
his children, sources said.
Mr. Jackson's brother Randy Jackson had reportedly wanted to hire
Mr. Mesereau from the beginning, but the attorney was tied up with
the Blake case until February, when he and his client parted ways
citing "irreconcilable differences."
Mr. Mesereau is a noted defender of the underprivileged and has
done much work for the African-American community.
Legal experts say the midstream change in attorneys should not
significantly affect the strength of the defense. Mr. Sanger and
Mr. Cochran can provide continuity to the defense while Mr. Mesereau
acquaints himself with the case.
"If you're going to bring someone new in, this is the time
to do it, now that you have an indictment," said Laurie Levenson,
professor at Loyola School of Law. "This happens in these high-visibility
cases."
Ms. Levenson suggested several explanations for the change:
"It could have been they lost confidence in their client or
their client lost confidence in them.... Maybe Jackson made representations
to Geragos and Brafman that are not as accurate as they'd like them
to be. I'm not sure we'll ever know the exact cause because most
of it would be covered by attorney-client privilege," she said.
"It could have been the race factor. Mesereau has a following
among black clients. He's certainly used to dealing with demanding
clients. He's an excellent lawyer, very detailed, very aggressive."
Stuart Backerman, former Jackson publicist, said the shake-up makes
sense: "In essence, it's a divide-and-conquer move by Michael.
Geragos, combined with the Nation of Islam, had total control of
his affairs.
"And obviously, someone had to deliver the bad news about
the indictment. It was likely a wake-up call for Michael, and maybe
he thinks there were mistakes and poor choices made.... From the
beginning Geragos told Michael this would never get to trial. Maybe
Michael just hasn't gotten the results he's wanted."
It's unclear exactly how this will affect Mr. Geragos' career.
When he took the case, Ms. Levenson commented he would become a
household name like O.J. Simpson attorney Johnnie Cochrane.
"We don't know if this is a blessing in disguise or a curse
until the case is over," Ms. Levenson said. "If Mesereau
wins, it would be a huge lost opportunity for Geragos. If he loses,
then Geragos got out while the getting was good."
Mr. Geragos' client list reads like a who's who in politics and
entertainment. He won two acquittals and a presidential pardon for
Susan McDougal in the Whitewater scandal. He's also defended rapper
Nathaniel Hale, aka Nate Dogg; Roger Clinton, the former president's
brother; Los Angeles City Councilman Nate Holden; and Rep. Gary
Condit.
Mr. Jackson hired Mr. Geragos last February about the time a documentary
by British journalist Martin Bashir aired. The video showed the
entertainer holding hands with the young man who is now his accuser
and commenting that he shares his bed with boys. On Feb. 14, 2003,
Los Angeles authorities launched an investigation into suspicions
of child molestation but closed the case a week later.
Then in June, the boy reportedly told his psychologist about the
alleged incidents of molestation during a therapy session. Santa
Barbara authorities then launched their own investigation. On Nov.
18, 2003, a convoy of law enforcement raided Mr. Jackson's Neverland
Valley Ranch. Two days later, Mr. Geragos flew to Las Vegas to meet
Mr. Jackson and accompanied him on a plane to Santa Barbara to surrender.
Even while his client was being booked Nov. 20, Mr. Geragos emerged
from the Santa Barbara County Jail to tell hundreds of reporters
that Mr. Jackson was innocent.
During his next press conference on Nov. 25, Mr. Geragos threatened
to retaliate legally if anyone unfairly attacked his client. He
went beyond lashing out at XtraJet, which videotaped him and Mr.
Jackson on their flight from Las Vegas, to targeting anyone who
wronged his client: "We will land on you like a ton of bricks....
We will unleash a legal torrent like you've never seen."
In December, Mr. Geragos allowed Mr. Jackson to be interviewed
on "60 Minutes."
It was during that show that Mr. Jackson rolled up his sleeves
to reveal bruises he claimed he received while being booked by Santa
Barbara County sheriff's deputies. The Attorney General's Office
is still investigating the case.
From there, Mr. Geragos has attended every court appearance in
the case, including the arraignment and various hearings on the
gag order, access motions and related grand jury hearings.
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