Jackson lawyers call for mis-trial as last witness 'folds on the stand'

AFTER ten weeks of lurid and sometimes questionable testimony, prosecutors rested their case against Michael Jackson yesterday.

Legal analysts, emerging from court after the final day of prosecution evidence, said that the State of California had failed to present a convincing case. The defence, led by Thomas Mesereau Jr, last night filed a motion for a mis-trial and acquittal. Among the first witnesses it plans to call today is Wade Robson, Britney Spears’ choreographer.

The last witness to be called by the prosecution was Rudy Provencio, a former employee of one of Mr Jackson’s closest aides. “If this witness is the heart of the conspiracy, then this case is a cardiac arrest,” said Jim Moret, a Los Angeles lawyer who covered the trial of O.J. Simpson for CNN. Stevie Wonder, Diana Ross and Elizabeth Taylor may appear for Mr Jackson, as may the former child star Macauley Culkin, who the prosecution insists is a former victim. Mr Culkin has always defended the singer in public. Given the weakness of the prosecution’s case, Mr Jackson, who denies all charges of child molestation, kidnapping and extortion, is not expected to give evidence.

Prosecutors had hoped that Mr Provencio, who formerly worked for Marc Schaffel, a gay pornographer and one-time member of Mr Jackson’s inner circle, would help to prove that Mr Jackson “kidnapped” his accuser’s family in February 2003. That was shortly after the singer admitted in a documentary by the British journalist Martin Bashir, that he regularly shared his bed with boys.

The accuser, Gavin Arvizo, then a 13-year-old cancer survivor, was featured in the film.

But Mr Moret, the legal analyst, said that Mr Provencio had “folded on the stand”, supporting the version of events presented by Mr Jackson and his aides.

Using more than six hours of testimony per day, with virtually no breaks for jurors, Tom Sneddon, the Santa Barbara district attorney, has attempted to portray Mr Jackson, 46, as a manipulative and deeply insecure paedophile who lured young boys into his bed by befriending the victims’ families.

The singer then allegedly plied the children with hardcore pornography and wine, or “Jesus juice”, in Diet Coke cans.

During the case, jurors heard from the accuser and his family; former Neverland employees who said that they witnessed other incidents of child abuse; and several police officers, one of whom presented the court with pictures of naked boys taken from books found in Mr Jackson’s home.

Mr Sneddon also presented evidence showing that Mr Jackson was effectively bankrupt on paper, giving him a motive to protect his livelihood by kidnapping the Arvizo family.

The defence countered with evidence that Mr Jackson was still probably a billionaire.

Legal analysts say the high point for Mr Sneddon’s team came when it was allowed to present former molestation allegations against Mr Jackson to the jury, even though the allegations had never been proven. In perhaps the most bizarre moment, Mr Jackson turned up to the courthouse in his pyjamas after being ordered by the judge to cut short a hospital visit. The court then listened to testimony about Gavin Arvizo being abused while wearing Mr Jackson’ s pyjamas.

During yesterday’s evidence, Mr Provencio described how Mr Jackson was always asking his aides for cash.

“When he needed money he would say he needed French fries,” Mr Provencio said. “Michael was always asking for cash. He needed his cash.” He also said that Mr Jackson had “two voices” which he used, depending on his mood. “There is the high voice you hear on television,” he said. “And then there is the upset voice; a deeper voice.”

The case continues.