Michael Jackson lawsuits alleging sexual abuse against boys revived by appeals court
Two men who allege Michael Jackson sexually abused them when they were boys should not have had their cases dismissed, judges at a US court have said.
Wade Robson and James Safechuck, who claim Jackson abused them for years, will now be allowed to pursue lawsuits against companies owned by the late singer.
It’s the second time the lawsuits – which were brought by Robson in 2013 and Safechuck in 2014 – have been brought back after dismissal.
Both men detailed their claims of abuse in the 2019 HBO documentary Leaving Neverland.
James Safechuck is pictured aged 10 with Jackson
Robson, now a 40-year-old choreographer, met Jackson when he was five years old. He went on to appear in three Jackson music videos.
His lawsuit alleged that Jackson molested him over a seven-year period.
Safechuck, now 45, said in his suit that he was nine when he met Jackson while filming a Pepsi commercial. He said Jackson called him often and lavished him with gifts before moving on to sexually abusing him.
A three-judge panel from California’s 2nd District Court of Appeal has now found that their lawsuits should not have been dismissed by a lower court.
Legal row over duty to protect children
A judge who dismissed the suits in 2021 found that the corporations – MJJ Productions Inc and MJJ Ventures Inc – who were both named as defendants in the case, could not be expected to function like the Boy Scouts or a church where a child in their care could expect their protection.
But the latest decision means that Robson and Safechuck can now validly claim the corporations had a responsibility to protect them.
Jackson, who died in 2009, was the sole owner and only shareholder in both companies.
In their report, the higher court judges wrote: “A corporation that facilitates the sexual abuse of children by one of its employees is not excused from an affirmative duty to protect those children merely because it is solely owned by the perpetrator of the abuse.”
They added: “It would be perverse to find no duty based on the corporate defendant having only one shareholder. And so, we reverse the judgments entered for the corporations.”
‘We remain fully confident Michael is innocent’
Jonathan Steinsapir, attorney for the Jackson estate, said they were “disappointed” by the decision.
Mr Steinsapir told The Associated Press: “Two distinguished trial judges repeatedly dismissed these cases on numerous occasions over the last decade because the law required it.
“We remain fully confident that Michael is innocent of these allegations, which are contrary to all credible evidence and independent corroboration, and which were only first made years after Michael’s death by men motivated solely by money.”
Vince Finaldi, an attorney for Robson and Safechuck, said in an email that they were “pleased but not surprised” that the court overturned the previous judge’s “incorrect rulings in these cases, which were against California law and would have set a dangerous precedent that endangered children throughout state and country. We eagerly look forward to a trial on the merits”.
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Mr Steinsapir had argued for the defence in July that it does not make sense that employees would be legally required to stop the behaviour of their boss, saying: “It would require low-level employees to confront their supervisor and call them paedophiles.”
He also said the parents of the boys had not expected company staff to monitor Jackson’s actions.
Holly Boyer, another attorney for Robson and Safechuck, countered that the boys “were left alone in this lion’s den by the defendant’s employees. An affirmative duty to protect and to warn is correct”.
In a concurring opinion issued with Friday’s decision, one of the panellists, Associate Justice John Shepard Wiley Jr, wrote that “to treat Jackson’s wholly-owned instruments as different from Jackson himself is to be mesmerised by abstractions. This is not an alter ego case. This is a same ego case”.
The judges did not rule on the truth of the allegations themselves. That will be the subject of a forthcoming jury trial in Los Angeles.
Jackson always denied any allegations he was involved in abusing underage boys.
His Neverland Ranch, in California, was sold in December 2020 for $22m (£16m).
Donald Trump has said he is considering “taking away” the US citizenship of actress and comedian Rosie O’Donnell, despite a Supreme Court ruling that expressly prohibits a government from doing so.
In a post on Truth Social on Saturday, the US president said: “Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship.”
He also labelled O’Donnell, who has moved to Ireland, as a “threat to humanity” and said she should “remain in the wonderful country of Ireland, if they want her”.
O’Donnell responded on Instagram by posting a photograph of Mr Trump with Jeffrey Epstein.
“You are everything that is wrong with America and I’m everything you hate about what’s still right with it,” she wrote in the caption.
“I’m not yours to silence. I never was.”
Rosie O’Donnell moved to Ireland after Donald Trump secured a second term. Pic: AP
O’Donnell moved to Ireland with her 12-year-old son in January after Mr Trump had secured a second term.
She has said she’s in the process of obtaining Irish citizenship based on family lineage and that she would only return to the US “when it is safe for all citizens to have equal rights there in America”.
O’Donnell and the US president have criticised each other publicly for years, in an often-bitter back-and-forth that predates Mr Trump’s move into politics.
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This is just the latest threat by the president to revoke the citizenship of someone he has disagreed with, most recently his former ally Elon Musk.
But the two situations are different as while Musk was born in South Africa, O’Donnell was born in the US and has a constitutional right to American citizenship.
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Amanda Frost, a law professor at the University of Virginia School of Law, said the Supreme Court ruled in a 1967 case that the fourteenth amendment of the constitution prevents the government from taking away citizenship.
“The president has no authority to take away the citizenship of a native-born US citizen,” he added.
“In short, we are nation founded on the principle that the people choose the government; the government cannot choose the people.”
A farmer who fell from a greenhouse roof during an anti-immigrant raid at a licensed cannabis facility in California this week has died of his injuries.
Jaime Alanis, 57, is the first person to die as a result of Donald Trump’s Immigration Compliance and Enforcement (ICE) raids.
His niece, Yesenia Duran, posted on the fundraising site GoFundMe to say her uncle was his family’s only provider and he had been sending his earnings back to his wife and daughter in Mexico.
The United Food Workers said Mr Alanis had worked on the farm for 10 years.
“These violent and cruel federal actions terrorise American communities, disrupt the American food supply chain, threaten lives and separate families,” the union said in a recent statement on X.
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The Department of Homeland Security (DHS) said it executed criminal search warrants at Glass House Farms facilities on Thursday.
Mr Alanis called family to say he was hiding and possibly fleeing agents before he fell around 30ft (9m) from the roof and broke his neck, according to information from family, hospital and government sources.
Agents arrested 200 people suspected of being in the country illegally and identified at least 10 immigrant children on the sites, the DHS said in a statement.
Mr Alanis was not among them, the agency said.
“This man was not in and has not been in CBP (Customs and Border Protection) or ICE custody,” DHS assistant secretary for public affairs Tricia McLaughlin said.
“Although he was not being pursued by law enforcement, this individual climbed up to the roof of a greenhouse and fell 30ft. CBP immediately called a medivac to the scene to get him care as quickly as possible.”
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Four US citizens were arrested during the incident for allegedly “assaulting or resisting officers”, the DHS said, and authorities were offering a $50,000 reward for information leading to the arrest of a person suspected of firing a gun at federal agents.
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In a statement, Glass House, a licensed Cannabis grower, said immigration agents had valid warrants. It said workers were detained and it is helping provide them with legal representation.
“Glass House has never knowingly violated applicable hiring practices and does not and has never employed minors,” it added.
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