Michael Jackson tried to close the door on a 1993 claim of child molestation when he paid millions to a young accuser, but a court hearing in his current trial could resurrect those allegations.
Judge Rodney S. Melville is to decide after a hearing Monday whether prosecutors may introduce past claims to show jurors a pattern of alleged abuse.
"It's like a nuclear bomb in this case," said Jim Hammer, a former San Francisco prosecutor. "(Jurors) are trying to do the right thing and if they see two or three kids say the same thing ... the odds that they will convict him will go up astronomically."
The jury has been told of the 1993 allegations by a then-13-year-old boy, but the judge has discretion about what details become evidence. He could allow testimony by the silenced accuser, and also could let prosecutors say if there were other settlements. NBC's "Dateline" has reported that the singer paid $2 million to the son of an employee at his Neverland Ranch in 1990.
Jackson has said repeatedly that he would never harm a child and that he reached civil settlements in the past only to avoid potential harm to his career.
In an interview with the Rev. Jesse Jackson on Sunday, the pop star said he was the victim of a conspiracy and is just the latest of several "black luminaries" to be unjustly accused, citing former South African President Nelson Mandela and former heavyweight boxing champions Muhammad Ali and Jack Johnson as others.
He asked fans for their prayers and to "be patient and be with me and believe in me because I am completely, completely innocent. But please know a lot of conspiracy is going on as we speak."
If earlier abuse allegations are used to show a pattern of behavior, the defense is ready with a counter-argument that the current accuser's family used the 1993 case as a model for a shakedown.
Defense attorneys have already made sure jurors know that both boys had the same attorney, Larry Feldman, and were interviewed by the same psychologist, Dr. Stan J. Katz.
Law allows for testimonyThe 1993 accuser refused to cooperate with a criminal investigation of his claims after he received his financial settlement.
"The defense is saying that was the motivation," said Dana Cole, a defense attorney following the case. "It really does provide the motivation for the family ... to do what they're doing if you assume their allegations are false."
California's evidence code allows admission of evidence about past allegations as long as the investigative value outweighs any prejudicial effect it could have on jurors.
In a trial that has already included days of prosecutors showing jurors dozens of adult magazines seized from Jackson's home, admission of any evidence from the 1993 case could create yet another embarrassment.
Investigators photographed Jackson's genitals in an attempt to corroborate the 1993 accuser's description of what he said were distinctive markings. If that accuser were called to testify, the photographs could be among the evidence.
Jackson is accused in the current case of molesting a 13-year-old former cancer patient, plying him with wine, and holding his family captive so they could help him rebut a British documentary, "Living With Michael Jackson."
That documentary, which was broadcast in the United States on Feb. 6, 2003, featured Jackson and his current accuser holding hands, and includes the singer's admission that he has shared his bed with children, although in a non-sexual way.