/ 11 March 2005

Pyjama-clad Jackson risks $3m court penalty

The Michael Jackson trial descended further into farce on Thursday as the judge ordered the singer’s arrest when he failed to appear at court.

Told that he was at a nearby hospital ”with a serious back problem” the judge was unmoved, and gave the singer 60 minutes to appear or face jail and the loss of his $3-million bail bond.

When the star finally arrived an hour and 10 minutes late, he hobbled into court wearing slippers, a suit jacket over a T-shirt and pyjama bottoms.

After consultations with lawyers representing Jackson and the prosecution, the trial continued.

Jackson’s accuser, now 15, told the jury how the 46-year-old singer had twice masturbated him to ejaculation.

”He asked me if I masturbated and when I said I didn’t he said he would do it for me.” The two, who had been drinking alcohol, then got under the covers of Jackson’s bed, the boy alleged. ”That’s when he put his hands in my pants and started rubbing me.”

On the second occasion that Jackson masturbated him, the boy said, the singer had tried to get him to do the same to him. ”He grabbed my hand to get me to do it but I didn’t want to,” he said.

Under strong cross-examination from Jackson’s lawyer, Thomas Mesereau, the boy defended his statement that Jackson had not helped him through his cancer. As Mesereau detailed the gifts and hospitality offered by the singer, the boy replied that to him, then an 11-year-old boy, ”it felt like my heart broke” when Jackson stopped calling.

At the end of the day’s proceedings the judge ruled that Jackson could re-post his $3-million bail following his late arrival.

The mystery around Jackson’s initial non-appearance grew as a statement issued by the hospital implied the singer had not been seen by a doctor. ”Michael Jackson was at Santa Ynez Valley hospital in the emergency room,” read the statement. ”We don’t know why he was here. We don’t know when he was here. He left at approximately 8.45.”

At the end of the day, a member of Jackson’s legal team said the singer had been in pain after a fall at his home that morning. He said doctors had given the singer medication. The judge will spend today hearing legal motions.

When Jackson finally arrived at court yesterday he walked slowly, with help from a bodyguard. Without his normal make-up, Jackson’s skin appeared more orange than its usual white colour. His hair was dishevelled.

The boy also told the court how Jackson had given him alcohol on numerous occasions.

Under questioning from district attorney Tom Sneddon, the boy continued to give his version of events surrounding the broadcast of the Martin Bashir documentary, Living with Michael Jackson.

He said he held Jackson’s hand during filming at the singer’s behest. ”That was one of the things that Michael told me to do,” he said.

After the documentary was broadcast, he said Jackson phoned him and asked him to go to Miami, but Jackson was reluctant to allow the boy’s family to accompany him. ”He kind of got angry a little bit about my mum coming.”

He also testified that the singer had given him wine in a soft drink can in Miami and on the flight back to California.

Asked if he had drunk wine before, the boy replied: ”In church, but that’s about it.”

Jackson faces two charges of sexually molesting a minor, plus charges of giving alcohol to a minor to assist in the committing of a crime. He also faces conspiracy charges involving kidnapping, extortion and false imprisonment. – Guardian Unlimited Â