Tag: LEGAL

A tentative ruling in the California Court of Appeal paves the way for the resumption of lawsuits filed by James Safechuck and Wade Robson—the two men who allege that Michael Jackson sexually abused them when they were children in the HBO documentary Leaving Neverland—against Jackson’s company MJJ Productions Inc, the Los Angeles Times reports and documents viewed by Pitchfork confirm. 

The company previously argued that they could not be expected to protect the children from Jackson because he was the company’s sole owner; in the tentative ruling, as three-judge panel stated that it was not excused from its duty to protect them, stating that “it would be perverse” to find they had no duty simply because the company had only one shareholder. The two plaintiffs had each filed suit separately, but the cases appear to be merged for the potential trial. 

“A sexual abuser’s passing does not deprive his victims of their day in court and, in turn, justice and healing,” Robson and Safechuck said in a statement provided by their attorney. “Jackson is not sued personally in this case—his company is, and his company will have every opportunity to defend itself in the trial. We are pleased that the Court of Appeal has taken its time and considered all of the facts and applicable law in these cases. We look forward to oral arguments next month and the eventual decision of the Court of Appeal.” Pitchfork has reached out to representatives for the defendants for comment.

Robson and Safechuck allege that Jackson’s staff were complicit in Jackson’s alleged grooming and sexual abuse, and aided in covering it up, calling them “co-conspirators, collaborators, facilitators and alter egos for the childhood sexual abuse alleged.” Employees allegedly bought gifts and toys for Jackson’s victims using company funds, including a credit card issued by MJJ Productions. The suit claims that MJJ Productions policies were designed to allow Jackson to be alone with children, and that security staff were instructed to keep their distance when Jackson had “play time” with children at his home. 

Wade Robson had previously denied that Jackson molested him, and testified in Jackson’s defense at the singer’s criminal trial in 2005. Robson first sued the Michael Jackson Estate in 2013, and Safechuck originally filed his suit against MJJ Productions Inc. and MJJ Ventures Inc. in 2014. Both suits were dismissed in 2017 because the statutes of limitations had expired. 

In 2019 Robson and Safechuck had their cases against Jackson restored due to a California law called the Phoenix Act, which has led abuse victims—including Evan Rachel Wood, who advocated for the legislation—to file new suits. The law allows alleged sexual abuse victims to file complaints up until the age of 40 (as opposed to the previous age of 26). It also gives alleged victims a three-year window to sue for past acts in which the statute of limitations had expired.

While the original suits were levied against the Michael Jackson Estate, a 2015 decision dismissing that aspect of the lawsuit will be upheld. The remaining defendants are MJJ Productions, Inc., and MJJ Ventures, Inc. 

If you or someone you know has been affected by sexual assault, we encourage you to reach out for support:

RAINN National Sexual Assault Hotline
http://www.rainn.org 
1 800 656 HOPE (4673)

Crisis Text Line
SMS: Text “HELLO” or “HOLA” to 741-741

YNW Melly has been in a Florida court this week, on trial for the alleged murder of two friends, with experts and witnesses providing testimony. The rapper born Jamell Maurice Demons, who pleaded not guilty in 2019, may face the death penalty if found guilty of first-degree murder. YNW Melly’s lawyer, David Howard, said in opening arguments that the state’s investigation had been “incompetent and incomplete,” arguing his client had no reason to kill his friends.

On Monday, the first day of trial, prosecutors presented the case they put forward upon the initial charges in 2019: YNW Melly shot and killed Christopher “YNW Juvy” Thomas Jr. and Anthony “YNW Sakchaser” Williams on Friday, October 26, 2018, in South Florida, and then staged the crime scene to look like a drive-by shooting. They cited surveillance video of Melly with his co-defendant, Cortlen “YNW Bortlen” Henry, as well as the two victims, in YNW Bortlen’s car when YNW Bortlen had claimed the shooting happened. Prosecutors also claimed that phone data, blood spatter evidence, and a bullet casing in the car indicate the four young men were together the night of the crime and that the victims were shot dead from inside the car, according to trial footage viewed by Pitchfork and updates from LawAndCrime.com.

Later on Monday, prosecutors played audio of YNW Bortlen describing the supposed drive-by shooting to a detective while under questioning; the detective told him there was no evidence of such a shooting at the given location. The prosecution also presented a brief Instagram exchange in which they argue YNW Melly admitted to the killing.

On Tuesday, two crime scene investigators described sweeping the Jeep that the state claims YNW Melly and YNW Bortlen used to stage the drive-by shooting. The defense’s cross-examinations ascertained that fingerprints gathered in such sweeps are not visible to the naked eye, and that not every item gathered was DNA-tested, due to relatively recent cost-saving measures. The defense additionally prompted one crime scene investigator to concede that she may not have changed her gloves when picking up different bottles of evidence, which could lead to a “small” risk of cross-contamination. The investigator said, however, she definitely changed gloves when moving between parts of the Jeep.

Wednesday’s hearing began with testimony about identifying shell casings from Broward Sheriff’s Office Crime Lab manager. Because no gun has been found, the prosecution failed to show that YNW Melly shot the victims—a point that the defense lawyer reiterated in cross-examination. The third day ended with prosecutors submitting evidence, including a photo of YNW Bortlen’s seemingly unblemished hands after the shooting, which, according to the defense, he narrowly avoided by ducking in the car when the assailants drove by.

On Thursday, the fourth day, the judge took a recess to hear the prosecution and defense’s arguments for and against, respectively, the admission of Snapchat videos as evidence; the defense claimed the videos, which show YNW Melly and friends goofing around, are innocuous.

Thursday also featured extensive testimony from Felicia Holmes, a registered nurse whose daughter, Mariah Hamilton, is said to have been dating YNW Melly when Christopher “YNW Juvy” Thomas Jr. and Anthony “YNW Sakchaser” Williams were killed in 2018. For much of her testimony, Holmes said that she could not remember the events of 2018 or subsequent statements she made to police. She also said she felt “threatened” by the state’s prosecutors.

The trial will recommence on Tuesday, June 20.

Slowthai has pleaded not guilty to two charges of raping a woman in 2021. The rapper entered the plea today (June 15) at a Crown court in Oxford, the English city where the two crimes—oral and vaginal rape—allegedly took place. Slowthai, born Tyron Kaymone Frampton, appeared in court alongside another man, Alex Blake Walker, who pleaded not guilty to two charges of rape and one of sexual assault. The trial is scheduled to begin on July 1, 2024.

Both were granted bail, on the condition that they keep their solicitors informed of where they are living.

Slowthai appeared in court for the first time on May 16, the first time the charges were publicized. Major UK festivals including Glastonbury had scrubbed his names from posters by the following morning, and his remaining shows have since been canned or postponed. On social media, Slowthai denied the charges.

If you or someone you know has been affected by sexual assault, we encourage you to reach out for support:

RAINN National Sexual Assault Hotline
http://www.rainn.org
1 800 656 HOPE (4673)

Crisis Text Line
SMS: Text “HELLO” or “HOLA” to 741-741

Federal prosecutors in Brooklyn have indicted a third man in connection with the 2002 shooting death of Run-D.M.C.’s Jam Master Jay, the New York Times reports. Jay Bryant, a 49-year-old resident of Queens, New York, was charged with murder while engaged in drug trafficking as well as other trafficking-related charges. Bryant was already in custody awaiting trial on a separate drug-related indictment. 

Jam Master Jay (born Jason William Mizell) founded Run-D.M.C. in 1983 with Joseph “Rev Run” Simmons and Darryl “D.M.C.” McDaniels. He was shot to death at 37 on October 30, 2002 in a recording studio in Jamaica, Queens. Prosecutors allege Bryant was seen entering the studio building just before the shooting, and that clothing with his DNA was found at the scene. 

Two men, Karl Jordan Jr. and Ronald Washington, were arrested in 2020 in connection to the shooting and indicted on similar charges of murder while engaged in drug trafficking. Jordan and Washington pleaded not guilty; their trial in scheduled to begin in January 2024. Washington had been named as a suspect as early as 2007.

In 2018, Netflix released ReMastered: Who Killed Jam Master Jay?, the third episode of its music documentary series, exploring the circumstances of his unsolved murder case.

Roger Waters is under investigation by German police for “incitement of the people” after wearing a satirical, Nazi-style costume on stage in Berlin, Reuters reports. The outfit was based on the fictional fascist officer Pink, whom Bob Geldof played in Pink Floyd’s 1982 film The Wall, a satirical critique of a society’s descent into fascism. Though Waters’ outfit did not explicitly replicate Nazi uniforms, which are illegal in Germany, police said it was “capable of violating the dignity of the victims, as well as approving, glorifying or justifying the violent and arbitrary rule of the Nazi regime in a way that disrupts public peace.” Waters’ representatives did not respond to a request for comment.

Waters, an outspoken critic of Zionism and Israel, faced political opposition to his German tour. Frankfurt’s local government attempted to ban his concert in the city, alleging that Waters’ “persistent anti-Israel behavior” amounted to antisemitism. Officials noted that some of the musician’s shows had incorporated a pig-shaped balloon adorned with the Star of David and various corporate logos. A court overturned the ban, on the basis that the performances can be “viewed as a work of art” and that Waters “did not glorify or relativize the crimes of the Nazis or identify with Nazi racist ideology.” Waters is scheduled to play in Frankfurt on Sunday, May 28.

UPDATE 5/27: On Friday evening (May 26), Waters shared the following statement on social media: 

My recent performance in Berlin has attracted bad faith attacks from those who want to smear and silence me because they disagree with my political views and moral principles. 

The elements of my performance that have been questioned are quite clearly a statement in opposition to fascism, injustice, and bigotry in all its forms. Attempts to portray those elements as something else are disingenuous and politically motivated. The depiction of an unhinged fascist demagogue has been a feature of my shows since Pink Floyd’s “The Wall” in 1980. 

I have spent my entire life speaking out against authoritarianism and oppression wherever I see it. When I was a child after the war, the name of Anne Frank was often spoken in our house, she becamea  permanent reminder of what happens when fascism is left unchecked. My parents fought the Nazis in World War II, with my father paying the ultimate price. 

Regardless of the consequences of the attacks against me, I will continue to condemn injustice and all those who perpetrate it.