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The New York Times In America

December 10, 2003

Official Memo on Jackson Casts Doubt on a Charge

By CHARLIE LeDUFF

LOS ANGELES, Dec. 9 — Child welfare officials in Los Angeles County do not believe that Michael Jackson molested the 12-year-old boy who claims that Mr. Jackson abused him while he was a sleep-over guest at the Neverland ranch, a leaked internal memorandum shows.

The Santa Barbara County Sheriff's Department booked Mr. Jackson on charges of child molestation on Nov. 20, but the county district attorney has yet to file formal charges in the case.

The memorandum, which came from the desk of an administrator at the Los Angles County Department of Children and Family Services, said that a joint investigation conducted in mid-February by the agency and the Los Angeles Police Department turned up no proof of molestation.

"As per the sexual abuse allegations, the mother stated that her children are never left alone with the entertainer," the memorandum said. "She further stated that her son has slept in the same room as the entertainer but they did not share a bed. The entertainer would sleep on the floor."

Neil Zanville, a spokesman for the Department of Children and Family Services, confirmed that the memorandum was authentic but said he could not comment on its contents.

The children's department investigation began after the boy, a cancer patient, appeared in a television documentary holding hands with Mr. Jackson and saying he often slept in the entertainer's bed.

Mr. Jackson said in the film, "The most loving thing to do is to share your bed with someone," and an official from the boy's school who saw it telephoned an abuse hot line, according to the memorandum.

The boy's mother said that the news media had taken their relationship out of context and that Mr. Jackson was like a father to her children, the memorandum said.

Furthermore, it said the boy, his brother and sister all denied that anything improper happened when they stayed at the ranch.

The sister, then 16, told investigators that "she had accompanied her brothers on sleepovers at the entertainer's home and had never seen anything sexually inappropriate between her brothers and the entertainer."

The memorandum, first made public by The Smoking Gun Web site (www.thesmokinggun.com) does not say if the authorities tried to interview Mr. Jackson.

A spokesman for the Los Angeles Police said the department was trying to determine its involvement in the case and had no comment.

Prosecutors in Santa Barbara, who are expected to officially charge Mr. Jackson with multiple counts of child abuse next week, said they were aware of the Los Angeles investigation and did not expect it to hamper their case.

"The report and its contents, along with the totality of the investigation and the timing under which the statements were given, were provided to the judge at the time the search and arrest warrants were issued," Tom Sneddon, the Santa Barbara County district attorney, and Sheriff Jim Anderson said in a joint statement.

"Given what we know, we do not consider the D.C.F.S. statement a significant factor," they said.

The strength of Mr. Sneddon's case has recently been called into question; he has twice delayed officially charging Mr. Jackson. He has also apologized for his flippant behavior at a news conference announcing the arrest warrant and has set up a tip line to field calls from people with similar complaints about Mr. Jackson.

Mr. Jackson's representatives were quick to seize upon the memorandum. "It's in keeping with what we said from the beginning: there is no merit to allegations," said Stuart Backerman, the official spokesman for Mr. Jackson. "It's just more vindication."

The children's department investigation lasted for two weeks in February. Yet the memorandum was dated Nov. 26, nine months after the investigation ended and six days after Mr. Jackson was booked. Mr. Zanville, the spokesman for the department, said he could not comment on the timing of the memorandum.

Mr. Jackson is free on $3 million bail and has called the accusations "a big lie." His arraignment is scheduled for Jan. 9.


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