Day 2 of Michael Jackson Trial
UNIDENTIFIED MALE: There was one night</s>COOPER: Yes,</s>TED ROWLANDS, CNN CORRESPONDENT (voice-over): According to observers, Michael Jackson wept in court while watching video of himself dangling his infant son over a hotel balcony in Germany.</s>MICHAEL CARDOZA, LEGAL ANALYST: He reached for a tissue paper, dabbed his eyes, dabbed his nose, a number of times. That went on for about 10 minutes. Though he had very much of an emotion reaction.</s>ROWLANDS: Jurors were shown the British documentary "Living With Michael Jackson." This is a version shown in the United States on ABC, jurors saw a slightly different version aired in Europe. While Jackson may have wept during some of the documentary, at the beginning of it, he seemed up beat, moving back and forth in his chair to his music.</s>STEVE CARBETT, "SANTA MARIA TIMES": "Thriller," he move, he nodded, he bopped. "Billy Jean," he moved, he nodded, he -- he seemed enthralled and somewhat disconnected with the fact that he's on trial for a very, very serious, serious crime.</s>ROWLANDS: The first prosecution witness was Martin Bashir who produced the documentary. In a contentious exchange during cross examination, Bashir refused to answer a number of questions from Jackson's attorney, Thomas Mesereau, citing the California Shield Law, which give journalist the right not to answer certain questions. Before the documentary was played, the defense finished opening statements. Defense Attorney, Thomas Mesereau, told jurors that investigators couldn't find any of the victim's DNA in Jackson's room at his Neverland Ranch saying, that proves there was no abuse. Mesereau spent most of his time hammering away at the victim's mother, insinuation, she's behind the sexual molestation accusations. Mesereau said the mother turned against Michael Jackson only after she realized he wasn't going to support her and her family. Mesereau told jurors, "When she realized she couldn't make millions one way, she looked for another way, and here we all." When levering the courthouse, Jackson had this to say when asked by reporters how are you as feeling.</s>MICHAEL JACKSON, ENTERTAINER: Angry.</s>ROWLANDS: At one point today, Jackson's attorney, Thomas Mesereau, seemed to indicate to jurors, that Jackson will take the stand at one point. He said Michael Jackson will tell you he had a bad feeling. We're talking about this family. Clearly, indicating to jurors that Jackson may, at one point, take the stand here. Obviously, that will be a decision that is made once the defense starts their case -- Anderson.</s>COOPER: Ted Rowlands, thanks for that. Appreciate it. CNN senior legal analyst, Jeffrey Toobin, was inside the courthouse all day. He joins us now from Santa Maria, California. Jeff, thanks for being with us. Is Michael Jackson really going to take the stand?</s>JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST CORRESPONDENT: Boy, I was -- I really sort of jumped when Tom Mesereau said that in court twice. He said Michael Jackson will tell you. It's possible.</s>COOPER: It could be a figure of speech, though.</s>TOOBIN: It could be, and it was less than an iron clad commitments. Based on everything I have seen, and just a pattern here, I think it would be extremely unlikely that he will take the witness stand, especially because he has such a defensible case here without taking the stand himself.</s>COOPER: The jury saw the entire documentary on Jackson today. The documentary that really started it all. It shows him holding the hand of his alleged victim. As the jurors watched it, how did they respond.</s>TOOBIN: Well, you know, it was one of the weirdest things I've ever seen in a court room. Because you know, he's in a courtroom. You have strict rules of evidence, about what can be said, and hearsay, and here you have this crazy TV show played for the jurors. And you know, the jurors were laughing at parts of it, when Martin Bashir tried to dance along with Michael, they were laughing. Everybody seemed to enjoy the music. Michael was tapping his feet, a lot of people in the audience were tapping their feet. But you know, I think, on balance, it wasn't as incriminating as I remember it. There -- of course, is this part at the end, where Jackson is with the boy who is the accuser in this case. And he says he thinks it's appropriate to sleep in the same room with boys. But repeatedly, he does says there was no sexual contact, that this was not sexual thing. So on balance, it wasn't as incriminating as I remembered it.</s>COOPER: The defense admitted, though, that Jackson reads, I think what they refer to as, girly magazines, which is sort of a 1950s term, I think. But I think the girly magazines are "Hustler" and "Playboy." I guess -- I mean, very important for them to do that, since I guess that's going to be introduced into evidence later on, anyway.</s>TOOBIN: Right, and Michael Jackson's fingerprints are on the magazines, so they can't very well deny it. But what he did say, and this is one of the times he said, Michael Jackson will tell you, that he caught his accuser and his brother sneaking into his stash of girly magazines. So the defense's explanation is going to be, he didn't give the magazines to the kids, they took them without his permission.</s>COOPER: The -- I mean, a lot of this will boil down to time line. The time line of this. The accusation is that it's after that documentary aired that the molestation occurred.</s>TOOBIN: And that was one of the most effective parts of Tom Mesereau's opening, I thought. Because here he said, look, the defense claims that this documentary sent Michael Jackson into a tizzy, a frenzy of preparations. You know, he hired lawyers, he hired P.R. people, the D.A. was investigation, the county was investigating, it is only then, according the prosecution, that he starts abusing this boy. It does seem peculiar. Now it's not impossible. But it is certainly odd, that Michael Jackson, having spent years with this kid, would suddenly start abusing him at the moment he becomes a suspect.</s>COOPER: All right. Jeffrey Toobin, thanks very much. We're going to hear a lot about that time line later on. Thanks, Jeffrey. 360 next, the BTK suspect in court. Tonight, we take you beyond the headlines. Here from a woman who says, she was one of the lucky ones who got away from his grasp. And a little later, a doctor who helped those fighting a deadly disease, finds himself in the same fight. He has the same disease he has been treating people with all these years. He's now effectively a medical guinea pig, hoping to save his life and others.