Victor Gutierrez is a freelance writer who appeared on the U.S.
tabloid television show "Hard Copy" to claim that there was a videotape of
Michael Jackson molesting a boy. Some background on his story can be found
in the book Jackson Family Values, by Jermaine Jackson's
ex-common-law wife, Margaret Maldonado. She writes that in early 1995,
" I received a telephone call from a writer named Ruth Robinson. I
had known Ruth for quite a while and respected her integrity. It made
what she had to tell me all the more difficult to hear. "I wanted to
warn you, Margaret," she said. "There's a story going around that there
is a videotape of Michael molesting one of your sons, and that you have
the tape."If anyone else had said those words, I would have hung up the
phone. Given the long relationship I had with Ruth, however, I gave her
the courtesy of a response. I told her that it wasn't true, of course,
and that I wanted the story stopped in its tracks.She had been in
contact with someone who worked at the National Enquirer who had alerted
her that a story was being written for that paper. Ruth cross-connected
me with the woman, and I vehemently denied the story. Moreover, I told
her that if the story ran, I would own the National Enquirer before the
lawsuits I brought were finished. To its credit, the National Enquirer
never ran the piece."Hard Copy," however, decided it would. "Hard Copy"
correspondent Diane Dimond had reported that authorities were reopening
the child molestation case against Michael. She had also made the
allegations on L.A. radio station KABC-AM on a morning talk show hosted
by Roger Barkley and Ken Minyard.Dimond's claims were based on the word
of a freelance writer named Victor Gutierrez. The story was an
outrageous lie. Not one part of it was true. I'd never met the man.
There was no tape. Michael never paid me for my silence. He had never
molested Jeremy. Period."
After the "Hard Copy" story aired, the LAPD told the Los Angeles Times
that they had seen no such videotape, they were not looking for it, and
there was no renewed investigation into molestation allegations. Michael
Jackson subsequently filed a $100 million slander lawsuit against
Gutierrez, "Hard Copy", and KABC-AM for perpetuating the story. None of
these parties ever produced the videotape or any evidence it existed.
Because Jackson's lawyers could find no sign of the videotape or the
origin of the tale, Los Angeles Superior Court Judge Reginald Dunn ruled
that Gutierrez was no longer protected by the California Shield Law, and
ordered him to name his source. Gutierrez did not, instead claiming that a
host of people, including Elizabeth Taylor and Los Angeles County District
Attorney Gil Garcetti, could verify the existence of the videotape (none
of these people in fact supported him). Consequently, on October 15, 1996,
Judge Dunn ruled that Gutierrez's story was false and that he had acted
with malice and was therefore liable for presumed and punitive damages
(the amount of which would be determined at a later date.) The writer then
fled to Mexico.
In October 1997, a legal action to assess the amount of "presumed and
punitive damages" to be paid to Michael Jackson by Victor Gutierrez was
delayed due to Gutierrez filing for bankruptcy. Mr. Jackson's lawyers
stated that the assessment of such damages would be determined and that
Gutierrez would not be protected indefinitely by his action.
On April 9, 1998 Michael Jackson won the slander suit against
free-lance writer Victor Gutierrez. A Los Angeles jury ordered Victor
Gutierrez to pay Michael Jackson $2.7 million for failing to prove the
existence of a videotape that allegedly showed Michael in an inappropriate
conduct with a young boy.
"We talked to the jurors afterwards," Michael's lawyer Mr. Modabber
said. "They said they wanted to send a message that they were tired of the
tabloids telling malicious stories about celebrities for money. They said
they hope this will send a message not to do this."
(Sources: Jackson Family Values, LA Times, Reuters, AP, Hollywood
Reporter) |