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本帖最后由 luoyi0214 于 2009-9-27 09:03 编辑
这个庭外和解合同显示,杰克逊只在疏忽这一指控上进行和解,不包括儿童性骚扰这一指控。而疏忽在这里的定义是儿童精神上的压力或者是疏忽而导致的受伤,并不是娈童指控。合同强调钱德勒一家仍可以对mj提出性侵犯等指控,同时警察仍然保持对整个案子调查的权利。所有之前报道里说杰克逊因为怕被指控娈童而进行庭外和解的谣言都是误导。 在这个和约里,mj反复强调任何指控都是荒谬的,并坚称自己清白。并称他们一家人在说谎。在签这个和解书以后,mj仍然要接受警方的调查,并且不能逃脱任何娈童指控。
这个文章同时也合理,客观地指出了当时mj为什么进行这个庭外和解,是被这家人无奈的勒索。并指出如果你的孩子被人性侵犯了,你会在一份称自己是骗子的庭外和解上签字么。可钱德勒一家人就选择这么做了。在签订和解书以后,钱德勒一家仍可以针对性侵犯对mj进行指控。
The Settlement – Did Jackson admit to any wrongdoing?
For various legal, personal, professional, financial and practical reasons, Michael Jackson settled the civil lawsuit filed against him by his accuser’s family in 1993. The recently leaked settlement document reveals several interesting facts:
1) Michael Jackson denied any wrongdoing.
2) The boy and his parents could have still testified against Jackson in the criminal trial.
3) Jackson only settled over claims of negligence and not over claims of child molestation.
Tabloid reporter Diane Dimond, who leaked the details of the settlement, tried to make it seem as if Jackson admitted to molesting
the boy simply because he settled over the negligence allegation. Dimond pointed out that the original lawsuit said: “Defendant
Michael Jackson negligently had offensive contacts with plaintiff which were both explicitly sexual and otherwise.”
It is clear, however, from the wording of the settlement document, that the “negligence” allegation was redefined:
“Such claims include claims for bodily injuries resulting from negligence; whereas, Evan Chandler has made claims against Jackson
for bodily injuries resulting from negligent infliction of emotional distress; whereas, Jordan Chandler has made claims against Jackson for bodily injuries resulting from negligent infliction of emotional distress.“
Negligence has been defined in the settlement as the “infliction of emotional distress”; there is no mention of sexual abuse. Referring to the lawsuit’s definition of “negligence” is inconclusive because each legal document intentionally defines the terms to ensure that there is no misunderstanding. Furthermore, if the negligence allegation was directly related to the child molestation allegations, why did Evan Chandler also claim to be the victim of negligence?
OTHER INTERESTING EXCEPRTS FROM THE DOCUMENT:
“This Confidential Settlement shall not be construed as an admission by Jackson that he has acted wrongfully with respect to the Minor, Evan Chandler or June Chandler, or any other person or at all, or that the Minor, Evan Chandler and June Chandler have any rights whatsoever against Jackson. Jackson specifically disclaims any liability to, and denies any wrongful acts against the Minor, Evan Chandler or June Chandler or any other persons. The Parties acknowledge that Jackson is a public figure and that his name, image and likeness have commercial value and are an important element of his earning capacity. The Parties acknowledge that Jackson claims that he has elected to settle the claims in the Action in view of the impact the Action has had and could have in the future on his earnings and potential income.”
Jackson repeatedly asserts his innocence while the accusing family does not once maintain that the boy’s allegations are true.
“The Parties recognize that the Settlement Payment set forth in this paragraph 3 are in settlement of claims by Jordan Chandler, Evan Chandler and June Chandler for alleged compensatory damages for alleged personal injuries arising out of claims of negligence and not for claims of intentional or wrongful acts of sexual molestation.”
THE PAYMENT:
The document states that $15,331,250 was put into a trust fund for Jordan Chandler. Both of his parents, as well as their attorney Larry Feldman, got a cut of the settlement. (Barry Rothman and Dave Schwartz, two principle players in the case who were left out of the settlement, later filed their own individual lawsuits against Jackson). Eight pages detailing the payment were allegedly missing from Dimond’s copy of the settlement but according to Jackson’s current attorney, the negligence allegation included in the lawsuit prompted Jackson’s insurance company to step in and settle the case for him. This means that Jackson might not have paid the Chandlers anything. It also means that the insurance company most likely conducted their own investigation into the allegations and concluded that Jackson did not molest the boy; insurance companies generally do not settle if they believe the Defendant is liable. They will, however, settle for negligent behaviour.
DISMISSAL OF THE ACTION:
The document also shows that the Chandlers dropped the child molestation allegations from their complaint:
“Forthwith upon the signing of this Confidential Settlement by the Parties hereto, the Minor through his Guardian ad Litem shall dismiss, without prejudice, the first through sixth causes of action of the complaint on file in the Action, leaving only the seventh cause of action pending.”
“Upon the full and complete payment of all Settlement Payments… the Minor, through his Guardian ad Litem, shall dismiss the entire action with prejduice.”
The first through sixth causes of action were the sexual abuse allegations; the seventh cause of action was negligence. Again, Jackson settled over the family’s claims of negligence and not over their claims of child molestation.
WAS IT HUSH MONEY?
Finally, the document makes it clear that the Chandlers could have still testified against Jackson in a criminal trial:
“The Minor, by and through his Guardian ad Litem, and Evan Chandler and June Chandler , and each of them individually and on behalf of their respective agents, attorneys, media representatives, partners, heirs, administrators, executors, conservators, successors and assigns, agree not to cooperate with, represent, or provide any information, to any person or entity that initiates any civil claim or action which relates in any manner to the subject matter of the Action against Jackson or any of the Jackson Releases, except as may be required by law.”
The only stipulation in the settlement is that the parties could not testify about the allegations in civil court.
“In the event the Minor, the Minor’s Legal Guardians, the Minor’s Guardian ad Litem, the Minor’s attorneys, Evan Chandler or June Chandler, or any of them individually… receive a subpoena or request for information from any person or entity who has asserted or is investigating, any claim against Jackson… they agree to give notice in writing to Jackson’s attorneys regarding the nature and scope of any such subpoena request for information, to the extent permitted by law. This notice shall be given before responding to the request.”
The above paragraph makes it clear that the Chandlers were not prohibited from testifying against Jackson in a criminal trial, as long as they notified Jackson’s attorneys beforehand. Contrary to popular belief, the settlement did NOT silence anybody. It was the family’s own decision not to testify in the criminal case; they could have gotten money and justice but they only opted to take the money. |
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