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Nov 20, 2008 at 06:25 AM
Front Page arrow Entertainment arrow News arrow Jackson Lawsuit Dismissed
Jackson Lawsuit Dismissed Print E-mail
Written by Cybercast News (CNS), on 01-17-2008 01:23
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CNS - A lawsuit filed by a young man who alleged he was molested as a boy by Michael Jackson — and who also claimed he fathered the singer’s two oldest children and saw him dine with Fidel Castro — was dismissed this week by a judge. Los Angeles Superior Court Judge Rolf M. Treu granted a motion by Jackson’s lawyer, Thomas C. Mundell, to throw out the case after the 22-year- old plaintiff, Daniel Kapon, failed to show up for the scheduled start of Tuesday’s trial.

“I think the judge realized how crazy the lawsuit was,” Mundell said outside the courtroom.

Kapon never visited Jackson’s Neverland Ranch in Santa Barbara County as he claimed, and the entertainer did not know him, the lawyer said. Kapon’s lawsuit alleged Jackson “repeatedly and forcefully sexually molested” him starting in 1987, when he was 2, and lasting until he was 14. The case was originally filed in Orange County, but a judge transferred it to Los Angeles County in March 2006 at the request of Jackson’s lawyers.

In court papers filed Dec. 17, Mundell said Kapon made a series of unusual statements during his Dec. 11 deposition that undermined the validity of his case. Kapon claimed his mother married Jackson multiple times, and testified that the ceremonies were attended by Elizabeth Taylor, Celine Dion, Elton John, Paul McCartney, Beyonce Knowles and Diana Ross, according to Mundell’s court papers.

He said Kapon testified that his mother “was in Michael Jackson’s `Thriller’ music video. She helped Michael with a lot of his material, his songs, his music videos. Michael Jackson was madly in love with my mom.”

Kapon also claimed he fathered Jackson’s two oldest children, Paris and Prince Michael, by masturbating into a jar so his semen could be used to impregnate Jackson’s ex-wife Deborah Rowe, according to his deposition. Jackson specifically wanted Kapon to be the father of the two children, Kapon testified.

“He was obsessed with geniuses and blood lines and he told me that he wanted to continue my blood line, which he believed to be related to the Rothschilds,” Kapon testified.

Jackson wanted Kapon to have sexual intercourse with Rowe, but “it did not work out,” he testified. Kapon also testified that one of Jackson’s other lawyers, Marshall L. Brubacher, was conspiring with disgraced private investigator Anthony Pellicano and “other associates of Michael Jackson” to “kidnap me and make my life a living hell.” According to additional Kapon deposition testimony, he said he saw Jackson dining with Castro in New York City, Mundell’s court papers state.

“These are not good-faith deposition answers,” Mundell wrote. “They are the ravings of an unbalanced celebrity stalker.”

Treu granted a motion by Barry Fischer, Kapon’s most recent attorney, to withdraw his representation Jan. 10 after his client stopped communicating with him in late November. Kapon’s mother stated he was homeless and living in a car, Fischer said in his court papers.

“I do not know if he is ill, dead or simply refusing to respond,” Fischer wrote.

The lawyer filed a “missing persons report” with Los Angeles police on Jan. 3, a copy of which was attached to his motion.

In December 2006, Treu threw out Kapon’s allegations of childhood sexual molestation, intentional infliction of emotional distress, plagiarism, conversion, breach of contract, accounting, fraud, negligence, civil conspiracy and unfair business practices. However, Treu ruled then that case could to trial on allegations of battery, willful misconduct, assault and false imprisonment, along with a sexual battery cause of action that Brubacher did not move to dismiss.

Kapon’s court papers alleged the false imprisonment occurred when Jackson confined him for “multiple periods” from 1987 to late 1991 at Neverland Ranch, as well as homes in Encino and Woodland Hills. Kapon also claimed he was occasionally confined inside a car, against his will, by Jackson; that the singer stuck his tongue down Kapon’s throat, masturbated him and anally penetrated him by force; and that Jackson gave him drugs and alcohol and subjected him to unnecessary cosmetic surgery, as well as burning, torturing and beating him.

Along with the abuse claims, Kapon alleged Jackson misappropriated his song ideas, lyrics and melodies during the time in which the pop star wa recording` `Bad,” released in 1987, “Dangerous,” released in 1991, “HIStory, released in 1995, and “Blood on the Dance Floor,” released in 1997.

Treu previously dismissed Sony BMG Music Entertainment and Sony Music Holding Inc. as defendants. Kapon alleged they shared responsibility with Jackson for stealing his music ideas and for breaching a contract.

Jackson was acquitted in 2005 of child molestation charges brought by a teenage boy, and some years ago reached an undisclosed, but reportedly multimillion-dollar settlement with another boy who alleged he was molested by the pop star.

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