Victor Gutierrez Articles

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Michael Jackson's Victory

by Joal Ryan
Apr 10, 1998, 7:25 AM PT

A jury looking to "send a message," sent it loud and clear--vindicating Michael Jackson and awarding him $2.7 million in a slander suit against an author who claimed he'd seen a video showing the pop star having sex with a boy.

The verdict came down Thursday in a Los Angeles courtroom.

"Jurors told us that they not only wanted to compensate Mr. Jackson and punish Victor Gutierrez, but to send a message that they are tired of tabloids lying about celebrities for money," Jackson's attorney Zia Modabber told Associated Press.

Victor Gutierrez is the freelance writer sued by Jackson.

The singer filed suit in 1995, seeking $100 million in damages.

Jackson's complaint alleged that Gutierrez told Hard Copy reporter Diane Dimond that he'd seen a 27-minute video of the King of Pop in a compromising position with a boy. Dimond later repeated those comments on a Los Angeles TV station, the suit said.

During the trial, Gutierrez said another boy's mother had shown him the tape. But he refused to produce any evidence of the X-rated footage. He invoked a California law that allows reporters to protect sources.

In the end, even Gutierrez's attorney said "some of the jurors wanted to send a message to tabloids."

Gutierrez is the author of Michael Jackson Was My Lover, a book that claims to be the "secret diary" of the 13-year-old boy whose family once sued the singer for sexual molestation.

Jackson denied any wrongdoing. He settled the suit out of court in 1994. A criminal investigation into the case ended without any charges being filed.

Jackson, 39, recently welcomed the birth of his second child--a daughter--by wife Debbie Rowe.

Source: http://www.eonline.com/News/Items/0,1,2828,00.html

 

[whisperAdmin]

Who is Victor Gutierrez and why did Michael sue him?

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)

 

[whisperAdmin]

October 16, 1996

Journalist must pay damages to Jackson, judge rules
LOS ANGELES (AP) -- Michael Jackson won a slander lawsuit against a freelance journalist who said he saw a videotape of the singer having sex with a 13-year-old boy.

Superior Court Judge Reginald Dunn had ordered Victor Gutierrez to identify who showed him the tape. The judge ruled Tuesday that Gutierrez must pay damages to Jackson for failing to obey the order.

A jury will determine the amount at a trial set for June 23.

"Mr. Gutierrez and his lawyer have thumbed their noses at the court and all the parties involved in this case for two years, and it all caught up to them today," Jackson lawyer Zia Modabber said. "The judge just said, 'Enough."'

Jackson sued Gutierrez after the writer appeared on the TV magazine show "Hard Copy" in January 1995 and claimed he viewed the 27-minute videotape.
"Hard Copy," the show's parent company, Paramount Pictures Corp., and reporter Diane Dimond still face trial in the $100 million lawsuit.

Jackson's lawyers said Gutierrez refused to reveal who showed him the video during depositions earlier this year. On June 5, the judge ruled Gutierrez was no longer covered by California's shield law, which protects journalists from having to reveal sources.

Gutierrez's attorney, Robert E. Goldman, said the writer will "stand and fall on the truth" of his story.

"He chooses to protect his sources instead of himself," Goldman said.
In September 1994, prosecutors declined to file child molestation charges against Jackson because his teen-age accuser refused to cooperate following an out-of-court settlement worth a reported $15 million.

Source: http://www.canoe.ca/JamMusicMichaelJackson...16_jackson.html

 

[whisperAdmin]

September 7, 1996
Jackson slander suit goes to trial next year

LOS ANGELES (AP) -- Michael Jackson will get his day in court to press a slander lawsuit against a freelance writer who claimed he watched a videotape showing Jackson and a teenage boy having sex.

But Jackson will have to wait until next summer.

The pop star -- who was investigated for alleged child sexual abuse but never charged -- sued Victor Gutierrez for slander, contending he lied when he said he'd seen a 27-minute video of the purported encounter.

The $100 million US suit also named the syndicated tabloid program Hard Copy, its parent, Paramount Pictures Corp., and Diane Dimond, the show's senior correspondent who reported about the tape in January 1995.

The Trial will begin June 23, 1997.

In June, Superior Court Judge Reginald Dunn ordered Gutierrez to reveal his source, but he refused, saying he had a confidentiality agreement.

Source: http://www.canoe.ca/JamMusicMichaelJackson...sep7_mikey.html

 

[whisperAdmin]

Jacko Wins Slander Suit
(LAUNCH, 04/13/1998 3:00 AM)

By Bruce Haring

(4/13/98) - A Los Angeles Superior Court jury has awarded Michael Jackson $2.7 million in damages in his defamation-of-character suit against an author of a controversial book.

Victor Gutierrez, whose Michael Jackson Was My Lover spawned the suit, told reporter Diane Diamond of TV's Hard Copy that he had seen a 27-minute video of Jackson having sex with a boy. Gutierrez refused to reveal who his sources were that showed him the tape.

Jackson attorney Zia F. Modabber said the jury "wanted to send a message that tabloid journalism has gotten out of control." He said that he would ask the bankruptcy court that Gutierrez is likely to file in not to wave the judgment as part of the bankruptcy.

Source: http://launch.yahoo.com/read/news.asp?contentID=159053

 

[whisperAdmin]

Jury Issues $2.7 Million Defamation Verdict to Michael Jackson

A jury in Los Angeles found Victor Gutierrez liable for defamation after he refused to provide evidence that he had a tape of Michael Jackson having sex with a young boy. The TV show Hard Copy, which broadcast the allegation, and producers at ABC TV and Paramount were dismissed prior to trial. Gutierrez had earlier authored a book, entitled, "Michael Jackson Was My Lover", for which he was unable to find a publisher. The defense was based on California’s shield law protecting journalists who refuse to divulge their sources. Jackson sued for $100 million, but said he was content with $2.7 million in compensatories. (Reuters, April 9, 1998)

Source: http://www.iltla.com/vested/may98/tort.htm

 

[whisperAdmin]

Michael Jackson's $100 Million Slander Suit Delayed

Tuesday, October 28, 1997
ASSOCIATED PRESS

LOS ANGELES - A judge has delayed Michael Jackson's $100 million slander suit against a free-lance writer because the defendant filed for bankruptcy protection.

The bankruptcy filing by Victor Gutierrez automatically put on hold the trial that had been scheduled to begin this week, Superior Court Judge Reginald Dunn said.

``He is now protected from all creditors. That includes Michael Jackson,'' Gutierrez attorney Robert Goldman said.

The lawsuit stemmed from allegations that Gutierrez told a ``Hard Copy'' reporter that there was a video of Jackson having sex with a 13-year-old boy.

In May, Dunn dismissed most of Jackson's suit against ``Hard Copy.''

In 1994, Jackson reached an out-of-court settlement in a molestation lawsuit stemming from his friendship with a then-13-year-old boy. Jackson has repeatedly denied the allegations.

Source: http://www.blackvoices.com/news/97/10/28/story04.html

 

[whisperAdmin]

Robb, David. "$2.7 Million to Jackson for Free-Lancer's Sex-Tape Lie." Hollywood Reporter. 13 Apr. 1998.


Hollywood Reporter
$2.7 million to Jackson for free-lancer's sex-tape lie
Jurors wanted to 'send message' to tabs
by David Robb
Monday, April 13, 1998

LOS ANGELES () - Pop star Michael Jackson has chalked up another court victory, this time in a defamation suit he brought against a free-lance journalist who told "Hard Copy" that he had seen a tape of Jackson having sex with a young boy.

On Thursday, a Los Angeles Superior Court jury awarded Jackson $2.7 million in compensatory and punitive damages after a three-day trial. Superior Court Judge Reginald Dunn had already determined that Victor Gutierrez's story was false and that Gutierrez knew it was false when he told it to "Hard Copy."

The jury's task was to determine the amount of damages.

"Victor Gutierrez claimed to have seen a videotape of Michael having sex with a boy," said Jackson's attorney, Zia Modabber. "He claimed he was shown the tape by the boy's mother. But the tape never existed. The mother testified that the incident never happened. The guy made the whole thing up, and we sued him for it." Paramount, which produces "Hard Copy," was dismissed from the suit last year. So too were former "Hard Copy" correspondent Diane Dimond and producer Stephen Doran. Jackson is appealing their dismissal from the case.

"We talked to the jurors afterwards," 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."

Gutierrez may appeal, said his attorney, Robert Goldman, who maintained that the case was lost because Gutierrez refused to identify his confidential source. "Before the trial began, the court ruled that the story was false because Victor refused to reveal his allegedly confidential source for the story," Goldman said. "The jury was told the story was false without being told why."

Modabber laughed at that assertion. "Gutierrez told a D.A. Investigator and two witnesses who testified at the trial that the boy's mother was his source," Modabber said. "He told anyone who would listen. The only people he would not tell were the ladies and gentlemen of his jury -- that's when he became ethical. Now he's getting on his high horse saying he's protecting his source."

This is the sixth lawsuit Jackson has won since 1995 but the first in which he was the plaintiff. The five previous suits against Jackson, Modabber said, "were all frivolous," filed by "people who were trying to shake him down for money. People think that if you file a lawsuit against Michael, he will be an easy target. But they are wrong. We're tired of him getting dogged. We're not settling. We're going to trial and winning.

 

[MJPowerOfLove]

oh, god

 

[whisperAdmin]

Zia Modabber: MJ's Lawyer speaks April 14 1998

Tuesday, April 14, 1998 Show intro: 'Tonight on Access Hollywood: Michael Jackson, the silent superstar, says "Enough is enough!". He takes the offensive to protect his reputation.' [shot of Zia Modabber, Michael's lawyer speaking] "He's going to defend himself. He's going to go to trial if he has to and he's going to show up and testify and he's going to win."

Michael Jackson says enough is enough. Hi everybody, I'm Pat O'Brien. And I'm Gizelle Fernandez. Here's what's happening in Hollywood today. [Ms. Fernandez does the following story with Blood on the Dance Floor playing in the background].

'He may be the most famous star in the world. He's certainly one of the richest and THAT says his lawyers makes Michael Jackson a prime target for lawsuits But now Michael's lawyers say he is tired of getting squeezed and he is fighting back.'

[they show great candid shots of Michael throughout this report]. 'The King of Pop chalks up a big win. A jury has awarded Michael Jackson a whopping $2.7 million for a defamation lawsuit he filed against a free-lance writer Victor Guiterrez. Guiterrez claimed on a tabloid TV show that he'd seen a video of Jackson having sex with a boy. In the wake of his victory Jackson's lawyer, Zia Modabber, tells Access Hollywood that Michael is fighting back and fighting mad!'

Modabber: "This guy [Guiterrez] made this up out of thin air. Maliciously to hurt Michael. And he told anybody and everybody and when it came time to prove it in this court he couldn't prove it. "

GF: " For most of his career Michael has been a favorite subject of the tabloids who have made him their cover boy on countless occasions but this time Michael fought back filing his own lawsuit."

Modabber: "He has decided he's not going to sit back and let this happen. He's going to defend himself and he's going to go to trial if he has to and he's going to show up and he's going to testify and he's going to win!"

GF: "Jackson's decision to take it to court also came as a result of 5 lawsuits brought against him after he agreed to settle a lawsuit brought against him by a boy and his family in 1994. According to Jackson's attorney, the 5 lawsuits accused Jackson of -- defamation, invasion of privacy, sexual discrimination, harassment, and wrongful termination. His attorney says they were frivolous and Jackson won them all."

Modabber: "Unfortunately, anybody can walk into a courthouse with a couple of hundred dollars and file a lawsuit. It doesn't take anymore than that. And if you happen to be suing Michael Jackson or any other celebrity for that matter you are going to find yourself all over TV and you can tell the whole world about your scandalous accusations and people are going to listen to you." [they show Michael in his video singing 'Just leave me alone!'.]

GF: "Modabber says that celebrities often settle suits out of court because they are so expensive to defend. He adds that Michael hopes that this sends a message to others who think he's an easy target." Modabber: "I don't know why these things continue happening to him and frankly we hope they stop." [here they play the breaking glass part of Scream].

Camera to GF: "Understandable. So will Victor Guiterrez appeal the ruling against him? His attorney told us today he does not know."

 

[HeavenSent]

"Modabber says that celebrities often settle suits out of court because they are so expensive to defend. He adds that Michael hopes that this sends a message to others who think he's an easy target." Modabber: "I don't know why these things continue happening to him and frankly we hope they stop."

And years later we are saying the same thing. This has got to stop.

Thanks for posting this, whisper

 

[whisperAdmin]

Gutierrez-related: One of the people he thanked in his disgusting book is now a producer for Entertainment Tonight.

tashae Posted: Sep 6 2004, 09:21 AM

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In Victor Guttierez's thank you's in his book he thanks Linda Bell Blue...


Supporting these on-air reporters is an experienced, seasoned production team of over 120 television professionals based at ET's Hollywood headquarters, led by Executive Producer{ LINDA BELL BLUE}. In addition, ET's global news-gathering operation maintains bureaus in New York, Chicago, Washington, D.C., London and Tokyo.

She is now a producer for ET!

She also worked for Hard Copy!
"An Emmy award-winning producer, she served as executive producer of "Hard Copy" before joining ET. During her tenure, the show received accolades from Time magazine and the Los Angeles Press Club. "

http://www.journalism.missouri.edu/news/re...-09-23-lbb.html