LOS ANGELES - The woman whose son accused Michael Jackson of child molestation in a trial that led to Jackson’s acquittal was charged with welfare fraud Tuesday in a complaint alleging she collected $18,782 in payments while making false claims she was indigent.

The five charges against the woman include four felony counts of “perjury by false application for aid” and one count of “aid by misrepresentation,” a violation of the Welfare and Institutions Code.

Each perjury charge carries a potential sentence of two to four years in prison. The welfare code violation carries a potential sentence of 16 months to three years.

The district attorney’s office recommended bail of $50,000 for the woman, who is scheduled to surrender to authorities and be arraigned Sept. 7.

At Jackson’s trial, she invoked her Fifth Amendment protection against self-incrimination and refused to testify about the welfare matter. She has an unlisted phone number and could not be reached Tuesday.

The Associated Press is withholding her name to protect the identity of her son.

Jackson’s lawyers presented evidence during his trial that she and her family had received a $150,000 settlement in a 2001 lawsuit against a department store at a time when she was claiming to be indigent. They also showed the woman was receiving money from her boyfriend to pay the rent on her apartment.

The complaint filed by the Los Angeles County District Attorney’s Bureau of Fraud and Corruption Prosecutions alleged that the woman hid from authorities the fact that she had received the settlement and also failed to report the receipt of $637 for payment of her rent in January 2003.

It said the payment occurred in February 2003 but was not discovered until a social services investigator received a tip from a private investigator on Feb. 2, 2005. That was just before the Jackson trial began.

The mother of the accuser was a key witness for the prosecution against Jackson. Many jurors said her lack of credibility on the witness stand was a major factor in their verdicts of not guilty.

Jackson lawyer Tom Mesereau said of the welfare-related charges, “In light of the evidence at the trial, I’m not surprised. This is certainly warranted.”

District attorney’s spokeswoman Sandi Gibbons said the charges send a message that, “You’re taking taxpayers’ money when you steal from the welfare system. Whether it’s a nickel or a lot of nickels, you can’t use the welfare system as your personal piggy bank.”

Mesereau said the tip from the private investigator mentioned in the complaint did not come at his behest. He said he was aware of the welfare situation before the trial and didn’t want it reported to authorities then because it might discourage the woman from testifying.

“I knew that she had committed welfare fraud and perjury,” Mesereau said, “and I wanted her on the witness stand. I didn’t want anything done to discourage her from testifying.”

He said he knew if she testified, she would be exposed as a perjurer.

At the trial, Mesereau portrayed the woman and her family as money hungry grifters who had attached themselves to celebrities before. He said they invented accusations against Jackson in an effort to pull “the biggest con of their careers.”

He called witnesses to suggest that her suit against the J.C. Penney store that led to the settlement was based on fraudulent claims of assault.

Social services employees identified documents in which the woman signed sworn applications saying she was still in need of aid after receiving the settlement and money from her boyfriend.

The complaint said that between Nov. 15, 2001 and March 31, 2003, the woman received $18,782 in welfare aid to which she was not entitled.

It also said that on Nov. 15, 2001, Dec. 1, 2001, Oct. 23, 2002 and Feb. 3, 2003, she certified under oath that she needed to renew her welfare aid and medical assistance and said no one had received money from an insurance or court settlement in the last three years.

Los Angeles attorney Tony Capozzola told The Associated Press that he was the one who prompted the welfare fraud investigation with a letter to the district attorney’s office last Jan. 24.

Capozzola claimed his actions helped the defense because the prosecutor was forced to admit that his key witness had committed perjury in the past.

Brian Oxman, a member of the defense team who was subsequently fired, said he produced a 700-page memo on the welfare fraud allegations and gave it to Capozzola who sent it to the district attorney’s office.

Both lawyers were asked why they sent the letter if Mesereau opposed it. They said they were working directly for Michael Jackson who approved sending the letter.

Gibbons said the letter was received by District Attorney Steve Cooley and prompted an investigation.

“It was a very solid investigation, not something we did lightly,” she said.

Source: Associated Press

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