By Michael J. Tittinger
Daily Press Staff Writer

SM COURTHOUSE — Michael Jackson is either a forgetful genius on par with Albert Einstein or a backstabbing businessman with a selective memory, according to attorneys on opposing sides of the $3.8 million lawsuit being brought against the pop superstar in Los Angeles Superior Court by a former associate.

While both camps insist the breach of contract suit is not about Michael Jackson’s character, just the performer as businessman, the eccentricities of the entertainer and his atypical behavior were ripe for discussion during opening arguments here on Thursday that featured Jackson’s voice via a phone message and parts of his videotaped testimony.

Thomas C. Mundell, who is representing Jackson in the case, began by telling the jury a story about the late scientist Einstein, who was renowned for his brilliance and endeared for his forgetfulness. Jackson, argued Mundell, is a musical genius who operates in a similar fashion and won’t recall the details of a business partnership his side claims was terminated two years before much of the earnings claimed by F. Marc Schaffel were generated.

In the morning, Howard King, who represents Schaffel, painted the entertainer as a manipulator who renegged on oral agreeements and employed a “foggy” memory when confronted with documents he signed empowering Schaffel to act on his behalf.

Jackson, who will not appear in person at the trial regarding his finances, is a steady presence nevertheless — his voice replayed on a phone call to Schaffel, his signature scrawled across documents displayed on an overhead projector, and his appearance on a videotaped deposition from London that was rebroadcast for the jury.

Appearing in a dark shirt and speaking deliberately, Jackson testified on a tape dated Sept. 23, 2005, that he recalls Schaffel’s wanting to be paid, but hedged on knowing his former associate’s actual duties.

“I knew he wanted something. I remember letters stating what he should be paid,” said Jackson, speaking softly. “He wanted me to sign things. I was sure he got money, he always seemed happy. He was smiling a lot.”

King told the jury that the evidence will show “a different side of Mr. Jackson” than the entertainer’s lawyers would have them believe, one who was acutely aware of just who was on his payroll and who was responsible for managing his affairs.

“Marc, I don’t want any ifs, ands or buts,” began Jackson, who sounded angry in the phone message that allegedly referred to a charity record he empowered Schaffel to produce. “Everything’s done. The song’s done. It’s all done. So, do it now! You’ve got to listen to me musically. This is my department.”

According to King, the call proves that Jackson had entrusted Schaffel to produce his record “What More Can I Give?” in 2001, a communal recording with other popular artists such as Celine Dion, Mariah Carey, Usher, Luther Vandross and Justin Timberlake that has never been released. Much of the case on Thursday centered on the handling of the sale, production costs and publishing rights to the session.

Jackson’s camp contends Schaffel was a glorified “gopher” who had no experience in the music industry, with Mundell indicating it would be preposterous to allow him to produce such a complicated recording session that included in upwards of 20 major label recording artists.

“Michael Jackson is a trusting, gullible, almost childlike man,” said Mundell, explaining that a slew of advisors surround the entertainer to protect the forgetful genius. “He’s a hard guy to take advantage of ... but if you want to rip off Michael Jackson, the way to do it is get close to him. You have to become his friend.”

Mundell claims Schaffel befriended Jackson, then took advantage of that trust by demanding reimbursements and repayment of loans of which Jackson was not aware.

Schaffel is seeking a total of $3.8 million for circumstances surrounding the 2001 recording session, as well as compensation he says he’s due from producing a pair of television specials about Jackson for the FOX network. He also wants reimbursement for two cars — a Bentley worth $240,000 and a Lincoln Navigator worth $80,000 — his lawyer claims he surrendered to Jackson in efforts to help out the financially strapped star in return for the owed production payments.

Opening arguments got underway in the late morning after a pair of alternate jurors were selected, rounding out the six-man, six-women panel who can expect a trial as long as 10 days in the Santa Monica Courthouse.

Following the jury’s being sworn in, Judge Jacqueline A. Connor acknowledged the sensationalism aspect of the case.

“When this is all over, you can write a screenplay or a book, whatever, you just got to make us look good,” she said with a smile. “But until then, don’t talk to anyone about the case.”

Jackson’s decision to bypass the courtroom and appear solely through recorded media didn’t sit well with at least one prospective alternate juror, a music promotions manager who was ultimately dismissed.

“If it was me, I’d be here making sure my money wasn’t going to be taken from me,” he said. Asked if he was reassured that Jackson’s top advisor, attorney L. Londell McMillan, was representing him in court, the 22-year-old replied, “It’s not his money. It’s Mr. Jackson’s money. He’s going to get paid no matter what happens.”

McMillan, seated at the opposite end of the council table, just shrugged and smiled.

Schaffel’s attorney seized on that sentiment in concluding his opening statement.

“After all the evidence has been heard and the cases made, I’m going to have at least 10 questions I’ll wish I could have asked Mr. Jackson if he was sitting right there,” said King, pointing towards the empty witness stand.

Among the witnesses King intends to call to the stand are Alvin Malnik, a Florida businessman who performed services for Jackson free of charge, and reportedly loaned the singer $7 million in 2003.

“Jackson will deny ever borrowing from Malnik,” said King, alluding to the taped deposition, excerpts of which will be played throughout the proceedings. “So we have a witness in Mr. Jackson who does not remember getting $7 million three years ago.”

The trial resumes today at the Santa Monica Courthouse.