Myth: Wade Robson Attempted to Hide His Lawsuit from Public View

March 29, 2020

There is a prevailing myth surrounding Wade Robson's lawsuit against Michael Jackson's estate, suggesting that he initially filed the lawsuit under seal to reach a financial settlement without going public, only choosing to make it public when the estate refused to pay. However, this is a misinterpretation of the facts.

From the outset, when Wade's lawyers filed the lawsuit on May 1, 2013, it was indeed a public filing. While the details of the sexual abuse allegations were sealed, the existence of the lawsuit was immediately made public. Wade's petition to file a late probate claim for child sexual abuse was openly available on the LA Court's website from May 1, 2013. The media became aware of the filing in the court system by May 8, 2013.

Furthermore, although some allegations were initially filed under seal, pursuant to the requirements of 340.1, this was not an attempt to keep the lawsuit hidden. Instead, it was part of the legal process, as outlined in California Civil Code 340.1. Eventually, the pleadings for the claim were refiled with redactions, indicating a commitment to transparency within the legal proceedings.

It's important to note that the decision to file sealed documents under 340.1 was also influenced by Michael Jackson's estate, which sought to keep Wade's lawsuit under seal. Despite this, the petition remained available to the public on the LA Court's website.

Only Wade's complaint document detailing the abuse was filed under seal, preventing its contents from being viewed by the general public. This measure was taken due to the explicit and graphic descriptions of sexual abuse, as well as the inclusion of details about his mental health. While the specific content remains confidential, the premise behind the lawsuit was no secret.

An Independent article dating back to May 9, 2013, underscores this fact, shedding light on the situation despite the confidentiality of the complaint's details:

Gradstein filed a motion seeking permission to file a late creditor's claim against Jackson's estate on 1 May, nearly four years after the singer's death, court records show. Most of the documents are sealed pending a June court hearing, but a summary of the documents states the choreographer includes a declaration from a psychiatrist and an "Unfiled Complaint for Childhood Sexual Abuse."

Anyone reviewing the documents on the LA Court website could easily verify this:

Filed concurrently herewith: 

(1) Notice of Filing Under Seal
(2) [Proposed] Order(s) Re Claimant Wade Robson's Motion to File Under Seal
(3) Petition for Order to Allow Filing of Late Claim against Estate
(4) Declaration of Henry Gradstein in Support of Petition for Order to Allow Filing of Late Claim against Estate: and Attached Certificates of Merit by Mental Health Practitioner Dr. David Arredondo and Henry Gradstein pursuant to Code of Civil Procedure Section 340.1
(5) Prob. Code § 9151 Declaration of Claimant Wade Robson in Support of Creditor's Claim and Petition for Order to Allow Filing of Late Claim Against Estate
(6) Creditor's Claim. DE-172 with Unfiled Complaint for Childhood Sexual Abuse

When Judge Beckloff held a hearing in early June 2013 to decide which sections of Wade's pleadings would be released to the public, News Limited reported that the Estate wanted the entire complaint to remain sealed.

On Thursday, Mr Beckloff presented attorneys with possible redactions of Robson's sworn declaration and said it should serve as a roadmap for what information can be made public.

The judge believes some of the material could be made public, even though attorneys on both sides would like the case sealed in its entirety.

Some of Robson's private and personal information, including a paragraph that detailed his allegations of abuse by Jackson, should be sealed, Mr Beckloff said.

He also said portions of the records that deal with mental health issues also should not be released.

"There aren't a lot of redactions," Mr Beckloff said of his suggestions.

Attorneys for Robson and Jackson's estate will review the suggestions by the judge and report back at a hearing on June 25, the fourth anniversary of Jackson's death.

Source: news.com.au

The Estate's attempt to have Wade's complaint remain sealed is evidenced by Judge Beckloff's ruling on June 25, 2013:

The court does not seal the additional material for which sealing was requested in the Further Brief of the Executors of the Estate of Michael J. Jackson Regarding the Sealing of Certain Documents Submitted in Connection with Wade Robson’s Petition to File a Late Claim and Related Civil Complaint filed June 24, 2013 by the Executors of the Estate.

After considering and balancing the proposed redactions, the resumption of open court records, and the factors contained in CRC Rule 2.550(d), the court finds that the justification offered for the sealing is outweighed by the right of public access to the record.

In summary, the myth that Wade first filed his lawsuit under seal to reach a financial settlement without going public is unfounded. The lawsuit was public from the beginning, with certain details sealed as part of the sensitive nature of the allegations. If anything, it was the Jackson Estate who wanted to suppress Wade's lawsuit, not the other way round.