The J.C. Penney Incident
On August 27 1998, when Gavin Arvizo was only eight years old, the Arvizo family was involved in an incident at a J.C. Penney department store. The incident started with Gavin stealing two school uniforms and two school uniform pants from the store and ended with a settlement between the Arvizo family and J.C. Penney in which the store paid the family $152,200. How did Gavin’s shoplifting end up with the department store paying to the family?
According to an interview that the Arvizo kids’ father David Arvizo gave to Michael Jackson’s private investigator Scott Ross on October 27, 2004, on the day of the incident the mother Janet Arvizo applied for a job at the loss prevention unit of Oshman’s Sporting Goods Store. While she went to that store to fill out paperwork for her job application David Arvizo and their two sons, Gavin and Star, went into the neighboring J.C. Penney store. While they were shopping Gavin grabbed two school uniforms and two school uniform pants and ran out of the store with them. David ran after him, according to him to stop him, but before they reached their van they were surrounded by J.C. Penney security guards.
Janet Arvizo was exiting Oshman’s just in time to witness this and jumped in to protect her husband and two sons. There was a scuffle between Janet and the guards but David was ultimately escorted back to J.C. Penney. [1] According to Janet Arvizo’s testimony in 2005 both Janet and David were arrested and taken to jail where their mugshots were taken and they were charged with burglary, assault and battery, and petty theft, but then they were released later that day and the charges were eventually dropped by the store. [2]
According to David, upon arriving home Janet ordered him and the boys to write out their version of what happened. When they were done she took their papers and changed their stories to a version that she wanted to represent. The changed versions were returned to the children and they were required to read and study it on a daily basis. This went on for almost a year then almost a year later on July 22, 1999 the Arvizos filed a civil lawsuit against J.C. Penney for battery, false imprisonment and infliction of emotional distress. At the time no sexual assault was alleged by them. One more year later in a June 29, 2000 amendment of their complaint, however, they added sexual assault allegations as well. Janet Arvizo now claimed that a security guard fondled her breasts, squeezed her nipples 10-20 times, punched her with a closed fist, molested her in her vaginal area and she was called racial slurs. [1]
According to David Arvizo eventually Janet never worked a day at Oshman’s claiming that she was unable to work due to the injuries she allegedly got in the J.C. Penney altercation. This “loss of earnings” claim became a part of the lawsuit. David also said that Janet exploited Gavin’s illness in raising sympathy and putting J.C. Penney under pressure to settle. [1] Eventually the case was settled on September 24, 2001 with J.C. Penney paying the family $152,500.
While David Arvizo was Janet’s estranged ex-husband and a controversial character himself, and as such one could suspect an axe to grind against his ex-wife, but there is other, independent evidence and testimony to support David’s claims that Janet Arvizo lied and was very manipulative in the J.C. Penney case. Some of that evidence came out at Jackson’s 2005 trial.
In a testimony on May 24, 2005 Mary Holzer, an office manager and paralegal who worked for the Law Offices of Feldman & Rothstein that represented the Arvizos in the J.C. Penney case testified that Janet Arvizo admitted to her that she was lying about the photographs of her bruises that were used to prove her allegations against J.C. Penney. The photographs showed Janet Arvizo with bruises that she claimed she got during the altercation with the J.C. Penney guards. However, according to Holzer, Janet Arvizo admitted to her that the bruises were not caused by the J.C. Penney guards but by her own husband.