$25 million ruling in talk-show case stands, judge says
Associated Press - 3/25/00
$25 million ruling in talk-show case stands, judge says
Associated Press - 3/25/00
An Oakland County judge let stand a $25 million award against the "Jenny Jones" show.
Circuit Judge Gene Schnelz, in a 21-page opinion issued Friday, rejected an attempt by attorneys for Warner Bros. and Telepictures - the show's distributors - to throw out the verdict, reduce the award or grant a new trial.
The award was made to the family of a gay man who was slain three days after appearing on a show about same-sex secret crushes.
"Whether they like it or not, each side received a trial of its own making, and neither has any cause to complain," Schnelz wrote.
Scott B. Amedure of Orion Township was slain by Jonathan Schmitz on March 9, 1995, three days after Amedure revealed on the talk show that Schmitz was his secret crush. Attorneys Ven Johnson and Geoffrey Fieger represented the Amedure family in its wrongful death lawsuit against the show.
"My clients, from day one, have been adamant about the need to expose the show for what it does to people," Johnson said Friday. "Some have said that this lawsuit was about money. If this were really about money, it would have been settled years ago and you wouldn't have heard a thing about it. "My clients want to put an end to the injustice perpetrated on their son by the show. I admire them for that."
Pat Graves, the mother of the dead man, said she was confident the appeal would fail. "I had no doubt about it," Graves said. "I figured it would end up this way."
Bloomfield Hills attorney James P. Feeney, who represented Warner Bros., was disappointed but not surprised by the ruling, which will be appealed.
"I continue to remain very optimistic," Feeney said. "The court's decision doesn't change our view on the law in Michigan. We're going to present all of those views to the Court of Appeals. The case should never have been sent to a jury in the first place."
A similar statement was issued by Telepictures: "Given the court's earlier decision in this case, we are not surprised by the ruling today, denying our post-trial motions. We are disappointed we had to wait so long - almost one year - to even begin appealing the judgment, but we are pleased that we can now finally seek vindication in the Court of Appeals."
As part of its appeal, the defense will have to post a bond of about $42 million - a figure required by law to be 1.25 times the amount of the award plus interest - to cover the judgment in the event the Amedures ultimately prevail, Johnson said. The jury award is worth at least $30 million when interest is added.
The Amedures sued the talk show in 1995, contending that Schmitz was ambushed and tricked into believing his secret admirer was a woman. It was Amedure.
The show steadfastly maintained Schmitz was aware his admirer could be male, female or transvestite. Three days after the two men appeared on the show - in response to a note, a blinking red light and some caution tape Amedure left at Schmitz's home - Schmitz bought a gun, went to Amedure's Orion Township mobile home and shot him twice in the chest.
Schmitz called police and then confessed, blaming the show for embarrassing him on national television. The show never aired.
Schmitz, now 29, was convicted of second-degree murder and sentenced to 25-50 years in prison.
After a six-week trial that was broadcast live across the country, a jury found the talk show and its distributors at least partially responsible for the death. Schnelz felt compelled in his opinion to comment on the principals - Fieger and Feeney - and the fact both had to be held in check during the often raucous trial.
"Anyone who had ever been involved in a trial knows that they have a tendency to take on a life of their own, especially a high profile trial ...," Schnelz wrote. "What did result, in the vernacular, was a knock-down, drag-out battle that spanned six weeks. Both lead counsel were well prepared, but also equally aggressive and with a similarity of trial personalities. It would behoove all involved to remember the phrase which has been stated in different forms in all major religions: May he who is without sin cast the first stone."
The award - the largest to come out of Schnelz's courtroom - included $5 million for Amedure's pain and suffering between the time he was shot and the time he died - a few minutes.
A key part of the defense appeal asserted Fieger's behavior during the trial was so egregious that a new trial was warranted. The defense contended Fieger falsely alleged witness-tampering and bribery.
In his opinion, Schnelz disagreed. He cited statements from a witness who testified that a "last-minute" defense witness claimed he received a large amount of money for his testimony. The judge concluded such testimony gave Fieger a reason to raise the issue.
The defense also cited a $15 million medical malpractice verdict initially won by Fieger that was overturned by the Michigan Court of Appeals. The appeals court ruled that verdict was not supported by the evidence, but it also concluded that a new trial would be warranted because "pervasive misconduct" by Fieger denied defendants a fair trial.
Schnelz said Fieger used "offensive" language that was often "excessive and demeaned the defense." During the trial, Fieger and Feeney traded frequent barbs before and out of the presence of the jury. But the language, when taken in context of the entire trial, was not enough to warrant a new trial. Fieger did what any good lawyer is required to do, Schnelz said.
"At times, in the court's opinion, the show's witnesses' testimony was so outrageous that plaintiffs had no choice but to vigorously impeach them," the judge wrote. "All but one of the defense witnesses were professionals, and most were employees of defendants' show. "It is ironic that the employees of a production whose lifeblood is confrontation, surprise and hyperbole, would be upset or complain that it was unfair when it happened to them."
The Court of Appeals is not expected to rule on the case before fall.