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ALL ABOUT INDIE
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DIRECTORY / Part
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Andrew Bujalski Honored with the Turning Leaf Someone
to Watch Award at the 2004 IFP Independent Spirit Awards
Sunday February 29, 12:42 am ET
SANTA MONICA, Calif., Feb. 29 /PRNewswire/ -- Turning
Leaf Vineyards proudly announces Andrew Bujalski as
the winner of the coveted Turning Leaf Someone to Watch
Award at the 2004 IFP Independent Spirit Awards, which
took place today on the Santa Monica beach. Bujalski's
extraordinary work on Funny Ha Ha earned him this prestigious
industry honor.
ADVERTISEMENT
The Turning Leaf Someone to Watch Award recognizes a
talented filmmaker with remarkable vision, who has not
yet received fitting acknowledgment in the industry.
Additionally, the award provides a $20,000 unrestricted
grant funded by Turning Leaf Vineyards to help the artist
fund future projects and film studies, allowing him
to bring his artistic vision to life.
This year's Turning Leaf Someone to Watch Award nominees
included: Andrew Bujalski, director of Funny Ha Ha,
Ben Coccio, director of Zero Day and Ryan Eslinger,
director of Madness and Genius. The nominating committee
included: Ryan Werner (Chair), Scott Foundas, Jytte
Jensen, Wesley Morris and Maud Nadler.
"Turning Leaf Vineyards is thrilled to honor this
outstanding filmmaker," remarked Stephanie Gallo,
Marketing Director for Turning Leaf Vineyards. "Andrew
has transformed his vision into an exceptional piece
of art that will delight all film-lovers. This talent
echoes our philosophy of creating wines meant to bring
pleasure to wine aficionados everywhere."
Hosted annually on the Saturday before the Oscars,
the IFP Independent Spirit Awards ceremony is the independent
film counterpart to the Oscars. The vanguard event in
independent film, the Spirit Awards program recognizes
the achievements of independent filmmakers and promotes
their films to a wider audience. The nominated films
are judged on originality, insight and, most importantly,
success against budget and compensation. This year's
sponsors include: IFC, Entertainment Weekly, DIRECTV,
Bravo, Turning Leaf Vineyards, Starbucks Coffee Company
and Hewlett-Packard Company. On 3 Productions will produce
the Official 2004 IFP Independent Spirit Awards General
Attendee Gift Bag and Presenter Gift Lounge.
With passion and patience as a guide, the winemakers
at Turning Leaf Vineyards craft excellent wines from
the grapes of California's prime wine growing regions.
Wines served at this year's ceremony included the Turning
Leaf Coastal Reserve 2001 Central Coast Chardonnay and
Turning Leaf Coastal Reserve 2001 North Coast Pinot
Noir. The Turning Leaf Coastal Reserve portfolio includes:
North Coast Chardonnay, North Coast Pinot Noir, Sonoma
County Merlot and Central Coast Cabernet Sauvignon.
The Turning Leaf California portfolio includes: Sauvignon
Blanc, Riesling, Chardonnay, Pinot Noir, Merlot and
Cabernet Sauvignon. For more information, please visit
www.turningleaf.com.
IFP/Los Angeles, a nonprofit membership organization,
champions the cause of independent film and supports
a community of artists who embody diversity, innovation,
and uniqueness of vision. IFP/LA provides its members
with professional advice, educational programs, affordable
camera and equipment rentals, and discounts to hundreds
of industry-related businesses. IFP/LA also offers Filmmaker
Labs, giving filmmakers the opportunity to develop their
projects, and Project:Involve, a mentorship and job
placement program that pairs filmmakers from culturally
diverse communities with film industry professionals.
To promote independent film to a wider audience, IFP/LA
produces the IFP Los Angeles Film Festival and the nationally
televised IFP Independent Spirit Awards. With more than
6,000 members, IFP/Los Angeles is Southern California's
largest non-profit organization for independent filmmakers.
For more information, visit www.ifp.org.

Translation captures Spirit awards
By Keily Oakes
BBC News Online in Los Angeles
Quirky comedy Lost in Translation was the big winner
at the Independent Spirit Awards on Saturday, which
honours films funded outside the traditional studio
system.
Bill Murray celebrates his Independent Spirit Success
Despite the first impression that the Spirit awards
are a low-key affair, intended only to recognise smaller
films, in reality some of the biggest box office films
of the year took centre stage.
And this was a rare ceremony where The Lord of the
Rings was ineligible to win any awards.
Hollywood stars were in abundance with Sir Ian McKellen,
Naomi Watts, Jennifer Aniston and Sean Penn in attendance.
Set against the backdrop of the beautiful, yet blustery,
beach in a tent in Santa Monica the traditional red
carpet was present but designer dresses and tuxedos
were not on show as the majority of guests opted for
casual attire.
Sofia Coppola picked up three awards for her small
budget Lost in Translation - best director, best screenplay
and best feature which she also co-produced.
Backstage she acknowledged the support she had received
from her father, the distinguished writer and director
Francis Ford Coppola, in guiding her in screenwriting,
which she also confessed she found an extremely difficult
process.
The film, about two strangers meeting in Tokyo, also
saw Bill Murray add to his award season haul by winning
best actor.
'Monkey suit'
His role has earned him his first Academy Award nomination
in a career that has spanned nearly three decades.
But the ever-laid back Murray does not seem phased
by the idea of the Oscars, seeing it only as one big
long wait "in a monkey suit" for it to be
over.
He added that it was the film that was the reason he
was receiving so much attention, not just his acting.
Keisha Castle-Hughes, who saw her movie Whale Rider
pick up best foreign language film, was not fazed about
being the youngest person to be nominated for a best
actress Oscar.
Asked what advice she had been given in advance of
the ceremony, the 13-year-old New Zealander said she
had been told "to take some food along in my bag"
because it was such a long event.
International awards
Director Niki Caro with the Whale Rider cast, including
Keisha Castle-Hughes (front left)
The ceremony was a truly international affair, with
three of the four main acting categories going to non-Americans.
South African Charlize Theron was honoured for her
portrayal of serial killer Aileen Wuornos in Monster,
a woman killed on death row for the murder of eight
men.
The film also won best first feature, with writer and
director Patty Jenkins collecting the accolades.
The best supporting actor title was won by Djimon Hounsou,
who hails from the African country of Benin, for In
America.
A former model, he said the film was a mirror of his
life because he able to go to the US and live the American
dream like the movie's characters.
Oscar lunch
The red carpet fits into a universal platform where
my peers are acknowledged by their peers - and I'm not
going to ruin it with a political message
Shohreh Aghdashloo
And Iranian actress Shohreh Aghdashloo collected the
best supporting actress for her role in the powerful
House of Sand and Fog.
She revealed fellow Oscar nominee Holly Hunter had
invited all the women in the best supporting actress
Academy Award category to lunch, although Renee Zellweger
was absent from the party.
Aghdashloo also wanted to send a message to the people
of Iran to fight for human rights, especially for children
and women in the country.
Although a dedicated activist against Iran's government,
she said after much discussion she had decided she would
not be using the Oscars to air her political views.
"The red carpet fits into a universal platform
where all my peers are going to be acknowledged by their
peers and it is purely artistic, and I'm not going to
ruin it with a political message." she said.
"Obviously my presence here is political because
I came to this country in search of freedom and democracy
and thank god everyone has been extremely supportive."
Casual winner: Djimon Hounsou
Writer and director Thomas McCarthy was rewarded for
making his tiny budget stretch as far as possible as
he won the special John Cassavetes Award for a movie
costing under $500,000, as well as best first screenplay.
Now all of Hollywood's eyes turn to the Oscars, where
the size of the budget is no bar to picking up the awards.
Oscar's hip year
Academy's nominees are a diverse delight: Is there hope
the Oscars have finally changed?
By Michael Sragow
Sun Movie Critic
Originally published February 29, 2004
This year's Oscars offer hope that Hollywood may be
crumbling - in a good way, with barriers to creativity
hurtling down as the tried-and-true models of class
and commerce come apart.
For most of Oscar history, overweight big-star epics,
tasteful family-life tearjerkers, stultifying high-toned
adaptations, and elephantine biopics or costume pictures
have dominated nominees and winners.
Last year signs of life emerged when Chicago, a sassy
revival of the movie musical, and The Pianist, an unsparing
depiction of World War II survival, split the major
awards. This year, the odds-on favorite for best picture
is Peter Jackson's The Lord of the Rings: The Return
of the King, a made-in-New Zealand fantasy that combines
literary brilliance with spectacular filmmaking elan.
Then there's a Tokyo-set mood piece from a young female
director (Sofia Coppola's Lost in Translation); a grueling
tale of misguided revenge in blue-collar Boston (Clint
Eastwood's Mystic River); an inspirational horse-race
saga that dares to keep three main characters separate
for an hour (Gary Ross' Seabiscuit); and a Napoleonic-era
seafaring saga without a tacked-on love interest or
demonized enemy in sight (Peter Weir's Master and Commander:
The Far Side of the World.)
No matter what you think of them individually, they
constitute one of the most varied and eclectic best-picture
rosters in Oscar history. (I'm a big fan of Return of
the King, Master and Commander and Seabiscuit; I dislike
Mystic River and I'm so-so on Lost in Translation.)
Add major showings in diverse categories for off-Hollywood
films such as Jim Sheridan's In America (next to Return
of the King, my favorite), Fernando Meirelles' City
of God, and Alejandro Gonzalez Inarritu's 21 Grams,
and you've got a group that would look at home at the
independent movie ceremony, the Independent Spirit Awards.
Clout over quality
Once upon a time, from the 1930s to the 1950s, you
could chalk up Oscar's predictability to studios that
swayed their massive talent stables into lockstep voting.
Winners were awarded more for their prestige and industry
clout than for their entertainment value or quality.
After the studios waned in power and influence, the
force of cultural inertia kept these traditions going.
Despite the air-clearing tumult of the 1960s and early
1970s, the last quarter-century of Oscar choices have
often been dismayingly routine, including deluxe soap
operas like Ordinary People, Kramer vs. Kramer and Terms
of Endearment, and soporific uplifting films like Chariots
of Fire and Gandhi.
In the 1990s, Harvey Weinstein of Miramax Pictures,
the company that put the box-office oomph into independent
pictures with Pulp Fiction, began dominating the awards.
But Weinstein mostly did it with movies that reflected
the Academy's long-held respect for plush pedigrees.
By the end of the decade, Miramax's Oscar movies at
their best were like Oscar-winners of old, only more
irreverent and hip (Shakespeare in Love), or more socially
and politically up-to-date (The Cider House Rules).
At their worst, they were just as sentimental and fuzzy-minded
(The English Patient) as anything put out at Louis B.
Mayer's MGM.
Happily, this year it looks as if voters may have decided
to blow up the staid Oscar universe for good. Chalk
it up to a younger and more diverse Academy electorate,
to an industry-wide crusade against overweening promotional
campaigns, or just to diligent members who judge from
the film in front of them.
No matter what the reasons, the usual verities have
disappeared into a black hole, and fresh paradigms have
emerged in a movie-land Big Bang.
Just when Peter Biskind in his gossip-ridden new book,
Down and Dirty Pictures: Miramax, Sundance, and the
Rise of Independent Film, proclaims that independent
film is spiritually dead, indies have made some of their
most vigorous inroads into the mainstream; Lost in Translation
is merely the most prominent example.
Just when Americans are supposed to be turning their
backs on foreign-language movies, the Hollywood elite
has showered honors on Brazil's City of God, nominating
it for four awards outside the best foreign film category.
Widespread attention on this category, which often overlooks
movies that the Academy lauds elsewhere (such as City
of God), has catalyzed calls for revamping its voting
rules. A similar tumult shook up the best documentary
nominators several years ago - and now the once-stodgy
best documentary nominees have turned cutting-edge,
with controversial provocations like Capturing the Friedmans
and intimate poetic achievements like My Architect.
Comedy gets its due
Even within the bounds of commercial American moviemaking,
the old Oscar rules don't apply. Entertainment for its
own sake - even comedy - has suddenly become au courant.
Diane Keaton's astonishing characterization of a 57-year-old
playwright finding love, a performance that deepens
and sharpens everything that was appealing back in her
Annie Hall days, has given her a good shot at the best
actress Oscar. Johnny Depp's highly amusing performance
with no redeeming social value in Pirates of the Caribbean
won him a best actor nomination. His recent best actor
win at the Screen Actors Guild awards marks him as a
contender - a fitting tour de force for a year in which
the only honorary Academy Award will go to director
Blake Edwards, a creator of classic slapstick in The
Pink Panther and A Shot in the Dark.
The delightful Finding Nemo, the most popular movie
of 2003, is up for four awards, including best animated
feature and best original script. Finding Nemo, hatched
at the Pixar animators' headquarters in the San Francisco
Bay area, is also at heart an independent picture -
a fact brought home by the company's recent decision
to disengage from its distributor, Disney. And then
there are glorious oddities like Finding Nemo's closest
animated-feature competitor, the even more eccentric
French-Belgian-Canadian production, The Triplets of
Belleville, whose exhilarating nonsense theme notched
a place on the best song list.
Hollywood has finally acknowledged that the boldest
glitter often covers junk and that treasures can be
found in the sideshows off the circus midway. In today's
movie world, traces of pop-culture electricity most
often course through imports, disreputable genres and
grunge.
Not all this is for the good: For my money, nothing
can compare with the thrill of big-audience movies that
are also original and prescient and true, like Oscar-winners
On the Waterfront and The Godfather Parts I and II.
And such movies may (we can all hope) rise again.
But in the meantime, the Academy has connected to reality.
And that may push Miramax's Weinstein back into more
adventurous directions.
Over the last decade, Weinstein's mimicry of the studio
system tried to transform Gwyneth Paltrow and Nicole
Kidman into luminaries as bright and magnetic as Greta
Garbo and Audrey or Katharine Hepburn, and guilt-trip
members into honoring projects for their gloss, even
when they were as flimsy as, say, Chocolat.
This year, Weinstein appeared to have his dream Oscar
project with Cold Mountain, written and directed by
Anthony Minghella (a previous Miramax Oscar-winner for
The English Patient), from another acclaimed novel,
with a cast of Miramax house goddesses Kidman and Renee
Zellweger and perennial up-and-comer Jude Law.
But a funny thing happened on the way to the Kodak
Theater.
Weinstein's influence
Cold Mountain, a misconceived, lumpy and romantic antiwar
epic, garnered eight Golden Globe nominations. From
the Academy it got only seven, and was absent from the
best picture, best director or best writer ranks. Writing
and directing nominations did go to Meirelles' apocalyptic
Brazilian update of Little Caesar, City of God - also
released by Miramax and kept in theaters largely because
of Weinstein's faith. That last fact illustrates how
central Weinstein and Miramax have become to the American
film scene - as crucial as the studios in Hollywood's
Golden Age.
Back then, major "dream factories" operated
like monopolies, keeping talent of every kind under
long-term contract and entire theater chains at their
disposal. Moviemakers and critics alike bemoaned the
hegemony of moguls who haggled over money and cut movies
capriciously and said "No!" to auteur projects.
But when the studios' founding fathers gave way to
glorified bureaucrats and financiers, many of the same
directors and writers, stars and critics waxed nostalgic
for the moguls' one saving grace: their visceral connection
to celluloid.
Weinstein has done the moguls one better: He's simultaneously
made himself a figure of scorn, admiration and nostalgia.
Biskind's Down and Dirty Pictures would have no point
or narrative without him. It chronicles Weinstein's
volatile attempts to play the executive genius and his
realization that small movie companies could both champion
offbeat fare and beat the studios at their own game.
Miramax may not boast a full-fledged best picture nominee,
but it owns pieces of Master and Commander and The Lord
of the Rings trilogy.
If Cold Mountain represents Miramax at its nadir, then
City of God is Miramax at its peak. As Miramax social-protest
movies go, I prefer the more emotional and compassionate
The Magdalene Sisters, but City of God, a razzle-dazzle
muckraker set in a slum ironically called "City
of God," is a real live-wire movie. Entries like
these, Fox Searchlight's exhilarating In America, Focus
Features' Lost in Translation and that honorable misfire
21 Grams (which grabbed acting nominations for Benicio
del Toro and Naomi Watts) testify to the benign impact
Miramax has had in opening up the American film community
to unexpected possibilities.
The abbreviated voting schedule (the Oscars used to
be awarded a month later) and the last-minute nature
of the compromise that let studios mail out DVDs or
tapes for voting members was supposed to stack the deck
against smaller movies. Instead, the bias went the other
way. A movie like Tim Burton's Big Fish, a father-and-son
drama rendered on a mammoth imaginative scale, must
be seen on the big screen to be appreciated. Screeners
only hurt it; so did a rocky opening that led stay-at-home
Academy members to tune out.
Weinstein made one mistake with Cold Mountain, apart
from over-valuing the film. He arrogantly presumed that
he could impose an alternate orthodoxy on an expansive
Academy. If this roster proves anything, it's that moviemakers
here and internationally are discovering their own routes
to creating films and finding audiences.
Year of the Family
This brave new movie cosmos relies on the oldest of
all creative units: the family. The nominations are
strewn with husbands and wives and parents and children.
With In America, director/co-writer Sheridan found the
key to making a semi-autobiographical film about his
journey from Ireland to America when he asked his daughters,
Naomi and Kirsten, to collaborate with him on the script.
Sofia Coppola, of course, is the granddaughter of Oscar-winning
composer Carmine Coppola and the daughter of Oscar-winning
producer-director-writer Francis Ford Coppola. Francis
is an executive producer on Lost In Translation, and
also a recipient of "special thanks," along
with Sofia's brilliant mother, Eleanor Coppola (co-creator
of the documentary Hearts of Darkness).
Sofia's brother, Roman, did second-unit work for the
movie, just as Sofia made a guest appearance in Roman's
wild 2001 coming-of-age comedy, CQ - a story about a
film editor finding himself in circa-1969 Paris that
had more life in it than his sister's latest movie.
A win for Sofia would make the Coppolas the second family
in Oscar history to win in three generations - the first
was Walter, John and Anjelica Huston.
Robert Pulcini and Shari Springer Berman, nominated
for the script of American Splendor, are a husband-and-wife
team, as are Annette O'Toole and Michael McKean, who
penned the nominated song from A Mighty Wind - "A
Kiss at the End of the Rainbow."
Of course, the most acclaimed husband-and-wife team
are Peter Jackson and Fran Walsh, who share producing
credit with Barrie M. Osborne and writing credit with
Philippa Boyens for The Return of the King. Jackson
is also up for best director, and Walsh is in the running
as part of the team for best song.
If they win, Jackson and Walsh will share a bit of
history with the Coppolas, since their movie and Coppola's
The Godfather Part II would be the only sequels to win
best picture. Jackson and company have made their New
Zealand-based WingNut Films a hotbed of creativity away
from Tinseltown, the way Coppola once did with American
Zoetrope in San Francisco.
A few years ago, it became chic to say that the adventurous
maverick spirit Coppola embodied in the '70s was moribund
or dead. The moral of Oscar 2003 may be that this spirit
never went away. It passed to rising generations and
spread across the seven seas, to continents on the far
side of the world.
Copyright © 2004, The Baltimore Sun
Backstage Reactions at the Spirit Awards
Sat, Feb 28, 2004, 10:02 PM PT
By Vanessa Sibbald
LOS ANGELES (Zap2it.com) - Perhaps the most surprising
thing about the 19th annual IFP Spirit Awards was that
they weren't very surprising at all. Instead of smaller
films like "Raising Victor Vargas" or "Pieces
of April" winning awards, or Oscar-ignored films
like "American Splendor" sweeping, the film
that earned the most awards Saturday night (Feb. 28)
was "Lost in Translation," a film nominated
for four Oscars, including best picture, that has already
won a handful of awards, including three Golden Globes.
Meanwhile, "American Splendor," "Pieces
of April" and "Raising Victor Vargas"
walked away empty handed.
Sure independent films are still alive, but the difference
between the Spirit Awards and the Oscars seems to be
getting a little blurred. But that doesn't mean that
"Lost in Translation," which is an independent
film, shouldn't celebrate.
"We're just going to have a party among the group
of people who made the movie," best actor winner
Bill Murray told Zap2it backstage about his plans for
later that night. "This is the last day before
the Oscar, so everything is great. It's sort of like
the last day before grades come out, everybody's in
a pretty optimistic mood."
As for the Oscars, Murray didn't sound as optimistic:
"I just know it's going to be a long time sitting
in a monkey suit," he says of Sunday's (Feb. 29)
ceremony.
For her part, writer-director Sofia Coppola seemed
overwhelmed by the attention, and the four awards the
film raked in, including best picture, best screenplay,
best actor and best director.
"When I was making the movie I never expected
that it would ever get out there, or as many people
would see it. We were just out there making this low
budget project. It's been an exciting surprise,"
she said backstage.
But whether or not the Spirit Awards are starting to
resemble all the other award shows or not, it was clear
that a clear anti-establishment mood had energized the
groups, no matter how part of the establishment some
of them are.
"Well I think today is very special because independent
film is where our industry grows. It grows from the
inside out, not from the outside in," said Sir
Ben Kingsley, who was nominated for his performance
in "House of Sand and Fog," explaining the
difference between the two award shows.
Perhaps host John Waters voiced the mood best by his
sign-off at the end of the night: "When you see
a commercial in a film, boo."
Red Carpet and Backstage Thoughts at the Spirit Awards
"I'm sort of overloaded -- I'm years and years
behind on the mail and I'm years and years behind on
phone calls. I'm never going to catch up and I've sort
of dealt with that so I don't fake it anymore. Well,
I'm losing my mind, really. I can't remember names or
what I'm supposed to do, I can only focus on certain
things; my house and my home, my family and my job when
I do it -- but only when I do it," Bill Murray
on why he's reclusive from the industry.
"I think what would surprise people is that it
was 75 percent behavior. She could do it right now and
send chills down people's spines," "Monster"
director Patty Jenkins, downplaying the role of makeup
in Charlize Theron's performance in the film.
"The thing about Eileen was she gave me a lot
of room because she was very animated. I guess the subtlies
are harder to play and I got lucky because she wasn't
that subtle -- she let everybody know when she was in
the room," best actress winner Charlize Theron
on playing Aileen Wuornos in "Monster.'
"I wouldn't be here, and this wouldn't be in my
hands, if it were not for those two little girls because
they obviously enhanced my performance," best supporting
actor winner Djimon Hounsou about his "In America"
co-stars, Emma and Sarah Bolger.
"Because most the big studio films are really
boring, actually. So you don't want to be bored to death
for the rest of your life, do you? That's why it's good
to support independent films. There's has to be some
alternative to the mainstream gobbley-gook," "In
America's" Jim Sheridan on the important of indies.
"I think films inside the studio films, in the
last 25 years, there's been enough classics to count
on one hand. I think the system, the way it's controlled,
is basically bogus," Francis Ford Coppola on the
same topic.
"In any indigenous community you will find the
most astonishing stories because, in our case in the
Maori culture, these are stories that have been told
for a thousand years. Something like the Whale Rider
has been around that long, it's inevitable that it's
going to work for an audience, it's been working for
a thousand years at least," "Whale Rider"
director Niki Caro on the success of the film.
"The independent Spirit Awards, we're so casual
that we wear our jeans as if we just came from our houses
-- oh bulls**t, we've had our hair done from 8 a.m.
We had had makeup people come over, but we act as if
we just rolled out of bed," presenter Nia Vardalos.
Taking Big Risks Out of Small Films
By ERIC DASH
Published: February 29, 2004
ITH a total of four nominations at the Academy Awards
tonight, for "The Girl With a Pearl Earring"
and "The Cooler," Lions Gate Entertainment
has captured the attention of Hollywood.
But Lions Gate, an independent studio based in Vancouver,
British Columbia, has also caught the eye of Wall Street.
Its shares have soared 251 percent over the last year
and now trade at $6.50, a new high, on the American
Stock Exchange. Some analysts suggest that the shares
could be worth much more.
While its movies have garnered considerable critical
acclaim, they have generally not been smash hits at
the box office. The studio has not posted an annual
profit since 2001. But the company expects better commercial
success later this year, when it releases separate movies
starring Robert DeNiro and Nicole Kidman, as well as
"The Punisher," an action film based on the
Marvel comic book character.
The studio also produces television shows and has assembled
a large film library, diversifying its revenue so it
does not need a blockbuster to be profitable, said Jon
Feltheimer, the chief executive.
"We have no desire to be No. 1 when we release
a picture," he said. "Our overriding concern
on each picture is to make money - and certainly not
lose money." By keeping costs low and having a
more predictable revenue stream, he said, "I do
not have to pray for a film to succeed."
Still, the company has set some ambitious financial
targets. Although it lost $30 million in the third quarter,
Mr. Feltheimer said that it would soon turn a profit.
In the next fiscal year, which begins in April, he said
that Lions Gate would generate more than $80 million
in free cash flow and would begin to pay down $150 million
in debt.
Lowell J. Singer, an analyst at SG Cowen Securities,
said that the company's goals should be attainable.
"Execution is a very prominent driver here,"
he said, though "it's certainly not in the bag."
Though small by Hollywood standards, Lions Gate has
grown substantially since its initial stock offering
in 1999. It received considerable notice when Halle
Berry won the 2001 Oscar for best actress for her performance
in the Lions Gate film "Monster's Ball."
Most of the company's operations are in Los Angeles,
but its official base is in Vancouver, where it also
owns a sound stage. The company's stock trades on both
the American and Toronto exchanges; Peter Wilkes, a
spokesman for Lions Gate, said that the company had
attracted several prominent investors, including Paul
Allen, the co-founder of Microsoft; James L. Dimon,
the chairman of Bank One; and Mark Cuban, an Internet
billionaire who owns the Dallas Mavericks basketball
team.
Lions Gate has snapped up several smaller companies
- most recently, Artisan Entertainment, based in New
York - to create Hollywood's largest independent studio,
part of a strategy of consolidation that Mr. Feltheimer
said he developed four years ago with Michael Burns,
the studio's vice chairman.
The company's stock has surged 59 percent since mid-December,
when it acquired Artisan, which owned a big film library
and had distributed films including "The Blair
Witch Project" and "Buena Vista Social Club."
"Artisan was the big kahuna out there," Mr.
Singer said.
Today, Lions Gate's biggest and steadiest revenue stream
comes from its film library, Mr. Feltheimer said. Lions
Gate's expanded collection of more than 8,000 titles
- including fitness videos, children's programs, classic
films like "It's a Wonderful Life" and action
hits like "Terminator 2: Judgment Day" - should
prove popular with cable television channels and retail
customers at chains like Best Buy and Wal-Mart, Mr.
Feltheimer said.
He projected that the library would generate more than
$200 million in distribution revenue in the next fiscal
year, up from $46 million this year, which does not
reflect the contribution of the big Artisan film library.
Mr. Feltheimer also said that the film library would
supply content for CinemaNow - a fledgling video-on-demand
business that the studio controls. Among other shareholders
in CinemaNow are Microsoft; UPC Global, a European cable
company; and the Blockbuster unit of Viacom.
The film library gives the company some stability,
but Mr. Feltheimer says Lions Gate's most crucial growth
component is "the success of our feature films
and television products." He acknowledged that
its production arm made the studio a riskier investment
but said that it also allowed the company to offer investors
potentially more attractive returns.
Dennis McAlpine, an analyst at McAlpine Associates,
an investment research firm based in Scarsdale, N.Y.,
warned that while Lions Gate has diversified, independent
movie production is inherently risky. "It's a tough
business," he said. "You have got to get movies
that make money."
Mr. Feltheimer said that Lions Gate had been unprofitable
because of the expense of buying and digesting other
companies and, recently, the cost of marketing its Oscar-nominated
films, but that it had kept production costs down. All
but one of the last 29 films it has released have been
profitable, he said.
THE company finds creative ways to sign the stars for
its movies, he said, often negotiating smaller salaries
in exchange for a more flexible and shorter production
schedule, the opportunity to work with a particular
director or part of the film's potential profit. It
also tries to keep marketing budgets in check. "The
Girl With a Pearl Earring" initially opened in
just eight theaters, he said, and moved only gradually
into 400 nationwide. By contrast, "Lord of the
Rings: The Return of the King" opened in 28 countries
in its first five days, incurring enormous marketing
costs while racking up big sales at the box office.
So far, Lions Gate has been careful to rein in its
appetite, Mr. McAlpine said.
"As long as they keep the formula of doing relatively
low-cost films and not overspending on marketing and
distribution, then they should survive and do pretty
well," he said.
Still, the risks are substantial. Investing in Lions
Gate, Mr. McAlpine added, "is one step better than
investing in films directly - becoming an angel for
an independent film, which I certainly don't recommend."

More precious than gold
'Rings' may dominate Oscars tonight, but small films
offer lasting impact
Sunday, February 29, 2004
BY JENN MCKEE
News Special Writer
Each year we complain about the Academy Awards show.
Its cheesy production numbers. Its dull, prepackaged
banter. Its languorous pace. And its longer-than-"Dances
with Wolves" running time.
But then we stop grousing just long enough to gather
our friends, pop popcorn and watch the ceremony - in
all its bloated, glamorous pomposity - all over again.
Chrisstina Hamilton, director of the Ann Arbor Film
Festival, said, "I watch it every year, but it
doesn't mean much to me. I'm not interested in mainstream
narrative work - it overshadows everything else (that's
produced), and the awards are so bloody political. But
that's the nature of any competition."
Russ Collins, manager of the Michigan Theater, thinks
the competitive aspect is part of what makes the show
so fun. "It's not too much different from the Super
Bowl in some ways," he said. "You're probably
watching the best teams compete with each other, and
even if they're not the best, they're still probably
very good."
"(Oscar night)'s the only religious holiday we
celebrate in my house each year," said Hubert Cohen,
a film and comparative literature professor at the University
of Michigan's Residential College. "We usually
have a party and serve blintzes and champagne."
But one actor Cohen would toast this year didn't even
receive a nomination: "Master and Commander"'s
Russell Crowe. "Crowe makes that role his,"
Cohen said. "You don't see him at all in it. He
just disappears. It's a terrific performance, and a
marvelous film."
Others in the Ann Arbor film community disagree with
Cohen's last statement, however, questioning the sea
adventure's place among the nominees.
"I was surprised 'Master and Commander' got so
many nominations," said Collins. "It's a well-executed
film, but it seems to just be a boy's war story. I enjoyed
it just fine, and clearly it was a hard movie to make
- filming in water is expensive and difficult - but
it seemed more of a feat than compelling filmmaking."
Morrie Warshawski, an independent film consultant and
author of "Shaking the Money Tree: How to Get Grants
and Donations for Film and Television," agreed.
"I don't know what 'Master and Commander' is doing
on the list at all," he said.
And although Warshawski's a great fan and proponent
of independent films, he feels the hype for "Lost
in Translation" has been exaggerated. "I love
Bill Murray, and Sofia Coppola's got the glitz factor,
but too much has been made of (it). Don't get me wrong,
I liked it a lot -it's a good film - but it's received
more attention than it deserves."
Cohen's views on this year's big indie smash are far
more critical. "I think (the film)'s insensitive
to Japanese culture, I don't think Coppola cares about
Japanese culture, and there are parts of it that just
don't make sense - it's sloppy," he said. "But
I liked Murray's performance."
Many critics agree, but Murray is nonetheless the dark
horse in a Best Actor race that seems already won by
the odds-on favorite, Sean Penn.
Jennifer Hardacker, an experimental filmmaker and a
lecturer in the University of Michigan's Film and Video
Studies Department, believes that the reasons for Penn's
likely win aren't limited to his performance as the
grieving, angry father in "Mystic River."
"The Academy seems to award people on a career
merit basis sometimes, like they're looking for an excuse
to give the award to certain actors," she said.
"Charlize Theron has it in aces with the Golden
Globe win, but then you have Diane Keaton. She'd be
a person the Academy would love to see get an award."
Keaton's role, though, was in a comedy, a genre that
the Academy notoriously undervalues. "If anything
gets overlooked, its comedy," said Collins. "'Barbershop'
has controversial aspects to it, so it's got that covered,
but it wouldn't even be considered because of the perceived
seriousness of the Oscars. That sense that it's about
doing something artistic."
The thing on which nearly all the experts agree is
that "The Lord of the Rings: The Return of the
King" strikes Hollywood's perfect balance for a
Best Picture Oscar: huge box office success, an epic
scale and critical acclaim. Both Jackson and the film,
they believe, have earned the big awards this year by
virtue of the stunning achievement of the whole trilogy,
rather than simply for the last film in isolation.
"Whenever there's a big, epic movie like 'Lord
of the Rings,' you just know it's going to be nominated,"
Hamilton said.
Added Cohen, "'The Lord of the Rings' is an incredible
series, but the smaller films -'21 Grams,' 'The Station
Agent,' 'The Cooler' -were the ones that really stayed
with me this year."
Especially "The Station Agent," a film about
a dwarf who inherits an old, abandoned train station
and befriends an eccentric hot dog vendor and a grieving
divorcee. "That's the film that stands out for
me," Cohen said. "I didn't want it to be over.
Everyone I've talked to has said the same thing. They
just wanted to stay with those four people longer. It's
a rich little gem."
Collins, too, called it "my personal favorite
for 2003."
Hardacker and Warshawski, however, believe the most
overlooked film of the year is "American Splendor,"
a film based on Harvey Pekar's unremarkable life, as
told through his own series of comics. Hardacker said
of the film, "It was full of unique characters
who were the opposite of glamorous ... 'American Splendor'
took risks with style, and it did some really interesting
things."
The media, meanwhile, has lately focused on why the
Academy gave "Cold Mountain" the cold shoulder.
Miramax's Harvey Weinstein faults the film's late release
date for its absence from the Best Picture list, but
Ann Arbor's film experts tend to think the film shouldn't
even have received the nominations it did. Cohen, for
one, believes that Jude Law's slot in the Best Actor
category would be better served by "The Cooler"'s
William H. Macy or "Owning Mahowney"'s Philip
Seymour Hoffman, and Warshawski simply said, "If
Renee Zellweger wins (Best Supporting Actress), it will
be a mistake."
And while Collins is generally less critical of the
film, he nonetheless understands "Cold Mountain"'s
absence from the academy's final cut. "It's a compelling
story that's well-paced," he said, "but it
seemed too well made. It sounds weird to say that, but
a certain kind of humanity got lost in the extreme skill
used to make that movie. There was a lot of brainwork
behind it, but that little piece of magic was missing."
What wasn't missing this past year were worthy documentaries.
Warshawski, in fact, thought at least three more films
earned a place in the Best Documentary category: "Spellbound,"
"Bus 174," and "Winged Migration."
Despite these omissions, though, Warshawski believes
that strong work is nonetheless well-represented in
the category. He just knows that the best of them may
not necessarily win.
"It's an interesting list of nominees, but the
Academy's usually very conservative," he said.
"Last year (Michael Moore's win) was an anomaly,
and look what happened. So my guess is that they'll
play it safe. Both 'The Fog of War' and 'Capturing the
Friedmans' were great films, but I think their subject
matter will throw off the Academy members too much."
Regardless of all such misgivings, though, Collins
thinks movie fans should maintain a sense of perspective
about the awards. "It's good to remember that the
film that's considered by many to be one of the best
of all time, 'Citizen Kane,' didn't do too well at the
Oscars," he said.
It's true, and this fact does make the whole Academy
Award thing seem silly and pointless. Stupid Oscars.
What time are they on again?
Voting for the golden one
Penn or Murray? Theron or Keaton? A blockbuster
slate of candidates ... It'll be a win-win night
By Lisa Kennedy
Denver Post Movie Critic
You know the moment. Call it scripted grace.
The winner of the coveted 8 1/2-pound statuette known
as Oscar stands at the Academy Awards podium, clock
a-ticking and commercial break looming and says: "First,
what an honor it is to be in such good company."
Cameras do their cruel pans of the fellow nominees
who - earning their keep as actors - look appreciative
of the winner's words.
Those in the gargantuan television audience who enjoy
the discomfort of strangers, even the Hollywood denizens
we feel overly familiar with, search for the cracked
smile, the barely concealed wound.
But tonight, when the winners of the acting categories
pay tribute to their competition, they will speak the
truth.
When Sean (or Bill) looks out over the Kodak Theatre,
he might well say, "Sir Ben, this should have been
yours." Or, "Johnny, what an indelibly idiosyncratic
performance." If they say it, they'll mean it -
or should.
The year 2003 provided a delicious taste of what American
film acting can be - or rather, is becoming. And this
year's awards seem ready to honor that fact.
Work and craft have triumphed over star turns.
One reason Tom and Nicole are presenting instead of
vying for the gold tonight is that they were too much
themselves in "The Last Samurai" and "Cold
Mountain." Not to say each of these stars wasn't
working. Cruise bore down hard on his disenchanted Civil
War hero.
And the woman who last year won by a nose and a tremendous
performance as Virginia Woolf in "The Hours,"
didn't make the cut. This year, Kidman delivered a fine
performance in "Cold Mountain," though a better
one in "The Human Stain." Still, those characters
had lived a harder life than Kidman seemed willing to
physically acknowledge. Did she have written into her
contracts that she'd gotten her Oscar for doing ugly
and wouldn't be doing it again?
What's behind the role
If you went to "Mystic River," "Lost
in Translation," "21 Grams" - to name
just three worthy films - you were forced to ponder
not what makes a star but what fuels a commanding performance.
How does that idiosyncratic sliver of human meaning
happen?
This year's nominees performed cinema's shamanic rites
for their audiences. Performers weren't exorcising our
demons so much as making it clear that they are ours.
Case in point: The two front-runners for best actor
and actress. "Mystic River's" Sean Penn and
"Monster's" Charlize Theron inhabit two sorts
of beast. Certainly Jimmy Markum, the father of a murdered
daughter, makes more empathic sense to us than the serial
killer Aileen Wuornos. But Penn and Theron, using different
styles, make "monstrous" into an act, not
a miserable enigma.
Some outbreaks of creativity come to us as complete
mysteries, an inexplicable harmonic convergence. This
boom in bold performances isn't one of those puzzles.
Independent films have made the American actor better.
And indie film continues its incursion into Hollywood's
really big show. Four of the nominees for best actress
come from indie pictures.
"At first the supporting (nominees) came up, and
there was nothing on Keisha (Castle-Hughes), then wow,"
said Bob Berney, president of Newmarket Films the day
nominations were announced. Two Newmarket actresses
were honored, 13-year-old Castle-Hughes in "Whale
Rider" and Theron.
Actresses are shaking off their physical magnificence
to locate something essential and raw. Witness Naomi
Watts in "21 Grams." These women seem eager
to shake off their attachment to beauty (on screen if
not on the red carpet). And audiences and the Academy
seem more willing than ever to let them.
Consumed by the craft
As for the men, they too seem to be disappearing into
the embrace of craft. There are some who argue that
Bill Murray is just being himself in "Lost in Translation."
I disagree.
In "House of Sand and Fog," Ben Kingsley's
proud patriarch makes every hubris-stoked error he can,
yet we summon surprising sympathy for him. There is
little in Massoud Amir Behrani which warrants that tenderness,
but here in the alchemy of celluloid and light, Kingsley
makes us feel his character's interior the way a novel
might, no voice-over required.
And 2003 was the year that bestowed on us two outstanding
Sean Penn performances, "21 Grams" and "Mystic
River." Either could have garnered him the nod,
but he was nominated for the one that should give him
the win.
Yes, there are years when the winners gall you beyond
reason - and not just because you lose the office pool.
This year's slate of nominees resists that furious disappointment.
If Penn loses to Murray, so be it. If Theron loses
to Diane Keaton - and she won't - it won't be merely
because of a fever of Hollywood sentimentality.
The actresses vying for the "best supporting"
prizes are even more impressive. Holly Hunter has seldom
been better than she is as the mom of an adolescent
girl gone wild in "Thirteen." Patricia Clarkson
is all acid and suppressed fear in "Pieces of April."
Marcia Gay Harden gave a tender portrait of a wife as
wounded bird plunging toward the hard pavement of a
tough South Boston neighborhood in "Mystic River."
And these are the actresses who won't win.
'Rings' about chemistry
All this talk about acting provides a strange counterpoint
to the debate about which movie will claim the Oscar
for best picture.
It is an irony worth mulling that the likely winner
of this year's Academy Award for best picture, "The
Lord of the Rings: The Return of the King," doesn't
have a single nominee in the acting categories.
Peter Jackson's film is a collaborative extravaganza
right down to its performances. The "Ring"
trilogy thrives not on great acting (though there are
some excellent performances) so much as on the fine
chemistry among its actors.
In fact, the final installment of "The Lord of
the Rings" could have pushed Viggo Mortensen's
Aragorn into contention. His soulful heft in "The
Two Towers" offered that possibility. But Jackson
resisted this in the name of the trilogy's tale of fellowship.
Two weeks before the Oscar nominations were announced
and "The Return of the King" became a gambler's
bum bet, "LOTR" producer Barrie M. Osborne
said, "Well you never know, I would be surprised
if we were not nominated.
"But winning is always something of a crapshoot,"
he added. "You get into a situation where the actual
winning depends on what's happening with the world and
whether a film has a resonance with what's happening
with the world.
"And those things affect the Academy. Some of
that is unpredictable and has nothing to do with your
film. But they're understandable because they have everything
to do with how people feel and their emotional attachment
to things."
Controversies wane
With the show just hours away, the controversies surrounding
last year's Academy Awards ring hollow.
In late September, Jack Valenti and the Motion Picture
Association of America tried to ban studios from shipping
screeners to Academy members and critics associations
as part of an anti-piracy campaign. The Academy of Motion
Picture Arts and Sciences and the MPAA struck a compromise.
At the time, the pervasive worry was that a screener
ban would hurt indie films. Indies not only prevailed,
the Brazilian director Fernando Meirelles was nominated
for "City of God," a film that was released
last January.
One reason the awards show was moved up a month was
to cut down on the over-the-top campaigning the studios
and indies had been doing.
If not for DreamWorks, this year's Oscar jockeying
would have been the most decorous and disciplined in
years; the studio is being chastised for an ad it took
out last week in "Daily Variety" supporting
the wonderful work of Shohreh Aghdashloo. The Iranian-born
actress stars as Ben Kingley's wife, Nadi, in "House
of Sand and Fog."
The ad didn't merely sing the praises of its actress.
It dissed front-runner Renée Zellweger.
Hardly a golden moment. But once the festivities start,
it's likely to be a forgotten one.
Victims break their silence
BY VÍCTOR MANUEL RAMOS
Staff Writer
All these years later, he can still close his eyes and
feel the haunting stare of the wiry young man who he
said started fondling him a few weeks into computer
classes when he was 10 years old.
Jesse Friedman, then 17 or 18, was supposed to be teaching
the boy -- assigned the name "Gregory Doe"
by law enforcement officials -- how to convert the basic
binary language of the Commodore 64 computer for use
on his own Apple IIc. "Uncle Jesse" -- as
Gregory was told to call him -- was showing him other
things as well, he recounted.
Right there in the middle of the class, out among the
other students in the basement room of Arnold Friedman's
Great Neck home, Gregory Doe said the abuse started
when Jesse Friedman slid his hand onto his thighs and
started rubbing. He told Gregory to relax then groped
him some before reaching inside his pants.
All the while, Jesse's blue eyes were staring into
his own.
"He touched me, you know, the wrong way ... "
said Gregory, omitting some of the more embarrassing
details of a story he told long ago to Nassau County
law enforcement and now finds himself compelled to tell
all over again. Sitting in a restaurant booth near his
home, he described what he endured during those computer
classes. Speaking of specific sexual acts, Gregory gagged,
as if to vomit.
One of 17 boys
Today, he is a 27-year-old business manager, engaged
to his girlfriend, hoping to build a life untainted
by a past he would prefer to forget. He said he remains
plagued by a persistent physical injury that has never
healed. He asked not to be identified. And he moved
more than 400 miles away from his family in Great Neck
to put distance between himself and these crimes.
"The glassy eyes, I'd always remember," Gregory
said. "You know, he had very glassy eyes."
In 1987, Gregory was one of the 17 boys who told Nassau
law enforcement officials that they had been abused
at the Friedmans' home on Piccadilly Road. Of these,
13 would later testify before a grand jury to substantiate
criminal charges against Jesse Friedman, his father,
Arnold, and another teenager, Ross Goldstein, 17. As
their separate trials approached in 1988, father and
son both changed their pleas from not guilty to guilty.
So did Goldstein.
Now, in a turn of events none of the young men who
testified would have foreseen, "Capturing the Friedmans,"
a controversial documentary about the case that has
already won critical and commercial acclaim, makes them
feel as if they're portrayed as liars.
Tonight, the film will compete for an Oscar for best
documentary film. Many critics were enamored with the
intensely intimate yet ultimately ambiguous look at
the case and the voyeuristic pleasures it afforded viewers,
by showing the Friedmans' turmoil through the family's
own home videos. Director and co-producer Andrew Jarecki
has been criticized by law enforcement officials, the
boys who testified, and those close to them for allegedly
manipulating crucial facts and leaving others out entirely
to enhance the dramatic effect of the film. Goldstein
isn't mentioned, and the accusers appear only briefly
in the film.
Along with the success of the film has come a renewed
effort to throw out the conviction of Jesse Friedman.
Now 34, and after serving 13 years in prison, he has
gone back to Nassau County Court asking that his conviction
be overturned. Arnold Friedman died in state prison
of an apparent suicide in 1995, after serving about
8 years of a 10- to 30-year sentence.
The film and the court challenge have brought pain
and outrage to the young men in their 20s trying to
rebuild their lives. It has reluctantly brought them
out of their silence. And, for the first time since
the case surfaced, many of them are commenting on the
documentary and the court motion -- one in his own voice,
one through an interview with his parents and his own
written statement, and four through a lawyer hired to
speak on their behalf and protect their privacy. The
six reached by Newsday say the film is misleading, and
they want Jesse Friedman's conviction to stand.
"My testimony was twisted in the movie, and I
am here to set the record straight that this did happen
and I am not afraid," said Gregory.
His main complaint with Jarecki's documentary -- which
he cooperated with by sitting for extensive filmed questioning
-- was that he came across as if he had not remembered
any of the abuse until after hypnosis. In it, his face
is in shadows, he is sloppily reclining on a couch and
waving his arms as he speaks.
Two men who refer to themselves as victims -- Gregory
and a man who is now 24 -- have written the Academy
of Motion Picture Arts and Sciences to say the film
does not deserve an Oscar. "We were abused, tortured,
and humiliated by Arnold and Jesse Friedman," the
letter states, while complaining that Jesse Friedman
"is being paraded like a celebrity while we have
been left in the shadows, powerless and voiceless once
again."
The retired detective who led the investigation, and
appears in the film, now wishes she had never cooperated
with Jarecki. "I regret the effect on the victims,"
Frances Galasso said.
"To call Jarecki's work an investigation is ridiculous
because he didn't speak to most victims. How can you
interview two victims ... to say it didn't happen,"
said retired Judge Abbey Boklan, who heard the original
case.
Director's take
By all accounts, the documentary, which is the first
full-length film by Jarecki, a multimillionaire entrepreneur,
has been a critical and financial success. "Capturing
the Friedmans" took the Sundance Film Festival's
grand jury prize in January 2003.
In the documentary, the truth of what happened on Piccadilly
Road is left to the viewer. And that is something Jarecki
is proud of: "Unlike some documentaries that underscore
a point of view, 'Capturing the Friedmans' presents
a variety of perspectives and allows room for audience
members to draw their own conclusions," Jarecki
wrote in an e-mail sent to Newsday on Thursday.
At times, the documentary seems to strongly suggest
the Friedmans are guilty. For example, Arnold Friedman
is shown to collect child pornography, and the film
tells of his admission that he was a pedophile. The
film states that he had sexual relations with his brother
when he was a child. The elder Friedman also states
that he was worried when his sons were young that he
would have difficulty keeping his hands off them. The
film shows both Friedmans before the judge pleading
guilty to the charges.
Then the point of view shifts, making suggestions that
they weren't guilty. For example, the film shows the
statements of some of the students saying they were
not abused and did not witness abuse. A detective is
shown saying he approached children by telling them
he knew the abuse had taken place and asking leading
questions. It shows the judge saying she "never"
had a doubt about the Friedmans' guilt.
Jarecki strongly defended his documentary in this statement
sent by e-mail Feb. 14. He said that "a man went
to jail based on embarrassingly bad police work, and
now Newsday continues to give [the police and the judge]
credence. I worry for Jesse and I continue to do so."
The documentary also brings to light the use of hypnosis
and group therapy techniques and how those practices
could have created false memories in children. Jarecki
uses a clip of Gregory Doe saying he underwent hypnosis
to remember the abuse more clearly and then includes
an expert who characterizes such methods as unreliable.
Released in May of last year, the film has attracted
nonstop publicity with Jarecki's many media interviews
and film-discussion appearances and his advocacy for
the re-examination of Jesse Friedman's conviction. Industry
reports put the documentary's box office sales at more
than $3 million, not counting DVD proceeds.
Last month, Friedman filed a motion in Nassau County
Court seeking "to vacate his conviction" --
which, if successful, would eventually clear him from
his highest Level 3 violent sex offender status and
the strict parole conditions he lives under. He filed
a second motion last month in state appellate court
in Brooklyn asking for a change of venue because Friedman
and his legal team don't think he can get a fair hearing
in Nassau County.
A student at Hunter College, Friedman must remain home
between 9 p.m. and 7 a.m.; he cannot be around children
without permission from his parole officer; his neighbors
could be notified of his criminal history; and he isn't
allowed beyond the five boroughs of New York City. He
will be on the state sex offender registry until parole
officials decide he is no longer a threat to children.
In his motion, Friedman's attorneys argue that prosecutors
"violated his rights" by withholding exculpatory
information.
The filing says that police prompted impressionable
boys with suggestive questioning and that the children's
therapists misused hypnosis, memory recovery and visualization
techniques.
"We have presented a detailed 77-page legal motion
to the Nassau County Court, with approximately 900 pages
of exhibits, that provides compelling evidence that
Jesse Friedman pled guilty to a crime he did not commit,"
Friedman attorney Mark Gimpel wrote in a statement sent
to Newsday Friday. "The only way to resolve the
conflicting claims is to have an open hearing before
an impartial court."
Nassau District Attorney Denis Dillon said through
a spokesman that his office would respond to all of
the motion's allegations -- including the alleged use
of hypnosis -- in court. His office's appeals bureau
is preparing a written response.
Friedman did not respond to repeated requests for an
interview for this story. In a short interview last
month, he called for more former computer students to
come forward and confirm that nothing inappropriate
went on when they were in class. "I am not a child
molester," he said.
For the DVD release of "Capturing the Friedmans"
last month, Jarecki added new material. There is an
option available on the DVD whereby you can hear Jarecki
explain how he made his editing decisions as you watch
the documentary. In all-new footage, he sits with Jesse
Friedman, speaking about Jesse's new motion, the film
and the original case.
"Who do you believe?" asks the film's promotional
materials, seen plastered on the inside of New York
City subway cars.
The case against them
It all started by mail.
Sometime around the mid-1980s, U.S. customs officials
intercepted a child pornography publication from overseas
addressed to Arnold Friedman in Great Neck. The incident
triggered a U.S. Postal Inspection Service sting operation.
Arnold Friedman, then the 56-year-old father of three
boys who had recently retired from his Bayside High
School teaching job, answered the requests of an investigator
posing as a pedophile in 1987. Friedman was arrested
and charged with sending and receiving child pornography
by mail.
"I dressed up as a mail carrier, had him sign
his name, then I went back in after half an hour, to
execute the search warrant," recalled John McDermott,
who currently heads the agency's Long Island fraud team.
Assorted pornography and erotic computer games were
found at the home, according to court records. Inspectors
referred the case to the Nassau Police Department when
they realized that Arnold Friedman taught mostly school
age and preadolescent boys how to use computers from
a makeshift lab in his basement.
Sex squad detectives conducted their own search of
the house and spread throughout Great Neck in teams
of two, interviewing boys who would eventually say enough
for police to amass 343 charges ranging from child endangerment,
sexual abuse, attempted sodomy and sodomy against Arnold
Friedman and his youngest son, Jesse Friedman, who was
18. A neighbor, Goldstein, then 17, was charged with
118 counts of various sexual abuse charges and later
pleaded guilty to three counts of first-degree sodomy,
and one count of using a child in a sexual performance,
receiving a 2- to 6-year sentence. His willingness to
testify against Jesse Friedman helped to break the case.
Goldstein did not answer repeated requests for an interview.
The Friedmans' arrests came the day before Thanksgiving
in 1987, unleashing one of the largest child sex abuse
investigations to date in Nassau County. Initially,
the accused pleaded not guilty. By the following March,
Arnold Friedman had changed his plea to guilty, admitting
before the court that he abused the children.
When he pleaded guilty against his attorney's advice
the following December, Jesse Friedman made a short
statement admitting his guilt and saying he too was
a victim of his father's abuse.
Jesse Friedman spoke to Newsday and to then-talk show
host Geraldo Rivera in separate interviews while incarcerated
in 1989. He said some children were abused while others
witnessed the abuse. He said his father started abusing
him by fondling him while reading him bedtime stories
and then escalated to outright incest by the time Jesse
hit puberty. In the interviews, Jesse admitted he later
became the abuser, forcing children to assume sexual
positions and to perform oral sex.
Before the year was out, Jesse Friedman had recanted
everything. In a later interview with Newsday, he said
he lied about his father abusing him, and said he did
not abuse any of the children. He said he lied to manipulate
the media so people would feel sorry for him.
Documentary
Jarecki did not set out to make "Capturing the
Friedmans." He said he just wanted to return to
his first love of filmmaking after making millions of
dollars as a businessman.
The 1985 English graduate from Princeton University
said he had directed plays in school but went into business
instead in 1989. Jarecki and two friends co-founded
Moviefone, the movie listings company.
The company went public in 1994 and was later sold
to AOL for $388 million. Jarecki was the largest shareholder
and thus netted the largest sum. Before the business
was sold, he made his first attempt at making a film
-- a short called "Swimming" -- about children
in a Harlem swimming group.
The project he started in early 2000 -- on the lives
of birthday party clowns -- was to be his first full-length
documentary. Working on that idea, he met Arnold Friedman's
oldest son, David Friedman, a clown known on the Manhattan
birthday party circuit by the stage names Silly Billy
and Doctor Blood. Jarecki said David Friedman hinted
at his family's problems just enough to trigger his
curiosity. Jarecki began researching the Friedmans'
sexual abuse case and dropped the clown project when
David Friedman handed over a treasure trove of family
home videos taken throughout the time of the case. Soon
after, Jarecki had the first of many interviews with
Jesse Friedman, in an upstate prison.
The documentary that resulted is largely the Friedman
family's story, as told by their own family video history.
In the film, Jarecki focuses on the idea that several
of the accusers had been hypnotized or had participated
in group therapy, a practice he criticizes as unreliable.
Law enforcement officials said those techniques were
not used in the gathering of evidence or grand jury
testimony for the case against the three co-defendants.
Instead, they said some of the methods were used by
mental health experts in therapy after the children
had provided their statements of abuse.
Last year, Jarecki told Newsday that he started believing
Jesse Friedman because of his openness during the making
of the documentary: "Many people made an effort
to obfuscate in this case and in the end I found Jesse
Friedman was the most open with me," Jarecki said.
At his many appearances promoting the film, Jarecki
has stopped short of saying that Jesse Friedman is innocent,
but he has clearly taken his side.
"It is a sensitive time for the case because it
is pending in front of the court, so I'm not sure if
it's smart for me to be commenting," Jarecki wrote
in an e-mail response to questions Newsday posed earlier
this month. "I have no agenda -- the motion is
Jesse's and speaks for itself." In another e-mail,
Jarecki said that "unnamed alleged victims"
should not get to make anonymous claims against Jesse
Friedman, even though this is common treatment for victims
in child sex abuse cases. Jarecki himself gave them
and other sources anonymity in his film and in the outtakes
included in the DVD. Thirteen boys testified before
the grand jury. One of the 13 is featured recanting
in the documentary.
Ross Cheit, a political science professor at Brown
University who studies the media's portrayal of sexual
abuse cases and has researched court documents in the
Friedmans' case, said "Capturing the Friedmans"
follows a pattern of journalism where complicated abuse
cases are oversimplified for the sake of telling a good
story.
"The actual facts are far more complicated than
what Jarecki explains in the film. It is clear that
he leaves out a whole lot of important evidence,"
Cheit said. "I think it makes a very compelling
story. The wrongful conviction story is very compelling
and more so than saying a convicted man is guilty as
charged. That's not a good story."
A family nightmare
Just the mention of his name can bring back nightmares.
"Jesse was the scariest of all of them to my son,"
one Long Island mother of a then-7-year-old boy told
Newsday. She and her husband both asked that their identity
be withheld to protect their son's privacy. "Jesse
is the bogeyman in the covers, the bogeyman under the
bed. Even when he is fifty years old, Jesse will be
the bogeyman under the bed."
She said the popularity of the documentary and Friedman's
return to court asking that his conviction be overturned
was "disgusting" and "nauseating."
Innocence was what her son lost, she said.
"I see this media circus that Jarecki has generated
to promote this film as an unjustified and cynical attack
on the defenders of these children and therefore supportive
of those who would victimize them," she said.
'I only understood fear'
She and her husband enrolled their son in the computer
class for several months in early 1987 after her husband
attended the adult program and met Arnold Friedman.
Looking back, she said she remembers thinking it was
odd that parents were never allowed inside the classroom.
Soon after enrolling in the class, she said, her son's
behavior changed. He began drawing sharks and believed
they were swimming in his bedroom floor's blue rug.
Once, when she asked her son what he was learning in
the class, he and a classmate looked at each other with
"sheepish grins on their faces" and giggled.
At the end, she said, it was Jesse Friedman's suspicious
behavior, and her son's unwillingness to return for
another season, that led her and her husband to pull
him out of the school before the scandal broke.
All these years later, she still has vivid images of
Friedman. "You know, Jesse had this hair,"
she said. "It was all greasy hair, black hair.
He had it always over his eyes. He would never look
at you. I just have this picture flashing in my head
of Jesse opening the door. ... He would look to one
side, he would open the door and he'd look over here
and he'd say, 'Oh, we'll be done soon.' And I'd say,
'Well, can I wait inside?' and he'd say, 'No, no, no,
no, no. ... ' Never would let me in."
When the case broke, her son told detectives that he
witnessed when another child, who was overweight and
reportedly the frequent target of humiliation, was sodomized
in front of the class -- an event supported by that
other child's detailed statement to police. Her son
told of being taken to the bathroom, where Arnold Friedman
attempted undressing him but had trouble taking off
the belt he was wearing.
Eventually, he told detectives and his parents that
he was photographed urinating and was subjected to sexual
abuse. The way her son described it at the time was
that "they did things to him that made him feel
like he was going to go to the bathroom," his mother
said.
Their son freely volunteered information without any
pressure from detectives, with both parents nearby,
she said.
The years have not diminished the horror, the father
said in an interview with Newsday. Because of the case,
he said he still has trouble communicating with his
son and sometimes blames himself for enrolling him in
the classes.
"I saw a huge, huge amount of anger that was harbored
inside his heart towards Arnold Friedman and his son
Jesse, and to Ross Goldstein," said the father.
Finally, when his son told him what had happened, he
came to understand his son's anger. Now a law student,
the son declined to be interviewed for this story. But
he provided a written statement saying that the documentary,
and the resulting flurry of interest in the case, is
cruel and unfair to him and the others who said they
suffered abuse.
"Arnold and Jesse Friedman violated my trust for
them as educators by sexually abusing my classmates
and I at their home," he wrote. " ... I was
seven years old when I was in the custody of Arnold
and Jesse Friedman. At that time I did not understand
the dynamics of human sexuality. I only understood fear."
To ensure secrecy, Arnold and Jesse Friedman told some
of the boys who testified they suffered abuse that they
would burn down their houses, kill them, and hurt their
parents if they revealed the abuse, according them,
investigators and some parents.
If Friedman's effort to have his conviction thrown
out proceeds, the man said he does not want to have
to testify, and once again relive the horror of the
abuse. He has rebuilt his life, he said, adding that
the "victims are entitled to closure."
To the father, the uncovering of what had happened
to his son has shattered any illusions of the innocence
of youth.
It "taught me that life was . .. not pristine,
people were not pristine, and there are people out there
who would willingly violate the privacy of a child and
the innocence of a child. That was a very, very difficult
pill to swallow as a parent, that our children could
be so vulnerable."
A possible return to court
Others who testified in the first case aren't looking
forward to the possibility of having to relive the abuse
in court. It is unclear whether Friedman's motion to
overturn will come to that.
Sal Marinello, the Mineola lawyer who says he represents
"four victims," said his clients do not want
to step backward to a time they have tried to forget.
He said it was the responsibility of Friedman's attorneys
to demonstrate that they have compelling new evidence
to justify calling witnesses.
"Why should members of the public, their colleagues,
family members, friends, hear about this now?"
Marinello said. According to the recent motion, one
of the 13 victims who testified of abuse before the
grand jury has recanted. Friedman's lawyers have used
transcripts from the documentary as evidence in the
motion. Identified in court records as Dennis Doe, the
witness appears in the movie saying police pressured
him to speak up.
"I kind of broke down. I started crying,"
a voice attributed to Dennis Doe says in the film. "And
when I started to tell them things, I was telling myself
it was not true. I was telling myself, 'Just say this
to them to get them off your back.' "
Friedman's motion includes eight people somehow connected
to the computer classes who say they never witnessed
any abuse at the Friedman house.
The joint letter of the two young men to the Academy
Awards panel said, in part, "We did not lie. We
did not exaggerate. We were never hypnotized to tell
our stories. The director twisted the facts in the film
to make it appear that way."
Gregory Doe said he does not need hypnosis to remind
him of what the Friedmans did to him. His family sent
him to a private therapist after he provided his statement
to police but prior to his appearance before the grand
jury. The therapist used hypnosis, he said, to try and
get him to the point where he could talk about what
had been done to him without throwing up.
He said Jesse Friedman abused him first, followed by
Arnold and Goldstein, and that he was made to undress,
assume sexual positions and perform and receive oral
sex.
The most horrid abuse took place during one-on-one
makeup sessions when he was left alone with Arnold Friedman.
He said both father and son committed forcible sodomy
on him multiple times. He said Arnold and Jesse made
him and others play leapfrog naked.
Galasso, the retired chief detective on the case, said
Gregory's interview with Newsday was consistent with
his original statement to police.
For Gregory, the hullabaloo over Jarecki's film --
and whether the director will pick up an Oscar tonight
-- is a sideshow to the legacy of the abuse. Even now,
Gregory said he sometimes wakes up at night shaking,
especially after hearing of other child abuse cases
on the news or elsewhere. What would be passing news
to others, hits home for him.
Diagnosed in his preteen years, Gregory said he has
persistent rectal bleeding from the abuse. Memories
aside, the physical scar will never let him forget.
"This is the constant reminder I live with every
day," Gregory said, "that I was abused."
Copyright © 2004, Newsday, Inc.
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