My First Documentary, My First Subpoena
I’m not sure when I first got the idea for my film, Criminal Justice. I believe it was around 1983-84. I was finishing up the audio on Will Vinton’s film, The Adventures Of Mark Twain. He and I had a lunch meeting to discuss my future with his company.
One of the things he was insistent on was, if I stayed I couldn’t work on my own films. I could only work on films through the studio. I thought that was bullshit. He wasn’t paying me enough to only work on his stuff, plus I didn’t go to film school to spend my life working on someone else’s films. I wanted to make my own films.
We parted on good terms. In fact, they hired me back on multiple occasions to edit and do sound design on other films/television specials over the years. And they paid me a lot better as a contractor.
After I left the studio I had more time to pursue my films, while I was doing freelance editing for a number of clients. I have always had to support myself, and some years were a lot better financially than others.
At the time my Sister was working as a Deputy DA for Multnomah County. In college we were both pretty liberal but I noticed she was changing, becoming more conservative on some issues. She started telling me about the things she was dealing with on a day-to-day basis and I was shocked! I like to think I’m a pretty well read, smart guy, and I started thinking, if I didn’t know about a lot of what actually happens in the justice system, then a lot of others probably don’t know either.
I decided to make a documentary/educational film about the justice system so more people would have a better understanding of it. My goal was to find a few cases and follow them through the courts as they were happening. No re-enactments. I wanted to film both sides, prosecution and defense. I was so sure that both sides would want to cooperate and I could make a really balanced film.
I was so fucking naive!
Raising money has always been tough so I did what I learned in school. I found a non-profit sponsor and was able to raise some money from foundations and individuals. Not a lot but enough to shoot. The film was shot by John Campbell and Chris Ley. Depending on the day Chris would sometimes roll sound while John shot, and when John wasn’t available, Chris would shoot and I would roll sound. These cases move slowly, so we spent a lot of time in the courthouse, and attorney’s offices. I believe we were shooting off and on for about eight months.
This film was not scripted. We shot a lot of it on the run. It was my first foray into Cinema Verite’.
What is Cinema Verite’? It combines improvisation with use of the camera to unveil truth or highlight subjects hidden behind reality. It is sometime called observational cinema, if understood as pure direct cinema: mainly without a narrator’s voice-over. - Thank you Wikipedia.
I started shooting around 1984. I interviewed a lot of prosecutors as I had gotten permission from Mike Shrunk, the District Attorney. I met with some Public Defenders, but they were more reluctant to talk to me.
I finally settled on three cases, a robbery, a rape, and a homicide.
The robbery was the easiest because I had permission from both attorneys, the defendant, and even his mother. There was also store video of the attempted robbery. I say attempted because the defendant used a toy gun, and the gas station attendant wasn’t buying that it was real. For me, this case went great and I got a lot of real good interactions, and compelling interviews.
The rape case was tougher as the defense didn’t cooperate, but I had the cooperation of both the deputy district attorney and the victim. As I was shooting there became a lot of twists and turns in the case and I was fortunate to be around while so many of them were happening. It was all very authentic, and frustrating for the Deputy DA involved in the case. We captured it all.
It was the homicide case that truly kicked my butt.
I interviewed and explained my intentions to both attorneys, the Victim’s Assistant, the victim’s family, and one of the victim’s friends, who was a witness. I thought I was pretty well set.
The defense attorney left me a voice message, she decided not to cooperate. Okay, fine. I will film this with the other participants and not show or mention the defense. At least I can walk the audience through this case from one side. Not ideal, but you do what you need to, and I really wanted an audience, the public to see this.
Side Note: At the time cameras were not allowed in courtrooms in Oregon. I could shoot in offices and even the hallways of the court house, but not inside the courtroom. I figured out a way to tell the story without courtroom footage. Of course the laws have changed since then and there can be one “public access camera” in the courtroom, but that is at the judge’s discretion.
All was going fine. I sat in the courtroom everyday as the case went through jury selection, opening statements, all of those things. I made eye contact with the defense attorney so she knew I was there. I was not trying to hide anything.
Once the murder trial actually started, we had our camera in the hallway to record what was going on outside the courtroom. Totally legal. I was hit with a subpoena by the defense almost immediately.
I had to hire my own attorney and defend myself and my film in court. I was about to get a real education about the court system...
Continued Next Week.
Facts That May Only Interest Me.
The Philips Screw/Screwdriver.
Bearing the name of a Portland businessman who didn’t even invent it, the Phillips is the reigning standard in most American toolboxes. Henry F. Phillips bought the screw design from inventor John P. Thompson, who wasn’t able to muster up any commercial interest for his screw head. Phillips was obviously a better (or luckier) salesman—or else we’d all have Thompson screwdrivers in our toolboxes right now. - Thanks to Jeff Synder – Bit History. Here is the link to the whole article - https://www.ifixit.com/News/9903/bit-history-the-phillips
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