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Updated May 7, 1999, 11:40 a.m. ET Jury awards over $25M to Amedure family in "Jenny Jones" civil trial
The jury's decision may affect the way the talk-show industry conducts its shows and screens its guest. The jury compensated the Amedure family with $6,500 in funeral and burial expenses, $5 million for Amedure's pain and suffering, and $10 million each for loss of companionship and compensation. The jury's decision was not unanimous: one out of the nine jurors sided with the defendants. Eight jurors were needed for a verdict in favor of the Amedure family. Defendants' attorney James Feeney said the jury's decision spoke for itself but said the verdict would not stand up on appeal. "As far as the jury's decision goes, the verdict speaks for itself. But I think by the end of the day, when we take this before a court of appeals, the appeals court will feel otherwise," Feeney said. "I feel there is a no way this verdict will stand up in a court of appeals." Feeney claimed that the jury instructions did not follow Michigan law and stacked the odds against his clients. Judge Gene Schnelz told jurors that they must rule in favor of the plaintiffs if they find the show was at least a cause of the circumstances surrounding Amedure's murder. Schmitz killed Amedure three days after Amedure revealed his secret crush on his during a taping of a "same-sex, secret crush" episode of the show. Amedure's family, who was represented by Geoffrey Fieger, believes that "The Jenny Jones Show," its parent company Warner Bros. and production company Telepictures started the chain of events that led to the murder and should have asked Schmitz whether he suffered from a mental illness before having him appear on the show. Jones' producers, however, said the show had nothing to do with the murder, denied misleading Schmitz before the show, and suggested something else happened between the two men that triggered the slaying. "The Jenny Jones Show" is produced by Warner Bros., which is owned by Time Warner, a part owner of Court TV. Fieger was not present in the courtroom when the verdict was announced. During the trial, he focused on proving that the show's producers lied to Schmitz to make him come on the show. Fieger argued that the producers misled Schmitz by refusing to tell him that his secret admirer would be a man and only telling him that it could be a man, a woman, or a transvestite. Focusing on testimony regarding Schmitz's excessive drinking and alleged depression after the show, Fieger claimed "Jenny Jones" sent him into a downward spiral which cost Amedure his life. Schmitz's depression grew as the broadcast date of the show drew closer. The same-sex secret crush episode never aired. Schmitz's father, Allyn, his employers at The Fox & Hounds restaurant, and his sister all testified that he was noticeably disturbed by his experience on the show and that they urged him to "put it behind him." Even an airline passenger who sat next to Schmitz on his flight home testified that he seemed preoccupied with his experience on the show and said that if he could get angry if he really thought about what had happened. His appearance on "Jenny Jones," Fieger may add, was one of the first things Schmitz mentioned in a 911 call after the murder. Fieger also emphasized Schmitz's history of mental illness, particularly his prior suicide attempts and what the producers of "Jenny Jones" allegedly should and could have done to screen him and prevent him from coming on the show. The producers, he argued, could have asked Schmitz whether he had been hospitalized for mental illness. The plaintiffs also believed the show could have provided post-show counseling for Schmitz to make sure he was okay. Fieger argued that the producers knew Schmitz did not want his secret admirer to be a man: he told former producer Karen Campbell that he did not want a man telling him about a secret crush on national television. That, Fieger insisted, was why they refused to tell Schmitz the specific gender of his admirer. In addition, Fieger stressed that another former producer, Ron Muccianti, allegedly told Schmitz that he had seen "the girl of his dreams." Led by Feeney, the defendants argued that the show had no reason to suspect that Schmitz would have killed Amedure after the show and that Schmitz's behavior and answers in a pre-show interview did not suggest that he was homophobic or had the potential for violence. Feeney contended that the proof that Schmitz knew that his admirer could be a man and about the potential for embarrassment was found in his pre-show interview: when asked during his pre-show interview how he would react if his crush was a man, he said that he would say, "thanks, but no thanks." Schmitz said he would be disappointed, the situation could be embarrassing, but insisted he would be okay. Feeney also stressed that Schmitz's behavior during and immediately after the show did not illustrate his alleged embarrassment. On a videotape of the unaired show, Schmitz is seen smiling and appears to be handling the surprise revelation well. Muccianti testified that Schmitz shook his hand and thanked him for having him as a guest. Feeney also noted that Schmitz partied with Amedure and their mutual friend Donna Riley after the show and had even made plans with Amedure to go shopping for a ceiling fan. Using the testimony of psychiatrists and evidence from Schmitz's confession, Feeney also argued that Schmitz did not kill Amedure because of "The Jenny Jones Show." Schmitz did not mention the words "humiliation," "ambush," or embarrassment by "Jenny Jones" in his 911 call and confession. He said Amedure would not leave him alone. Feeney pointed out that Schmitz killed because he felt like he was being stalked, not because of his experience on "Jenny Jones." Feeney said it would take two years for the appeals process to be completed. The senior vice president of Warner Bros., Zazi Pope, said the verdict would have a "chilling effect" on the talk-show industry and all media, but said that the verdict would not be upheld on appeal. "Our heart goes out to the Amedure family. We feel horrible that this terrible tragedy took place," Pope said. "But the facts are clear. Schmitz knew his secret crush could be a man. We will not settle this case, the issues are too important." Jonathan Schmitz, whose 1996 conviction for Amedure's murder was overturned, will be tried again in August. Bryan Robinson | ||||||||||||
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