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Updated May 6, 1999, 11:40 a.m. ET
After nearly six weeks of testimony, the jurors now have their chance to decide whether "The Jenny Jones Show" was in any way responsible for Jonathan Schmitz's murder of Amedure. Schmitz killed Amedure three days after the gay man revealed his secret crush on him during a taping of a "same-sex secret crush" episode. Amedure's family, who is 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, say the show had nothing to do with the murder, deny misleading Schmitz before the show, and suggest 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. Before handing the case over to the nine-jury panel, Judge Gene Schnelz instructed jurors that they if they find that "The Jenny Jones Show" was a proximate cause of the murder, they must find a verdict in favor of the plaintiffs. The alleged negligence of the show, Judge Schnelz stressed, does not have to be the sole cause, but it has to be a factor that contributed to the tragic events. However, if jurors find the actions of the producers of "Jenny Jones" did not contribute to Schmitz's decision to kill Amedure, they must side with the defendants. The verdict does not have to be unanimous, but eight out of the nine jurors have to agree on it. On the surface, the jury instruction appears to favor Amedure's family, especially since jurors can side against "The Jenny Jones Show" if they feel the program at least contributed to the circumstances suurounding Amedure's murder. Although jurors have been instructed not to consider sympathy, Fieger seemed to focus on their emotions in his closing argument Wednesday. He began by playing a videotape of the show's advertisement of the same-secret crush taping, followed by two 911 calls: the one placed by Amedure's roommate after Amedure had been shot by Schmitz and the one made by Schmitz himself. Then Fieger played the tape of Jenny Jones denying responsibility days after the murder, insisting Schmitz was told his admirer could be a man, and that the show was investigating the incident.
Fieger maintained that "Jenny Jones" producers never conducted their own investigation into the murder and they were trying to deceive the public, just as they deceived Schmitz. The crux of the case, Fieger said, could be found in the words of Frank Amedure, Sr., Scott father, who testified last week. "'I wish my boy had never gone on 'The Jenny Jones Show,'" Fieger quoted Amedure as saying. "'He'd still be alive today. ... That show also destroyed another boy, Jonathan Schmitz. ... I miss him [Scott] everyday.'" "This is a case about exploitation and ultimately responsibility," Fieger added. "Scott's parents are asking for justice." But during closing arguments Wednesday, defendants' attorney James Feeney stressed that Schmitz's answers in his pre-show interview prove that the show's producers were not negligent in their handling of him and that he knew the potential for embarrassment on the show. He said Schmitz's initial hesitance and ultimate decision to appear on the show because his curiosity "got up" proves he knew about the risks. Feeney also challenged the plaintiffs' claim that the show sent Schmitz's into a deep depression. Schmitz, Feeney argued, was partying with Amedure and their mutual friend Donna Riley, and celebrating their appearance on "Jenny Jones." He said Schmitz did not behave like someone who had just been humiliated before a television audience. "Why would anyone party with people who had led him into a situation of embarrassment or humiliation?" Feeney asked. "I think [Schmitz] was celebrating. I think he was happy ... I think he was content." The defendants' attorney also noted that Schmitz had even made plans with Amedure after the show to go shopping for a ceiling fan. Schmitz, Feeney said, appeared to be a person that was coping with his experience on "The Jenny Jones Show." Feeney told jurors he did not know what happened to make Schmitz murder Amedure after the show. However, he suggested that Schmitz's family, particularly his father, turned his appearance on a same-sex, secret crush episode of "Jenny Jones" into a family crisis. "It was Jon's father who told him that he had not done a good thing appearing on the show and said something about not having grandchildren," Feeney said. "I think this played a significant role in Jon's thinking from here on forward." While most courtroom observers believe jurors will not reach a verdict until Friday, Fieger told a Michigan radio station that he thought jurors would render a decision by Thursday afternoon. Jurors will be deliberating until approximately 4:30 p.m EST. Bryan Robinson |
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