Month: February 2005




  • The Case Against Michael Jackson






    Sexual Education

    Teen accuser told investigators he knew more about “birds and bees” than Michael Jackson






    FEBRUARY 27–The Los Angeles boy who has accused Michael Jackson of molestation told investigators that the singer was a naif when it came to “the birds and the bees,” claiming that his alleged abuser “didn’t know much. I knew more than he did.”


    The surprising appraisal from the boy, now 15, came during a January 19, 2004 interview with Santa Barbara Sheriff’s Department officials, The Smoking Gun has learned.


    At the interview’s conclusion, a detective asked the child about conversations he had with Jackson about girls and any related guidance offered by the performer. The boy, who was 13 at the time of the alleged molestation, replied that Jackson would “always, like, try to give me” advice about “the birds and the bees.”


    However, the boy told investigators, “He didn’t know much. I knew more than he did.”


    The Q&A session, which was audiotaped, came about two months prior to the child’s initial appearance before the grand jury that later voted to indict Jackson on ten felony counts. During his testimony, the boy occasionally appeared flippant while discussing the alleged sexual assaults and Jackson’s provision of wine and assorted booze to him and his two siblings.


    When District Attorney Tom Sneddon asked if he had ceased drinking alcohol after leaving Neverland Ranch for the last time, the boy responded, “That period of my life, I went to AA. That period of my life is over.” To “make sure the record is clear,” Sneddon asked the boy whether he was kidding about attending Alcoholics Anonymous. “I’m just joking,” replied the accuser.


    At another point during his testimony, the boy was asked to describe the alleged molestation incidents in Jackson’s bedroom, which he did in graphic detail. The boy, who has been enrolled for years in a Navy sea cadets program, was then asked by Sneddon if anyone else had been present during the assaults. “No,” the child answered, adding, “Not unless a Navy SEAL dropped down.”


    At the close of his first day of testimony, the boy received Sneddon’s standard witness admonition that a judicial gag order barred him from talking to the media about his confidential testimony. “Oh man,” the child replied, “I was going to have a press conference.”


    The grand jury transcript, which TSG exclusively obtained earlier this month, also reveals that sheriff’s detectives interviewed a young friend of Jackson’s during the November 2003 raid of his California estate.


    The performer befriended the teenager, Omer Bhatti, in 1996 during a Tunisian stop on the singer’s HIStory tour (the child, then a 12-year-old Jackson imitator, was apparently spotted in front of Jackson’s hotel).


    Investigator Jeffrey Ellis testified that when he “broached the subject of pornography,” Bhatti became nervous and “seemed to have trouble forming a sentence. It was almost like a stutter.” Ellis added that when he asked Bhatti a series of questions about the consumption of wine and alcohol and references to “Jesus Juice,” he saw “that same type of uneasiness in him that I noticed when I started talking to him about pornography.”


    While prosecutors apparently sensed Bhatti had a story to tell, the Jackson crony appears only on the defense’s list of prospective witnesses.


  • February 27, 2005

    OP-ED COLUMNIST


    W.’s Stiletto Democracy


    By MAUREEN DOWD





    WASHINGTON


    It was remarkable to see President Bush lecture Vladimir Putin on the importance of checks and balances in a democratic society.


    Remarkably brazen, given that the only checks Mr. Bush seems to believe in are those written to the “journalists” Armstrong Williams, Maggie Gallagher and Karen Ryan, the fake TV anchor, to help promote his policies. The administration has given a whole new meaning to checkbook journalism, paying a stupendous $97 million to an outside P.R. firm to buy columnists and produce propaganda, including faux video news releases.


    The only balance W. likes is the slavering, Pravda-like “Fair and Balanced” coverage Fox News provides. Mr. Bush pledges to spread democracy while his officials strive to create a Potemkin press village at home. This White House seems to prefer softball questions from a self-advertised male escort with a fake name to hardball questions from journalists with real names; it prefers tossing journalists who protect their sources into the gulag to giving up the officials who broke the law by leaking the name of their own C.I.A. agent.


    W., who once looked into Mr. Putin’s soul and liked what he saw, did not demand the end of tyranny, as he did in his second Inaugural Address. His upper lip sweating a bit, he did not rise to the level of his hero Ronald Reagan’s “Mr. Gorbachev, tear down this wall.” Instead, he said that “the common ground is a lot more than those areas where we disagree.” The Russians were happy to stress the common ground as well.


    An irritated Mr. Putin compared the Russian system to the American Electoral College, perhaps reminding the man preaching to him about democracy that he had come in second in 2000 according to the popular vote, the standard most democracies use.


    Certainly the autocratic former K.G.B. agent needs to be upbraided by someone – Tony Blair, maybe? – for eviscerating the meager steps toward democracy that Russia had made before Mr. Putin came to power. But Mr. Bush is on shaky ground if he wants to hold up his administration as a paragon of safeguarding liberty – considering it has trampled civil liberties in the name of the war on terror and outsourced the torture of prisoners to bastions of democracy like Syria, Saudi Arabia and Egypt. (The secretary of state canceled a trip to Egypt this week after Egypt’s arrest of a leading opposition politician.)


    “I live in a transparent country,” Mr. Bush protested to a Russian reporter who implicitly criticized the Patriot Act by noting that the private lives of American citizens “are now being monitored by the state.”


    Dick Cheney’s secret meetings with energy lobbyists were certainly a model of transparency. As was the buildup to the Iraq war, when the Bush hawks did their best to cloak the real reasons they wanted to go to war and trumpet the trumped-up reasons.


    The Bush administration wields maximum secrecy with minimal opposition. The White House press is timid. The poor, limp Democrats don’t have enough power to convene Congressional hearings on any Republican outrages and are reduced to writing whining letters of protest that are tossed in the Oval Office trash.


    When nearly $9 billion allotted for Iraqi reconstruction during Paul Bremer’s tenure went up in smoke, Democratic lawmakers vainly pleaded with Republicans to open a Congressional investigation.


    Even the near absence of checks and balances is not enough for W. Not content with controlling the White House, Congress, the Supreme Court and a good chunk of the Fourth Estate, he goes to even more ludicrous lengths to avoid being challenged.


    The White House wants its Republican allies in the Senate to stamp out the filibuster, one of the few weapons the handcuffed Democrats have left. They want to invoke the so-called nuclear option and get rid of the 150-year-old tradition in order to ram through more right-wing judges.


    Mr. Bush and Condi Rice strut in their speeches – the secretary of state also strutted in Wiesbaden in her foxy “Matrix”-dominatrix black leather stiletto boots – but they shy away from taking questions from the public unless they get to vet the questions and audiences in advance.


    Administration officials went so far as to cancel a town hall meeting during Mr. Bush’s visit to Germany last week after deciding an unscripted setting would be too risky, opting for a round-table talk in Mainz with preselected Germans and Americans.


    The president loves democracy – as long as democracy means he’s always right.



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  • The Gates” near the Seventh Avenue entrance on Central Park South. Sunday was the 16th and final day for the project of 7,500 gates on 23 miles of Central Park paths.


    February 28, 2005

    A Last Look at ‘The Gates’


    By CAMPBELL ROBERTSON





    Contrary to some reports, Jeanne-Claude’s hair is actually a few shades darker than the Sunkist orange – er, saffron – of the million square feet of fabric hanging from “The Gates” in Central Park. It’s more the color of carrot cake.


    Still, she is unmistakable in a crowd. On a Sunday morning stroll through the art project in the park that she and her husband, Christo, designed, she could barely walk a few feet without attracting a horde of jacket-swaddled tourists.


    “Why are you taking pictures of me?” Jeanne-Claude barked. “Turn around; look at the gates! I see only coats! I want to see gates!”


    Art is long, and life is short, and city contracts are even shorter. The dismantling of the 7,500 gates was to start first thing today, and, Jeanne-Claude said, in keeping with her and Christo’s agreement with the city, it all has to be gone by March 15. That schedule is fine with her. February was the only month the project would work, she said, when the trees are leafless and row upon row of color can be seen in every direction.


    The dismantling will be easier than the installation because there will not be any need to be careful. The 5,290 tons of steel will be melted down and recycled – “The aluminum is going to become cans of soda,” Jeanne-Claude says – and the fabric will be shredded and turned into carpet padding. Then all that will be left of “The Gates” will be the memories, and the T-shirts, coffee mugs, posters, watches and baseball caps.


    There will also be the coffee table book, as there is for most of their projects. Christo spent yesterday morning with Wolfgang Volz, the photographer, gathering pictures for the book.


    Jeanne-Claude laughed, imitating her husband’s orders to Mr. Volz: ” ‘I want that tree and that tree, but not that one,’ ” she said.


    It was a bright sunny morning, but cold, and the park was crowded, considering the weather. There were the usual joggers, cyclists and Chinese wedding ceremonies, but also, of course, the New Yorkers and tourists coming for a first or last look.


    Everywhere she walked, Jeanne-Claude was followed by a constant stream of thank yous and butchered mercis. She smiled back, but would not sign autographs and stopped for photographs only grudgingly. In a whisper, she explained that the gratitude was misplaced. The whole project, all $21 million of it, was of, by and for themselves, Jeanne-Claude and Christo. If the public happened to like it, well, that was a bonus. Any artist would tell you the same, she said.


    So there is no weeping on her part for the end of “The Gates.” It was a project that took the couple 26 years, sure, but as of Feb. 12, the day the gates were unfurled, the creativity was over. Then their days were filled with maintenance problems, sanitation issues, tours through the park with out-of-town visitors. Every day was packed, from 5 a.m., when they woke up, to that glass of Scotch before bed 20 hours later.


    Now it is on to the next project: a plan to suspend several miles of fabric panels across the Arkansas River in Colorado. She began explaining, but broke off after a couple of sentences.


    “Look at that over there,” she said, pointing to a place where the fabric had turned peach in the glow of the afternoon sunshine, “and look over there,” she said, pointing to a panel veined with the shadows of a tree. “They are two completely different colors.” Out came her camera.


    After a brief stroll on the edge of the Sheep Meadow, Jeanne-Claude returned to the car, a Mercedes Maybach on loan for a few weeks from DaimlerChrysler. She said she originally laughed at the idea of the Maybach – “We don’t even own a bicycle” – but she clearly cannot get enough of the car.


    Out of a side-door compartment, she fished a saffron-colored Band-Aid tin, and from the tin snatched a cigarette. An assistant came to the window with a report: Someone had cut hearts out of the fabric in four gates. It’s always something; a few minutes earlier she pointed out a brand new gate, a replacement for the one that was hit by a taxicab. Was there much vandalism?


    “Vandalism?” she repeated. “Cutting out hearts? It annoys us, but I can’t call that vandalism.”


    Suddenly the door opened, and Christo tumbled into the back seat. Before the door closed, he was debating whether they had time to eat lunch, since it was the last day Mr. Volz could take pictures and had much more to do.


    “We always eat in 12 minutes,” Jeanne-Claude said.


    “To the boathouse, quick, quick,” Christo said to the driver.


    During the ride to the boathouse, Christo and Jeanne-Claude constantly talked over each other, pointing in a hundred different directions: look at the colors over there, look how the shadows of the branches fall here, look how the wind plays with the fabric.


    Like his wife, Christo said he was not bothered by the closing of “The Gates.” That’s what creating is all about, he said. You want to move on to the next thing.




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  • Hilary Swank, the winner for best actress for her role in “Million Dollar Baby,” on the red carpet at the 77th Academy Awards.


    February 28, 2005

    Business Meets Pleasure in Dressing for the Big Night


    By ERIC WILSON





    LOS ANGELES, Feb. 27 -Hilary Swank is paid to advertise Calvin Klein underwear, and for two weeks she had been consulting with the company’s women’s designer, Francisco Costa, on an Oscar gown. The dress was inspired by 19th-century portraits of Madame X, the narrow-waisted subject of paintings by Giovanni Boldini and John Singer Sargent that scandalized Paris for their seductive posing.


    But Ms. Swank created a mini-scandal of her own on Sunday night when she arrived at the Academy Awards in a different dress altogether – a dramatic ruched blue gown from Guy Laroche that clung to her body like a superhero’s disguise.


    “We wish it could have been our dress, but sometimes this happens,” said Kim Vernon, a senior vice president of Calvin Klein. “At the last minute, she said this is what she really wanted to wear today.”


    Perhaps Ms. Swank was being superstitious. She made a similar last-minute change in 2000 when she replaced a Christian Dior number with one by Randolph Duke, a switch that caught Dior representatives utterly by surprise. Ms. Swank went on to win for best actress that year. If it was superstition, it was proved justified: she won the best-actress Oscar Sunday night as well.


    Her switch to Guy Laroche also stood out because the dress was so different from what almost everyone else wore. At least before she turned around to reveal a plunging back, the dress appeared to be a nun’s habit compared with the nearly universal choice of strapless gowns by other actresses: Penelope Cruz in pale yellow Oscar de la Renta, Renée Zellweger in raspberry Carolina Herrera, Emmy Rossum in red Ralph Lauren, Beyoncé and Drew Barrymore in Versace, and Charlize Theron in a couture gown by the Christian Dior designer John Galliano, which the company said required 650 hours and 300 meters of tulle fabric to create. All were relatively safe choices, although they were a bit more daring than the classic satin slip dresses that have served as a red carpet uniform in recent years.


    The overall fashion statement made on the red carpet this year leaned toward primary colors, which was welcomed by several of the on-air commentators as a reprieve from the nude trend at last year’s Oscars. Yet some actresses clung to dull gray frocks like a favorite dust mop. Laura Linney devastated an otherwise interesting J. Mendel dress by appearing as if she had slicked her hair back at home and then driven all the way to the Kodak Theater in the back of a convertible. Another misstep likely to be pounced on by the fashion police around the water cooler Monday morning was Melanie Griffith’s swirling sea-foam Versace halter gown, which revealed too much as she hiked her leg up to show the cameras a broken foot.


    Dressing celebrities for the Oscars is normally a horse race among designers until the very last minute. This year in many cases the race seemed fixed because actresses had made prior arrangements. Virginia Madsen was a rare exception, remarking on ABC that she had selected her electric blue Versace gown at the last moment. On Friday night, Cate Blanchett, one of the few major nominees who was still undecided on a designer, agreed to wear Valentino as long as the house pledged to dress her alone.


    “The vaults are closed,” said Carlos Souza, a Valentino spokesman. “Focusing on one person is so much better because with many of these actresses, you never know until the last moment. Her boyfriend can say, ‘I’d rather see you in pink,’ or her dog will bark twice and its all over.”


    Indeed, the competition can be ugly. Early Friday afternoon in a luxury suite at the Regent Beverly Wilshire, four women in low-cut jeans and flimsy chiffon blouses were crawling around on the floor, indelicately sifting through roughly $13 million worth of diamonds and colored gem stones by the Brazilian jeweler H.Stern, which they hoped to place on celebrities attending the 77th Academy Awards.


    Andrea Hansen, the company’s marketing director, had just fielded requests from Jessica Paster, a stylist working for Ms. Blanchett, and from André Leon Talley, the editor at large of Vogue magazine, who was working with another nominee, Sophie Okonedo, on a fashion shoot. It was scheduled in less than an hour at Neiman Marcus down the street.


    “I’m packing up the whole room for Cate Blanchett,” Ms. Hansen said. A sack full of jewels rushed over to Ms. Okonedo was returned later, unused.


    Dressing an actress for the Oscars generates enormous publicity for designers. So it should probably come as no surprise that what the nominees wear seems increasingly the result of a business transaction more than an act of taste on their part.


    “It is the only moment we see this fake reality,” Mr. Costa said before the ceremony, somewhat presciently. “They are all in borrowed shoes, borrowed jewels and borrowed dresses. It gives the world a sense of beauty, but it’s a little odd, too.”




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  •  


    February 28, 2005

    ‘Million Dollar Baby’ Dominates Oscars


    By SHARON WAXMAN and DAVID M. HALBFINGER





    LOS ANGELES, Feb. 27 – In a year without blockbusters in the biggest Oscar categories, “Million Dollar Baby,” an intimate film about an underdog female boxer, captured four top awards Sunday at the 77th Academy Awards: best picture, best director, best actress and best supporting actor.


    The victories overshadowed the three-hour epic about the billionaire Howard Hughes, “The Aviator,” which had the most nominations, 11. It won five awards, but its director, Martin Scorsese, was denied the Oscar for best director for the fifth time.


    Jamie Foxx won best actor for his masterly portrayal of the rhythm and blues musician Ray Charles in “Ray.” A joyous Mr. Foxx, 37, tearfully recalled how his grandmother – “my first acting teacher” – told him how to carry himself, to “act like you got some sense” and beat him when he did not.


    “Now she talks to me in my dreams,” he said, breaking down in tears. “And I can’t wait to go to sleep tonight because we got a lot to talk about. I love you.”


    The Oscars for “The Aviator” included best supporting actress for Cate Blanchett.


    But it was Mr. Eastwood’s “Million Dollar Baby” that captured the hearts of voters in the Academy of Motion Picture Arts and Sciences. It was Mr. Eastwood’s second directing Oscar; he won for “Unforgiven” in 1993.


    Hilary Swank also won her second Oscar for best actress, for her portrayal of Maggie Fitzgerald, the waitress-turned-boxer who battles her way to the championship bout. At the podium, she thanked her husband, Chad Lowe, whom she forgot to thank publicly when she won for “Boys Don’t Cry” in 2000. Finally, Ms. Swank turned to Mr. Eastwood. “You’re my ‘Mo Cuishle,’ ” she said, using the Gaelic term Mr. Eastwood’s character translated as “my darling, my blood.”


    Morgan Freeman won best supporting actor for his portrayal of a worldly-wise ex-boxer. Mr. Freeman, nominated four times in his career, was given a standing ovation as he accepted the Oscar, his first.


    Asked to comment on the large number of nominations for black actors this year – five nominations for four actors – Mr. Freeman observed: “It means Hollywood is continuing to make history. Life goes on. Things change. They never stay the same. We are evolving with the rest of the world.”


    Ms. Blanchett won best supporting actress for her portrayal of Katharine Hepburn, Hughes’s lover, in “The Aviator.” In her speech, Ms. Blanchett thanked Hepburn, who died in 2003 at 96, for “the longevity of her career,” which she said was inspiring. Backstage, she said Hepburn’s relatives had been supportive of her performance. “They seem pleased and said she’d be pleased, and I believe them,” she said.


    “The Aviator” also took four other Oscars: for best cinematography (Robert Richardson), best editing (Thelma Schoonmaker), best art direction (Dante Ferretti and Francesca Lo Schiavo) and best costume design (Sandy Powell).


    For Harvey and Bob Weinstein, the founders and co-chairmen of Miramax who helped finance “The Aviator,” the night was a bittersweet farewell, after a quarter-century run that racked up 249 nominations and 60 Academy Awards. The company had 20 nominations this year.


    The Walt Disney Company is in the final stages of negotiation to close out the Weinsteins’ contract. “The Aviator” was also financed by Initial Entertainment Group and Warner Brothers.


    Chris Rock fulfilled his promise to shake up the established Oscar traditions as M.C. of the event, weaving racial humor throughout the show as when he had two burly black men come out as representatives of the accounting firm Price Waterhouse.


    This was not the sort of gentle, in-crowd humor that had been provided in years past by Billy Crystal or Steve Martin, and members of the audience seemed shocked, with Oprah Winfrey staring, her mouth agape, at Mr. Rock’s bald, if funny, critique of the industry. Early in the broadcast, he berated the industry for making movies without stars, saying Clint Eastwood was a star but Tobey Maguire was not. “You want Russell Crowe and all you can get is Colin Farrell?” he asked, advising: “Wait.”


    Underscoring the remoteness of this year’s best picture nominees from mainstream tastes, Mr. Rock introduced a taped segment in which he interviewed mostly black moviegoers at a theater in an inner-city neighborhood here, asking them if they had seen movies nominated for best picture. None of them had. Asked if they had seen “White Chicks,” a comedy starring two of the Wayans brothers, they said yes.


    Mr. Rock also took aim at President Bush, saying that if a Gap employee had squandered a budget surplus, started a war against Banana Republic and then learned that the reason given for going to war did not exist, there would be consequences.


    The best picture nominees largely traded on classic themes and human warmth, capping a film year that began with heated national debate over the religious, political and social implications of the director Mel Gibson’s “Passion of the Christ” and the director Michael Moore’s “Fahrenheit 9/11.”


    In addition to “The Aviator” and “Million Dollar Baby,” the best picture nominees were “Ray”; “Finding Neverland,” about Peter Pan’s creator, J. M. Barrie; and the comedy “Sideways,” set in California’s wine country.


    Alexander Payne and Jim Taylor won the Oscar for best adapted screenplay for “Sideways.” “Ray” won the Oscar for best sound mixing, and “Finding Neverland” won best original score. “Eternal Sunshine of the Spotless Mind,” a love story with an absurdist bent about erasing love from one’s memory, won best original screenplay for Charlie Kaufman.


    So far, none of the best picture nominees have made it to $100 million in ticket sales at the domestic box office, unlike last year’s best picture, “The Lord of the Rings: The Return of the King.” And no great controversy – with the exception of a late-breaking protest by advocates for the disabled, who objected to the portrayal of an assisted suicide in “Million Dollar Baby” – enlivened the run up to this year’s Oscars.


    “The Incredibles” won best animated feature and best achievement in sound editing. The Oscar for best foreign film went to “The Sea Inside,” based on the true story of a Spanish man’s 30-year struggle to have the right to end his own life with dignity. On the red carpet, the parade of stars and gowns – nominees, presenters and academy members – gave the evening the required sheen of glitz and glamour.


    To some extent, the campaign season had looked like a match race between Mr. Eastwood, 74, and Mr. Scorsese, 62, both of whom are sentimental favorites among academy members.


    This year’s ceremony came at a crossroads not only for Disney and Miramax but for other studios as well. MGM and its United Artists unit are on the verge of being swept under the umbrella of Sony Pictures through a complicated deal with Sony and Comcast.


    “Born Into Brothels,” a moving story of a Westerners attempt to teach photography to children of prostitutes in Calcutta, won best documentary. The film’s producers Ross Kauffman and Zana Briski said backstage they were now building a school in Calcutta for the children.


    The year was a landmark one for African-American actors, the first time that black men won both acting categories. It followed 2002, another landmark year, when Halle Berry and Denzel Washington won the two top acting awards, and suggested that blacks were gaining greater acceptance in Hollywood. Asked about the significance of his win backstage, Mr. Foxx said black people had too many negative images, and needed positive symbols. “In our music, our everyday life – why not have something positive, and stamp it with blackness,” he said. “When I was watching Halle Berry, watching Denzel Washington it gave me inspiration, that I could do my thing too.”




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    December 15, 2004

    FILM REVIEW; 3 People Seduced by the Bloody Allure of the Ring

    By A.O. SCOTT

    Clint Eastwood’s ”Million Dollar Baby” is the best movie released by a major Hollywood studio this year, and not because it is the grandest, the most ambitious or even the most original. On the contrary: it is a quiet, intimately scaled three-person drama directed in a patient, easygoing style, without any of the displays of allusive cleverness or formal gimmickry that so often masquerade as important filmmaking these days.

    At first glance the story, about a grizzled boxing trainer whose hard heart is melted by a spunky young fighter, seems about as fresh as a well-worn gym shoe. This is a Warner Brothers release, and if it were not in color (and if the young fighter in question were not female), ”Million Dollar Baby,” with its open-hearted mixture of sentiment and grit, might almost be mistaken for a picture from the studio’s 1934 lineup that was somehow mislaid for 70 years.


    Which is not to say that Mr. Eastwood, who is of Depression-era vintage himself (he will turn 75 next year), is interested in nostalgia, or in the self-conscious quotation of a bygone cinematic tradition, or even in simplicity for its own sake. With its careful, unassuming naturalism, its visual thrift and its emotional directness, ”Million Dollar Baby” feels at once contemporary and classical, a work of utter mastery that at the same time has nothing in particular to prove.

    Mr. Eastwood treats the conventions of the boxing-movie genre, its measured alternations of adversity and redemption, like the chord changes to a familiar song — the kind of standard that can, in the hands of a deft and sensitive musician, be made to yield fresh meanings and unexpected reservoirs of deep and difficult emotion.

    Mr. Eastwood (who, speaking of music, also composed the film’s gentle, unobtrusive score) plays Frankie Dunn, the owner of a tidy, beat-up gym tucked away in a shabby corner of Los Angeles. His best friend, who supplies world-weary voiceover narration to help the plot through its occasional thickets, is Eddie Dupris, (Morgan Freeman) a former fighter (nicknamed Scrap) whom Frankie managed long ago.

    Both men carry some heavy frustration and regret — Frankie has lost a daughter, Scrap has lost an eye — but they bear the weight gracefully and with good-humored fatalism, reconciled to loneliness and the diminishing returns of age. Scrap spars with the young would-be tough guys who hang out in the gym and watches out for the slow-witted orphan who is both their mascot and their scapegoat. Frankie, meanwhile, reads Yeats, studies Gaelic and goes to Mass every day, mainly to annoy the prickly young priest with inane theological challenges. The banter between Scrap and Frankie — the way that Mr. Freeman’s warmth and wit play against Mr. Eastwood’s gruff reserve — is one of the movie’s chief pleasures, and for long, satisfying spells Mr. Eastwood pushes aside the demands of storytelling to savor the comforts and abrasions of longtime friendship.

    Frankie is the latest in a lengthening line of crusty old-timers Mr. Eastwood has played since he became eligible for AARP membership, joining the gunnery sergeant in ”Heartbreak Ridge” and the retired astronaut from ”Space Cowboys” (among many others) in an unequaled pantheon of leathery masculinity. Perhaps no American actor besides Gene Hackman (who joined Mr. Eastwood and Mr. Freeman in ”Unforgiven”) has ripened with such relish, becoming more fully and complicatedly himself as he grows older. As a director, Mr. Eastwood’s innate toughness has mellowed into a sinewy grace, and as an actor his limitations have become a source of strength. When, late in ”Million Dollar Baby,” Frankie sheds tears, the moment brings a special pathos, not only because we’re unaccustomed to seeing Mr. Eastwood cry, but also because we might have doubted that he had it in him.

    Frankie, a gifted professional whose timidity — he prefers to think of it as common sense — has kept him away from the big time, receives a second chance in the unlikely person of Maggie Fitzgerald (Hilary Swank, in her best performance since ”Boys Don’t Cry”), a waitress who shows up at his gym and won’t take no for an answer. Frankie insists that he doesn’t train girls, and since Maggie is already 30, she’s too old to have much chance for glory in any case. But her combination of eagerness and discipline (and Scrap’s quiet expertise at manipulating his buddy’s few remaining heartstrings) wear down Frankie’s resistance, and he and Maggie are soon embarked on a classic underdog’s journey toward triumph.

    Or so we are led to believe. Midway through the movie, after Frankie and Maggie have had a frustrating visit with her unpleasant family back home in Missouri, Mr. Eastwood ends a calm, relatively unimportant scene by fading to black — a subtle, simple and chilling harbinger of the greater darkness to come.

    ”Million Dollar Baby,” written by Paul Haggis, is based on some of the stories in ”Rope Burns,” F.X. Toole’s collection of lean and gamy pugilistic tales. There is a pulpy, Irish Catholic fatalism in Mr. Toole’s work — and certainly in Mr. Eastwood’s approach to it — that can also be found in Dennis Lehane’s ”Mystic River,” the source for Mr. Eastwood’s last movie. This picture is smaller and more concerned with the fates of individuals than with the workings of family and community, but if anything, the shadows of authentic tragedy fall more deeply over its hushed, intimate spaces.

    Mr. Eastwood’s universe is, as ever, a violent and unforgiving place, in which the only protections against nihilism are the professional regulation of brutality (in this case by the sweet science of boxing) and the mutual obligations of friendship. Mr. Eastwood is unusual among American filmmakers not only for his pessimism, but also for his disinclination to use romantic love as either a dramatic motive or as a source of easy comfort. The question of sex never arises between Frankie and Maggie, and while there is abundant love in ”Million Dollar Baby,” it is entirely paternal, filial and brotherly. It is also severely tested by circumstances and proves to be at once a meager and a necessary compensation for the cruel operations of fate.

    I apologize for this flight into abstraction. It is, for one thing, the only way to avoid giving away the devastating surprises that give ”Million Dollar Baby” its overwhelming power. But such lofty language is also a way of suggesting the nature of that power, and the unexpected largeness of this intimate, casually told story. The film rarely shifts its gaze from its three main characters, who glow with a fierce individuality and whose ways of speaking unlock the poetry that still lives in the plain American vernacular.

    It seems fortuitous that Frankie is an admirer of William Butler Yeats, who in his later years developed a style of unadorned, disillusioned eloquence and produced some of his greatest poems: lyrics that are simple, forceful and not afraid of risking cliché. Late in the film, in his darkest hour, Frankie reads from ”The Lake Isle of Innisfree,” the younger Yeats’s pastoral dream of flight and transformation, a choice that makes sense in context. Mr. Eastwood himself, though, is closer to the sensibility of a late poem like ”The Circus Animals’ Desertion,” whose famous image of ”the foul rag-and-bone shop of the heart” might describe Frankie’s gym. Or there is this stanza, from one of Yeats’s ”Last Poems,” called ”The Apparitions,” which seems to me to capture the paradoxical spirit, at once generous and mournful, of this old master, Mr. Eastwood, and his new masterpiece:

    When a man grows old his joy

    Grows more deep day after day,

    His empty heart is full at length

    But he has need of all that strength

    Because of the increasing Night

    That opens her mystery and fright.

    ”Million Dollar Baby” is rated PG-13. It has some brutal fight scenes and some salty gym-rat language.

    ‘Million Dollar Baby’
    Opens today in New York, Los Angeles, Chicago and Toronto.

    Directed by Clint Eastwood; written by Paul Haggis; director of photography, Tom Stern; edited by Joel Cox; production designer, Henry Bumstead; produced by Mr. Eastwood, Albert S. Ruddy, Tom Rosenberg and Mr. Haggis; released by Warner Brothers Pictures. Running time: 135 minutes. This film is rated PG-13.

    WITH: Clint Eastwood (Frankie Dunn), Hilary Swank (Maggie) and Morgan Freeman (Scrap).



    Copyright 2005 The New York Times Company | Permissions | Privacy Policy



  • Ebbers May Testify. But Should He?


    February 27, 2005

    By KEN BELSON





    IT is perhaps the toughest decision a defense lawyer has to make: whether to put a client on the stand. In their hearts, lawyers want to let their clients tell the jury their side of the story. Yet by testifying, the defendant risks making a damning admission or a crippling display of arrogance under cross-examination.


    There is no hard rule for lawyers in these cases. Martha Stewart, the entrepreneur, did not take the stand and was convicted. Frank P. Quattrone, the former Credit Suisse First Boston banker, did testify in his defense and was convicted, too. John Walker, an executive at Qwest Communications, took the stand last year and was acquitted.


    As the country winds its way through the current crop of corporate corruption trials, lawyers for other defendants – notably Richard M. Scrushy of HealthSouth, now on trial in Birmingham, Ala., accused of fraud, and Kenneth L. Lay of Enron, who is scheduled to be tried next year, accused of fraud and conspiracy – must weigh the risks and rewards of asking their clients to testify.


    Yet the most vivid – and urgent – illustration of the quandary facing defense lawyers is on display in the government’s case against Bernard J. Ebbers, the former chief executive of WorldCom, who is on trial now in Federal District Court in Manhattan, accused of orchestrating an $11 billion fraud that toppled his company. That is because the crux of the case comes down to the testimony of one witness, Scott D. Sullivan, WorldCom’s former chief financial officer.


    During his two weeks on the stand, Mr. Sullivan said he told Mr. Ebbers several times that if WorldCom did not lower its forecasts to more realistic levels, the only way to meet its targets would be to inflate revenue falsely and hide growing expenses.


    “I told Bernie, ‘This isn’t right,’ ” Mr. Sullivan said, referring to the hidden expenses.


    Mr. Sullivan said Mr. Ebbers replied, “We have to hit our numbers,” which he interpreted as an order to make the illegal changes.


    Yet after five weeks of testimony, Mr. Sullivan is still the only person to say he spoke directly to Mr. Ebbers about the fraud. Prosecutors have not produced other documents or witnesses who could conclusively corroborate Mr. Sullivan’s testimony that Mr. Ebbers ordered the accounting changes.


    Defense lawyers have highlighted that no one else was present when Mr. Sullivan and Mr. Ebbers supposedly had their fateful meetings. They have also raised questions about why Mr. Sullivan – who said in 2002 that Mr. Ebbers did not know about the fraud – is now testifying against his former boss.


    Mr. Sullivan has since pleaded guilty to committing fraud and faces 25 years in jail. He is cooperating with the government in hopes of receiving a reduced sentence.


    The big question for Mr. Ebbers’s defense team is whether its attacks on Mr. Sullivan have raised enough doubt in the jurors’ minds about his story, or whether Mr. Ebbers still needs to tell his version of the events to rebut Mr. Sullivan’s testimony. As of Friday night, the defense appeared to think that Mr. Ebbers’s testimony was needed to assure his acquittal.


    One of Mr. Ebbers’s defense lawyers, Brian M. Heberlig of Steptoe & Johnson, told Federal District Judge Barbara S. Jones on Friday that there was a “very high probability” that Mr. Ebbers would testify on his own behalf as soon as Monday.


    A decision to have Mr. Ebbers testify would confound the expectations of many legal experts. Before news that he was likely to testify began to circulate, the consensus was that Reid Weingarten, Mr. Ebbers’s lead lawyer, should focus on poking holes in the prosecution’s case and shredding Mr. Sullivan’s credibility. By putting their client on the stand, the defense lawyers would take the focus off of Mr. Sullivan’s believability and put it on Mr. Ebbers’s testimony.


    “Any good defense attorney will do his best to have his client not testify,” said Jason Brown, a former federal prosecutor who is now a securities lawyer in the New York office of Holland & Knight. “The defense would rather concentrate on weaknesses in the government’s case.”


    Mr. Brown added that it would take a lot to persuade him to put Mr. Ebbers on the stand because the most damaging evidence – Mr. Sullivan’s testimony – is uncorroborated and Mr. Sullivan has a clear motivation for testifying against his old boss.


    But Mr. Weingarten may have lingering doubts about whether he has done enough to damage Mr. Sullivan’s credibility. While the defense has to convince the jury only that the government has not proved its case beyond a reasonable doubt, trying to read the jury’s mind is difficult.


    “The defense team has to make the judgment call whether or not the jury believes Sullivan’s story about his conversations with Ebbers,” said Timothy E. Hoeffner, a lawyer at Saul Ewing, a law firm in Philadelphia.


    During his week of direct testimony, Mr. Sullivan was a compelling and calm witness who spoke in great detail and appeared to show remorse for his crimes. After slumping through most of the trial, the jurors appeared to awaken when he was on the stand. In two days of cross-examination, Mr. Sullivan did not contradict his earlier testimony.


    Still, putting Mr. Ebbers on the stand could backfire. For now, the defense has been able to argue that Mr. Ebbers had a number of plausible reasons for not knowing about the fraud, both by introducing direct testimony and through suggestion.


    The defense has tried to portray Mr. Ebbers as a chief executive who was more of a strategist than an accountant, and someone who left financial details to Mr. Sullivan. They have also tried to show that Mr. Ebbers was incapable of understanding the details of Mr. Sullivan’s elaborate fraud. Mr. Weingarten, in his opening statements, also said that by 2000, Mr. Ebbers was trying to reduce his role at the company and effectively gave day-to-day control of WorldCom to Mr. Sullivan and Ron Beaumont, another company executive.


    If Mr. Ebbers takes the stand, prosecutors will undoubtedly press him to provide more specifics about what he was actually doing day to day and will look for inconsistencies in his story. They are also allowed to introduce any new, potentially damaging evidence they might have.


    “If the defendant doesn’t take the stand, you can argue your point using inferences,” said Michael B. Himmel, chairman of the white-collar criminal defense practice at Lowenstein Sandler, a law firm based in Roseland, N.J. “But if Ebbers takes the stand, you can be sure the government will home in on him during cross-examination.”


    Mr. Ebbers would undoubtedly prepare for an appearance on the stand. But defendants, Mr. Himmel said, “sometimes crumble” when they actually have to testify. “You never can tell,” he said.




    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top
















  •  The Buzz Log – Search Spikes and Trends addtomyyahoo




    Best of February
    Monday February 28, 2005 1:00PM PT





    Paris Hilton
    Paris Hilton
    For the shortest month of the year, we decided to compile some short lists of the month’s top searches. Here’s what you were looking for in February…

    Top overall searches:


    1. Paris Hilton
    2. IRS
    3. Valentine’s Day
    4. Britney Spears
    5. NASCAR
    Top music searches:

    1. Britney Spears
    2. Ciara
    3. 50 Cent
    4. Jessica Simpson
    5. Eminem
    Top television searches:

    1. American Idol
    2. Desperate Housewives
    3. The Apprentice
    4. The Simpsons
    5. The OC
    Top movie searches:

    1. Napoleon Dynamite
    2. Constantine
    3. Star Wars
    4. Million Dollar Baby
    5. The Phantom of the Opera
    Top actor searches:

    1. Jennifer Lopez
    2. Lindsay Lohan
    3. Pamela Anderson
    4. Jennifer Aniston
    5. Angelina Jolie




    The Other Oscars
    Monday February 28, 2005 4:00AM PT





    Oscar the Grouch
    Oscar the Grouch
    While most everyone was concerned about Oscar’s bald golden head in Hollywood last night, there were other Oscars who factored into the past week’s searches. The Academy Awards‘ famous statuette stands sentry on top of Oscar searches, but we can’t forget the other guys with the memorable moniker.

    Here are the top Oscar searches over the past week:





    Siegfried and Void
    Saturday February 26, 2005 9:00PM PT





    Las Vegas
    Las Vegas
    Once dominated by Wayne Newton and the animalistic antics of Siegfried and Roy, the cavalcade of Vegas performers has grown more competitive of late. Bigger names are throwing their rhinestone robes into the ring, lured by sweetheart deals from casinos eager to keep pigeons anchored to their slots. We took our own show on the road to see how these singing sensations are turning up the heat in search.

    The newest kid on the Sin City circuit is none other than Barry Manilow. Booked by the Vegas Hilton, the crooner of countless guilty pleasures is surging in search, up 26% this week. Looks like he made it, indeed. Not surprisingly, Monsieur Manilow is more popular with the swooning lasses than stouthearted men — only 37% of searches come from the fellas.

    Though they still have Celine in the stables, Caesar’s is taking no chances. They’re doubling down on the divas with the arrival of Elton John. The Rocket Man is now rocking and rolling the Palace, where the toga is worn without shame. Searches on Sir Elton are down a tad this week, but we’ll wager the Roman Empire he picks it up soon enough. As for the crooner whose heart will go on, searches on Dion remain high. File this factoid under “W” for “We don’t get it either.”

    Of course, no mention of Vegas would be complete without a nod to the old guard. Unfortunately, searches on Wayne Newton are falling despite his new show on E! and interest in Siegfried and Roy will continue to stay low while Roy recovers from his run-in. Until then, the dry ice and unitards have been passed to a new generation of performers. Viva Las Vegas!

  • February 28, 2005

    Winter Storm Arrives in New York Region

    By STEPHANIE ROSENBLOOM





    A winter storm that hit western North Carolina earlier today reached New York City and its suburbs this afternoon, bringing snow and strong winds as it pushed north along the Eastern Seaboard.


    “It’s a pretty fast-moving storm,” said John Elardo, a meteorologist with the National Weather Service in Morehead City, N.C. , who said that the storm originated near Cape Hatteras, along the North Carolina coast, and is moving north to New England.


    This morning the National Weather Service issued a winter storm warning for southeast West Virginia, western and central Virginia, and northwest North Carolina, where it snowed in Jefferson and Mount Airy today. Snow in those areas is expected to be heavy at times and to total 5 to 9 inches before it tapers off later in the day.


    Schools closed because of slippery roads or in anticipation of worsening weather in parts of western North Carolina, eastern Kentucky, Virginia, Pennsylvania and 20 of West Virginia’s 55 counties today, according to The Associated Press.


    Michael Silva, a meteorologist with the National Weather Service in Upton, N.Y., said the storm might produce near blizzard-like conditions in some areas, although it will not be a “classic blizzard” because there will not be strong enough winds over a large enough area. Wind gusts in New York City may get up to 45 miles per hour.


    The storm is expected to dump about 6 to 10 inches of snow across the city and slightly more north and west before tapering off after midnight. But only about 2 to 3 inches of snow is expected to accumulate before dusk.


    Rain and sleet are expected on eastern Long Island, where snow accumulation is to range from 4 to 6 inches.


    Mr. Silva said the storm would not be as severe as the one New Yorkers dug out of on Jan. 23, but he anticipated that it would bring “a bit more” snow than last week’s snowfall.


    Another, less significant storm on Tuesday is expected to bring 1 to 3 more inches of snow to the New York metropolitan area but it will be a quick burst of snow, according to Mr. Silva, one that could cause some commuter headaches.



    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top













  • Today’s Highlights in History

    Buy a Reproduction

    NYT Front Page
    See a larger version of this front page.

    On Feb. 28, 1993, a gun battle erupted near Waco, Texas, when Bureau of Alcohol, Tobacco and Firearms agents tried to serve warrants on the Branch Davidians; four agents and six Davidians were killed as a 51-day standoff began. (Go to article.)

    On Feb. 28, 1901, Linus Pauling, the American Nobel Prize-winning chemist and political activist, was born. Following his death on Aug. 19, 1994, his obituary appeared in The Times. (Go to obit. | Other Birthdays)


    Editorial Cartoon of the Day

    On February 28, 1880, Harper’s Weekly featured a cartoon about famine relief for Ireland.  (See the cartoon and read an explanation.)














































    On this date in:

    1827 The Baltimore and Ohio Railroad Co. was incorporated.

    1849 The ship California arrived at San Francisco, carrying the first of the gold-seekers.

    1854 About 50 slavery opponents met in Ripon, Wis., to call for creation of a new political group, which became the Republican Party.

    1861 The Territory of Colorado was organized.

    1951 A Senate committee headed by Estes Kefauver, D-Tenn., issued a preliminary report saying at least two major crime syndicates were operating in the United States.

    1953 Scientists James D. Watson and Francis H.C. Crick discovered the double-helix structure of DNA, the molecule that contains the human genes, in a Cambridge University laboratory.

    1974 The United States and Egypt re-established diplomatic relations after a seven-year break.

    1975 A subway train smashed into the end of a tunnel in London’s Underground, killing more than 40 people.

    1983 The album ”War” by U2 was released.

    1986 Swedish Prime Minister Olof Palme was shot to death in central Stockholm.

    1991 Allied and Iraqi forces suspended their attacks as Iraq pledged to accept all United Nations resolutions concerning Kuwait.

    2000 Right-wing Austrian leader Joerg Haider resigned as head of the Freedom Party in an apparent bid to end Austria’s international ostracism following his party’s rise to power.

    2002 A body found outside San Diego was identified as that of 7-year-old Danielle van Dam, who had disappeared from her bedroom about a month earlier; a neighbor was later convicted of her murder and sentenced to death.
















    Current Birthdays

    Bernadette Peters turns 57 years old today.

    AP Photo/Jennifer Graylock Actress-singer Bernadette Peters turns 57 years old today.


























































    82 Charles Durning
    Actor

    74 Gavin MacLeod
    Actor (”Love Boat,” ”The Mary Tyler Moore Show”)

    74 Dean Smith
    Hall-of-fame basketball coach

    73 Don Francks
    Actor

    66 Tommy Tune
    Dancer, choreographer

    65 Mario Andretti
    Auto racer

    65 Joe South
    Singer

    63 Frank Bonner
    Actor

    61 Kelly Bishop
    Actress (”Gilmore Girls”)

    60 Bubba Smith
    Football player

    58 Stephanie Beacham
    Actress

    57 Mercedes Ruehl
    Actress

    51 Brian Billick
    Football coach

    48 John Turturro
    Actor

    48 Cindy Wilson
    Rock singer (B-52s)

    44 Rae Dawn Chong
    Actress

    36 Pat Monahan
    Rock singer (Train)

    34 Maxine Bahns
    Actress















































    Historic Birthdays

    Linus Pauling

    2/28/1901 – 8/19/1994
    American Nobel Prize-winning chemist

    (Go to obit.)

    59 Michel de Montaigne
    2/28/1533 – 9/23/1592
    French writer of essays


    71 Gabriele Rossetti
    2/28/1783 – 4/24/1854
    Italian poet, revolutionary, and scholar


    93 Sir John Tenniel
    2/28/1820 – 2/25/1914
    English illustrator and satirical artist


    78 Douglas McGarel Hogg
    2/28/1872 – 8/16/1950
    English lawyer and politician


    85 Geraldine Farrar
    2/28/1882 – 3/11/1967
    American operatic soprano


    70 Ben Hecht
    2/28/1894 – 4/18/1964
    American novelist, playwright, and newspaperman


    83 Vincente Minnelli
    2/28/1903 – 7/25/1986
    American film and stage director


    41 Bugsy Siegel
    2/28/1906 – 6/20/1947
    American gangster who started Las Vegas gambling


    81 Milton Caniff
    2/28/1907 – 4/3/1988
    American comic-strip artist


    86 Sir Stephen Spender
    2/28/1909 – 7/16/1995
    English poet and critic


    82 Denis Parsons Burkitt
    2/28/1911 – 3/23/1993
    English surgeon and medical researcher


    62 Zero Mostel
    2/28/1915 – 9/8/1977
    American actor, singer, and comedian




    Go to a previous date.



    SOURCE: The Associated Press
    Front Page Image Provided by UMI


  • DILLER HOSTS THE ULTIMATE PARTY



    OF all the Oscar parties, the best might be the lunch Barry Diller and Diane von Furstenberg threw the day before at their splendid estate in Coldwater Canyon. It was the ultimate mix of east and west, with guests lounging on Persian carpets and pillows arranged on a sunswept lawn, devouring roast duck, sausages and pasta. Diller, setting the “very casual” dress code, wore pajama bottoms and Converse sneakers. The event this year honored Vanity Fair editor-in-chief Graydon Carter, who was joined at the hip with his fiancée, Anna Scott. Where else would you find the top moguls in the media — Michael Eisner, Rupert Murdoch, Sumner Redstone, Howard Stringer, Les Moonves, Tom Freston, Peter Chernin and Brad Grey — mixing with society figures like Reinaldo and Carolina Herrera, Aileen Mehle, Eric Wachtmeister and Tim Jeffries? Then add fashionistas like Tom Ford, Elle Macpherson and Andre Leon Talley. It’s the one bash where the movie industry isn’t triumphant, where you’ll also spot L.A.P.D. chief Bill Bratton and his wife, Rikki Klieman, artist David Hockney, plus restaurateurs Brian McNally, Amy Sacco and Rocco DiSpirito, and writer Christopher (“Hellbound”) Hitchens. In the minority were show biz types like Warren Beatty, George Hamilton, Anjelica Huston and husband Robert Graham, Robert Downey Jr., Peter Gallagher and Mariah Carey, who was holding hands with Brett Ratner for a few minutes. The best moment was when Angela Janklow showed David Geffen her Dolce and Gabbana purse festooned with the letters “DG” in rhinestones. “Maybe you should have this,” Janklow teased. D.G. declined.