Monthly Archive: May 2015

The Point Radio: Julie Benz Has Our Attention

From BUFFY and ANGEL to DEXTER and then DEFIANCE, Julle Benz is an actress that has had our undivided attention. With DEFIANCE about to return for season three, we catch up with Julie about where we last saw her character, what’s ahead and how far she’ll go to research a role. Then, with civil unrest and police mistrust at the top of the news cycle, CBS Legal Analyst Rikki Klieman tackles it all from a new angle this weekend (Sunday at 9pm ET) on Investigation Discovery.

The Law Is A Ass

Bob Ingersoll: The Law Is A Ass #356: RICK CASTLE HAS A SEIZURE

127956_9905Aced her Captains Exam, my ass! Based on the level of knowledge Kate Beckett showed this week, she couldn’t have aced a Poker hand with a stacked deck.

The May 11th episode of Castle was a fairly typical episode of the show. I’m not saying that like it’s a bad thing. A fairly typical episode of Castle is entertaining and doesn’t insult your intelligence over much. A fairly typical episode of Castle, also means New York City homicide detective Kate Beckett and her husband, mystery writer Rick Castle, were investigating a murder.

The episode started with a Jane Doe running through some remote woods in upstate New York then out onto a road, where she was hit by a truck, and died. Someone had carved crosses onto the woman’s face, so the state troopers believed she had been attacked in the woods then chased until she was hit by the truck. The truck driver saw a dark figure wearing a mask emerge from the woods. Based on this, the state troopers classified the case as a homicide. There was a recent receipt from a Manhattan coffee shop on the victim, so the troopers called Beckett hoping she could help them track down the victim’s identity.

Accidental death by truck during a brutal assault, however, is too ordinary a case for a police procedural show like Castle. There had to be a complication. Something to give the case that audience-grabbing oomph just before the show broke away for the opening credits.

There was. First Castle recognized the facial cross carvings and the truck driver’s description of the assailant’s mask. Then Castle gave us that extra oomph.

When he was a boy, Castle chanced upon a murder in progress while walking through some woods. Castle saw the killer had carved crosses onto the victim’s face and that the killer wore a distinctive mask; the same crosses and same mask from the current Jane Doe case. Castle realized that the Jane Doe was the work of a serial killer who had been operating for thirty years.

The detectives determined that their killer du semaine must have hidden his victims’ bodies so none were ever found. They were classified as missing persons. No one knew they murder victims, let alone that there was a TV-styled serial killer involved.

No one, that is, until Castle put the pieces together. When Castle saw the killer the first time, the killer, for reasons known only to no one, didn’t kill the only person who knew about his mask and his penchant for carving facial crosses. The killer simply warned Castle not to tell anyone about what he saw. Because that’s what you want to do if you’re a serial killer who operates in such secrecy that no one even knows you exist; you leave the only person who knows you exist alive to talk to the police. Oops, let me rethink that whole not insulting your intelligence thing.

In the course of their investigation, Castle and Beckett end up interviewing a person and Castle immediately recognized that person’s voice as being the murderer’s voice. So with about ten minutes to go in the episode, Castle and Beckett knew who the murderer was.

Problem was they had no proof.

Then Beckett learned the murderer’s dead parents had owned a remote farm in upstate New York near where the Jane Doe died. The farm was now held in trust now and their suspect was the trustee. Castle and Beckett realized that this remote farm was a perfect place for hiding bodies.

Problem was they still had no proof.

Beckett knew she could never get a warrant to search the farm based solely on Castle’s thirty-year-old voice recognition. “And if I searched it without one, then any evidence I would find would be inadmissible.” Okay, so far so good. Beckett showed an understanding of search and seizure law that was more than good enough to you ace a captains exam.

Then Beckett proved she actually understood search and seizure about as well as Cookie Monster understands good eating habits. “But you’re not [a cop],” Beckett said to Castle. “It would be trespassing. You would be breaking the law. But if you found something… And I know how much this means to you. So whatever you decide, I will back your play.”

The show broke for commercial. But rather than watch AT&T’s Lilly profess her love of bedazzling again, I took the opportunity to start writing this column in my head.

Detective Beckett was correct, the Fourth Amendment did prevent her from searching the farm without a warrant. Beckett was also correct that the Fourth Amendment doesn’t cover the actions of private citizens and that if a private citizen searched the farm without a warrant then gave any evidence he found to the police, that evidence would be admissible, because there was no state action involved – state action being actions by any government, either state or federal. It’s called the Silver Platter Doctrine, a term first used in Lustig v. United States, 338 U.S. 74.

Where Beckett went wrong was classifying Castle as a private citizen.

If a private citizen conducts a search while acting as a government agent, then state action does exist. United States v. Jacobsen 466 U.S. 109. If the private citizen is working with the police, than anything the private citizen finds during an illegal search is every bit as inadmissible as evidence found by an actual police officer, because, in essence, the police did find it.

So the question is: Was Castle acting as a private citizen or as a government agent when he searched the farm? The answer is plain. But to make it plainer, let’s look at the test most federal courts use to determine whether a person is acting as a private citizen or a government agent.

It’s a two-prong test, because courts would never make anything so simple that it could be answered with only one prong. The prongs are “ 1) whether the government knew of and acquiesced in the intrusive conduct, and 2) whether the party performing the search intended to assist law enforcement efforts or to further his own ends.” U.S. v. Walther 652 F.2d 788, 791 (9th Cir. 1981).

Here Detective Beckett not only knew of and acquiesced in Castle’s warrantless search, she actually suggested that Castle commit criminal trespass in order to search the farm for the evidence to convict the murderer. Under the Walther test, there wasn’t enough doubt that Castle was acting as a police agent to give Thomas the Apostle pause.

And even Thomas would have stopped doubting when the show came out of commercial break. Castle didn’t drive up to the farm alone. Castle and Beckett drove up to the farm together. Beckett stayed in the car which was parked just on the other side of the farm’s property line and watched through binoculars, while Castle searched the farm’s barn. But Beckett didn’t want Castle “going in alone.” She instructed him to put his cell phone on speaker. Ever the dutiful husband, Castle gave Beckett a step-by-step account of what he found over his cell. At one point, Beckett even told him, “you’re gonna need more than that to call the police. Look around he may have keep trophies from his victims.” Beckett may not have been physically conducting the search, but she was directing it from long distance.

Was there state action? Hell yes! Castle’s search had more state than the 114th Congress. In fact, considering current gridlock, Castle’s search had a more government action than the 114th Congress. A lot more.

Beckett’s suggested plan of attack was one that guaranteed none of the evidence found on the farm would be admissible. Her plan actually jeopardized their chance of catching the killer. Unless, of course, she and Castle planned to lie on the witness stand about how Castle found the evidence.

But they wouldn’t do that, would they? Not even I am so cynical as to suggest that “Effective Perjury” is covered in the captains exam.

Martha Thomases: Betty and Veronica and Adam Hughes and Sex

Betty & Veronica Adam HughesThis week, Archie Comics announced a Kickstarter campaign to launch a bunch of new titles. If you read the comments at the link (which normally, I would never recommend), you’ll see people who object to Adam Hughes drawing Betty and Veronica because it objectifies the characters, seeing them through the male gaze.

First, let me say that I like Adam Hughes’ work. I think the women he draws, while beautiful, also look physically possible, more like movie stars with trainers than broomsticks with hair and boobs.  If that gets me booted out of Feminism Camp, so be it.

But mostly, when has Betty and Veronica been about anything but the male gaze? Two beautiful teenage girls, interchangeable except for the color of their hair, wear the most revealing clothes the Comics Code would allow, mooning over a boy who is average at best. The fact that these have been described as “comics for girls” is an example of gender-role indoctrination at its most insidious.

And, yes, I kind of like them, too. I contain multitudes.

Anyway, this story, which might not be important in and of itself, seems to me to be part of a larger issue. We are in (I hope) a period of transition, as women and other groups who don’t look like studio heads and venture capitalists (i.e. by and large mostly straight white men) are trying to tell their own stories or, at least, see stories about characters who look like them.

This happens most felicitously when a variety of people get to tell their own stories in their own ways. It can also happen when talented straight white men who actually know a variety of people tell a story honestly.

It doesn’t happen when they take a straight white male hero and slap tits/black skin/brown skin/queer impulses on him. Unfortunately, that last option happens a lot. And when the hero is made female, she is too often cast because she looks beautiful, not heroic.

This was satirized brilliantly on a recent episode of Inside Amy Schumer. A jury of 12 angry men sat in judgment as to whether or not Amy Schumer was hot enough to star in a cable television show. They didn’t talk about whether or not she was funny, or a talented actor. They talked about whether or not her appearance gave them a “chubbie.”

Lots of women in show business have complained about this type of behavior, and for the most part, men – even sympathetic men — haven’t fully believed them. In fact, the show was inspired by a real event  and a real idiot, a man with access to entertainment executives, a man to whom the industry listens.

It’s tempting, at this point, to sigh and make a (stereotyped and bigoted) joke about nerds who live in their mothers’ basements and don’t know any real women. Those jokes might even have a bit of truth to them. However, we live in a time when women who express opinions and demonstrate autonomy get death threats. Their jobs are threatened. The men responsible complain about the tyranny of feminism (in which case, where is my scepter?) and lament that women get to control their own bodies when deciding with whom they want to have sex.

(Note: I read that somewhere online in a comments section, and can’t find the link anymore. It might be the opinion of only one guy. I hope so.)

There will be nothing on television in the upcoming season that extreme because television exists on advertising aimed at the mass market. Instead, we’ll get a bunch of shows that pat women on the head for being so gosh-darned resourceful as to manage both a career and a vagina . All the women starring in these shows will be as beautiful as Betty and Veronica. and they will have gorgeous wardrobes. Some will be able to chase criminals while wearing high heels.

It is up to us, as the audience, to see to it that this condescending, patronizing kind of show falls flat on its face.

 

Tweeks: Teen Titans Go!

TTGTweeksTeen Titans Go! is an animated TV show that follows the Teen Titans — Robin, Starfire, Cyborg, Raven & Beast Boy — when they are not saving the world.  They live in a T-shaped building (cool) together (so cool) as teenagers (OMG even cooler) without adult supervision (CAN YOU EVEN IMAGINE!)  It’s based on DC’s Teen Titans, so if you watch closely you’ll see some characters you might know.  But you should watch because they have an episode where they just say “Waffles” and one where Robin has to house sit the Bat Cave.  They also like to sing.

When we were at WonderCon, we had chance to talk with the show’s producers, Michael Jelenic and Aaron Harvath, as well as two of the voice actors, Scott Manville (Robin) and Greg Cipes (Beast Boy).  Teen Titan Go! airs Tuesday night at 6/5c on Cartoon Network.

Dennis O’Neil: Cop Shows, Reality Blows

I call them “cop shows” or, if I’m feeling a bit cutesy, “badge operas.” A screenwriting acquaintance says they’re “procedurals.” But never mind the label: by whatever name, they’re what constitutes most of the bread-and-butter television programming and you probably don’t have to go further than your nearest remote to find one.

There will be a pseudo family of protagonists – police, doctors, lawyers, feds, the occasional fire fighter or paramedic – and these people will be presented with a problem, usually one that involves injury done to an innocent party, and, using their skills and wit and such facilities as are provided to them, they will solve the problem. Usually, but not always, there is a happy ending appended to the story and once in a very great while, things end badly.

But don’t hold your breath waiting for that episode. Usually, by the rolling of the end credits, righteousness and harmony have been restored, justice has been done. The message, which we get over and over and over and over again, is that the system works to assure that the good guys win. Those good guys may have their quirks and eccentricities, but they’ve got each others’ backs and they will get the job done!

Do you believe that? Do I? Well, no, not consciously. That’s not the message real life has delivered. But it is the message that we hear every day, constantly. And I suspect that it registers with most people, at least subliminally, and we are cheery and optimistic enough to hit the mall and, you know, buy happy-making stuff.

Many of the world’s religions have been offering similar palliatives for centuries. No matter how wretched your life is, be patient and do what we say and eventually you’ll go to the Big Rock Candy Mountain.

But procedurals aren’t all that television provides. Lately, if you’ve surfed your way onto a news channel, you’ve seen images of fire and chaos and violence. That little town outside St. Louis – Ferguson, is it? And a couple of hundred miles or so south of where I’m sitting, a favorite city, Baltimore. Riots and looting and pain and terror. None of it scripted.

More to come? Almost certainly.

Maybe something can be done. But…the situation isn’t really that bad, is it? Oh, that business in Ferguson and Baltimore and maybe a few other locales here and there, now and then – that’s certainly disturbing. But fundamentally, everything’s okay. Nothing broke that won’t be fixed.

Now, what’s on tonight? Law and Order SVU? One of the CSI shows? Oh, and Bones. Bones is always good.

 

Molly Jackson: Cracking the Stack

Probably everyone I know has that stack of books in their home just waiting to be read. You know, that stack of books that you bought at an event, or saw at the bookstore, or a friend gave you as a must-read! Well, my stack has grown to become an amorphous blob of books, overtaking my apartment like an alien virus. It’s about time I get cracking some spines open.

So, I started with Strong Female Protagonist http://strongfemaleprotagonist.com/, which I admittedly was first interested in totally based on the name. Because, it’s about time we saw more female comic leads. Like I always just started saying, if the Big Two won’t provide, go to the indie comics!

SFP is a web comic (yes, you can read it for free! but since I spend a good chunk of my life on the subway unground sans Internet, I just bought the book to get me started) starring Allison, a former superhero who is just trying to figure out who she is with, or even despite, her powers. We follow Allison as she interacts with the world and the people around her, some with powers and some without.

This story, by Brennan Lee Mulligan and Molly Ostertag, pays off in that Allison’s questions aren’t specific to a superhero with powers or even to a woman. They apply to everyone and anyone could relate to this story. It was a fantastic read, and I immediately jumped right onto the web to read what happened next.

The downside of reading it was the knowledge I had waited so long to read it. I had heard of Strong Female Protagonist for years but failed to follow through on actually reading it. Everything we read affects who were are as people, so I can only wonder who I would have been if I had more strong female characters in comics.

At least, I’ve learned my lesson. That stack of books is going to shrink, even as I continue to add to it.

 

Mike Gold: Gerry Conway, Freedom Fighter

I’ve been reading Gerry Conway’s new Amazing Spider-Man mini-series (or whatever; contemporary comic book numbering would even baffle the ancient Romans who had no concept of “zero.”) and I’m enjoying it… but not in the way I expected. I expected Classic Conway, which is fine. What we got was a solid Spidey story written in a very contemporary style.

But that’s not this old dog’s only new trick.

Gerry’s been very busy standing up for creators’ rights; obviously, including his own. His efforts have earned praise from Neal Adams, the medium’s worthy and long-time leader in the ongoing battle for creators’ rights. Most recently, he’s been commenting on DC’s latest talent-relations habit where they would bonus comics talent for extra-media use of characters they created. If the creation was at all derivative, DC no longer feels the need (non-contractual obligation based upon decades of precedent) to write a check. For example, Gerry Conway created Power Girl – with artists Ric Estrada and Wally Wood – but, because Power Girl is “derivative” of Superman, no bonus. One would think the character is derivative of a certain soon-to-be-televised Marvel superhero, but that’s a story for a different legal team. DC can define derivative any way it wants, but the end result is that money that once went into creators’ pockets now stays in DC’s.

The fact is, any character created for the DC Universe is derivative at least in part simply because it must exist in the DC Universe and honor the DCU’s laws of physics. The old bonus thing is now meaningless because the creator has no recourse except to complain. There is no incentive to trust DC with your new creation because they feel you’re lucky to walk away with your page rate intact. Maybe.

From this point forward, only an idiot or a newbie would create a character for the company. The DC Universe, perpetually fighting eight decades of staleness, is going to continue to press the Reboot Button like some crack monkey in a lab.

This is hardly Gerry’s first rodeo at the Freedom Fighters’ Ranch. Way back in 2014, Gerry wrote a very impressive piece that was reprinted in Forbes Magazine about how Amazon’s acquisition of Comixology hurts comics creators.

This is so important that I’m actually putting it in a separate paragraph and italicizing it:

What hurts comics creators hurts comics readers, and hurts the entire comics medium.

I must make two disclaimers. First, I’ve known Gerry for, oh damn, almost 40 years. That’s frightening… for Gerry. Second, Gerry Conway has created or co-created the Punisher, Firestorm, Steel, The Deserter (my favorite; sadly, it fell victim to the DC Implosion), Killer Croc, Tombstone, Man-Thing, Killer Frost (if you watch The Flash teevee show, that would be Caitlin Snow) and just under a zillion others. So, yeah, it’s his ox that’s being gored, but when you’re right, you’re right.

And Gerry Conway is right.

By the way, you’ll note I called Gerry an “old dog” up in the second paragraph. For the record, he’s two years younger than I am. So I mean “old dog” in the nicest, Scoobie-Doo sort of way.

 

Box Office Democracy: Hot Pursuit

It was easy to deduce that no one involved believed that Hot Pursuit was a good movie. Reese Witherspoon is fresh off an Academy Award nomination for Wild, Sofia Vergara stars in a TV show widely credited, however accurately, as reviving the sitcom, and, if internet coverage is any indication, people are clamoring for comedies with predominately female leads. If Hot Pursuit were any good at all it would get a big release at a time where it could do big business, not thrown in the wake of Avengers: Age of Ultron where it will sink anonymously. You can know before you see it that Hot Pursuit is a bad movie, but even that might not prepare you for just how drab and boring it truly is.

Basically every joke in Hot Pursuit is based on the Odd Couple-esque relationship between Reese Witherspoon and Sofia Vergara and it just fails over and over again. Witherspoon plays the regulation-obsessed police officer with all the believability of a bad improv performer, she talks less like a police office and more like an alien from another planet who has never heard of colloquialisms or compound words. They also keep referencing a faint mustache that makeup apparently couldn’t be bothered to give her. Vergara is more or less playing the only character I’ve ever seen her play, the beautiful snobby diva with a surprise twist to make her relatable in the third act. There’s no difference in her here than in any plot she drives on an episode of Modern Family. Neither character feels like a real person to me so the jokes feel very abstract and they, for the most part, don’t hit. The most successful joke in the whole movie comes from the two women grossing men out about their periods, and while it isn’t the most original joke I’ve ever heard it’s at least coming from a relatable place.

The plot is thin, which is honestly an accomplishment for an 87-minute movie. The heroes make what appear to be clean escapes from the bad guys chasing them and go to some out of the way places only to have to escape at a moment’s notice again. There are character turns that come out of nowhere and that they seem to expect to have impact, but the characters they come from only had expository lines up until now so it’s hard to care about them being evil. They also expect me to believe that the main characters bond not over the stressful circumstance they’re in but that they’ve both had family members die. I hardly think there’s a secret fraternity of people who have had relatives die or it would include just about every person on earth.

The most damning criticism I can make of Hot Pursuit is that it feels like three episodes of a sitcom run back-to-back. With the exception of one slumming A-list actor there’s nothing here that couldn’t be found on a night watching CBS. The material isn’t funnier, the scope isn’t larger, the production values aren’t better, and it’s just a bland collection of elements I could get for free and don’t even want then. Hot Pursuit is what happens when a cash grab comedy goes off the rails and becomes a festering pit where comedy goes to die. It’s like an Adam Sandler movie with marginally better gender politics.

The Point Radio: Greg Poehler Heads Back To Sweden

NBC’s summer hit sitcom, WELCOME TO SWEDEN is back. Created by Greg Poehler (along with sister Amy), we get a peek at what lies ahead this season. Greg, and fellow castmate Illeana Douglas,  talk about subtitles, a change of seasons and more fish out of water stories. Plus she was Little Vickie on THE LOVE BOAT and despite three successful dry decades in show business, actress Jill Whelan is glad to be out to sea once again

In a few days, we take a look at where NBC’s THE BLACKLIST is ending the year and where season three could be starting. Actress MEGAN BOONE spills all.   Be sure to follow us on Twitter @ThePointRadio.

Emily S. Whitten: Writing the Long Game

I just returned from a week’s vacation out in the sort-of-middle-of-nowhere, and it was glorious. Being my first long non-family or -convention-related vacation in ten years, it gave me some much needed down time to, e.g., work on my non-journalistic writing (along with spending time with a wonderful friend and meeting new friends, reminding myself anew of how terrible I am at watercolor painting, reading the exceptional journalistic work of Ernie Pyle, getting a tad bit in shape, listening to excellent music really loudly through gorgeously immense speakers, stepping out into the sun more than I usually do in my office-bound work, and, you know, actually relaxing a bit).

A lot of editing got done this past week. And yet, on my return, I’m still not done editing my current project, i.e. the comic I’m co-writing. This is not because I’m just that slow (although on occasion I am) but because with this piece of writing, I’m having to practice a skill I’ve always lacked the patience to hone – playing the long game. (In the sense of building and playing out a long-term storytelling goal, not trying to con y’all. Although maybe the story will do that too. You never know.) It’s a skill I really need to develop if I’m going to execute certain of the ideas I’ve been building in my head over the last few years for both this comic and other stories; and yet one of my traits that is actually sometimes an oddly great virtue in my life, my impatience, is in this situation a great impediment. While impatience, used properly, can make me the person to, say, push forward with getting tasks done as efficiently as I think they should be, when it comes to complex storytelling, it’s my downfall.

Why? Because I really want the first part of this story to be done already, so we can start sharing it with the world (because I’m so, so nerdily excited about it!) and also so we can move on to the next bit of story and get even more of our ideas out there. And yet, patience is key to building the story we want to tell. Since it’s a comic, once an issue is out there, you can’t go back in editing and add a bit more foreshadowing like you can when writing a novel. And since we have built a story that, if done right, could conceivably last for at least sixty issues, there are things that, for it to be as fun and cool and twisty as we want it to be, must be built in from the beginning. And that takes time, and patience, and meticulous care.

That is why this writing vacation has been so great for me. It’s given me the time to do much of the all-important editing (I think I’m on my fourth round now?) that is going to make this story sing (we hope). And it has reminded me that if we want our story to unfold the way we are envisioning it in our heads, patience really is a virtue, and it’s okay to take the time to work it all out. Now that I’m back to the daily grind, I’m going to try my darnedest to hold onto that reminder; and for anyone who’s in the same writing place as me right now (I know you’re out there!), I hope you do too.

And until next time, Servo Lectio!