All these wonderful things

Dole Drops Lawsuit Against BANANAS!* Filmmakers

The Dole Food Company just announced that it was withdrawing its defamation lawsuit against the filmmakers of the documentary BANANAS!*, that screened amidst controversy in June at the Los Angeles Film Festival.

The move by Dole comes directly after two weeks of strong support in director Fredrik Gertten's home country of Sweden.  First, members of parliament screened the film and voiced support for Gertten, largely on free speech grounds.  Later, two Swedish grocery store chains announced that they wanted meetings with Dole to discuss the lawsuit and a Swedish hamburger chain dropped Dole fruit salad from their menu in protest of Dole's actions against Gertten and producer Margarete Jangard.

In a statement just released, Dole directly references the action in Sweden as the reason for the company withdrawing its lawsuit:

"Dole made its decision in light of the free speech concerns being expressed in Sweden, although it continues to believe in the merits of its case. Dole strongly believes in freedom of speech and expression, which are so important in Sweden and the United States.

"While the filmmakers continue to show a film that is fundamentally flawed and contains many false statements we look forward to an open discussion with the filmmakers regarding the content of the film," said C. Michael Carter, Dole`s Executive Vice President and General Counsel.

Much more about the recent developments can be found at the filmmakers website.

The Monday Brief: Indie Film in Hell - The Bloodbath, CineVegas & Polanski, But Signs of Hope With Ondi Timoner's Innovations, CAPITALISM, SEPTEMBER & IT MIGHT GET LOUD

Is the entire indie film world going to hell?  That's been the question vibrating through our community for the past several weeks, particularly after a Toronto International Film Festival that was light on sales and a summary paper issued by Anne Thompson, in which she labeled this year's TIFF an "indie bloodbath":

"The old independent market is over. A new one will take its place. But we are smack in the middle between the end of one paradigm and the start of another, and it’s a scary place indeed...

If nobody knew anything before, they know even less now. The one sure thing is that moviemakers will now PAY to get their films released. The few remaining distributors can sit back and wait for movies to drop in their laps, often with P & A funds attached. All hopes of a hot sale at a festivals were dashed this year."

And if you think filmmakers going to festivals have it bad, what about the festivals themselves?  This year has seen an unprecedented upheaval, as five of the top 10 festivals for documentaries saw a change in leadership (Sundance, Silverdocs, Los Angeles, Tribeca and Full Frame) and a number of film festivals found themselves making news - Toronto over its choice of Tel Aviv for its City to City Spotlight, Los Angeles in its battle with the BANANAS!* filmmakers and lawyers from Dole, SF Jewish Film over its screening of RACHEL, Tokyo due to its rejection-then-capitulation/acceptance of THE COVE, not to mention the coup at the Denver Film Society.  And what does it say about the New York Film Festival if most of NYC's indie film cognoscenti took the first flights out of town to be in Austin for Fantastic Fest, just as NYFF was opening?

Now we learn that CineVegas, one of the best regional festivals in the US, will not be back for its 2010 edition (although they state publicly that they will try to return sometime after that) and yesterday  the news that filmmaker Roman Polanski was arrested in Switzerland as he was en route to receive a lifetime achievement award from the Zurich Film Festival.

Add to all this what any filmmaker on the festival circuit (including this one) can tell you with certainty - for many festivals, the days of largesse have passed.  No travel, no accommodations, no screening fees.  Oh yeah, and if you want more than a couple tickets to your film, you're going to have to pay for them.

Let that sink in for a moment.

LA Times Updates the Court Case at the Heart of the BANANAS!* Controversy

Last week, the Los Angeles Times filed two articles dealing with the court case at the center of the controversy over Frederik Gertten's BANANAS!*, which screened in June at the Los Angeles Film Festival (for our coverage then, see here, here, here and here).

While the first Times article (written by Alan Zarembo and Victoria Kim) only mentions the film (and Dole's subsequent lawsuit against the filmmakers) in passing, it does explore the fascinating and complex history of the story told in the film - that of LA personal injury lawyer Juan Dominguez who may or may not have committed fraud in finding witnesses who were allegedly poisoned by chemicals used by Dole Food Co. in Nicaragua.  It also seems to be the first on-the-record response from Dominquez about the case and the charges that have been leveled against him.  At the LAFF screenings, the filmmakers said that one of the reasons they could not revisit or re-edit the film was because Dominguezhad gone underground and was refusing to talk to the media (Dominguez' brother proclaimed the attorney's innocence in a highly charged panel discussion at LAFF):

"Dominguez stands accused by a judge of participating in a broad conspiracy built on phony claims. Cases that he expected would go to trial this year have been thrown out. A $3.2-million jury verdict on behalf of six plaintiffs in 2007, which he had hoped would be the first of many victories against Dole Food Co. and Dow Chemical Co., is likely to be overturned.

The accusations against him came in a highly unusual proceeding in which Los Angeles County Superior Court Judge Victoria Chaney relied on secret testimony collected by Dole. Dominguez and other plaintiffs' attorneys had set out to find legitimate claims but turned to fraud when they found few, she wrote. What resulted was a "heinous" scheme "cemented together by human greed and avarice," she said in making her ruling.

Dole, which ran the banana plantations at the time, has used the ruling to cast doubt on dozens of other DBCP claims in U.S. courts, including efforts to enforce tens of millions of dollars in judgments from courts in Nicaragua. "An international legal shakedown," Theodore Boutrous, an attorney for Dole, calls the claims.

Dominguez, 52, now faces investigations by the State Bar of California and scrutiny by the U.S. Department of Justice.

He said he has done nothing wrong: "I don't engage in anything illegal or unethical."

"The whole thing is a crazy nightmare," he said."

Rachel Rosen Departs FIND/LAFF, Returns to San Fran

Rachel Rosen, who for the past 8 years has Director of Programming at the Los Angeles Film Festival, announced today that she was leaving LAFF and Film Independent to rejoin the San Francisco Film Society, where she had worked prior to coming to Los Angeles.  She will serve as Director of Programming for the Film Society, which oversees the city's long-running film festival as well as other events.

indieWIRE's Brian Brooks has the story this morning:

“My inclination would be never go back to a job that you left, that seems like a good rule of thumb,” Rosen admitted, but added, “It’s a completely new job.” She acknowledged that she is making the move at a time of tremendous change, for organizations, festivals and the cinema. “I’ve been watching what Graham’s been doing, it’s interesting and exciting. I think the changes have been really dramatic and impressive.” The enagaged San Francisco audience, which has shown ongoing support for international and independent cinema locally, was also a factor in her decision, she added.

Rosen is the second high profile departure from LAFF in the past 10 months.  Rich Raddon, the former festival director, resigned in November 2008 after controversy arose over his contributions to an anti-gay marriage group.  Rebecca Yeldham joined LAFF as Raddon's successor in March.

LOS ANGELES 2009: Carlos Hagerman & Juan Carlos Rulfo's Stunning THOSE WHO REMAIN Named Top Doc

THOSE WHO REMAIN (LOS QUE SE QUEDAN), Carlos Hagerman and Juan Carlos Rulfo's beautifully etched portrait of families left behind in Mexico as loved ones go to the US for work, took the grand jury prize for Best Documentary at the 2009 Los Angeles Film Festival. 

The jurors - including film critic David Ansen, filmmaker Anna Boden and last year's winner, LOOT director Darius Marder - noted the film's perfect blend of artistry and journalism in awarding the prize at the LAFF Awards Brunch Sunday morning.

In accepting their award from Spirit Award winning actress Melissa Leo, co-director Hagerman thanked the Los Angeles Film Festival and also noted BANANAS!* director Frederick Gertten, whose film was moved out of competition amidst controversy over whether the lead character had committed fraud.  Hagerman said that it was his wish that everyone would get to see BANANAS!* and expressed his solidarity with Gertten and the filmmakers.

The LAFF prize comes with an unrestricted grant of $50,000, which the filmmakers of THOSE WHO REMAIN told me will assist in their outreach efforts.  The film, which had its US premiere at Los Angeles, has the potential to reach a varied audience - both those who have been affected personally by immigration as well as those who may have preconceived ideas about the families involved.  Hagerman and Rulfo's stunning camerawork and expert editing and use of music paint a series of portraits of families that have been affected as one or more members go north for work.  While in no way a didactic message film, the co-directors skillfully introduce larger themes that boldly challenge the stereotypes that have largely ruled the debate over immigration in the US.  And while the film doesn't shy away from the economic challenges facing the region (a series of still lifes of abandoned buildings speaks volumes), as the film reaches its climax, the filmmakers remind the audience of the traditions and celebrations that enrich the lives of those who remain in Mexico (by choice or by circumstance).

THOSE WHO REMAIN deserves a large audience both for the subtle messaging as well as its artistic craft.  It is certainly one of the best films of 2009.

LOS ANGELES 2009: Breaking the Cycle in OCTOBER COUNTRY

Portraits of families - particularly ones with quirks or disfunctions - are a proud subset of the nonfiction genre, stretching back to AN AMERICAN FAMILY and even earlier.  But recently, a number of filmmakers are addressing these issues within their own family and doing so with a sense of artistry that boosts what could have straightforward portrayals of infidelity, abuse or illness.

Within the past two years we've watched Morgan Dews' essayistic collage poem, MUST READ AFTER MY DEATH, and Jeremiah Zagar's beautifully filmed IN A DREAM, both looking to the previous generations - grandparents and parents - in their exploration of the family dynamic.

Now comes OCTOBER COUNTRY, Michael Palmieri and Donal Mosher's lyrical and devastating look at Mosher's family in a small town in upstate New York where the only place left to shop is a Wal-Mart super center.  While portraits of slowly decaying towns have been captured before, few have been rendered as beautifully as OCTOBER COUNTRY, as filmed by Palmieri (who was inspired by earlier essayistic photographs taken by partner Mosher).  Through his lens, we know that Herkimer, NY (population 7500) is on the ropes, even before the film tells us (in an almost sideways reference) that the nearly Remington Arms plant may soon close and deprive the region of a major economic source.

Appropriate them that this disintegrating town, which knows it's in trouble but may not have the wherewithall to recover, is the backdrop to the Mosher family story: father Don, bottled up emotionally from Vietnam-caused PTSD; long-suffering mother Dottie and daughter (Donal's sister) Donna.  Donna has two kids of her own - teenager Danael, coping with a young baby that she can barely take care of, and precocious adolescent Desi.  Together with Chris, an "adopted" teenage shoplifter that Dottie takes in, the daughters form the heart of the film.  It is their story that poses the central question - how do you break the cycle?

Now, inherently we know that the cycle can be broken and we know that the cycle has been broken already in this family - filmmaker Donal (unseen and unreferenced in the film) is clearly an artist of considerable talents.  But Donal and Michael's unflinching view of the Mosher family causes the rest of his siblings to reflect on their own ability to escape.  Chris knows, deep in his heart, that he can do more than figure out clever ways to steal from Wal-Mart.  Danael sees herself making the same mistakes that her own, still young, mother Donna did - pregnant at a young age, attracted to abusive men.  These are not oblivious victims.  They see the path they are on but seem to have no idea how to get off.

It's in respecting the inherent intelligence of their characters that Palmieri and Mosher shine - in addition to the formality of their craft and the beauty of their compositions.  Perhaps it was essential that this family story should be told by a family member.  While the film suggests that young Desi may be the one to break the family's destructive cycles, the fact that Donal has already broken free may not just help the youngest but just may help them all.

What is the Documentarian's Responsibility When the Story Changes?

We've been thinking a lot about the issues raised by the developments surrounding Fredrik Gertten's BANANAS!*, specifically the revelations of potential fraud in the case and intimidation and threats by Dole Food Co. 

[For a primer, please read previous posts on the topic, here, here and here.]

As we see it, the filmmaker made a film and the facts on the ground changed after the filmmaker completed his film and after it was accepted by the Los Angeles Film Festival as a world premiere.

And, as far as we can ascertain, the filmmaker believes that his film is finished - he made the film that he believed to be true based on what he witnessed.  Despite the fact that a different film - perhaps a better film - could be made now that events have changed, the filmmaker would like to close the book on BANANAS!* and perhaps make a second, new film - a sequel that may or may not debunk the case made in the first film - to deal with the changing reality.

The question on the table is - is this enough?

Let's throw out the surrounding circumstances for a moment.  Let's assume that Dole Food Company is guilty.  That they have willingly - and with malice - caused workers in Latin America to be sterile by extensive exposure to pesticides.  Let us also assume that their behavior in the last few weeks, their unconscionable harrassment of a filmmaker and an arts organization (as well as said organization's sponsors and parents) is a violation of both freedom of speech as well as a smoke-screen erected to change the subject.

Let us assume the worst of Dole.

Now that we have that out of the way, what is the responsibility of filmmaker Fredrik Gertten?  Not to Dole, or even to the Los Angeles Film Festival, which, it seems to us, has been heroic in its decision to screen his film, despite threats of lawsuits and injunctions from Dole, but to the audience?  What is the responsibility of a nonfiction filmmaker to leave his audience with the closest approximation of truth?

FIND/LAFF Statement on Last Night's Screening of BANANAS!*

More soon on last night's extraordinary screening and surrounding events on the UCLA campus for Fredrik Gertten's BANANAS!*  But here's the text of the statement handed out to audience members and later read by Film Independent director Dawn Hudson:

Welcome to our first screening of BANANAS!*

Before you watch this film, you need to know that serious questions have been raised about its credibility.

The picture you are going to see focuses on the Tellez v. Dole Food trial, which took place here in Los Angeles.  The plaintiffs' case was one of many cases put together by Los Angeles lawyer Juan Dominguez and a number of Nicaraguan lawyers against Dole for the alleged harmful effects to field workers from the pesticide DBCP used in farming bananas.  The case ended in a split verdict from the jury.

Subsequently, the judge who was managing all the Dole pesticide cases scheduled a trial with another group of plaintiffs recruited by the same lawyer.  After completion of the film and after the film's acceptance to LAFF, the court discovered fraud on the part of the plaintiffs and the plaintiffs' lawyers in this subsequent case.  Last Wednesday, June 17, 2009, the judge signed an order dismissing this second case because of fraud.  The judge specifically mentions in her ruling that the witnesses you will see in the film tonight (from the Tellez trial) lied under oath, presented false employment records, and presented fraudulent evidence of sterility.

Citing "Serious Threat", BANANAS!* Filmmakers Seek to Rally Documentary Community Behind Film, Against Dole

Last night we posted on the controversy surrounding the new documentary BANANAS!* that is set to premiere one week from today at the Los Angeles Film Festival.

Now, in "A Letter to the International Documentary Community" the filmmakers are reaching out to their colleagues, hoping to rally their peers to unite behind the film and against Dole Food and its team of lawyers.

While much of the letter shares language with a post on the film's website, it's a much more specific appeal, calling the actions of Dole and its lawyers "a serious threat to independent documentary production".

The complete letter after the jump.

BANANAS!* Out of Competition in Los Angeles After Judge Rules Protagonist Lawyer a Fraud

Two stories this week - one in the Los Angeles Business Journal and another in the NY Times - have stirred the pot in a controversy surrounding the forthcoming documentary, BANANAS!*.  The stories question the underlying truthfulness of the film, directed by internationally respected filmmaker Fredrik Gertten, particularly whether protagonist/lawyer Juan Dominguez perpetrated a fraud against both the legal system as well as the filmmakers.

Tonight, a publicist for LAFF confirmed to us that the film - announced as one of seven in this year's documentary competition - has been pulled from the competition line-up.  The move was described as a mutual decision between fest and filmmakers.  The film will still play at the festival - despite an apparently agressive campaign by Dole Food Co., the international food conglomerate that bears the role of villain in the film, to have a judge block the film from screening. 

BANANAS!* is now billed as "A Case Study" on the LAFF website, with added paragraphs describing a newly-added post-film discussion:

"Between the film’s completion and its screening at this year’s Festival, critical new elements of the case have come to light.

What happens when a story continues to evolve after the shooting stops? This case study and screening will explore the relationship between documentary filmmaking, objective and subjective point of view, as well as the rights and responsibilities of activist filmmaking."

[Full disclosure - Our own film, CONVENTION, is screening at LAFF in the documentary competition this year and we share a publicist - David Magdael - with the filmmakers from BANANAS!*]