15 MAR 05: TALENT CONTESTED

"The way you get ahead in this business is to do a lot of stand-ups...." Those words came Monday from a former Columbus TV journalist in federal court. What - did you think I was getting tips on becoming a TV sit-com star?

BLOG EXCLUSIVE: Melissa Schultz Miller returns to the witness stand today, in her discrimination lawsuit against the owners of WRBL. We found out Monday the case is about not only sex discrimination, but pregnancy discrimination. If Miller really wanted to be bold, her two-year-old child would be suing as well.

Melissa Schultz Miller testified for more than two hours Monday, about her year-and-a-half at WRBL. She said former News Director Mark Wildman hired her in 2001, and said he "wanted to move to the Fox style" of newscasts. He's apparently coming to town to testify -- so we hope to learn if Fox-54 is doing it right.

Miller admitted she signed a generic contract at WRBL, but said her business cards identified her as a "Producer-Reporter." Wildman told her putting that specific title in her contract was "not possible." Huh?! Didn't Wildman have any ink pens in his pocket?

(True confession: when I came to Columbus to work in TV news eight years ago, I was offered a contract that said "Executive Producer" on it - which was higher than the position I was taking. When I pointed out the error, that boss knew enough about word processors to make a change.)

But Miller may have hurt her case, by admitting she didn't take the "Producer-Reporter" business cards with her when she quit WRBL in 2003. She explained she left them at her desk, along with videotapes of her work. The old phrase says, "Don't go away mad; just go away" - but you should go away smart, at least.

Miller says her relationship with boss Mark Wildman changed April 1, 2002 - when she revealed to him she was pregnant. The father was a Fort Benning soldier who's her husband now, but not at the time. Hopefully this "event" didn't happen at one of those banned motels.

Miller told the jury Wildman said pregnancy would ruin her TV reporting career, and asked if she planned to get an abortion. Would this have caused THAT big a scandal in Columbus? After all, this blog didn't start for nine more months after this....

Miller choked up as she told jurors her response to Wildman's remark: "God doesn't give us many miracles, and I'm going to keep mine!" She was talking about the baby, I presume - because there wasn't any big change in WRBL's ratings.

After April 1, 2002, Miller says her boss started acting "very rude" toward her. At one point, he reportedly talked about how fat she looked "in front of the entire newsroom." It could have been worse, I suppose - Mark Wildman could have pulled out sticks, and pretended she was a piñata.

Miller says Wildman wouldn't let her appear on the air at WRBL because of her pregnancy, and because she supposedly looked fat in maternity clothes. Hasn't Kirstie Alley's new TV comedy proven how wrong this thinking is?

Miller told the jury it reached the point where all her maternity work clothes had to be approved. She called it "very embarrassing and very humiliating," because no one else at WRBL had to do that. How Jack Rodgers got away with some of his casual outfits, I have no idea....

Miller claimed as her time at WRBL ended, boss Mark Wildman was "picking on me.... very much on my case...." This shows times have changed at "News 3" - because no one from the news department is reporting on THIS case.

(But to be fair, almost the entire WRBL news team is listed as possible witnesses for the plaintiff - and rules invoked Monday bar them from court until they're called to testify. So why couldn't someone from the Opelika-Auburn News come down and take notes?)

The federal jury was shown a videotape WRBL gave to Miller after she quit in 2003. It had four reports on it, which she claimed were NOT her best work -- and in one, she "sounded like a cartoon character." So what's wrong with that? They'll have to change Bart Simpsons sooner or later.

Miller said another report on the tape with her voice was substantially rewritten by current WRBL News Director Cyle Mims. Miller didn't like it because the script wasn't conversational, and "no one really speaks in grammatically correct speech." They don't? Well, she WAS living in Phenix City when this happened....

Miller showed good knowledge of the television news business in her testimony. But she surprised Federal Judge Clay Land when she noted the Huntsville area where she now lives has more TV households than Columbus. Perhaps the judge doesn't realize how many NASA employees live in Huntsville -- and can afford their own TV sets.

But Miller was less than accurate when she defined the television news term "package" for the jury. She said it means a "reporter seen on-air" - which is NOT always true. I used to write packages for cable TV network news anchors, and they never demanded I put it a ten-second "face time" minimum.

The attorneys for Media General and WRBL have yet to question Melissa Schultz Miller. The lead defense lawyer is a young man from Richmond, Virginia named King Tower. [True!] And here I thought that's where the owners of King Ford in Valley looked over their car lots....

During opening statements Monday, King Tower told the jury Miller's pregnancy was the LAST thing on former WRBL News Director's Mark Wildman's mind - and he was more concerned about putting live newscasts on the air every day. Would more journalists please have that attitude, and quit following Denise Richards around to parties?

Tower asked the jury if Wildman opposed having pregnant reporters on the air, why TWO of them were on WRBL during his time as News Director. Pregnancy was "celebrated by the station," Tower claimed. So much, in fact, that one of Roslyn Giles's newborn babies was a top story one Sunday night.... [True!]

King Tower says the case in federal court isn't about pregnancy discrimination - but about talent. He contended Melissa Schultz Miller doesn't have the talent to be a TV reporter. If he loses this case, does Miller have the right to announce Tower lacks the talent to be an attorney?

Tower hinted at one of Miller's possible problems in moving to a reporter position, by saying TV reporters "need to be pushy." As if she wasn't?!?! She complained to the Equal Employment Opportunity Commission, before filing suit.... [True!]

Tower ended his opening statement with a cutting remark. He said WRBL's decision not to make Miller a reporter has been "vindicated," because she's been without a television job for two years. Now I feel more sorry than ever for Kathie Lee Gifford.

(Was Tower really thinking when he made that comment? A man in Wisconsin reportedly heard that sort of comment in a church sermon two weeks ago -- and we all saw the sad results....)

King Tower actually was the second attorney to make an opening statement Monday. Plaintiff's attorney Gwen Newsome-Bunn began, telling jurors about the work situation: "The broadcast news community is sort of a closed little club...." If that's true, how did George Stephanopoulos and Oliver North get jobs in it?

The plaintiff is NOT seeking a specific damage amount from WRBL. But Newsome-Bunn admitted several times the lawsuit IS about money, saying this is "Melissa's only chance" to obtain damages. I'll assume from that the E.E.O.C. turned her down cold....

(What did Newsome-Bunn mean when she said: "At least as of right now, we still have a right to a jury trial...."? Does President Bush want to get rid of the judicial branch, after Social Security is settled?)

WRBL's lawyers claim Melissa Schultz Miller was not good enough to be on television. But Newsome-Bunn told jurors the station's managers never told Miller that, and instead made fun of her pregnancy. Hey, at least they were helping improve the unborn baby's vocabulary....

Monday morning was spent on jury selection - and this jury is as balanced as it can be. It has six women and six men. It has six "Euro-American" and six African-American members. And it even has a minister from a well-known Columbus church - so one prayer could break a deadlock.

I haven't attended a federal trial before, so I was a bit surprised by the jury selection process. The jury pool is shown a video about trials, in which the narrator says: "All you need to bring is your common sense...." Uh-oh - some people would argue 80 percent of the population is disqualified right there, for lacking any.

Federal Judge Clay Land asked 26 potential jurors if they knew anything about this case - and NO hands went up. There's nothing more humbling for a blogger, than discovering you're not widely read.

(The judge even said: "I have no way of knowing if there's any media coverage of this case." I'll leave it up to you to send him e-mail about that....)

But to be fair, Clay Land also asked if any possible juror knew the attorneys in the case. One of the plaintiff's lawyers is Maxine Hardy - and no one knew who she was. She was the treasurer for Judge Roxann Daniel's campaign last year, so we may have a jury full of Bobby Peters fans.

One eliminated juror admitted knowing one of the defense lawyers, saying: "I taught his wife how to smock." To which Judge Clay Land answered: "Does she still regularly smock?" I can see the 2006 "Smock the Vote" signs going up now....)

Then Judge Land asked if the prospective jurors knew any of the possible witnesses -- which include almost everyone on the air at WRBL. "We're gonna find out which news you watch," he said. Other stations will be saddened to learn the judge did NOT ask about them.

Out of 26 possible jurors, 12 raised their hands to show they watch WRBL newscasts. One explained in her household, "We do the flip thing." Does she flip the dial back and forth at 6:00 p.m.? Or does she have Internet access on a "flip phone?"

The questioning broke down WRBL viewing by newscasts - and no one mentioned watching "News 3 This Morning." Maybe Melissa Schultz Miller was right after all, to claim working that shift was a demotion....

Yet while almost half the jury pool watched WRBL newscasts, many names of reporters/potential witnesses stumped the panel. Nine of them knew who Teresa Whitaker is, but only three knew co-anchor Phil Scoggins. Judge Clay Land put it better than I could: "Maybe they should give her a bonus."

(If you're keeping score at home: six potential jurors knew Roslyn Giles's name. Four knew Candace Cook, three knew Amy Giuliano - and only one recognized Blaine Stewart's name. Oh no! Now he may feel he needs an even bigger ego.

After questioning was complete, both sides in the lawsuit had a "silent" process of striking three prospective jurors each. Usually the Three Strikes game on "The Price is Right" is a lot noisier than this.

(For those of you puzzled by "striking the jury," imagine you're reducing your fantasy baseball roster before opening day....)

"We are fully secure here...." Federal Judge Clay Land told the 12-member jury after it was chosen, recalling the killing spree in Atlanta only days before. The courthouse was SO secure that I had to take off my belt -- and reveal to security guards Krazy Glue does NOT repair a belt that's split open in two.

"The U.S. Marshal's office is right around the corner, down the hall...." Judge Clay Land assured jurors. The courtroom itself seemed to have only one bailiff. I couldn't tell if she carried a weapon, but she DID have a two-way radio -- which I guess could be a weapon, to bonk someone on the head.

(BLOGGER'S NOTE: As we cover this trial, we should note all the facts we write are true from the courtroom proceedings. Unless noted, only the punch lines are our own creation. Look for more coverage Wednesday, of a case everyone else seems to be avoiding.)

E-MAIL UPDATE: Because of our extensive court coverage, we can't respond too much to your messages for a few days. So today's writers may get a free pass - starting with a follow-up to Friday's e-mail about building a "police machine":

Columbus Blue, My Vote Is For You

Richard's quote:

It's too bad that police officers can't pay for their children's school lunches. But with my family growing up, we developed a way around that. Step one: go to the store and purchase a lunch box - or if you can't afford that, buy some sacks....

Since, to give you benefit of the doubt, you are playing, "devil's Advocate" my response is:

Police Officers do have trouble paying for their children's school lunches. Police Officers have the right to expect enough pay to support their family, when they are doing a job that should merit proper pay.

Richard's Quote:

I don't have the numbers to answer Deborah's questions in this e-mail. But how many police officers would we really need if terrorists went after Columbus? Organize the remaining soldiers at Fort Benning, and those bad guys will retreat back to LaGrange in no time.

If a terrorist attack occurs the soldiers at Benning will be protecting the nation, not just the city. 388 officers would not be able to handle a surrounding population of 300,000 people and a geographic area that is 40 miles across. Half the county would need to be deputized. I have been deputized, have you ever been deputized in a time of Marshall Law? Scary thought for those with who have no training.

Richard's Quote:

Uh-oh - a police "political machine" in Columbus?! If she means something like Chicago has, this could be dangerous. People who have been dead for years somehow will file advance votes....

OHHHHHHHHHHHH, Blog- Blogger, must I give you a treatise on the distinctions between Political Machines and Mob/Mafiosa activities? Political machines differ from mobster activities. However, Daley, the elder, combined the two for "his own brand" of government. He ran a political machine and he used the police force as his private army. He had quasi-friendly ties to the mob because it was expedient. I have not, nor shall I ever, suggest such a mob-connected police- army machine.

Admittedly, the distinctions between political machine and mobster are muddled with the Daley version ... and it serves as example of a political machine that is corrupt, and to be avoided.

To advance the notion that police retirees on council would be "mob-boss driven" is, well, I would say "Ludicrous," but you would think i was talking about rappers, or bunny hoppers or what ever "Lewd-a-cuss" is. Exactly what do YOU know about mob bosses? (Probably, about as much as I know about "Lewd-a-cuss.")

Ironically, we did have serious mob connections here at one time. Do you read the "Fifty Years Ago" ... (God rest that good man, Patterson's soul! I have certainly read about the departure of it many, many times). In more recent years, if not for the Columbus Blue, and others, we would have had Lansky and Gambino type businesses here.

Columbus has a political machine, and though more mundane, it is still insidiously damaging. It is run by the remaining "Columbus Royalty" and their appointees, rather than the people. Columbus is no longer a "Mill Town" awaiting another shipload of cotton to come up the river from Plantation South. At one time Columbus had more millionaires than any city its size in the world. That is because the oppressed blacks, and the white mill workers supported that two-class socioeconomic system of "Haves" and "Have Nots." The "Columbus Royalty" grew out of that system and they have now appointed their faithful to carry on the mixing of business enterprise with public funds.

Richard's quote:

(Philadelphia had something like this years ago, as Frank Rizzo went from police chief to Mayor. So what HAS Willie Dozier been doing for the last few months?)

But I'm not sure the "blue machine" candidates really need to take classes in public policy and public speaking. For one thing, under Deborah's logic current officers couldn't afford them. For another thing, we have a two-term President who never seemed to take those classes.

The president was groomed for office with an Ivy League education, debate classes and the world's best speech writers. As an infant, they were bouncing him on their knee telling him, "You're going to be The President, one day."

The People In Blue are street smart, but they may need preparation to deal with politicians, particularly local politicians, who really understand circumvention of the law, through political loopholes.

The People need to take Columbus back from the "Columbus Royalty," who use public money for private things and private money for public things. Putting Police Retirees in place on council seems an apt place to start replacing the feudal system. Those who serve and protect, The People in Blue, need to straighten this city out from the top to the bottom of the food chain.

Deborah Owens

Thank you, Deputy Owens. I've never been deputized at all. But if it helps, I used to watch Deputy Dawg cartoons when I was a boy -- and I learned you should be very careful around "goose grease."

No, I have not been "deputized in a time of Marshall law." But thankfully, former Marshal Ken Suddeth handed out a lot of those badges to his buddies....

What do I know about mob bosses? I could refuse to answer on the grounds that it could incriminate.... naahh, I'll answer that. I avoid all "Godfather" movies, not to mention "The Sopranos."

Deputy Owens makes an interesting point about the "Columbus Royalty." It may be in decline, because no one in the Bradley or Turner family made the last "Forbes 500" list of the wealthiest people -- and I noticed Judge Bobby Peters had his classic Thunderbird on sale again Monday night.

If President Bush was being coached for the job on his parents' knees years ago, what did they tell Florida Governor JEB Bush? He says he's not running for President in 2008. Is he expecting to become somebody's running mate?

One more message on this busy day, before we go:

Richard:

Your blogsite is hilarious, because Columbus and its citizens are even funnier. The town's obsession with Former Mayor and now Judge Bobby's love life and extra curricular love life; the homeless and bums downtown who also ask me for my spare change (Spare money? Still not sure of what that concept really is, I work for my money like most people in town do); the City Council's oblivion to how it is degrading the public safety on a daily basis by refusing to pay its Public Safety Officers little more than an Army Private's pay and the list goes on.

Columbus, wake up! How do we hire more Police Officers at such an abysmal pay level? Lower the standards. Statistics show Police Officers with more education have lower rates of excessive violence reports. Or are we more content to just set up these great folks for failure by piling the work on them, keep their pay low and abandon them when a mistake happens and then vilify them in the press? For you to imply that LT Randy Robertson is jealous of the City Manager's proposed raise is ludicrous. Why would we give the man a raise after a month on the job? Do we really think the city is being managed that well at all? Is he working so hard that he needs two Deputies making more than the Commanding General at Fort Benning?

I understand that a narrow-minded majority of Columbusites voted in November to defeat the one percent sales tax increase that would maybe have gone to the Public Safety Officers, although LT Robertson couldn't even get the council to agree to consider a pay raise if the tax passed. Why did it come to that? How much did the new Columbus Square Mall...I mean library cost? What business school grad dreamed up building a library on the site of the old, failed mall, with the option of putting shops in the library at a later date? If the mall failed to attract shoppers, who thinks the library will. Bank some of that money, invest it and increase the salary of the Public Safety personnel.

Point is, the citizens of Columbus get what they deserve. They will march and wail when Public Safety Officers don't respond to an incident the way the over-rated high school paper, the Ledger-Enquirer, thinks is adequate, but they won't raise the pay of those on the front lines of day to day Columbus activities. They couldn't re-elect Bobby so they made him a judge! Those who know the story will find absolute irony in that! Those brave people patrolling the streets and waiting at the firehouses for the alarm to sound should be praised for their dedication, too bad the citizens and leaders of the community don't have the same commitment.

David Daniels

David, you might not like reading this - but Columbus Police don't even have part-time patrol jobs inside the new library. Those well-dressed security officers are on duty. But then again, maybe they have part-time jobs as hotel concierges.

I didn't realize the Deputy City Manager (only one at the moment) makes more money than Fort Benning's Commanding General. That may explain why Carmen Cavezza moved from Benning to be City Manager - but no one moves the other way.

Your donations can keep this blog ad-free and independent-minded. To make a donation, offer a story tip or comment on this blog, write me - but be warned, I may post a reply.

If you quote from this in public somewhere, please be polite enough to let me know.

© 2003-05 Richard Burkard, All Rights Reserved.