18 MAR 05: DREAM JOB?
The discrimination lawsuit against the owners of WRBL should go to the jury today. It will go there with several accusations dropped - but at least it will go there with jurors thinking Blaine Stewart sounds like a news anchor everywhere he goes.
BLOG EXCLUSIVE, DAY 4: Federal Judge Clay Land dismissed one of the claims by plaintiff Melissa Schultz Miller Thursday - a complaint against WRBL of "constructive discharge." For some people in the South, this happens every time they shoot a deer....
In addition, the lawyers for Miller abandoned a claim that WRBL violated the Family and Medical Leave Act. If you think about it, this only makes sense. Miller DID leave to have her baby in December 2002 - and she's been with her family without a job ever since.
The decisions made with jurors outside the courtroom leave three discrimination claims pending against WRBL, along with a request for punitive damages. Based on what he's heard, Judge Clay Land speculates the jury "could conclude either way" on discrimination -- and he thinks most of them just want to conclude, and go home.
The reduction of the lawsuit occurred after the plaintiff's attorneys rested their case. They finished Thursday afternoon by playing a taped deposition from former WRBL anchor Cheryl Butler. She's now a reporter in Allentown, Pennsylvania - so apparently people have forgotten that scary old Billy Joel song.
Cheryl Butler was recorded three weeks ago saying some of Mark Wildman's actions as WRBL News Director surprised her. She says Wildman once actually called Melissa Schultz Miller's reporting voice good. This raises a big question - was this one of the days when Wildman wasn't telling the truth?
Butler admits she thought Miller's voice sounded "pretty good." But other current and former WRBL employees took the stand in person, and disagreed with that view. This should prove it once and for all -- TV reporters do NOT all spout the same ideas.
But Butler was surprised when a WRBL resume tape for Miller hardly showed her on-camera. She explained being seen on the air "creates a relationship with the viewer." For instance, viewers in prison fall in love with female reporters and start sending them weird mail.
Butler called Miller a solid reporter, who mastered the "colloquial vocabulary" of television news. Such as never saying the word "colloquial" on the air, because most viewers don't know what it means....
Butler recalled being out live for WRBL one evening, and seeing Miller on a monitor looking obviously pregnant. She told the video deposition co-workers around her said "uh-oh," and "upheaval at the station" followed from it. You'd almost think Miller was having one of those "wardrobe malfunctions."
Speaking of wardrobe, that was another thing Butler says surprised her about Mark Wildman. The News Director accused Miller of "sexual harassment" for wearing too short a skirt at work - a skirt Butler declared was "just above the knee." Come to think of it, no attorney asked Wildman if he was a Southern Baptist.
(Butler recalled wearing a skirt with the same length one day, but Wildman said: "you can wear that skirt anytime you want to." I thought they only pulled out rulers and measured inches at newspapers.)
The WRBL parade of stars was live and in person late in the day, as Media General attorneys began presenting their case. They included "Blaine Gros," as he called himself on the witness stand. "They call you Blaine Stewart," Judge Clay Land noted - but attorneys for the plaintiff for some reason never challenged Stewart's truthfulness.
Stewart/Gros noted Roslyn Giles remained a WRBL anchor throughout her pregnancy - and when she had a baby, Mark Wildman actually approved a full report on the birth for a second run during a newscast. Some days, Columbus must have absolutely no news going on....
After Stewart came longtime WRBL reporter Jon Paepcke, who now works in Birmingham. Paepcke's parents were in a courtroom they know well, since his dad worked for decades with the U.S. Court system. But Paepcke's mom was still a mom - pointing out to me how his collar wasn't quite right. [True!]
Melissa Schultz Miller supposedly was asked to help Jon Paepcke with "On Your Side" investigations after producing the 12:00 noon news. But Paepcke told the court in eight years, "nobody's ever produced one of my stories." It's that sort of humility which endears so many people to television reporters.
(Paepcke went on to say as an investigative reporter at WRBL, "I was pretty autonomous." And recalling how few prospective jurors recognized his name last Monday, he was also pretty anonymous.)
Jurors should have been thrilled at the end of the day, as the winner of our Big Blog Question for best hair in Columbus television took the stand. We're talking about Candace Cook - though Jon Paepcke's slick-looking buzz-cut might give her a challenge, if he still lived here....
Miller's attorneys contend the plaintiff was more qualified than Cook to become a reporter. But Cook noted she came to Columbus from a top station in Philadelphia, and did practice reporting on her own after hours for nothing -- with NO promise from Mark Wildman she'd become a reporter. In college basketball, this is called a "walk-on" player.
Even WRBL's competition wound up on the witness stand Thursday. Former WTVM News Director Dale Cox explained he never called Miller back about a resume tape in 2003 because "if we're interested, you'll hear from us." In television, silence is bad - both on and off the air.
We shouldn't overlook the testimony of the first defense witness. Former WRBL Sales Manager Jenny Collins said she did NOT review all of Miller's dresses -- only one skirt, which she didn't think looked that bad. So did Mark Wildman really ask to check all of Miller's outfits? What he secretly shopping for his wife or something?
(But Collins did recall one day at WRBL, when she saw Miller wearing blue house slippers. For some reason, no attorney asked if they matched the rest of her outfit.)
Melissa Schultz Miller's attorneys finished their presentation Thursday morning by calling two executives. Media General's Gwen Partenheimer was accused of not giving Miller's pregnancy discrimination complaint "a good-faith investigation." C'mon now - many ministers claim TV news isn't good at covering faith matters ANYTIME.
Partenheimer is Media General's Human Resources Manager in Virginia. She told the court this was her first time checking a broadcast discrimination case - and in the process, she learned "producers have more responsibilities than reporters do." Aha - Miller wanted to become a slacker.
Partenheimer admitted under questioning complainants usually are questioned in discrimination investigations, "but not in this case." I'm still not sure what makes pregnancy discrimination different. Is it too controversial to attempt to interview a fetus?
Former WRBL General Manager Matt Browning also testified, and confirmed News Director Mark Wildman never was disciplined for his handling of Miller's pregnancy. In fact, Wildman received a ten-percent raise to more than $63,000 days after Miller quit. Wildman might get a phone call this weekend from City Manager Isaiah Hugley....
But Browning admitted one e-mail from Wildman about Miller's pregnancy complaint in December 2002 seemed out-of-line. He explained: "I thought it was curt.... smart-alecky." Are we sure this wasn't written by Jack Rodgers?
Browning's testimony revealed how much members of the WRBL news team are paid. As of 2004, new reporters were paid between $25,300 and $27,700. Before you Columbus police officers become envious about this, remember - LaGrange really doesn't have television news at all.
Browning was asked about the character of his News Director - and he admitted Wildman's truthfulness was "based on circumstances." If Wildman talked about himself, "then he would stretch it." Journalists always should be accurate -- even about the fish they catch.
A very unexpected name came up in this lawsuit for the second time Thursday - Michael Jackson. Shame on all of you who see that name, and think he's the real father of Melissa Schultz Miller's baby....
Plaintiff's attorney Maxine Hardy invoked Michael Jackson's name, as an example of how to conduct an investigation properly. I guess that means you should pay off the accuser, to keep her silent.
By the way, WRBL may have surprised many viewers late Thursday night. For the first time in at least eight years, there was a live newscast after the NCAA basketball tournament ended. In most other years, you would have seen an infomercial - so I guess the station's profits are up this year.
(BLOGGER'S NOTE: If a verdict is announced in this trial Friday, we will post it here as soon as we can - since after all, where else will you get the word? If not, we'll summarize Friday's court events in our next scheduled posting on Sunday.)
Meanwhile, other things ARE happening around the area....
+ North Highland Assembly of God presented a Biblical "passion play" at the RiverCenter - while only a couple of blocks down Broadway, clubs staged a St. Patrick's Day "pub crawl." The day these two events come together, we truly will achieve "One Columbus."
(As usual, I avoided wearing green clothes on St. Patrick's Day. I didn't even listen to any songs by the band Green Day.)
+ Don Mosley resigned from the board of Habitat for Humanity, and revealed founder Millard Fuller seemed to pass a polygraph test he took last July. A polygraph exam is one time when "sweat equity" could be a bad thing.
+ The Georgia House voted down a proposal to legalize sales of sparklers. That giant sigh of relief you heard in Columbus was from fireworks dealers across Lee and Russell Counties.
+ The "Radio Reader" on Troy Public Radio read a section from the John Jakes novel "Savannah" which included the song "Dixie." If any civil rights leaders don't have anything to do this weekend, we may have found a protest site for them.
+ Area baseball hero Frank Thomas told a Congressional hearing he opposes players using steroids. For one thing, they're depriving him of valuable incentive bonuses by winning home run titles....
+ Alabama was knocked out of the NCAA basketball tournament on the opening day by Wisconsin-Milwaukee. Coach Mike Gottfried should be thankful he doesn't coach the football team -- because he'd be fired within a week for this.
(I have a TV news friend who actually went to college at Alabama, then did graduate work at Wisconsin-Milwaukee. She ought to give a trophy in her name to UWM - but she lives in San Francisco now, so she probably can't afford that.)
+ Instant Message to NBC-38 weather voice Jim Devitt: Best wishes on your wedding this coming weekend! But are you going to handle the ceremony like you handle the weather at 11:00 p.m. - and put some clever one-liner between the words "I" and "do?"
COMING SOON: Scary spam about a "Plasm Seller"....
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© 2003-05 Richard Burkard, All Rights Reserved.
-- 1st Revision 11:50am