Prosecutor Begins Final ‘Twilight’ Case Arguments

The prosecutor in the long-running “Twilight Zone” involuntary manslaughter trial began her final argument Tuesday by branding the actions of the five film-making defendants “barbaric” and comparing their use of actors in a dangerous movie scene to the ancient Roman practice of sacrificing gladiators for entertainment.

“Fortunately, we don’t live in those days,” Deputy Dist. Atty. Lea Purwin D’Agostino told an attentive jury. “We consider human life very precious.

“There is no motion picture, ladies and gentlemen, that is ever made or that ever will be made, that is worth risking one human life,” she continued. “And maybe it’s because of the utterly senseless, needless loss of three lives for a motion picture (that) . . . makes what these defendants did so barbaric.”

Director John Landis, who took copious notes during most of Tuesday’s session, and four associates are accused of criminal negligence in the gruesome 1982 film set deaths of actor Vic Morrow, 53, and child actors Renee Chen, 6, and Myca Dinh Lee, 7. The three were killed when struck during the filming of a mock Vietnam battle scene by a helicopter that spun out of control and plummeted from the sky after being hit by the fireball of a special-effects explosive.

D’Agostino, who addressed the jury for about two hours in a mostly soothing manner that seemed to belie her harsh accusations, anticipates continuing her argument all day today. Then, attorneys for defendants Landis, associate producer George Folsey Jr., unit production manager Dan Allingham, special-effects coordinator Paul Stewart and helicopter pilot Dorcey Wingo will summarize their side. Following a rebuttal by D’Agostino, the jury will finally begin deliberations in the trial which began last September.

In her initial remarks, D’Agostino, who must prove the defendants guilty beyond a reasonable doubt, concentrated primarily on poking holes in the case the defense presented over 22 days.

Using charts for emphasis, she asserted that the defense could be broken down into three categories: “SODDI”, which she explained is an abbreviation for “some other dude did it”; the “red herring defense,” in which jurors would be confused by technicalities, and the “BEE defense,” standing for “blame everyone else.”

Reference Draws Chuckles

D’Agostino drew chuckles with the latter reference, since her trademark is a gold queen bee brooch she wears on her shoulder.

According to D’Agostino, defense lawyers have attempted to pin the tragedy on the shoulders of special-effects crew member James Camomile, who triggered the fatal explosives without repeatedly looking up from the firing board at the positions of the helicopter and the actors.

Camomile, however, was taking his cues from Landis and Stewart, D’Agostino declared, and as far as he knew, the helicopter was in a safe area before he fired. Just as generals must take responsibility for the actions of their subordinates, the film-set bosses, Landis and Stewart, must be held responsible for their own actions, D’Agostino said.

What’s more, she asserted, Camomile “was taking more precautions than either the director or (Stewart). . . . It’s really rather ironic when you think about it.” Camomile and three fellow crew members have has been granted immunity by the prosecution.

Testimony Questioned

D’Agostino also questioned the truthfulness of testimony from several crew members who are still friendly to Landis and began presenting to jurors a makeshift chart entitled “Persons lying according to Landis.” Before she concludes, D’Agostino said outside court, she will scrawl the names of 20 to 30 witnesses on the chart.

She reminded jurors, “I do not have to prove to you these defendants intended to kill anyone.” Rather, she must prove only criminal negligence, which she said is based on “plain ordinary common sense.”

After the session, defense lawyers criticized D’Agostino’s reference to barbarism and questioned her strategy of concentrating on the defense case.

“I’m not sure I understand,” said Landis’ attorney, James Neal. “She’s attempting to set forth our defense, which is a compliment.”