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No Respect For His "Elder": Witnessing What He Didn't See
by Steve Young

April 10, 2003 - LOS ANGELES 9apj.us) -- This past Friday, KABC's newly syndicated Larry Elder took on ABC's "The Practice" for its recent episode in which Attorney General John Ashcroft stepped into a case to pursue the death penalty for a 19-year-old convicted killer.

Elder, an avowed Libertarian, was incensed by what he says was the show's "bias" against the death penalty, Ashcroft, George Bush and the Republican Party.

He was most upset (though he seems "most upset" most of the time) that this particular episode and case "misled" the audience because a murder during a drug transaction would not allow federal intervention.

For the moment, let's not even consider that "The Practice" is fictional and that misleading the public is part and parcel of the fictional TV.

He's right, right?

Of course, but what of his method of research and attack?

While it was said that he had been discussing the show for a few days, Elder, as it turns out, had never watched the particular episode. He said the information was brought to him by his producer. Being that an hour-long story at its best (and the Emmy-Award winning "The Practice" is one of the best) has many setups, misdirects and story lines, for a lawyer (Elder reminds us often that he is one, even in commercials for other lawyers) not to watch (ABC would certainly send him a copy) is, in the least, derelict.

If he would have taken the time to watch, he would have found that the fictional murder took place within a thousand feet of a school during a drug-related situation, a circumstance, according to character Jimmy Berluti (an attorney played by Michael Berdalucco), which would allow for federal authorities to step in.

Elder, who had checked with one attorney, said that was not true -- but a quick Google search of the law would have found that Bertuli was correct.

But why in the world did Elder invite Badalucco on to argue the show's position? He did not create the show, the episode, nor the words he performed. He explained that the show has legal researchers and, in fact, the show credits Jonathan Shapiro, Lukas Reiter, and "The Practice"'s creator, David E. Kelley, all attorneys, as writers of the episode.

Why didn't Elder talk to them? Writers have long known that their work is the last to be publicly acknowledged. Somehow, people think the actors make up the words as they go along. Elder knows better.

Why didn't Elder talk to any of the other producers on the show? They would have given notes on the script before it was shot.

Why didn't he speak to network executives? They have to green-light the script before it got to the actors.

Why didn't he speak to ABC attorneys? Tell me they didn't check out the law before giving their okay.

Why did he fail to inform his audience that while the attorneys for the law firm defending the shooter fought for a lesser sentence, the prosecuting attorney character argued mightily for the death penalty? Having a show present a point of view might be open for debate, but when the show provides both points of view, that has to be part of the debate. Why did it take Berdalucco bringing that up before the Elder's audience was told? Isn't this omission by a supposed nonfiction talk show, more of a mislead than a fictional drama should be responsible for?

Why did Elder choose to admonish the show without first watching it? When he first railed against Michael Moore's "Bowling For Columbine," he had not seen the film. Elder often chastises his adversarial callers for not listening to the entire show where they would have heard him say exactly what the caller criticized him for not saying. Shouldn't Elder be held up to the same standards he demands of his listeners?

You would think Elder decided to do the show just to further his own point of view. Please tell me that radio talk shows haven't come to this.

Steve Young is an award-winning television writer, director/writer of "My Dinner With Ovitz," and author of "Great Failures of the Extremely Successful" (Tallfellow Press). Check out his Web site at www.greatfailure.com.