LATE SHOW NEWS by Aaron Barnhart February 17, 1997, Issue 143: ABC breast-beating on Koppel ... Pa. loves Dave ... New Markoe book. THE LION AND THE PUSSYCAT I was intrigued by ABC's decision to re-examine the broadcast of its newsmagazine, "PrimeTime Live," that ultimately led a North Carolina jury to award $5.5 million in punitive damages to the Food Lion supermarket chain. In the piece, which aired in 1992, ABC employees got jobs at Food Lion stores and captured on camera some of the unsanitary practices in handling meat and fish that dozens of former employees had testified were standard procedure at Food Lion. I was less than intrigued by "ABC News Nightline"'s decision to out-navel-gaze "PrimeTime" later that evening, devoting one of its special "Viewpoint" panels to the ostensible subject of hidden cameras -- a topic that quickly gave way to the lingering resentments felt by both sides of the ABC-Food Lion case. At a time when states across the country are contemplating concealed-weapons laws, one of the world's biggest news agencies was throwing its machinery behind a fruitless discussion over concealed cameras. Caught with having put potentially thousands of its customers at risk, Food Lion responded like any good criminal defense attorney would: it attacked ABC on technical grounds. It charged the program's producers with fraud for having faked resumes in order to get jobs at the store, and for using hidden cameras to catch its "real" employees in the act of preserving highly perishable food well beyond its expiration date. Food Lion had been asking for $1.7 billion in punitive damages; it claimed it had lost as much as $2.5 billion in business and stock value following the original "PrimeTime" report. The suit was novel in that it had nothing to do with the veracity of the news report in question. The jury ultimately found ABC liable, although the $5.5 million awarded to the plaintiff was a pittance compared to the megabucks Food Lion had been asking. But as ABC News chief Roone Arledge pointed out last week, the award, if it held up in appeals court, would seriously impair the ability of news organizations to sniff out evildoers in the corporate world. ABC's panic may be premature. The jury in the Food Lion case was not allowed to see the report that eventually aired, in which employees were shown pulling the shrink wrap off of fresh meat, pork, poultry, and fish that had expired, slicing any visible spoilage off the items, *re-shrink-wrapping* the items and putting new expiration dates on the packages. It would be reminiscent of the old Henny Youngman joke about the patient who couldn't pay his bills being given another six months to live -- except it's no joke. It really happened, and dozens of ex-Food Lion workers from across the country have said so. Yet the jury in this case somehow was relieved of the chore of actually having to view the report. They did, however, get to view excerpts of the 45 hours of footage used to compile the report -- clips that showed the network at its worst, at one point capturing an ABC producer cum Food Lion employee selling the tainted products to ABC employees posing as customers. Of course, none of this made air, but somehow the implication, that the tactics of the investigators were as scummy as the fish that Food Lion was selling its customers, stuck. "PrimeTime" aired portions of the 1992 Food Lion report, and also interviewed eight of the 12 jurors in the case for its report last Thursday. It showed the usual range in opinions you'd expect from a jury that ruled against you in a civil case, from the mildly sympathetic to the openly hostile. It also reviewed the entire method of hidden-camera reporting with two media critics, one mildly sympathetic to ABC, the other openly hostile. ABC also offered Food Lion a two-minute statement which it aired intact, in which a pretty but grim-faced representative for the supermarket chain trotted out the usual denials. That was followed by a two-minute rebuttal in which ABC president David Westin denied the denials. In the end, "PrimeTime" probably did the greatest service simply by re-airing portions of the original Food Lion report, as well as its detailed explanation of what it did -- including the portions the jury found fraudulent -- and letting them speak for themselves. What this evidence would tell any sensible shopper is, Avoid the Food Lion meat section! But I'm still trying to figure out what prompted Ted Koppel and the producers of "Nightline" to deem this subject worthy of a full frontal assault on our bedtimes. ABC's late-night alternative has done 30 "Viewpoint" specials over the years, and none has probably been as unedifying as Thursday's "Hidden Cameras, Hidden Choices" panel from Winston-Salem, N.C., near Food Lion's corporate headquarters. The first problem, as became evident minutes into the broadcast, was inviting key members of the Food Lion prosecution onto the panel. These people have little else to do with their lives currently other than rehearse their claims, lick their wounds, and do anything else that will call attention away from their malfeasance. And so, try as he did, Koppel rarely succeeded in getting the two corporate voices for Food Lion, or their Barry Scheck -- a journalism professor doing work on behalf of the supermarket chain -- to talk about anything but the Food Lion case. The second problem was inviting former U.S. Senator Alan Simpson, who apparently has little else to do with his life these days either, onto the panel. Simpson, more than anyone else, helped steer this "Viewpoint" right into the ditch. No sooner would a decent discussion about the ethics of using hidden cameras percolate among the panelists -- which also included "60 Minutes" producer Don Hewitt and ABC News chief Roone Arledge -- than Simpson would completely ruin it with some cornpone interjection that would distract the audience and make any further genuine inquiry seem pointless. Simpson, who looks and sounds as though he could have fathered the Freshness Guy on those Budweiser ads, was the Wile E. Coyote of Capitol Hill for years. Never a friend of the liberal press -- he and NPR's Nina Totenberg once had a famous shouting match during the Clarence Thomas hearings in which Totenberg reportedly told him to fuck off -- Simpson was also attacked memorably by a conservative journalist, Tom Bethell, in the American Spectator in the late 1980s. When Simpson howled that Bethell had not even bothered to contact him so that they could have lunch together and talk this over before running the story, Bethell replied that this was exactly the problem with covering the senator: He would hear you were doing a report on him, cozy up to you, let you know what a down-home dude from Wyoming he was, and just like that, take the sharp edges off your little expose. Simpson knows he can succeed in any public forum, especially a televised one, because he can pander to the extremely low levels of decorum that the boob tube cherishes -- even in a supposedly exalted venue like "ABC News Nightline." When Simpson derailed one particularly useful discussion by saying, "You can talk about all of this all you like, but these good people, tried and true, just slapped you for five and a half million smackers!" -- and the picture cut to a shot of some of the Food Lion jury members, who were in attendance for the "Viewpoint" taping, laughing uproariously, you didn't have to be a media critic to figure out this was one discussion that wasn't going anywhere. Rather than devote 90 minutes of airtime to a subject that has barely had the first chapter in its history written -- rather than delay "Politically Incorrect" by an hour! -- Koppel should have done with this case what he did with the O.J. Simpson case night after night: gotten representatives of each side into the studio, put them on a split screen, and had them hash out the real issues, sans audience, sans vested interests. On the one side, that J-school professor who doesn't like hidden cameras; on the other, Don Hewitt. Let Hewitt remind us, as he tried valiantly to do the other night, that in a democracy, a network news organization -- for its often superficial and less-than-cerebral approach to complex issues -- is about the last line of defense against corporations that do scummy things to their customers and try to get away with it. That a business that pumps as much money into a local economy as Food Lion will not be opposed by any local media organization, print or electronic, for fear of losing piles of ad revenue. That government cannot be everywhere at all times, and has frequently relied on "60 Minutes" and their ilk to help identify corporate evildoers. That Food Lion hardly represents the small-fry variety of scam artist that some news organizations have targeted -- the equivalent, as one media critic Thursday night pointed out, of "using a bazooka to kill a fly." (At the time, Food Lion was the fastest-growing supermarket chain in the country.) That Food Lion's unorthodox counterattack will have the same effect as a libel suit if this jury's decision isn't overturned. And that some of us would rather not have to wait until another fast-food-joint e.coli panic sweeps the nation to hear about unsafe food handling practices from our major news organizations. Then let Ted turn to Food Lion's prize consultant, sequestered in another room, with only an unblinking camera and an audio speaker keeping him company. Let's see what he says *then.* I can tell you this: what it may lack in drama, it'll likely make up for in candor. BREAKING LATE NEWS At the American Comedy Awards, airing tonight on ABC, Kathy Bates won for funniest female performer in a TV special, "The Late Shift." ... Bob Hodge informs me that I should not be so surprised to see Howard Stern on Charlie Rose's show: they go back to each man's days in Washington, D.C., and "Rose is one of the few interviewers out there for whom Howard almost always has a kind word" ... And two notices that confirm the Keystone State is still Letterman country: I got a notice from the communications director at Gettysburg College informing me that the Late Show Ticket Exchange, a non-profit service for Letterman fans to swap tickets to the show with other fans (for more desirable air dates), started by two Gettysburg students, has his stamp of approval. That URL again: ... And Gov. Tom Ridge of Pennsylvania has written a letter to "Late Show" urging it to move the fictional home office to Latrobe, Pa. The only thing more pathetic would be if Letterman actually considered the offer. Tom Heald's THIS NIGHT IN HISTORY Mo 2/17: In 1990, in Mike Myers' first "Saturday Night Live" as a "featured" cast member, Wayne and Garth meet Aerosmith and are "NOT WORTHY!" Tu 2/18: In 1978, Chevy Chase becomes the first former "Not Ready for Prime Time Player" to return to "SNL" as host. We 2/19: In 1986, it's Stevie Nicks night on "Late Night with David Letterman." Having been snubbed by Ms. Nicks' agents, Letterman spends a sizable portion of his show mentioning fictitious dates of all of her other TV appearances, including "Donahue," "Facts of Life" and "TV's Bloopers and Practical Jokes." Th 2/20: In 1984, after "The Year of Bad Nightlines," ABC cuts the show back to 30 minutes, ending a seven-month experiment with a 60-minute version. Fr 2/21: In 1981, f'ing live from New F'ing York, it's "Saturday Night (F'ing) Live," when Charles F'ing Rocket asks "who the f*** did it" in a "Who Shot JR?" sketch near the end of the f'ing show. Oh, and "SNL" musical guest Prince also uses that same funky four-letter word in his performance of the song "Partyup." Sa 2/22: In 1918, Don Pardo is born. A legend in the business we call "show," Pardo has been an announcer for NBC since 1944, and the voice of "Saturday Night Live" every year except for the 1981-82 season. Su 2/23: In 1996, "Late Night with Conan O'Brien" ends "Time Travel Week" with a trip to the future, only to learn that they've landed on the "PLANET OF THE TELEPATHIC BABY CHICKS!!!" (Don't ask.) [Thanks to Ted Koppel, Dave Tanny, Frank Serpas III, Mike Cader, and anyone at the networks willing to yank those grating ads Paul Reiser's been doing for AT&T. Special thanks to Donz5, who "we've heard is a bobcat in the sack."] Questions, comments, and t.v.-movie offers that Tori Spelling has turned down may be sent to Tom Heald at . THE LINEUPS (with Sue Trowbridge) LATE SHOW WITH DAVID LETTERMAN, CBS Mo 2/17 Michael J. Fox, Laura Linney, Blackstreet Tu 2/18 Tom Brokaw, Ving Rhames, Daytona 500 winner We 2/19 Jon Voight, The Wallflowers Th 2/20 Chevy Chase, Doug E. Doug, Amazing Jonathan Fr 2/21 Juliette Binoche, David Brenner **Mo 2/24 Prime Time Video Special, 10 p.m. ET/PT** Mo 2/24 George Stephanopoulos, Tina Turner Tu 2/25 Mia Farrow, Anne Heche, Elvis Costello and Burt Bacharach We 2/26 Howard Stern, Sports Illustrated swimsuit model Valerie Mazza, fire performance artist Ray Wold Th 2/27 Pauly Shore, Merrill Markoe, Celine Dion Fr 2/28 Richard Lewis, Lyle Lovett and Randy Newman THE TONIGHT SHOW WITH JAY LENO, NBC Mo 2/17 Kevin Bacon, Joan Embery, The Bacon Brothers Tu 2/18 Gwyneth Paltrow, David Lynch, Aaliyah We 2/19 Ed Harris, Sports Illustrated swimsuit cover models Th 2/20 David Hasselhoff; martial artist Sam Kuoha attempts a world record ice break of 2000 lbs. with his head Fr 2/21 George Carlin, Amber Valletta Mo 2/24 6-year-old actor Jonathan Lipnicki, Gabriel Byrne, Kellie Martin Tu 2/25 Brooke Shields, Emeril Lagasse We 2/26 Christie Brinkley, Robert Urich Th 2/27 Martha Stewart, Jerry O'Connell LATE LATE SHOW WITH TOM SNYDER, CBS Mo 2/17 Author Pete Earley Tu 2/18 Bill Bradley, Leslie Moonves We 2/19 Art Donovan Th 2/20 Harry Anderson, Ron Reagan Jr. Fr 2/21 David Letterman, Valerie Bertinelli Mo 2/24 Fred and Kim Goldman, Frank McCourt Tu 2/25 Carl Hiaasen We 2/26 George Carlin, live from the U.S. Comedy Festival in Aspen, CO Th 2/27 Richard Reeves Fr 2/28 Actor Dave Thomas, author Mary Karr LATE NIGHT WITH CONAN O'BRIEN, NBC Mo 2/17 Dr. Ruth, Lou Diamond Phillips, Dave Attel (R 12/27/96) Tu 2/18 Michael Rappaport We 2/19 Dana Gould Th 2/20 Norm Macdonald, Reptile expert Clyde Peeling Fr 2/21 Chevy Chase, Sleeping Giants Mo 2/24 Kenneth Branagh, Marc Maron, Ventrilochoir Mummenschanz (R 12/18/96) Tu 2/25 Smashing Pumpkins We 2/26 Jack Gallagher Th 2/27 Sheryl Crow Fr 2/28 Bob Costas, Merrill Markoe, Bonnie Raitt THE DAILY SHOW, Comedy Central Mo 2/17 John Leguizamo (R) Tu 2/18 John Cleese (R) We 2/19 Rob Estes (R) Th 2/20 Nancy Glass (R) Mo 2/24 Paul Rudd ("Romeo and Juliet") Tu 2/25 TBD We 2/26 Tommy Davidson Th 2/27 Merrill Markoe Promoting her new book, "Guide to Love." I can't wait -- her last one, "How to be Hap-Hap-Happy Like Me," killed. LATE NIGHT WITH CONAN O'BRIEN RERUNS, CNBC Mo 2/17 Sherry Stringfield, Kenny Rogers, Michael Novacek (R 11/26/96) Tu 2/18 Don Rickles, G. Gordon Liddy, Jon Hendricks (R 1/21/97) We 2/19 Steven Wright, Rebecca Rormijn, Junior Brown (R 1/22/97) Th 2/20 Pat Cooper, Vendela, Bill Bell (R 1/23/97) Fr 2/21 Steve Guttenberg, Rob Estes, Ted Alexandro (R 1/14/97) LATER, NBC David Alan Grier with ... Mo 2/17 Jim Lehrer Tu 2/18 Harry Shearer We 2/19 Vondie Curtis-Hall Th 2/20 Mark Hamill Mo 2/24 Jackie Collins CHARLIE ROSE, PBS Mo 2/17 Wes Craven, Patricia Cornwell, Jack Palance Tu 2/18 Genady Zyuganov, peace negotiator Dennis Ross We 2/19 Henry Louis Gates Jr.; "The Darden Dilemma" book panel Th 2/20 Walter Anderson, Rafael Vinoly, Oliver Sacks Fr 2/21 Authors Richard Bernstein, Ross Monroe; Anthony Haden Guest Mo 2/24 TBA Tu 2/25 Merrill Markoe, Jewel, Grammy Awards Preview We 2/26 David Foster Wallace Th 2/27 Norton Anthology of African-American Literature panel Fr 2/28 Wynton Marsalis and Cassandra Wilson, EPA's Jamie Gorelick, author Robert Coles SPACE GHOST COAST TO COAST, Cartoon Network Fr 2/21 Animators Pat Ventura, Gino Mattos, Genndy Tartakovsky and Craig McCracken POLITICALLY INCORRECT WITH BILL MAHER, ABC Mo 2/17 Patrick Duffy, Deepak Chopra, Jim Lehrer, Maria Conchita Alonso Tu 2/18 Rob Schneider, William Shatner, Kathy Mattea We 2/19 Lakita Garth, Pat Boone Th 2/20 Jerry Seinfeld, Senator Ben Nighthorse Campbell, Valerie Bertinelli, Alex Trebek Fr 2/21 Jackie Collins, John Irving, David Cross, James McDaniel HOWARD STERN, E! (lineups not available) Also on late nights: NIGHTLINE, ABC CHARLES GRODIN, CNBC CARSON'S COMEDY CLASSICS, Family Channel MAD TV, Fox SATURDAY NIGHT LIVE, NBC SATURDAY NIGHT LIVE, Comedy Central THE CHRIS ROCK SHOW, HBO ====================================================== AARON BARNHART IN THE KANSAS CITY STAR In the archive: ... "Angst and Angels" (essay on "Millennium" and "Touched by an Angel") ... "Keep talking, 'Old Man'" (Arliss Howard profile) ... "Pilot of the airwaves" (Tom Snyder profile) ... "CBS claims it's happy courting older viewers, buuuut ..." (feature) ... "Tuning in to digital TV" (hyperlinked page-one feature) How to find my articles in the Star archive: (1) Go to . (2) Under the "Additional search criteria" heading, type Aaron Barnhart in the "AUTHOR" entry blank. (3) If you're looking for a specific story from the list above, try typing a word from the headline into the top entry blank. (4) Click the Search button. (5) When your search results are returned, you can view the stories by clicking on the button that looks like a tiny newspaper. Currently the Star Library is not friendly to plain jane Web browsers like Lynx. ====================================================== Entire contents Copyright 1997 by Aaron Barnhart. All rights reserved. Distributed by e-mail and BBS to over 10,000 readers weekly. Late Show News is made possible with the generous assistance of ECHO, New York City's premiere online service. Send news for and comments about this newsletter to aaron@tvbarn.com