geordi Posted August 3, 2014 Report Share Posted August 3, 2014 Criminal trespass is for normal places. Railroads aren't normal places. They are federally regulated and a special class of right-of-way with their own group of Federal laws about them. Did you know that if you are within 25 feet of the nearest rail (not the center of the tracks) without permission, that you are comitting federal trespass? Yup. If you have permission, there will be a whole gaggle of people there to keep you safe - track workers, flagmen, radiomen to call the trains, track watchers, and probably someone from corporate too. Then there is the safety class that they will want everyone on set to take. None of those people were on site, and no safety class (or even a morning meeting!) was ever done. This was a guerilla project from the outset. The local sheriff and his charges don't preclude additional charges being brought, and I would be shocked if the feds didn't bring some after the court gets things on record from this proceeding. The chances for additional state charges also are fairly high once things start being brought to light. Things that might be charged: Federal criminal trespass on a rail corridor Federal criminal mischief for placing an obstruction on the rails Federal interference with interstate commerce (delayed an interstate Amtrak train for 5 hours, as well as the freight train that hit) I'm sure there could be others. The railroads have a LONG list of laws that exist to protect their operations, and these laws date back to the beginnings of rail traffic. We haven't seen the end of this, not by a long shot. Quote Link to comment Share on other sites More sharing options...
studiomprd Posted August 3, 2014 Report Share Posted August 3, 2014 geordi: " Criminal trespass is for normal places. Railroads aren't normal places " disclaimer: I'm not a lawyer, but I watched one on TV... you are welcome to contact the appropriate Georgia authorities to discuss the fine points of law... Quote Link to comment Share on other sites More sharing options...
studiomprd Posted August 12, 2014 Report Share Posted August 12, 2014 the latest: Safety App coming soon http://deadline.com/2014/08/sarah-jones-family-launches-safety-for-sarah-website-817021/ the legal maneuvering is well under way: http://variety.com/2014/film/news/open-road-films-seeks-dismissal-from-midnight-rider-lawsuit-1201280101/ Quote Link to comment Share on other sites More sharing options...
geordi Posted August 13, 2014 Report Share Posted August 13, 2014 geordi: " Criminal trespass is for normal places. Railroads aren't normal places " disclaimer: I'm not a lawyer, but I watched one on TV... you are welcome to contact the appropriate Georgia authorities to discuss the fine points of law... Skippy, if reading comprehension was one of your skills instead of half-thought-out "replies" to people's postings... You would recognize that there aren't any "authorities" in Georgia to involve in this. They would be FEDERAL charges related to the malfeasance that took place on and within the railroad right-of-way. Georgia's own laws don't overrule or get in the way of the potential Fed charges. The smart thing is that they let the current charges put lots of new words into the permanent record of evidence, which can only strengthen the case of any future charges. Quote Link to comment Share on other sites More sharing options...
Marc Wielage Posted August 13, 2014 Report Share Posted August 13, 2014 Dunno if this has been mentioned, but the Safety for Sarah website is now up: http://www.safetyforsarah.com Quote Link to comment Share on other sites More sharing options...
studiomprd Posted August 13, 2014 Report Share Posted August 13, 2014 the web site, and coming set safety AP are mentioned in one of the Deadline articles I linked... thanks, Marc for the direct link... and now this "breaking news": http://variety.com/2014/film/news/midnight-rider-producers-sue-insurer-for-refusing-to-pay-1-6-million-claim-1201282369/ note: Film Allman, the production entity that director Randall Miller and producer Jody Savin set up for the movie’s production. I'm going to guess that the insurance company is claiming it does not have to cover criminal acts, so this adds another legal layer BTW, Geordi, you are welcome to contact the Fed's, but normally this stuff is dealt with at the state level, and GA clearly has appropriate jurisdiction... Quote Link to comment Share on other sites More sharing options...
Christopher Mills Posted August 14, 2014 Report Share Posted August 14, 2014 I'm going to guess that thew insurance company is claiming it does not have to cover criminal acts, so this adds another legal layer Also, since production claimed this day was "test shooting," rather than a production day means many policy coverages are not in force yet. I have worked to prep many projects as a producer, and the calendar dates and production documents have to be very accurate and detailed to make a claim.. and criminal charges will greatly delay, if not void entirely, insurance policy claim payouts. Quote Link to comment Share on other sites More sharing options...
geordi Posted August 14, 2014 Report Share Posted August 14, 2014 The Hollywood Reporter has the entire legal filing posted, as well as the insurance policy that was included as part of the filing. Now it is all public record. No shocker, the exclusions section specifically lays out that ANY criminal act voids the policy, as done by anyone directly, indirectly, employed by, hired for, associated with any employee, contractor, assignee, etc etc etc... If someone watching the production jaywalks to get back to their car, that might not void the policy, but only just barely. What IS interesting, is that Randall is filing this for himself, under the CAST protections section of the policy. He wasn't cast. He was director and producer. It also seems from the filing that this dirtbag was trying to restart production YET AGAIN, after stripping all of the Allman story elements from the Allman story... So that he could still make SOMETHING. I find it odd that he claims to have incurred 1.6 million in losses from stopping and attempting to restart production. How? Who's he paying? He has no crew, the crew may or may not have been paid for the day of the incident, but were all summarily "released" after that. There may have been some cleanup costs of travel and equipment... But 1.6m? I strongly suspect that much of that money has been taken from the production bank account and given to the PR firm and law firm seeking to defend these dirtbags, and the rest may have paid for Randall and Jody's living expenses for these last 6 months. I doubt anyone in LA will hire them for anything - even the guys in Starbucks are aware of the industry, if not associated with it somehow. Quote Link to comment Share on other sites More sharing options...
studiomprd Posted August 14, 2014 Report Share Posted August 14, 2014 (edited) Geordi: " He wasn't cast. He was director and producer. " he may have given himself a part, probably small; that is not unusual. " How? Who's he paying? " as you noted yourself in the rest of the post, plusOSHA penbalties ($74,900.) and he may have had "play or pay" requirements to fulfill; I'm sure any court would review the specifics of any claim, if it were to rule in his favor.... I noted this from Deadline: " According to the filing, Miller suffered physical injuries and post-traumatic stress disorder from the incident, rendering him “physically and psychologically unable to continue filming for several months following the accident.” " the insurance company also contends that all the script changes make the current script a different movie and thus not covered by the policy already issued. " Part of what seems to outrage Miller and Savin is that the insurance company actually paid out some of the claim on the shuttered pic, but then halted further payments. “Even worse, New York Marine unjustifiably has taken the position that the policy no longer will insure Midnight Rider on a forward-going basis and has threatened to cancel the policy altogether, thereby leaving Film Allman without any insurance coverage for the restarted production,” says the densely written complaint. “As a result, Film Allman is now saddled with over $1.6 million in losses and the prospect of having to abandon Midnight Rider entirely in light of New York Marine’s stated intention of cancelling the film’s insurance policy.” " http://deadline.com/2014/08/midnight-rider-lawsuit-insurance-company-randall-miller-gregg-allman-819086/ geordi: " FEDERAL charges related to the malfeasance that took place on and within the railroad right-of-way. " these FED's ?? deadline: " Midnight Rider has been cited by the Department of Labor's Occupational Safety and Health Administration for "one willful and one serious safety violation" " OSHA: " “Employers are responsible for taking the necessary precautions to protect workers’ health and safety, and the entertainment industry is no exception,” said David Michaels, assistant secretary of labor for occupational safety and health. “It is unacceptable that Film Allman LLC knowingly exposed their crew to moving trains while filming on a live track and railroad trestle.” “Their failure to develop a safety plan to prevent such hazards, including obtaining permission from the rail owner to use the tracks for filming, led to the death of one crew member and injuries to eight other employees,” said Kurt Petermeyer, OSHA’s regional administrator for the southeast. " http://www.hollywoodreporter.com/news/midnight-rider-production-company-cited-725652?utm_source=Sailthru&utm_medium=email&utm_term=hollywoodreporter_breakingnews&utm_campaign=THR%20Breaking%20News_now_2014-08-14%2013%3A27%3A35_HLewis http://variety.com/2014/film/news/midnight-rider-death-osha-violation-1201283204/ http://deadline.com/2014/08/midnight-rider-sarah-jones-death-federal-safety-violation-819624/ Edited August 14, 2014 by studiomprd Quote Link to comment Share on other sites More sharing options...
geordi Posted August 16, 2014 Report Share Posted August 16, 2014 No. The Federal Railroad Administration, which has not yet completed their investigation and released their findings or applied any penalties or indictments. As the direct circumstances aren't in dispute, I suspect they are "investigating" the information that may be revealed when the criminal trial happens and Randall's own words are entered into a court record. Quote Link to comment Share on other sites More sharing options...
al mcguire Posted August 19, 2014 Report Share Posted August 19, 2014 Aug 14, 2014, 5:04pm EDT Kent Hoover Washington Bureau Chief OSHA cites Gregg Allman biopic makers for safety violations over fatality A fatality during the filming of a movie about musician Gregg Allman has led to OSHA citations against the production company. The litigation road goes on forever for “Midnight Rider,” the ill-starred biopic about musician Gregg Allman. The trouble started Feb. 20, when a camera assistant was killed and eight other workers were injured during the filming of a scene on a Georgia railroad trestle. An oncoming freight train hit a hospital bed used in the scene, sending debris flying. Sarah Jones, 27, was killed. Jones’ parents sued Allman, the movie’s director and production company, and CSX in May. In July, director Randall Millerand two others involved in the project were indicted on charges of involuntary manslaughter and criminal trespass. On Tuesday Miller filed a lawsuit against the project’s insurance company, New York Marine, over the insurer’s alleged “bad faith refusal to honor its obligations to pay for losses incurred by Film Allman.” Now the Occupational Safety and Health Administration has entered the picture, citing Film Allman LLC, the film’s Pasadena, Calif.-based production company, for two safety violations in connection with the accident. “It is unacceptable that Film Allman LLC knowing exposed their crew to moving trains while filming on a live track and railroad trestle,’ said OSHA Administrator David Michaels. “Their failure to develop a safety plan to prevent such hazards, including obtaining permission from the rail owner to use the tracks for filming, led to the death of one crew member and injuries to eight other employees,” said OSHA Regional Administrator Kurt Petermeyer. OSHA cited the production for one willful violation for failing to provide safety measures to protect workers from moving trains. It also issued a citation for exposing workers to fall hazards, because the trestle was not equipped with guardrails or other fall protection measures. http://www.bizjournals.com/bizjournals/washingtonbureau/2014/08/osha-cites-gregg-allman-biopic-makers-for-safety.html?surround=etf&ana=e_article Quote Link to comment Share on other sites More sharing options...
studiomprd Posted September 3, 2014 Report Share Posted September 3, 2014 Railroad operator CSX Transportation has filed a cross claim against the filmmakers behind “Midnight Rider,” contending that the company twice denied them permission to film on train tracks where a Feb. 20 accident killed Sarah Jones and injured six others...The train company, in its civil claim for intentional trespass, is seeking damages and attorneys fees from director Randall Miller, producer Jody Savin, executive producer Jay Sedrish and Unclaimed Freight Prods...CSX contends that prior to the accident, the filmmakers or their agents twice sought permission to shoot on the tracks that pass over the property of a Rayonier paper factory and the Altahama River near Jesup, Ga. The requests were turned down.. CSX also is seeking punitive damages, claiming that the filmmakers hafve “displayed in the past similar willful misconduct, wantonness, and a conscious indifference to the consequences of their actions.”. http://variety.com/2014/film/news/csx-midnight-rider-filmmakers-denied-access-twice-before-crash-1201296988/ Quote Link to comment Share on other sites More sharing options...
stevegrider Posted September 3, 2014 Report Share Posted September 3, 2014 Thanks for posting this, Senator. I have been waiting for some kind of statement from CSX for a long time. In my opinion, this pretty much predicts the results of the upcoming trials. Quote Link to comment Share on other sites More sharing options...
studiomprd Posted September 3, 2014 Report Share Posted September 3, 2014 yes, steve, it seems to clearly confirm what we have been led to believe: " CSX that it “unequivocally denied each request in writing, citing a company policy which prohibits filming on CSXT’s property due to safety and security reasons.” " Quote Link to comment Share on other sites More sharing options...
Marc Wielage Posted September 4, 2014 Report Share Posted September 4, 2014 ...CSX contends that prior to the accident, the filmmakers or their agents twice sought permission to shoot on the tracks that pass over the property of a Rayonier paper factory and the Altahama River near Jesup, Ga. The requests were turned down.. That's never good. It's one thing if you never ask permission in the first place and then do something wrong; it's even worse when you ask, they turn you down, and you do it anyway. I believe this is called the "better to not ask for permission now, and ask for forgiveness later" principle. I can think of several major legal decisions (particularly on music copyrights) where this situation resulted in very high punitive damages. It's gotta be even worse when a human life was involved. Quote Link to comment Share on other sites More sharing options...
geordi Posted September 4, 2014 Report Share Posted September 4, 2014 One can only hope Marc. The DA still has the chance to increase the charges to full murder (no negligent homicide in Ga) and there is a subset of the murder statute that covers causing a death as part of the commission of another felony when willful intent can be shown. I think this may just lock that proof in for the DA. Osha has just found them fully guilty in their own appeal and hearing process, so the full $70,000 fine has been confirmed too. That also won't be favorable news for the criminal defense case. Quote Link to comment Share on other sites More sharing options...
studiomprd Posted September 4, 2014 Report Share Posted September 4, 2014 THR put it quite clearly: " The crew was allegedly stealing shots when camera assistant Sarah Jones was killed " http://www.hollywoodreporter.com/news/train-company-says-denied-midnight-729928?utm_source=Sailthru&utm_medium=email&utm_term=hollywoodreporter_breakingnews&utm_campaign=THR%20Breaking%20News_now_2014-09-04%2009%3A01%3A11_HLewis Quote Link to comment Share on other sites More sharing options...
Angelo Waldron Posted September 4, 2014 Report Share Posted September 4, 2014 We just need that one shot.... Quote Link to comment Share on other sites More sharing options...
al mcguire Posted September 4, 2014 Report Share Posted September 4, 2014 http://www.hollywoodreporter.com/news/train-company-says-denied-midnight-729928 http://www.hollywoodreporter.com/news/midnight-rider-sarah-jones-family-730204 Quote Link to comment Share on other sites More sharing options...
Angelo Waldron Posted September 5, 2014 Report Share Posted September 5, 2014 "Trains don't kill people, people kill people" Quote Link to comment Share on other sites More sharing options...
studiomprd Posted September 6, 2014 Report Share Posted September 6, 2014 (edited) " The production company behind “Midnight Rider” will challenge proposed federal fines for workplace safety violations stemming from the Feb. 20 train accident that killed Sarah Jones and injured eight others. A spokesman for the Department of Labor’s Atlanta office said that Film Allman LLC filed a notice that they will contest proposed fines of almost $75,000 for willful and serious safety violations. " http://variety.com/2014/biz/news/midnight-rider-filmmakers-to-challenge-safety-charges-1201299044/ http://deadline.com/2014/09/midnight-rider-contest-osha-safety-violations-fine-sarah-jones-830051/ Edited September 6, 2014 by studiomprd Quote Link to comment Share on other sites More sharing options...
studiomprd Posted September 10, 2014 Report Share Posted September 10, 2014 " “Open Road retained responsibility for ensuring that Midnight Rider was filmed safely and legally, and its failure to live up to this responsibility caused Sarah’s death,” said the September 9 filing in Georgia state court. (Read it here.) " http://deadline.com/2014/09/sarah-jones-family-fights-open-road-midnight-rider-lawsuit-832498/ " by making Miller’s involvement in ‘Midnight Rider’ an ‘essential element’ of its agreement to distribute the film, Open Road essentially insisted upon the circumstances that ultimately caused Sarah’s death.” " http://variety.com/2014/film/news/sarah-jones-family-urges-court-not-to-dismiss-open-road-from-lawsuit-1201302770/ Quote Link to comment Share on other sites More sharing options...
studiomprd Posted September 20, 2014 Report Share Posted September 20, 2014 Midnight Rider location manager Charles Baxter today denied having anything to do with the railroad trestle shoot on the set of the Gregg Allman biopic, which was the setting of the February 20 death of 27-year-old camera assistant Sarah Jones. http://deadline.com/2014/09/midnight-rider-location-manager-sarah-jones-death-836987/ Quote Link to comment Share on other sites More sharing options...
studiomprd Posted September 29, 2014 Report Share Posted September 29, 2014 more criminal charges: Criminal charges have been filed against Midnight Rider first assistant director Hillary Schwartz in the February 20 death of camera assistant Sarah Jones. Schwartz was charged on September 10 with involuntary manslaughter and criminal trespass, the same two counts filed against director Randall Miller and producers Jody Savin and Jay Sedrish. Under Georgia law, a manslaughter conviction would carry a sentence of 10 years in prison. Criminal trespass is a misdemeanor and carries a potential sentence of one year...This will come as no surprise to Hollywood’s production community, who understand that one responsibility of the 1st A.D. is to help keep the crew safe on set. Schwartz was on set the day of the tragedy, although location manager Charley Baxter was not present. Baxter had made his refusal known to other crew members because the production had not obtained permission to access the train tracks. Schwartz " had worked previously with Miller and Savin as 1st A.D. on their 2013 film CBGB, which drew a number of safety concerns during filming in Savannah, Georgia. " http://deadline.com/2014/09/midnight-rider-charges-hillary-schwartz-involuntary-manslaughter-sarah-jones-843026/ I, for one, believe that while the management folks wanted to steal the shots, unsafely, it is & was, ultimately, the responsibility of the 1AD to stand up to those folks when it comes to the safety of their crew... it seems that is what the Location Manager was doing. Quote Link to comment Share on other sites More sharing options...
chriskellett Posted September 29, 2014 Report Share Posted September 29, 2014 https://yourfoundation.wufoo.com/forms/sarah-jones-film-foundation-walkathon/ Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.