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David Poland

By David Poland

Sad Legal Turn, Whichever Side One Supports

Roger Avary was sentenced today to a year in jail in the sad story of a gathering of friends, a few drinks, a too-fast drive home, and the death of one of the friends and serious injuries to another.
I have to say… there are no winners here. Jail time and money will not make a parent’s grief any less painful. The punishment for Avary started the moment he realized what he had done at the wheel of that car.

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5 Responses to “Sad Legal Turn, Whichever Side One Supports”

  1. Cadavra says:


  2. Wrecktum says:

    “He wanted to be able to get on with his life and allow the Zinis to get on with theirs by bringing some closure to this case.”

  3. In this day and age of “celebrities” doing anything and everything to not face the music for their actions, I find it admirable Avary changed his plea and fessed up. He’s a really, really good guy and I know he’s sick over this. Like DP said, no winners here really.

  4. scooterzz says:

    i’ve always liked avery and was sorry to hear this…kudos for doing the ‘right’ thing…

  5. We need to all sign this petition to get Roger Avary out of prison! He does not deserve to be there for driving his car while intoxicated that lead to the death of somebody. Clearly the driver of the other car, the so-called “victim”, was just wanting to be cast in the new Quentin Tarantino movie.

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It shows how out of it I was in trying to be in it, acknowledging that I was out of it to myself, and then thinking, “Okay, how do I stop being out of it? Well, I get some legitimate illogical narrative ideas” — some novel, you know?

So I decided on three writers that I might be able to option their material and get some producer, or myself as producer, and then get some writer to do a screenplay on it, and maybe make a movie.

And so the three projects were “Do Androids Dream of Electric Sheep,” “Naked Lunch” and a collection of Bukowski. Which, in 1975, forget it — I mean, that was nuts. Hollywood would not touch any of that, but I was looking for something commercial, and I thought that all of these things were coming.

There would be no Blade Runner if there was no Ray Bradbury. I couldn’t find Philip K. Dick. His agent didn’t even know where he was. And so I gave up.

I was walking down the street and I ran into Bradbury — he directed a play that I was going to do as an actor, so we know each other, but he yelled “hi” — and I’d forgot who he was.

So at my girlfriend Barbara Hershey’s urging — I was with her at that moment — she said, “Talk to him! That guy really wants to talk to you,” and I said “No, fuck him,” and keep walking.

But then I did, and then I realized who it was, and I thought, “Wait, he’s in that realm, maybe he knows Philip K. Dick.” I said, “You know a guy named—” “Yeah, sure — you want his phone number?”

My friend paid my rent for a year while I wrote, because it turned out we couldn’t get a writer. My friends kept on me about, well, if you can’t get a writer, then you write.”
~ Hampton Fancher

“That was the most disappointing thing to me in how this thing was played. Is that I’m on the phone with you now, after all that’s been said, and the fundamental distinction between what James is dealing with in these other cases is not actually brought to the fore. The fundamental difference is that James Franco didn’t seek to use his position to have sex with anyone. There’s not a case of that. He wasn’t using his position or status to try to solicit a sexual favor from anyone. If he had — if that were what the accusation involved — the show would not have gone on. We would have folded up shop and we would have not completed the show. Because then it would have been the same as Harvey Weinstein, or Les Moonves, or any of these cases that are fundamental to this new paradigm. Did you not notice that? Why did you not notice that? Is that not something notable to say, journalistically? Because nobody could find the voice to say it. I’m not just being rhetorical. Why is it that you and the other critics, none of you could find the voice to say, “You know, it’s not this, it’s that”? Because — let me go on and speak further to this. If you go back to the L.A. Times piece, that’s what it lacked. That’s what they were not able to deliver. The one example in the five that involved an issue of a sexual act was between James and a woman he was dating, who he was not working with. There was no professional dynamic in any capacity.

~ David Simon