Gene & Jay Go To The Wheeler Film Office Trial

Gino and Jay Attend the Tom Wheeler Trial



I am so glad Jay and I went to witness Tom Wheeler's trial today. Tom was glad to see our familiar faces. I know we cheered him up a bit by showing our support. We sat in the front row, next to Tom's brother, David. Behind us sat Tom's wife and Des Moines Register reporter, Lee Rood, who has done an excellent job covering the film crisis since it all began.

Before entering the courtroom at the Polk County Court House, we spoke with Cedar Rapids native, Joel Sadilek, a movie line producer who lives in Burbank, California. Joel's Iowa projects include "Sixteen to Life", and "The Experiment". Joel was on hand to offer testimony for the defense because he said he felt compelled to do so, feeling that Tom is an honest man who was overwhelmed with an impossible amount of work when he was the director of the Iowa Film Office.

Tom's attorney, Angela Campbell, opened her remarks by saying there was not a sliver of evidence that Wheeler ever intended to commit a crime or had any criminal intent to do wrong and asked for an acquittal. The prosecutor, attorney Thomas H. Miller, asserted that Tom "looked the other way" and "aided and abetted fraud and conspiracy".

Wheeler's other attorney, Gordon Fisher, said the Iowa film laws are vague and impossible to understand and interpret.

An Iowa Department of Revenue agent, Jim McNulty, took the stand and briefly answered questions regarding the meaning of "above the line" as it relates to qualifying for tax credits. If I understand it correctly, "above the line" refers to expenses for the director, producer, other top crew and top actors. Anything below the line is where tax credits would apply.

When asked what "line producer" means, Joel Sadilek said a line producer creates budgets based on scripts and manages the film's budget, including money for crew and below the line actors, and more. Joel said movie budgets almost always change, mostly going higher. He said film budgets are generally highly educated guesses. He said a movie's pre-production budget fluctuates.

Sadilek discussed the idea of line producers being bonded, and that being bonded means being worthy of trust by movie investors. Joel said bonding companies are similar to insurance companies who protect investors' money and assure them that a project will be completed no matter what.

During the time movies were being made in Iowa, being bonded was not required of line producers but should have been, according to Sadilek.

When asked what projects he worked on in Iowa, Joel said he produced "Duck Farm Number13" (later changed to "Sixteen to Life", as well as the movie "The Experiment". Wheeler was one of his very first contacts before these movies got under way. He said Wheeler was very friendly and helpful, working far beyond normal state employee hours, and that Wheeler "wanted to do things right". Also, according to Sadilek, Wheeler never asked for a kickback or even a free lunch. The producer said his business is able to continue because of referrals, accounting for 99% of his work.

He pointed out that the union, IATSE, sets rates for film crews and that there are no maximum rates. Also, Joel said that he would know what things would cost, more so than Tom could. "Deal Memos" were discussed by attorney Campbell, and Sadilek said such memos were essential on a film, as they detailed terms of compensation and other important details between a worker and the production company. "Deferred Compensation" was another topic brought up by Ms. Campbell, where actors and workers work for nothing and get paid later.

Joel said a "contingency" is normal and adds ten per cent to a movie's budget and that bonding companies actually require it. Campbell said Wheeler had been criticized for changing a film's budget, to which Joel said budgets are estimates that often do change.

Campbell asked why a movie company would rent rather than buy movie equipment and Joel said it's cheaper to do so, and that by renting expensive equipment you get tech support when equipment breaks. He said in one film they had to go through five Red One cameras and tech support came in very handy.

Attorney Campbell asked Joel is he kept track of all the details in a movie, such as all of the many receipts generated and he said "no way!". She asked if he would be able to manage the receipts of twenty-two films in two years (what Wheeler was expected to do) and the producer said there would simply not possibly be enough time in a day. He said rental houses keep records of "every little screw", implying that such details would require a full staff to scrutinize.

Campbell asked him if Tom ever discussed how to sneak "under the radar", and answered by saying "Tom's not that way and neither am I", adding that Tom talked about how to make film laws in Iowa better.

Prosecutor Miller asked Sadilek how a movie budget comes about and was told that "Movie Magic" software was a popular industry template used by many movie producers. Miller began a series of questions in what I perceived to be his attempt to trip him up, such as what per cent of a movie budget does a camera take, and what about a grip, a gaffer, and more. Sadilek calmly and clearly stated that such answers are difficult without specifying in detail what type of camera, what type of lenses, et cetera.

Miller then asked him is he'd rent a ladder for $900, or a shovel or push broom for big prices. Joel simply said no. When asked if he'd rent or buy a vehicle, Joel said directors sometimes ask for cars if they can be used in a film, such as for a "picture car", a car used in a scene. When asked if buying a luxury car and giving it away would be good Joel said that it would be between the director and producer. Miller then asked if getting five dollars for about two dollars in tax credits is justifiable, Joel said "no".

Campbell discussed how crews can receive higher pay when the number of available crew is thin, owing to many movies being produced in one area. Sadilek said the union, IATSE, negotiates the pay for crews and that costs can go up when available workers are scarce. He said about 50% of a movie budget is for labor and 25-30% is for equipment.

Prosecutor Miller asked Sadilek how much it would cost to rent a "rolling turtle", his obvious attempt to make Joel look stupid. Joel said workers have lots of names within their own trades for various equipment and that he didn't know what such a device was. I just looked it up and it appears that this is a type of C-stand.

Sadilek was brilliant. He sounded very expert in his field and delivered his answers calmly and thoroughly, citing specific details often.

My impression: the prosecution is struggling to make Wheeler look bad and is failing because Wheeler did not gain in any way from all of this. Wheeler's attorneys are equipped with a massive amount of accounts, facts, and figures, all solid ammunition in their arsenal for use in defending a very nice man who got thrown under the bus while his superiors were only fired, without even a hand being slapped.

Gene L. Hamilton, SAG