Pubdate: Wed, 23 Feb 2000
Source: Sacramento Bee (CA)
Copyright: 2000 The Sacramento Bee
Contact:  P.O. Box 15779, Sacramento, CA 95852
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Author: Denny Walsh

TV SHOW PRIVACY CASE BEGINS: COUPLE SAY 1993 BROADCAST 'WREAKED' THEIR LIVES

An El Dorado County couple who claims filming by a "reality-based cop show"
violated their constitutional right to privacy and wreaked havoc on their
personal lives took their case to a federal jury Tuesday. Steven and Toya
Roseveare say the 1993 broadcast showing his cooperation with agents in
setting up his marijuana supplier for arrest was followed by a series of
anonymous, threatening calls to the couple's home.

The Roseveares, residents of the town of El Dorado near Placerville, are
seeking unspecified monetary damages from the American Broadcasting Co. and
A.D.Productions Inc. of Southern California.

The "American Detective" broadcast "really wrecked my clients' lives,"
lawyer Brenda Grantland said in her opening statement to an eight-member
jury.

"Still, to this day, they live in fear of retaliation," she said.

The show focused on a marijuana investigation by a Tahoe-area drug task
force that was assisted by the Roseveares, who later pleaded guilty to drug
charges.

Steven Roseveare, 73, admitted conspiring to sell marijuana and, because of
his cooperation, was sentenced to six months of home detention and four
years of probation, records show.

Toya Roseveare, 67, pleaded no contest to possession of more than an ounce
of marijuana and was placed on three years of probation, records show.

In opening statements, the two sides gave differing accounts on whether or
not the couple knew there would be a nationwide broadcast and consented to
it.

Grantland said the defendants "were making money off violations of people's
constitutional rights," and that damages should be large enough to deter
them.

The task force, led by federal Drug Enforcement Administration agents,
allowed the filming of its activities for "American Detective," a show
produced from 1990 to mid-1993 and televised by ABC.

A recent U.S. Supreme Court finding that police violate privacy rights when
they allow TV camera crews or other journalists into homes during arrests or
searches will not affect the Roseveare case because it came almost seven
years after the disputed filming.

Law enforcement officials previously were dismissed as defendants in the
local case.

The Roseveares made four sales of marijuana to DEA operatives in 1992 and,
when they were arrested, agreed to set up their supplier for the task force.

According to Grantland, the Roseveares were told by the DEA agent in charge
of the case that the film crew was shooting a DEA training video, and that
the couple's faces would be blurred and their names not revealed.

"American Detective" crews "routinely did this to people, often conspiring
with police who want to look like heroes, wearing law enforcement jackets
and hats, and not getting permission to film," Grantland said.

But defense lawyers Jeffrey Makoff and Charles Stevens stressed in their
opening statements that the Roseveares signed releases agreeing to the
filming provided their faces would be blurred in the version of the program
shown locally. ABC made good on that promise, they said.

Steven Roseveare signed a release on the first day of filming, said Makoff,
who represents A.D. Productions. "He was a regular viewer" of the show,
Makoff said.

"He's no fool. There is no way you can mislead Steve Roseveare with a
document that clear. He told our crew member someone should learn from (the
program) not to get involved in drugs."

The next day, Makoff said, Toya Roseveare also signed a release.

Grantland said the couple were dealing with a tremendous amount of stress
and didn't understand what they were signing.

Stevens, who represents ABC, told jurors the network had no involvement in
the alleged invasion of privacy and made sure there were signed releases.
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