Freelance writer Dominic Patten is a Deadline contributor
UPDATE 6:30 PM: Turns out Teri Hatcher’s Desperate Housewives job was on the chopping block too. George Perkins, the show’s long time line producer, testified this afternoon that Hatcher, the best known of the leads when the series debuted back in 2004, was under consideration to be let go to save money back in 2008. Also under discussion in an effort to cut costs as the series entered its fifth season were James Denton, who has played Hatcher’s love interest on the show from season one, Kyle MacLachlan, who played Marcia Cross’ second husband and Nicollette Sheridan, Perkins said.
Perkins said he was not privy to Cherry’s alleged meetings in May 2008 with then ABC Studios president Pedowitz and then-ABC Entertainment president Steve McPherson, expected to testify Friday, about the decision to kill off Sheridan’s character. Perkins, who stressed he was not good with dates and had a bad memory, told the court he first heard of the decision to cut Sheridan in early June or July of 2008 as production on Desperate Housewives fifth season was gearing up. As for the alleged head hitting incident between Cherry and Sheridan on Sept. 24, 2008 that is at the center of the battery case, Perkins’ testimony focused on his efforts to properly manage the fallout from it. Perkins sent an email to ABC Human Resources exec Lynne Volk and the show’s publicists later that day, in which he called what happened a “very minor incident.”
ABC Human Resources didn’t launch a formal investigation until over a month later when Pedowitz saw an article in the National Enquirer about what had happened and ordered Volk, who is expected to testify Friday morning, to look into it. Pedowitz told the court earlier this week that he knew nothing about HR being previously informed of what had happened.
Earlier in the afternoon Larry Shaw, the director of the episode being shot on Sept. 24, 2008 and witness of the incident, demonstrated for the court what he saw from a mere “three or four feet away.” Playing Cherry, Shaw landed an open palm left hand on the left side of the head of defense lawyer Adam Levin, playing the Sheridan role. The hair on the well coiffed Levin’s head shook. While it was nowhere as hard or as dramatic as when Sheridan had demonstrated the incident on her lawyer Patrick Maloney earlier in the trial, Shaw’s example was certainly seemed more aggressive that the “light tap” Cherry has said he delivered.
At the end of the day Thursday, with more testimony from Perkins coming Friday, Judge Elizabeth Allen White told the defense that she thought it was “not appropriate” for them to call Longoria, Cross or Huffman to demonstrate how Cherry frequently gave physical direction. However, the Judge’s statement does not prevent the defense from bring the stars in under other pretense Friday.
PREVIOUS: Money was cast in the the lead role today in Nicollette Sheridan’s wrongful termination and battery trial against Desperate Housewives creator and executive producer Marc Cherry, ABC Studios and ABC. Housewives producer Sabrina Wind told the jury that then-ABC Studios boss Mark Pedowitz and ABC Entertainment chief Steve McPherson agreed with Wind’s suggestion on May 22, 2008 to keep Sheridan in the dark about plans to kill off her character Edie Britt because the actress could “put a gun to our head” and open up potentially costly re-negotiations over her then-$4.2 million seasonal salary. Wind testified that the ABC executives decided during that meeting to exercise Sheridan’s contract for Season 5 of the show, and the option was picked up on June 3 of that year. The actress wasn’t informed Britt was being eliminated until nine months later on February 10, 2009 — one day before shooting commenced on what was to be her last episode.
Related: SPOILER ALERT: Which Major Character Is Being Killed Off ‘Desperate Housewives’ On Sunday?
Meanwhile, if the royalty fee for using a lyric of a Beatles song wasn’t so cost-prohibitive, Cherry might not have cut a line of dialogue that sparked the alleged September 2008 head-hitting incident between Cherry and Sheridan that is at the heart of the lawsuit. ”I couldn’t use the joke,” Cherry told the jury this morning after resuming his testimony. “I know she (Sheridan) was unhappy about that.” In earlier drafts of the script shot that day, a line from the Beatles’ “She Loves You” was included to accentuate an interaction between Sheridan and the actor, Neal McDonough, playing her husband. But costs forced Cherry to cut the line from the script, leaving Sheridan frustrated with no lines to say. “I understood her point,” Cherry said, “but I thought we could give her a funny exit with a bit of business.”
Cherry said he thought physical comedy would work well in the scene with McDonough. Giving the actress direction, he testified, “I said give him … you know, a pinch or a tap.” Cherry told the jury he delivered this direction in front of Sheridan and that episode’s director Larry Shaw, and Jason Ganzel, Cherry’s assistant. Cherry then said he “lightly tapped” Sheridan on the head. “She got this odd look on her face,” Cherry continued, “like she was thinking, and then she started yelling at me ‘You hit me, you can’t hit me,’ and she left.” Cherry, who has told his version of the incident on the stand under questioning from the plaintiff’s lawyer, said he was stunned and turned to Shaw and Ganzel and said, “What the heck just happened”? The producer says Shaw replied, “Yep, directing’s hard”. Ganzel wrote a statement later that day confirming Cherry’s version of events and added that Sheridan “asked him not to touch her”. Ganzel and Shaw are both scheduled as witnesses in the case.
Cherry then told the jury he later went to Sheridan’s trailer, and though he was “nervous” to go inside, he explained to her from the steps what his intention was in the incident and apologized. “It was a sincere apology for inadvertently upsetting her, but it was not an apology for hitting her because I didn’t do that”. Cherry then said he returned to the writers’ room to come up with a new line of dialogue for Sheridan and told “everyone” in the room what happened and how he had “smoothed everything over” with Sheridan.
James Denton, who plays Teri Hatcher’s love interest on the series and was on set the day of the incident, is in court and will take the stand this afternoon. He will be followed by Shaw and Housewives line producer George Perkins.


Took an awful lot of time for Cherry to come up with this little version- no doubt after feeding God knows how much money to the director and assistant who were the so-called ‘witnesses’. Am I the only one who thinks how potentially ludicrous Cherry and teams’ statements are? I mean, really? Does he really think that a person cannot tell a difference between a tap and a hit? What is going on here?
Not to mention that u r about to kill an actor’s greatest claim to fame, and u only inform her about it a day earlier? If this isn’t retaliatory action, I don’t know what is… However, it seems obvious that ABC, being a huge cooperation, has bought its way through the witnesses… What a pity… To deny someone their right in this world… Do they have no fear of karma? Poor Sheridan… Hope she gets work after this debacle
It’s actually not unusual for actors to be kept in the dark about their character’s upcoming demise until the day before the episode gets shot. The same thing happened to Julie Benz on Dexter and they used to handle it this way on Lost too. However, I do agree with you that Marc Cherry’s account of events sounds like a bad fanfic.
Truthfully, it’s unlikely Sheridan will get work after this. It would have been tough anyway since Edie Britt was a one-note character combined with Sheridan’s age.
Kind of odd that it supposedly took Cherry “an awful lot of time” to come up with this version in that it’s exactly the version recounted to me shortly after the incident. I’m not saying I know what the truth is, but I do know this is exactly what Marc was saying from the moment it happened and his version hasn’t changed one iota.
Also, telling a character they are going to be killed off too early can backfire not only in giving them time to strategize about how to avoid cooperating, but also wreck their confidence and performances leading up to the event. Withholding the info till the last moment is SOP unless you’re dealing with a particularly stable and mature performer or there’s extenuating circumstances, such as allowing them to secretly pursue other roles.
“Cherry then said he “lightly tapped” Sheridan on the head.”
From that peerless legal authority, Wikipedia:
“At common law, battery is the tort of intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them…Unlike criminal law, which recognizes degrees of various crimes involving physical contact, there is but a single tort of battery. Lightly flicking a person’s ear is battery, as is severely beating someone with a tire iron.”
He hit her.
Just sayin’…
They only fear the karma when the corporation turns on them…and it will!
Yep, Khan, you’re the only one. Oh, and you don’t know what is.
I was so sad when I saw Nicolette Sheridan die in Desperate Houseiwves, as she was an amazing character and could of lasted more seasons, but I am also shocked that she didn’t know she was going to die.
@Hoo Boy, didn’t catch u there, sorry. So, are you saying that it’s ok to hit someone just because you’re in a superior position? I’m sorry, please elaborate on what you’re trying to say… Thanks!
I have known Nicollette for many years, decades, in fact, and the one thing I can say, unequivocally, is that she is NOT a liar – she is telling the truth here.
Her public personna is quite distinct from who she actually is: a thoughtful, kind, generous and inclusive person. She has supported her family members and friends for years both financially and with her time. She is not a catty, backstabbing type of woman, despite the roles she has played. Women are immediately skeptical and worried about her because she is so beautiful and sexy and definitely does not tamp that down; but she is completely trustworthy and a loyal friend. I have seen women be extremely cruel to her repeatedly for no reason at all; often not giving her a chance to show them who she is.
The DH set, when I visited, was quite a scene and TH was definitely, at the time, constantly establishing her dominance and being mean to Nicollette (btw, Nic never she said this to me – I witnessed it). TH is a very insecure person (at least she was on this set and also when I worked with her on another project) and can be very exclusionary.
I really want to put my name to this as I stand by every word but given the corporate interests involved and the financial stakes, I am ashamed to say I will have to remain anonymous — I hope to continue to make a living in this town.
It’s taken a lot of guts for Nicollette to do what she’s doing and I’m proud of her. I hope that producers and directors will make a concerted effort to support her in the future and applaud her courage instead of continuing to punish her.
Cherry whacked her and she stood up for herself. If more of us stopped permitting this sort of thing, that is so clearly unacceptable, instead of kowtowing to power, perhaps we could begin to envision a more livable, responsible industry – in keeping with the level of power we wield as media makers.
I always had the impression Sheridan was narcissistic ever since she dumped Hamlin soon after their marriage. Apparently she was bored.
Neither Cherry nor Sheridan come out well in this.
Reading about all the testimony, it’s pretty clear that there were writer’s room discussions and network meetings about killing off Sheridan’s character from the beginning of the season (months before the slap incident even happened). Her claim that she was fired as a retaliatory act does not line up with the evidence. So far, only Sheridan’s side has had their day in court, and I imagine that once Cherry’s side calls writers assistants and other writers to the stand, they will back up his claim that her character was being killed off before any of this went down. Any writer in Hollywood knows that a writer’s room keeps detailed, dated notes of what has been discussed on any given day. The idea that ABC or Disney somehow created all this evidence after the fact is absurd.
That having been said, there’s no doubt that some version of the slap incident happened. Even if it went down exactly as Cherry says it did – that he was demonstrating what he wanted her to do in a scene and lightly tapped her – no boss should ever hit their employee.
My guess: She’s a diva and he’s a dick. She won’t win a cent on “wrongful termination” because the evidence won’t support it. She might win something for the slap, but I don’t think it can be much. And she may win a minor victory in the “court of public opinion”.
But no matter who wins what, nobody wants to work with a difficult and litigious actress, and Cherry’s name is smeared as well.
For any producer to tell a regular cast member (especially a fan favorite) that they’re being killed off the day before they film the death scene is utterly outrageous not to mention unprofessional.
And Sabrina Wind is contradicting herself. Check out what she said yesterday and what she said today. This whole trial is a joke.
I’ve never seen the show and I have no idea if she was any good or not but what happened to her sounds like a classic actors’ paranoid nightmare..being written out without being told….I’m sure there is ugliness and exaggeration on both sides, but it sounds like a creepy set to be on.
Again, he should have never touched her to begin with as there is no excuse for hitting a woman, even if he said he did so lightly. But I can’t imagine any studio wanting to work with Sheridan though, as she seems to be a basketcase and a headache.
Yes, but was ABC under any legal obligation whatsoever (per her contract) regarding telling her when her character was going to be killed off? And she seemed to work contentedly on the show long after – yes – the battery (at least according to Wikipedia?) Were they being ethical? Probably not. Should they have been operating with the belief that Sheridan would stick ‘em up? Everybody knows that, with leverage, in Hollywood, this happens in television all of the time. It’s why now actors routinely band together in negotiations when contracts are up (and also not necessarily when contracts are up too.) Through the rumor mill did she hear about Edie being killed off ultimately – in September? How do you prove that? Her contract was up and they killed off her character rather than entering into a new contract or picking up a new option. The operative theory is that ABC had every intention of “killing her off” the previous May. Is that accurate or is it a hindsight defense? Conversely she waited until her character was killed off to claim retaliation for the incident that happened in September? The legal inference would be that she was waiting to see if her character was going to be killed off before pursuing legal channels about the September incident. Was her offing decided in May – or not? Is there anything in writing anywhere about such plans? Does she have more – in writing and/or official documentation – about the incident in September? The legal question to me seems to be : which party is it exactly that’s being retaliatory? Or what is “retaliatory” in strict definition given the then-extant status of her contractual relationship with the show and with ABC? Is Nicollette Sheridan suing because they willfully took away her right…to “stick em’ up” because they withheld what would happen to her character in order to prevent being on the receiving end of such a possible “stick-up?” The jury would have to be convinced about what went down in May 2008 at ABC to find in their favor. If the jury doesn’t, whole different can of worms.
I think she has guts taking this whole thing on. She has to know that it won’t help her career in any way and that there probably isn’t going to be a super big pay out on her behalf. This is what has me convinced that Cherry did in fact hit her. She’s not backing down and she’s risking an awful lot personally in doing so. I wish her well and hope she’ll find a show that will appreciate her.
That old saw. It’s all about me. Yet another way they wield the psychological prod of “do as you’re told” irrespective of the disgusting things that they engage in. Which they’re doing for you and your children. That’s the apologia. If they’re paying you, even better. That way you’ll stay quiet forever. At a place like the New York Times for instance. A deniable “company” payroll of favors and graft and “benefits.” That’s all it adds up to.
I could believe cherrys version, you have to remember that her storyline was that she was an abusive relationship
agree with Reality Check…..neither Cherry or Sheridan come out well in this…….the truth lies somewhere in the middle.
If her character hadn’t been killed off, there would be no lawsuit.
They were under no obligation to tell her the character was being killed off, like someone mentioned this is a common thing.
I’m getting a kick out of all these folks who’ve never been on a lot, and never seen a set – save perhaps for slowing down to gawk when they spot one in the neighborhood – commenting on the “professional” and “ethical” standards for notifying an actor that their character is being killed off.
Sure, a day player, a weekly worker or even a character with a 3 episode arc may even know at the time they’re booked that they’ll die – though I’ve been involved in many instances that saw THAT reversed at the last minute. But for regular, multi-season characters who are interested in remaining with a show, I’m trying to think of ANY actors over the decades who knew any earlier than a few days before shooting THE final episode. And most found out with much shorter notice.
And in these days, when numbered, redacted, limited-circulation scripts for even the most hackneyed and ridiculous garbage are routinely treated as “top-secret” – as if the entire blogosphere and tabloid world is breathless DESPERATE for a scoop on “Chelsea” – the actor headed out the door is ALWAYS the last to know. Hell, the guard at the gate probably knows before the actor does.
Unprofessional? HA! More like, “Industry Standard.”