Weinstein Company Seals Sony DVD Deal

By MIKE FLEMING | Category: DVDs, Distribution | Sunday February 21, 2010 @ 9:35pm PST

UPDATES Weinstein Co Gets "New Lease On Life"?

weinsteinlogoEXCLUSIVE: The focus on Harvey Weinstein recently has been his heavy-handed Oscar lobbying for Inglourious Basterds and his uphill battle to reclaim the Miramax name and film library. But the behind-the-scenes restructuring effort continues for The Weinstein Co, and I've learned it has finalized a new DVD distribution deal with Sony’s Worldwide Acquisitions unit. TWC and Dimension releases will release through Sony’s DVD distribution pipeline. The structure is somewhat similar to the Summit DVD distribution deal with Universal, or Lionsgate’s deal with Fox, except those two companies handle their own DVD marketing campaigns. Though TWC has involvement, Sony will spearhead marketing of TWC’s DVD product, as the studio does in its deal with Bob Berney’s Apparition. The Weinsteins will get a modest advance for each film and pay a distribution fee neither side would divulge.

Sony_pictures_logo2DVD distribution has been a conundrum for the  Weinsteins, who once took a majority stake in distributor Genius Products and released through that company until they divested last year. The Sony deal is envisioned as long-term, but it is being meted out in packages of 9 to 10 films. True, the titles in the first group of films didn't burn up the box office. The 1st batch consists of Nine, the underperforming Rob Marshall-directed musical, A Single Man, The Road, Youth in Revolt, Halloween, Piranha 3-D, ... Read More »

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Now Warner Bros Settles With Redbox

By Nikki Finke | Category: DVDs, Distribution | Tuesday February 16, 2010 @ 1:29pm PST

warnerbroslogo-200One by one, Hollywood studios are reluctantly doing business with Red Box and starting  partnerships. (Fox and Universal still have lawsuits pending... Paramount and others have made deals.) The latest is Warner Bros whose Home Entertainment Group and Redbox today announced a new multi-year distribution agreement that will make new release DVD and Blu-ray titles available after a 28-day window. The agreement marks the end of the lawsuit that Redbox filed against Warner Home Video last August.

redboxKevin Tsujihara, president of Warner Bros Home Entertainment Group, said in a statement today that “the 28-day window enables us to get the most from the sales potential of our titles and maximize VOD usage.” The new arrangement provides Redbox with reduced product costs, sufficient quantities of product and optimal stock levels four weeks after street date as well as extends Redbox's access to Blu-ray titles, which Redbox is currently testing in select markets. Warner Home Video and Redbox will be implementing delayed availability during the month of March and will reach a 4-week window by March 23 with the release of The Blind Side. The new agreement will run through January 31, 2012. Redbox has also agreed to destroy Warner Home Video content following its lifespan in kiosks.

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Better Late Than Never: 'Avatar' Screeners

By MIKE FLEMING | Category: 3-D, Awards, DVDs | Friday January 15, 2010 @ 12:44pm PST

Osc2When it comes to Oscar screeners, they’ve saved the biggest for last. Fox has finally mailed out screeners for Avatar, in 2D format. (Not to worry: Cameron told me recently that he shot the film to succeed in 2D, which is how it will be initially released in DVD to consumers.) The James Cameron blockbuster arrives in Academy Of Motion Picture Arts & Sciences member mailboxes any moment. Most screeners arrived in December so voters could catch up on films during the holidays, but Fox held back until Avatar crossed the $1 billion mark. avatar2 narrowAlso, Fox wanted more time to encourage voters to see the pic on a big screen in 3D, and did its best to ensure that Academy screenings were packed. And then there were the studio's  concerns about piracy at a time when the film was building its box office. But holding back the screener wouldn't have impacted piracy anyway, judging by a recent Times of London report that named Avatar the fastest-pirated movie with 980,000 illegal downloads in its opening week.

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'The Hangover' #1 Comedy DVD Of All Time

By Nikki Finke | Category: Box Office, Comedy, DVDs | Wednesday January 6, 2010 @ 6:28pm PST

UPDATES How 'The Hangover' Got Made

Burbank, CA, January 6, 2010 - Warner Bros Pictures and Legendary Pictures' The Hangover has added another milestone to its record-breaking 2009 run. Since its release on Blu-ray and DVD on December 15th 2009, the film has become the #1 comedy of all time on the DVD charts with combined consumer and rental sales topping 8.6 million units with 1.5 million units coming from Blu-ray purchases. Strong sales are expected to continue bringing the six-month estimate to 9.5 million units. The Hangover earned more than $467 million worldwide during its theatrical run, making it the highest-grossing R-rated comedy of all time.

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FORGET THOSE RUMORS: Paramount & Thomson Renew DVD Services Contract

By Nikki Finke | Category: DVDs, Deals | Wednesday October 21, 2009 @ 4:15pm PST

paramountlogoI'm told this new deal is supposed to save Paramount “many tens of millions annually” as the studio copes with the sinking DVD market. There had been rumors that Paramount was in home entertainment merger talks with rivals like Sony Pictures and Fox Studios, signalling a new wave of consolidation over the slumping DVD market. Paramount was looking to cut costs by combining DVD production, distribution and back-office functions. One proposal reported by the Financial Times had Paramount switching to Sony’s DADC DVD production system rather than Technicolor’s system, which the studio currently uses. Judging from today's announcement, that may have just been a negotiating ploy:

PARIS, France – October 21, 2009 – Thomson, worldwide leader in services for content creators, today announced that Technicolor has extended its existing multi-territory DVD replication and distribution services agreements with Paramount Home Entertainment.

As part of this newly extended multi-year agreement, for both SD DVD and Blu-ray, Technicolor will continue to provide core services such as mastering, replication, packaging, distribution and returns processing, as well as freight management services in North America.

Frederic Rose, Chief Executive Officer of Thomson, stated: “We are pleased to extend our existing DVD service agreements with Paramount, a long-time customer. This contract is a clear sign of Thomson’s strength and market leading position in the industry. This agreement also serves to further confirm our expanded partnership with Paramount which was strengthened earlier this year with our announcement to create a state-of-the

... Read More »

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Fox Files To Dismiss RedBox "Meritless" Lawsuit

By Nikki Finke | Category: Courts, DVDs | Thursday October 1, 2009 @ 3:32pm PST

20thCenturyFoxFox filed documents today in the ongoing litigation between Redbox and various Hollywood studios. These papers are the studio's opening brief in support of its motion to dismiss RedBox's claim, and outline for the first time to the court Fox’s position on the Redbox dispute:

-- Fox has not refused to provide DVDs to Redbox. Redbox’s own complaint reveals that Fox tried to negotiate a contract to provide DVDs directly to Redbox. But after months of negotiations, the parties could not agree on price and other terms, even though Fox had offered Redbox terms similar to those accepted by other customers.

redbox-- After Redbox refused to accept those terms, Fox had the right to stop selling DVDs to Redbox altogether. It did not. Instead, Fox informed its distributors that they could continue selling Fox DVDs to Redbox 30 days after Fox initially released the DVD, but not before.

-- The court papers make clear that Redbox has no viable legal case. Antitrust law does not require a seller to provide its product through the distribution channel that the buyer demands, on the date that the buyer demands, or at the price that the buyer demands. To the contrary, sellers have considerable freedom under the law to sell (or not sell) to whomever they want, how they want, and when they want. To this end, a seller’s restriction on its distributor does not violate antitrust laws ... Read More »

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Redbox Now Trying To Enlist Consumers In PR War Against Hollywood Studios Cartel

By Nikki Finke | Category: DVDs, Law | Wednesday August 19, 2009 @ 11:01am PST

redbox war

As expected, Redbox is suing Warner Home Video over its demand for a 28-day window before it makes available low-cost DVDs to the kiosks. But what really warms my heart is the way Redbox President Mitch Lowe is using not just anti-trust law but also a PR offensive to fight back against the power, influence, and unlimited resources of the Hollywood studios and the cartel they've formed. (Hey, Hollywood guilds, you could learn a thing or two from these Redbox guys...) Redbox has now set up savelowcostdvds.com to explain its populist message aimed at the 150 million consumers who shop where the Redbox kiosks are located, "Don't Let a few movie studios prevent you from seeing the latest DVDs at an affordable price".
Here's the latest Redbox lawsuit:

Oakbrook Terrace, Ill. – Redbox Automated Retail, LLC, filed suit in Delaware Federal Court against Warner Home Video on Tuesday, August 18, 2009, to protect consumers’ rights to access new release DVDs. Redbox filed the action in response to new distribution terms imposed by Warner Home Video that would prohibit redbox from providing consumers access to Warner Home Video titles until at least 28 days after public release.

“Warner Home Video’s actions come at the expense of consumers,” said Mitch Lowe, president, redbox. “Redbox remains committed to providing our customers the new release DVDs they want, where they want and at the low price they want. Standing behind our commitment, redbox will

... Read More »

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Here Come Da Movie Joke-Telling Judge

By Nikki Finke | Category: DVDs, Law | Tuesday August 18, 2009 @ 12:35pm PST

Look at U.S. District Judge Robert Kugler's decision in Delaware yesterday on Universal's motion to dismiss in the Redbox case. (He granted it in part, and denied it in part. The Hollywood studios lined up against Redbox aren't happy that the court allowed Redbox's antitrust claims to continue, but threw out its copyright misuse and tortious interference claims.) gavel100But never mind the law or the decision itself. Look at the self indulgent writing. Yes, license like this is taken often. Things must get boring when trying dry corporate cases. So this judge sprinkled his decision with a bunch of bad puns using movie titles. (Makes you wonder how seriously he took this.) For example: "Redbox maintains that Universal has otherwise failed to 'Do the Right Thing' in seeking to prevent Redbox from buying new release Universal DVDs from other wholesalers and retailers, and in some cases succeeding in those attempts. With the 'Mercury Rising' in the relationship between Redbox and Universal, Redbox employees turned to a 'Cloak and Dagger' exercise, visiting Wal-Mart and Best Buy stores in an attempt to purchase multiple copies of Universal DVDs." Other new and old movie titles used are Duplicity, To Kill A Mockingbird, Hamlet, Great Expectations, Counselor At Law, The 'Burbs, The Fast And The Furious, Legal Eagles, Two For The Money, The Real McCoy, Two For The Money, Brüno, Raising Cain. What is it about Hollywood that makes everyone who comes within 5,000 miles of the place lose IQ points?

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Analyst Predicts Redbox Will Sue Warner Bros Within A Week; "But Bigger Question Is Will Netflix Sue Warner Bros?"

By Nikki Finke | Category: DVDs, Law | Friday August 14, 2009 @ 5:48am PST

redboxPali Research media analyst Rich Greenfield says today that Warner Bros throwing the next punch at Redbox -- and hitting Netflix, too -- now means 3 studios with over 55% of major studio DVD product will no longer be available to Redbox via traditional distribution sources. (VPD and Ingram.) "Given that Redbox has sued Universal (45 days) and Fox (30 days) over their windowing strategies, we would expect Redbox to sue Warner Bros (28 days) in short order, Greenfield predicts -- maybe as soon as next week. "While Sony, Lionsgate, Disney (and likely Paramount) appear to be happy working with Redbox directly or via distributors, we have a hard time understanding how a studio would not feel threatened by Redbox’s current business model, as it sets an ultra-low price point for movie content that will impact consumers’ decision-making process about all forms of movie-related commerce (theater-going, DVD purchase, Video-on-Demand, electronic/online rental/sell-thru, etc…)."

Greenfield notes that the movie studios are increasingly concerned that the buy vs. rent pendulum is swinging far too quickly back to rental after over a decade of explosive retail sales growth, with the resurgence of rental led by mail-order subscription (Netflix) and kiosks (Redbox). "Studio profits are heavily weighted toward sales vs. rental, exacerbating the problem with a sales/rental mix shift. What makes the Warner Bros statement so intriguing is that it goes well beyond windowing Redbox. Warner ... Read More »

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Warner DVD Closes Kiosk/Mail Order Deals

By Nikki Finke | Category: DVDs | Thursday August 13, 2009 @ 1:15pm PST

Warner Home Video is cutting out its middlemen so it can set terms directly with Redbox and mail order vendors. That way Redbox etc won’t be able to obtain product from 3rd-party distributors. Unlike Universal and Fox who are full-force battling $1 DVD sales' windows in the courts right now, Warner Bros is embracing a slightly more favorable timetable for Redbox etc. Warner Home Video wants a 28-day window, but Fox's is 30 days and Uni's is 45 days. Even so, Redbox is not expected to take this well:

Burbank, Calif., August 13, 2009 – Warner Home Video (WHV) today informed its wholesalers that beginning in October, WHV will engage solely in direct relationships with kiosk and mail-order subscription vendors.

Through a direct relationship, WHV can ensure that its titles are available through a variety of distribution models to serve all types of consumer preferences. WHV will be in discussions with both kiosk and mail-order subscription vendors, offering business options that will allow all parties to grow their respective businesses. The options offered to kiosk vendors will include a 28-day window, while mail-order subscription customers will also have a day-and-date revenue sharing option. Additionally, WHV has revised their wholesaler terms to prohibit the purchase and sale of WHV previously viewed product.

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Now Redbox Is Suing Fox Over Kiosk DVDs; UPDATE With Fox Statement Hitting Back

By Nikki Finke | Category: DVDs, Law | Wednesday August 12, 2009 @ 11:50am PST

Here's the Fox statement:

Last week Fox announced that it would support the vending machine business starting 30 days following our initial home video release date. Fox believes this would provide the consumer with high value, broad title choice and quality access to Fox movies. We invest enormous amounts of money, creativity and effort to make entertaining, high quality Fox movies available throughout the world. In the home entertainment business, Fox offers its movies through brick and mortar retail outlets and online retailers, including both national and regional chains and small mom-and-pop stores, offering consumers a wide selection of new releases and catalog for both rental and purchase. Fox's various business models have elaborate infrastructures and employ significant numbers of people to provide quality customer service and the best consumer experience. Our desire is to maintain for Fox movies a thriving network of distribution serving all types of consumer preferences, on reasonable business terms for Fox as well as our distribution partners.

Fox spent several weeks trying to negotiate a deal with Redbox that offered Redbox varying terms that gave Redbox the option of purchasing DVDs either on the initial DVD release date or with a 30 day window. Unfortunately, Fox and Redbox could not reach an agreement. Redbox has now filed a lawsuit challenging Fox's ability to make business decisions that Fox believes are in its best interest as well those of consumers. This lawsuit aims to limit Fox's ability to make legitimate business decisions, and

... Read More »

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Spoof: Nobody Watched The 'Watchmen'

By Nikki Finke | Category: Comic Books, DVDs | Tuesday July 21, 2009 @ 10:11pm PST

Timed to the release of Comic-Con and the Watchmen DVD, this send-up depicts Rorschach confronts his cranky creator Alan Moore over a plot to destroy all Hollywood film adaptations of comic books. (If only!) This is more clever than most of the "Funny Or Die" videos -- and not just because there's a hilarious reference at the end to me and DHD. Watch (and listen) for it.

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Fox Screws Up 'Slumdog Millionaire' DVD

By Nikki Finke | Category: DVDs | Tuesday March 31, 2009 @ 11:48pm PST

There was a bad batch of Slumdog Millionaire DVDs released without the special features advertised on the box. Missing are "The Making Of" featurette and the "Deleted Scenes" among other promised content. Needless to say, a lot of buyers are complaining to Amazon about it. The web seller has added this note:

DVD Alert: We are aware that special features were missing from a number of Slumdog Millionaire DVDs. Fox has set up a hotline telephone number (1-888-223-4FOX) for those consumers who may have purchased a version that does not contain special features. Upon calling the hotline, these consumers will be able to have their disc replaced for one containing special features. Fox regrets any inconvenience this has caused.

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'Twilight' DVD One-Day Sales Hit Top 5; Summit Says 3 Million Units Sold 1st Day

By Nikki Finke | Category: DVDs | Sunday March 22, 2009 @ 12:20pm PST

UPDATE: Summit Entertainment's Twilight DVD went on sale Saturday at 12:01 AM. I hear it's already debuting in at least the Top 5 of all DVD one-day sales openers of the last 2 years. What a franchise! Specific numbers will be released today. (I've already tweeted that Twilight became available to Comcast customers On Demand beginning the same day as the DVD, including 3 featurettes like an exclusive behind-the-scenes look at the making of “Vampire Baseball”.) Here's the Summit Entertainment news release:

Los Angeles, CA March 22, 2009 – Summit Entertainment announced today that the home entertainment release of the studio’s action-packed, modern day vampire love story TWILIGHT sold over 3 million DVD units in its first day of release. The DVD launch commenced this past Saturday morning at midnight with nationwide events during which time Summit and its retail partners provided TWILIGHT fans with the chance to celebrate the DVD release of the film. “TWILIGHT at Midnight” allowed participating retailers the opportunity to stay open late as fans lined up in impressive numbers to purchase the DVD of the epic romance at midnight parties.

Thousands of TWILIGHT fans across the nation participated in the “TWILIGHT at Midnight” event and some were surprised by filmmaker and cast appearances. 2,500 fans attended in Salt Lake City to see Rachelle Lefevre who plays Victoria; 2,000 showed up in Los Angeles to see Ashley Greene who plays Alice Cullen;

... Read More »

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Is DVD Dilemma On Hollywood's Horizon? Technicolor Owner Thomson Needs Cash

By Nikki Finke | Category: DVDs | Wednesday January 28, 2009 @ 9:47pm PST

UPDATE: My sources were right: media technology group Thomson SA announced in Paris Thursday that it needs a cash infusion to improve its balance sheet and is exploring solutions with creditors and potential equity investors while warning it was "likely to breach one of its debt covenants". So here's the huge problem for Hollywood: the French-headquartered electronics and media giant, since 2001, has owned Technicolor, which is the giant maker of DVDs for the studios. "I can tell you the rumors have been flying all day as each studio was getting informed from Thomson of the announcement coming tomorrow," one source told me today. "The studios' DVD divisions were pretty shook up about the news since there's not really another DVD maker that can handle the volumes Technicolor does." Technicolor has long been a highly successful film processing firm that also became involved in DVD manufacturing. At least now the studios know that Thomson is going to stay in the DVD business because the company emphasized Thursday that it will focus "on providing services to content creators in the movie and media industries". Meanwhile, sources tell me that Thomson expects to receive help from the French government to continue operating.

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DVD Sales For 2008 Down 10%-15%

By Nikki Finke | Category: DVDs | Wednesday December 17, 2008 @ 11:29am PST

I'm now hearing from the moguls that after November logged 30% lower DVD movie sales including blockbuster titles, the studios are bracing for end-of-year stats showing 2008's titles will finish down 10% to as much as 15% behind 2007. Of course, Dark Knight is selling gangbusters and breaking records...

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First Day 'Dark Knight' DVD Sales Break Record: Certain To Smash ALL Records

By Nikki Finke | Category: DVDs | Wednesday December 10, 2008 @ 6:17pm PST

I just heard that Warner Bros' Batman Blu-ray discs alone sold 600,000 copies on Tuesday, the first day of release. By contrast, Marvel/Paramount's Iron Man sold 250,000 Blu-ray discs when it premiered on September 30th and ended up selling 400,000 Blu-ray units in its first week. But wait til you see what The Dark Knight sold in both formats, standard def and hi-def: 3 million copies bought by customers in the U.S., Canada and the UK on its first day in stores. That's 3x the norm. This isn't a superhero, it's a cash cow! The Dark Knight was not only 2008's best DVD sales day, but is also likely to be 2008's bestseller of the year by next week with a projected number of 7 million units. This is beyond huge! Christopher Nolan's pic is truly the gift that keeps on giving after already making $1 billion at the worldwide box office. Warner Bros should use this phenomenal performance to help push The Dark Knight and everyone associated with it for Oscar nominations as a box office phenomenon and critical darling.  The studio said sales surged at grocery stores, indicating that the format is broadening beyond early adopters to more mainstream buyers, notably women. What makes this all the more remarkable is that I've been told Hollywood's overall DVD sales were 30% down for the month of November. The Industry is admitting they're also off 6% for the year so far and will likely end up 8% to 10% behnd 2007. ... Read More »

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November Had 30% Lower DVD Movie Sales

By Nikki Finke | Category: DVDs | Thursday November 20, 2008 @ 5:28am PST

Insiders are telling me that end-of-November and even end of-year stats regarding DVD sales of 2008's major movie titles are looking like a disaster areas. The guesstimates are that even blockbuster titles like Iron Man and Hancock will be down 30% this month. The Industry is admitting they're also off 6% for the year so far and will likely end up 8% to 10% behind 2007. Interesting that studios which earlier claimed their film biz was near-recession proof are now blaming the economy rather than new digital media delivery options.

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Furious Horror Film Fans Target Lionsgate

By Nikki Finke | Category: Agents, Blogs, Broadway | Wednesday June 18, 2008 @ 11:01pm PST

I give TV and movie fans a lot of credit: when they get mad, they scare the crap out of the moguls. That's happening at Lionsgate where the studio's phones and email accounts are jammed with angry fans for the past week. They're making a stink because new Lionsgate topper Joe Drake appears to be dumping all of ex-prez Peter Block's movies. That includes Midnight Meat Train, the adaptation of the Barker short story that's a fan fave. Supposedly the trailer tested higher than any film in Lionsgate history. But when Drake took over, he promptly bumped Midnight Meat Train from its May 16th release date. The result was that Rogue Pictures' The Strangers (which was skedded two weekends later) had zero competition in the hard-R category. And guess who was exec producer of The Strangers? Joe Drake.

Then, the websites, Shock Til You Drop and Fangoria found out Lionsgate is planning only a 100 theater run on August 1st to merely fulfill the contractual obligation with Lakeshore Entertainment. The plan is to release the DVD immediately after. So fans are asking if Drake is such a dummy that he'd intentionally sink what to them is a sure-thing hit. And they want to know if the studio that was built on horror gross (both the gory and cash kinds) is going to bite the hand that's fed it so well in favor of four Tyler Perry movies a year.

The result is a lot of anti-Lionsgate blogging in Horrorville by fans, by self-appointed horror flick experts, and also by Barker himself. "I would passionately encourage everybody who cares about my work ... Read More »

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What CAA's Kevin Huvane Is Doing To Risk Losing His Many Actress Clients

By Nikki Finke | Category: Actors, Agents, DH update | Friday April 25, 2008 @ 5:11pm PST

I'm told CAA partner Kevin Huvane is throwing a belated birthday party on Saturday night for recently released from prison Joe Francis, the scandalous founder of Mantra Films Inc, which produces those disgusting Girls Gone Wild soft-porn video and DVD series caa.bmpwhich have prompted so many complaints that women and even underage girls were filmed without their permission. UPDATE: *In addition I'm told Huvane along with his posse of friends use Francis's Mexico vacation compound in Punta Mita almost every Xmas and New Years as well as Easter. When Huvane's not having his own parties he parks his very special clients there. So some see the birthday party as a payback.*

I've confirmed that Francis is not a CAA client. But it's not only Francis's professional behavior that's controversial, but also his personal behavior. You may remember this article from the August 6, 2006 issue of the Sunday magazine of the Los Angeles Times by Claire Hoffman in which she described an incident in which Francis "humiliated" her by pinning her to the hood of a car and twisting her arms hard behind her back (so hard she feared he'd break them) while he pushed himself against her and shouted -- apparently demonstrating his 2003 arrest in Florida. Hoffman claimed that "the pressure he applied was so intense that hours later, my arms were covered in red hand marks."

There also ... Read More »

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