ShadowHawk -- The Drama of the End

    In June Frank made a somewhat feeble attempt to revive GO WEST, YOU IDIOT!.  Feeble because pretty much everyone else had given up on both him and film and he didn’t seem all that interested in it himself.  On the first Scott wrote to him in an attempt to discover what, if anything, was happening with the development money.
    Frank,
    Just a brief note to ask the status of the funding process for the GO WEST project.  Debora’s people at Lost Myths, the Shadowhawk team and myself had each dedicated our own GO WEST work start-up times to meet the expected early May release of the development monies.  But May is now gone.
    At your very earliest, please bring all of us up to date and expedite the distribution of the investor money – we must get this project on the active development schedule now.
    Best to you and yours, Scott
    Scott,
    Sorry for the late response to all of you.  We just returned from Europe last night.  I had to go to Slovakia to help Katarina after her father’s death.  It was a total nightmare and would be enough material for another book.  We had to organize things that usually take years in Slovakia in a couple of weeks (get a place in a nursing home for her mum, inheritance...).  Regarding the funding, I am meeting the investor Tuesday (Monday is a public holiday here) and can then tell you the exact timing.  I apology for further delay, but the family issues occupied us for the last month or so.
    Cheers, Frank
    I liked Anthony’s assistant Alan McNamara a lot; he was a personable, intelligent young man with the emphasis on young.  When he first came to work for Anthony it was before we met him, and Alan was sixteen and still in school.  Four years later he had been promoted from being Anthony’s assistant to the holder of more and more outrageous and outlandish titles.  At the end of May he left and returned to his family, but early in June he returned, and was re-instated.  During his absence, caused by a huge blow-out with Anthony that turned nastily physical, they asked me to be the Acting Director for UFPI (a post that apparently carried no responsiblities).  Once Alan returned we were worried about it; Anthony was showing more and more tendency to employ and promote people who were completely unqualified for the positions he wanted them to fill.  I wrote to Cathal on the 7th in an attempt to address the Alan situation.
    OK, boys; this is your business and I’m not going to tell you how to run it.  I would have thought, however, that since you went to the trouble of asking me to be the Acting Director, you would have let me know what happened at your meeting with Alan.  Now, I’m just going to tell you this – he is too young, too inexperienced, and doesn’t have the education for this position.  Now, you go ahead and we’ll see how it works out.
    I was, of course, ignored.  I didn’t want Alan to think I had anything against him either personally or professionally; I liked him then and I still like him now, years later, when he is the only one of the ShadowHawkians with whom we have remained friends.
    On the 7th of June ShadowHawk was turned down by their bank for their yearly loan.  Personally I thought this proved the bank managers were astute; Anthony, of course, was devastated.  I wrote him a letter that day.
    Anto;
    Sorry about this development; we really have to address what is out there for us.  We know you are waiting to hear from David Elliott about RIVER STREET, and from the Gloria Diamond people about their plans to be in Dublin.  Now; what is happening with the Axis Theatre Project and Eason’s?  I’m not counting GO WEST in here, because I don’t really consider it an active project at this time – that could change, but we can’t count on it.
    I know you have other possibilities out there that could pull you out; the animation, for one.  If you cannot count on your bank financing any longer, you really have to bring one of these to fruition.  Anything we can do to help in that, let us know.
    Debora, Sandra and Tom
    The following day the first UFPI newsletter for June was released.
    Pyramid Entertainment producers have announced that they are seeking a distribution deal for Tom Deedy’s RIVER STREET.  ShadowHawk Films International have been discussing the production of the series with Pyramid since March of this year.  While Pyramid have not yet confirmed as to weather (whether!) Or not they are planning to produce the series, they are now looking to see if they can put a distribution agreement in place.  If greenlighted, the series will be produced here in Ireland by SHFI.  Pyramid are said to be considering approaching Sony Entertainment, Paramount Pictures and Buena Vista International to discuss a distribution deal for the series once completed.  Pyramid Executive Producer Yoshito Miyoshi said, “Before we can proceed any further we must gain a distribution deal.”

    On the 8th Anthony sent Tom Deedy this letter:
    Dear Tom,
    I hope this email finds you well.  The weather is just lovely here in Ireland and we hope it keeps up.  Cathal has heard from Pyramid.  At this point they are not saying yes or no to RIVER STREET.  However, they are planning meetings within the next week or so with Sony, Paramount and other major distributors regarding a deal.  I am sure you are aware that nothing involving massive money is made without a distribution deal in place.  David has said, “But we know this anyway as we have dealt in this area before”.  This is standard procedure for productions.  I don’t want to sound too confident, but if Pyramid are discussing distribution deals then chances are they will pick up River Street.  As I said, let’s not run away with this, but it is looking good.  For now, I just need you and the gang to relax and wait for further information.  David has said they are planning to move fast, so news should come quickly.  I will keep you posted.
    Sincerely, Anthony
    On the 12th we received a request from a producer who required a complete package for whichever film we wanted to place first.  The package required would include a synopsis, top sheet budget, letters of interest or commitment from actors, a biography on the producer(s) involved, the Director and Director of Photography, Proof of funds for any funding committed, a letter of distribution is available.  
    That was when we realized we would never be able to pull in another production company while we were working with ShadowHawk – the only one of these things we actually had that would be laugh-inducing was the synopsis.  Scott Ferguson agreed with me on that score, but had some suggestions to make.
    My own thoughts on this – she is asking for the normal items of requirement.  But, I believe the key one is always financing.  With that the others are far more easy to gain.  Short of any financing inroad potential that ShadowHawk may have (such as David Elliot’s Pyramid pool), The Danger Club and Fruit of the Poison Tree fall short on nearly everything she is asking for – at least right now.
    But, Go West may be the lead project here.  Granted, it all balances on Frank gaining the setup money – which is sizable, really.  I propose we use the packaging requirements to light a fire under Frank today to get us funds (partial or all) by the week’s end to put together what they (and others) will need.
    Frank wrote the same day:
    I will do everything possible to close the deal with the investor.  It is sometimes frustrating dealing with him because he is always traveling but will press him to finalize the funding this week.  Will be in touch soon.
    Regards, Frank
    The only response from Anthony et al was: How do you want to proceed with this?
    I was definitely reaching the end of any patience I had left.  I wrote back and said,
    Anthony et al,
    We cannot proceed ourselves with this, nor can you.  The only project that would work for GESTE is Go west – so it’s all up to Frank now.  If it doesn’t work out there again, I will write to them and tell them we don’t have anything for them at the present time, but we might in September, when David Elliot is going to consider our projects for the Pyramid Corporation.
    Apparently Anthony wasn’t paying close attention to what was written up until that point, because he sent this back to me on the 15th:
    Hi Deb,
    Why is Go West the only one that would work for them?
    So I wrote back, in explanation: They have very strict guidelines – first money must have been received.
    Frank bailed on us the same day.  I was not able to talk to the investor this week.  He is overseas again and I tried everything possible to get in touch with him.  Called him, left him messages, sent emails and intervened through our common friends.  He did not respond to any of us.  I also tried other investors but because of the tight time limit was not able to proceed with any of them.
    Because I don’t know when the investor is coming back to Perth I cannot commit any funds today.  He might be back next week but might not.  I can see only one solution to this situation.  If Kevin Ackerman is really serious about the project I am willing to give part of my equity in the project to Lost Myths Ink in return for the release of the script.  I know Deb is strongly against this idea but this could be the only way to move forward.  If Ackerman takes the project and ShadowHawk is able to get financing from the investors waiting since last year, all of your can have immediate income from the project.  Moving the project to the side brings nothing and will probably kill it completely so work done in the past will not be rewarded.  Not to mention the realization of Go West may bring other work for Lost Myths in the future.  I know the feeling is against me but I really tried very hard to get the development money.  In the process we lost lots of money with Milan (Frank’s business partner) and the result is zero at the moment.
    I think we should all consider the current situation and take into account the potential benefits for the group of Go West gets the green light.  I am genuinely sorry I could not help more but that’s the fact.  I will consider all Lost Myths’ demands just to keep moving with the project.
    Regards, Frank
    While that might sound as if Frank was making an attempt to keep Go West alive, the truth was that he had been stringing us along for years, and we had reached the end of that broken track.  So perhaps we were the ones that were bailing, but I definitely resented being cast as the ‘difficult’ one on the team because I had withheld the new version of the script we spent so many hours completing.
    So this letter comprised, for us, the first sally in the war to end our relationship with ShadowHawk...although we didn’t actually realize it at the time.  So, June 15th we jettisoned Frank Cmero from our lives – but it wouldn’t be forever, which was what we devoutly wished at the time.
    (No Greeting)
    Kevin Ackerman is not interested in Go West – it is too expensive and vast in scope for what he is currently doing.  I will write to the people at GESTE and tell them we may contact them again in September.
    What time limit are you talking about?  This project has been hanging fire for two fucking years and there has been no outcome.  Because of the scope of this film, no one is going to proceed with it unless that first money is invested.  I must now believe that your Investor #2 is not serious in really being interested in investing, as he never has the time to sign the papers to do so.
    I cannot be mired in the mud any longer.  I must move on.  I have no further interest in Go West; I’m willing to write off all the work done on it simply to be free of it.  It is an albatross.
    OK, so maybe I was more than a little angry at the time.  The letter we received from Cathal on the 16th didn’t improve my mood in the least.  Apparently ShadowHawk had decided that we were now simply an extension of them; their scripts were supposed to be as important to us as our own.  I wasn’t certain when it went from ‘we want to produce your scripts’ to ‘we want to share your contacts and get our scripts produced’.
    Dear Debora,
    I am afraid I have to stop you in your tracks.  To be honest I am sick of every option that comes up on your end only being looked at from a Lost Myths Ink point of view.  This is a team effort for those involved within our network and those we consult with.  While we cannot move forward with a Lost Myths Ink project or Go West at this time, that does not mean that ShadowHawk does not have anything available.  We are constantly under fire over our lack thereof as it has been put (huh?  English, please?), yet from what I can see ShadowHawk is the only ones pulling out all the stop signs.  There are always options and I feel instate (?) Of arguing about them when we should do our very best to secure or fight for what we can.  Now if someone would kindly send me information on what these two producers are looking for then I will come straight back with what we have.
    So, this created a problem that would not be solved.  Could not be solved, because Anthony and everyone around him was barely able to write a coherent sentence.  Now we were supposed to promote their feeble efforts at writing scripts to our network?  The end was in sight.
    The same day, before he received my response to Frank’s bailout, Tom wrote to Anthony.
    Dear Anthony,
    What do you think the next step is?  Just asking your opinion, I have not heard from Debora but we all know what her probably opinion will be.
    Tom
    And Anthony’s response, the same day:
    Dear Tom,
    A lot to play for.  DEVIL’S BAYNE, our animation, has been submitted and we are waiting to hear and will be sending SHADOW WARRIORS next week.  RIVER STREET if Sony offers a distribution deal, the GLORY OF DIAMOND should be in place by the end of the month or early July.  At Axis Theatre I am waiting to hear about the second being released later this year.  I also plan to start talking with another novel joint over here.  We have one of our films in talks and is hopefully (hey, I didn’t write this stuff!) Frank might actually come up with the money.  We have a lot going.  It is just a matter of one of these people giving us the break we need.
    Sure.  The same day Anthony managed to get his loan from the bank; I wondered how that was possible at the time, and it wasn’t until much later that I found out he used us and a lot of our work and credentials to change the bank’s mind about the renewal of their loan.
    Dear Debora,
    ShadowHawk has reached an agreement with the bank and we have received our third quarter of the finance.  In order to ensure we can reach our target for the next quarter, I have decided to hire Paul Nolan as a joint Managing Director until the end of August.  Paul will be running the show as Managing Director but will be keeping Anthony in the loop as Anthony is still the Senior Managing Director.  Anthony wants to spend time developing the network.  So while we are trying to land RIVER STREET, GLORY OF DIAMOND, AXIS and other projects.  Anthony is moving ahead to bring in other business.  Paul is extremely experienced in management, sales and distribution.  He will be taking up his position on Monday the 3rd of July for eight weeks, over which time he will be working at getting us moving.  If he fails he will be let go, but if he does his job we can hire him for another period of time.  As I have said, he will not be at his desk until the 3rd but his email account has been given to him so it would be great if we could all keep him in loop so that when he starts he knows what’s going on.  Please share your thoughts with me on this matter.  Thank you.
    C
    And later that day, I replied to Cathal’s letter about my ‘non-cooperation’ in his plan.
    Dear Cathal,
    I am completely flummoxed by this letter.  Are you talking about GESTE?  I am on the telephone with Tom, who also cannot figure this letter out – we responded to Norma that there was nothing available at this time that met all of her criteria because none of the scripts have funding, a budget, actors committed, etc.  Scott Ferguson contacted her about our work; that’s all we know about, and that’s all she knew about.  Since Mr. Cmero has once again failed to deliver, I had to inform her of this.  I’m not sure what else I could have done under the circumstances.  If you feel you have something that would work for them, contact her and tell her – we certainly don’t know anything about that.
    Debora
    He wrote back the same day.  The 16th turned out to be a busy day, correspondence-wise.
    Dear Tom,
    Please provide me with an email for her and I shall write to her regarding the projects.  Furthermore, I thought development was a team effort.
    C
    Dear Cathal,
    Her name is Norma Brodie, Producers Representative for GESTE INC.  Email:
    Yes, development is a team effort, that is why we have cc’d both you and Anthony on all correspondence.  Scott sent an email to you directly when he discovered this organization.  Before this decision was reached Anthony was consulted, and he agreed that if Frank actually came through this time, his project was the only one that came close to fitting her requirements.
    Tom
    Dear Tom, 
    I know you have been providing information.  My argument is now that things have failed with GESTE, you just hand us the email and if we pursue it then we pursue it and if not then just let it go.  We are not going to get far half-doing things and turning things away.  I have been looking into a number of things.  How do you feel about ghost writing?  Signing off for two weeks, but may check in from time to time.
    C
    The following day Frank also weighed-in on Cathal’s original letter to me regarding our ‘failure’ to cooperate (mostly, that would be me, apparently).  Keep in mind that Frank had been promising us the development money for GO WEST, YOU IDIOT! For TWO YEARS with absolutely nothing to show for it except the impending loss of our houses here in California.
    Deb,
    I guess Cathal is absolutely right here.  You are not willing to accept any option at all.  You fixed to the idea I have to pay for development and nothing else is possible.  You know I committed to the funding in the past only because the project was dead and nobody was able to find interested investors or production companies.  I really appreciate the work you and Sandra have done on the project, but your stubbornness will not help anybody.  You might have had regular income from the project months ago if you were open to other options and released the script the script to the interested parties.  And there were plenty of them in the last months.  As I said, I accept that I failed with the funding but would give part of my equity or income from the project to you and Sandra as an appreciation of your work.  I don’t need to be executive producer and I don’t need to have a majority in the project.  And once you all start working on such a major project the opportunities would certainly come your way with future contracts.
    I can almost hear you swearing but I just wanted to express my opinion which might be also an opinion of others in the group.  As Cathal said, it is a team work and the major decisions have to be made by the group.  ShadowHawk also spent considerable amount of time and money, and they should have a say in the decision-making process as well.  I don’t believe I convinced you with this email, all decisions are up to you.  My life doesn’t depend on show business, I just want to move the project to the level where there is a chance for the group to finally make some money.
    We discussed this between us, and Frank was right in a way – we had decided long ago that we would not release the new script without that development money.  And now that we were reaching the end with ShadowHawk, even if it wasn’t yet obvious to Frank, it all seemed to be moot.
    But Anthony wasn’t quite ready to die.  On the 21st of June he wrote to Frank.
    Dear Frank, 
    I am writing in order to put in place somewhat of a deal in order to finally bring to an end this dispute.  James Nolan, my Marketing Director has landed a deal with a UK company who are producing their first movie in connection with Warner Brothers.  We have submitted over 35 synopses and they have decided to look at a package deal for COMBAT PATROL and GO WEST.
    These two scripts are not the only ones being looked at.  There is (are) over three hundred, and only three I think is (are) being picked.  In order to proceed we are going to require the script of GO WEST.  However, at present Lost Myths Ink are not releasing it, and furthermore even if they do, Cathal does not wish to pursue this agreement without detailed information on your investors.  Therefore please let me know what is happening with this new investor and what has happened to Fischer?  Thank you.
    Sincerely,
    Anthony Whelan
    And then there was the ‘ghostwriting’ issue.  We had already done so much editing and rewriting work for ShadowHawk, and never been paid so much as one dollar, that I was leery of anything else they might bring round.  Anthony wrote to Tom that same day.
    Hi Tom,
    I believe Cathal was speaking to you last week about ghostwriting.  ShadowHawk is looking into a contract deal with UK companies for this.  At the same time we are looking into a contract deal for the U.S.  What sort of hours does Lost Myths Ink have available to do this?  Cathal is looking for a report on this so he can look into it further.
    Sincerely, Anthony
    Well, let’s see...how much time would we have to devote to something that would actually PAY us?  Oh, 100%.  Not that I believed any of this existed.
    Frank wrote back to Anthony the same day.  
    Dear Anthony,
    We are moving this weekend and I am not able to see anybody for the next few days.  However, we reached some agreement with Deb regarding the release of the GO WEST script, and I will be in touch with Scott to confirm the payment beginning next week.  Also, I am going to talk to the investor again.  He is arriving from China on Saturday and I should be able to see him around Tuesday.
    I might be a few days without internet, but will come back to you ASAP.
    Regards, Frank
    That took some explanation to Anthony.  We had arrived at a verbal agreement with Frank Cmero for him to get us enough money to cover a percentage of what the company owed us for work done on Go West and for ShadowHawk, and a small advance for Scott Ferguson.  It really didn’t involve ShadowHawk, except for the fact that they were currently in charge of finding a production opportunity for the script.
    OK, what Frank is talking about is $13,500 – the $10,000 to Sand and Deb (which is about a quarter of what the group owes us) and $3,500 Scott asked for in the event he has to be somewhere for Go West in the near future.  If this is forthcoming, we will release the script for your British company.  This does not negate the agreement made between the four partners in 2004 for the distribution of the development money.
    What day next week is Cathal meeting with the British producers?  Has that been set up already?  Hopefully you can coordinate everything with Frank to get things rolling, and he can take some info to his investor regarding the producers – what do you think?
    Deb and Sand (Tommy, too...)
    Anthony came back to me the same day with some suggestions.
    Deb,
    We need to layout a plan today as I will be making the presentation tomorrow and from there Cathal will be dealing with it until I return.  Once they have read our presentation they will contact Cathal to arrange a meeting.  We need something in place with Frank, though, as we are now in the signing phase and need information quickly.
    Anthony
    Since I had no response to this that could actually be put down on paper without setting the computer on fire, I left it and Frank responded instead.
    Anthony,
    As I said, the investor is coming home Saturday.  I will try to contact him immediately after his arrival by phone and get his final approval.  If that is unsuccessful I will get the money from somewhere else.  Call you soon.
    Regards, Frank
    Anthony was a Cancer as am I, but his birthday was at the end of June.  He had decided to go to Spain for a week, and in spite of the fact that we now lived in a world where contact was pretty much assured through email and cell phones, he had elected to be out of touch for two weeks.  While this struck me as insane with everything that was happening, my hints to that effect fell on deaf and stupid ears.  He wrote to Frank on the 22nd.
    Hi Frank,
    I will be away next week, but I will forward you a contact number before I go.  We need to push as quickly as possible.  This company in the UK are very serious about producing the script if it meets their standards, and when they ask questions I am going to need to be able to give them the answers they want.  Within the next two or three weeks I am hoping to have a deal in place and need everyone to be involved and matters to be dealt with.  Please keep me and Cathal updated.  Thank you.
    Anthony
    Scott managed to weigh in the same day – it was a busy day.
    Frank,
    Put aside whatever issues you have now and find a way to pay Debora to release the script.  I know Anthony and Cathal enough now that if they say they are forging an interest deal on GO WEST, they will do everything possible to make that happen.
    I am copying this to all the principals because it is important to keep everyone within the loop on this minute-by-minute.
    This is not a drill...
    Best, Scott
    For the next six days, nothing happened at all. Anthony went to Spain and it was during his absence we received the letter from Tom Deedy that would end everything.  June 28, 2006.
    Deb, Sandy & Tom,
    I don’t know about you, but I don’t have contracts with anyone for River Street.  Currently, there is other interest, as there has been in the past.  The way I understand it, the contracts come from Anthony and Cathal.  Is that correct?  They’d better produce something soon or I’ll be forced to shop the project.
    Don’t get me wrong – I don’t want to.  But I’ve been down this road before and without contracts, this is kinda silly.  I haven’t ever talked to David Elliott or anyone from Pyramid.  I’m flattered that everyone likes the material, but if we’re going to lock up the project, I need a contract.  These are the simple realities of the business world.
    Please forward this to the ShadowHawk team.
    All Best,
    Tom Deedy
    Sandra and I discussed this letter and, even given the stupidity and sheer brainlessness that the ShadowHawkians evinced in the past, it didn’t seem possible that they could have overlooked such an obvious step in the negotiations for RIVER STREET.  We had signed so many contracts, agreements and ridiculous pieces of paper for ShadowHawk during our business arrangement that I wondered if Anthony had somehow slipped up and would rectify it upon his return.  But we could also see it all slipping down the drain, and all our hard work with it.
    Tom,
    I am on the phone with Sandra; she read the last message, and to be honest, we’re both shocked that you have no signed contract and never received the budget for the pilot.  We’re not in charge of RS, we’re really only involved because you wanted us to be, and we all work well together.  We would never have left you out of the loop if we were in charge; it’s possible you didn’t get it because nothing is final, yet.
    Mr. Elliott really needs to know that you are thinking of taking RS elsewhere.  I think he was blind-sided by the Pyramid wonks when they said he had to have a distribution deal in place before funding; that’s not usual with films, but perhaps with tv...don’t know.  Let’s see what happens in the next couple of days with ShadowHawk; they should resolve this.  Hopefully!
    Debora