Tobacco Documents Online

- N..Yer.r QID73B2018 1ntAopAes Q7yg6Cf%17 47inp 01056111 A67.di/M%• R19S644RW BanHmdan N1Bstl33s1 Ba.rvs 161717882121 O.Wr Qlm84a8B94 1V+shbp7ee R8713937I18 flnasta. OlY7Y31835 A/aM R89®838l1 • VIOEO MON770RING SERV7CES Qio.Y !38$BBL77S[ I4Mord QADA5i1889 byuOisQa 781815(i7Bx OFr1MERICA, L.R 25%b73ftf Aaad, Sin 312 B5YINs-Z-A71M3-- 1%q34A128 181034;Q78 Transcript DATE TIME STATION LOCATION PROGRAM • . August 22, 1996 5:30-6:00 PM WRTV-TV (ABV) Channel 6 Indianapolis WRTV News at 5:30 James Adams, co-anchor: And now to our top story this half hour. An Indianapolis jury is trying to decide a wrongful death lawsuit that may have national significance because it's over tobaeco. Sy Jenkins is at the City-County Building with a live report. 8y. Sy Jenkins reporting; James, it's the timing of this trial that's behind much of the attention that it's generating. With all the talk of increasing regulation of tobacco products, this was essentially a local case about product safety. With cigarettes, allegedly, the dangerous and defective consumer product. This is Yvonne Rogers second attempt to get a jury to hold the tobacco industry responsible for her husband's death. Rich Rogers had been a smoker for forty-five years when he died of lung cancer in 1987, leaving a wife and three minor children. His two sons, now teenagers, attended the closing arguments which attracted so many spectators and reporters that chairs had to be set up in the courtroom isles to accomodate them. -The Plaintiff's attorney, Warren Howell, told the jury that Rogers had tried repeatedly to quit smoking, but repeatedly had failed until a year before his death. Howell argued that there's no question that cigarettes are addictive and cause cancer. "If you're at Churchill Downs and hear hoof beats," he said, "you don't think zebras.', But attorneys for the nation's biggest tobacco companies disputed both points. Attorney David Harvey, representing Philip Morris, argued that Rich Rogers' cancer wasn't necessarily caused by smoking and he could have stopped smoking at any time, quote, "cigarettes do not rob people of their free will." After the case went to the jury, the attorneys for the tobacco companies wouldn't even take questions from reporters. Attorneys for the Rogers' family, also had AutrBlwppWddrVldaAlairu:~yS.riuwarwb4s.rmlmnrrear~...ys/srmmrh M1A0R37nx.r.8nsluxa~MkdiWY7wAMbleMlMn ~cra vlJecrscrettdhJ oracdo raaxr7And,Wa7r8cmwrrpwt m.x.a yawneurtV4SeK.n

VIDEO MONfTORING SERVICES OF AMERICA, INC • • little to say. Page: 2 Morris Klapper (Rogers Attorney): We're not going to be able to comment until the jury comes back. That is all I am really going to say. Unidentified reporter #1; Can you tell us the significance of this case, depending on the verdict? Klapper: I think it's obvious. I think we all know. Reporter #1: Could you explain it for us though? Rlapper: No, not right now. I can't. Reporter #2; Why not? Rlapper: When the case is over, I'll talk'to you guys. That's about it, thanks. Reporter #1: Well ... your partner ... Jenkins: As I said, this is the second trial of this case. The first trial, back in January and February of 1995, ended in a hung jury. That jury deliberated twenty-two hours over two days before giving up on reaching a unanimous vercict.' I'm Sy Jenkins at the City-County Buildig. Back to you, James. Adams: So Sy, have the tobacco companies pulled out their 'big guns' on this one? Are we seeing some high-priced attorneys down at the City-County Building? Jenkins: Well, I'm not sure how much the tobacco company is paying for their services but you sure do have a bunch of them, at least four or five, James. Right now, they're just not talking. They're waiting for the verdict to be over, and we'll be hearing from them. We did last time. # # # ** TOTFlL PRGE.06 **