Ex-’Twilight’ Prosecutor Tells Threats

The former prosecutor in the “Twilight Zone” manslaughter trial alleged in a memo released Wednesday that he was threatened and pressured by the current prosecutor to testify in support of a key witness.

Release of the memo from Gary Kesselman came at the same time that Deputy Dist. Atty. Lea D’Agostino was being reprimanded by the judge for withholding evidence from the defense on another crucial issue--whether a firefighter warned others on the ill-fated “Twilight Zone” movie set that massive explosions would “blow the helicopter out of the sky.”

The new dispute brought motions from the defense to have D’Agostino cited for misconduct, and the judge agreed to call back a previous witness in an effort to repair the damage.

Superior Court Judge Roger Boren suggested that D’Agostino had purposely avoided questioning a fire inspector earlier this week about alleged warnings and a written memo from a colleague saying that special effects explosives might cause a helicopter crash.

Actor Vic Morrow and two children were killed in such a crash July 23, 1982, on the “Twilight Zone” movie set 35 miles northwest of Los Angeles. Director John Landis, pilot Dorcey Wingo, associate producer George Folsey, production manager Dan Allingham and special effects coordinator Paul Stewart are charged with involuntary manslaughter.

“There were opportunities to bring out some of these matters,” Boren said. “That suggests to the court maybe counsel (D’Agostino) was less than candid, and I hope we will not have a recurrence.”

Jurors were sent home until Monday, and the judge said he would hold a hearing on the matter this afternoon outside their presence. He ordered Inspector De Witt Morgan to return for questioning about the alleged warnings.

Meanwhile, Kesselman’s harsh memorandum contradicted D’Agostino’s earlier statements that the former prosecutor had never been subjected to threats.

Kesselman, writing to Chief Deputy Dist. Atty. Gilbert Garcetti, criticized his office’s handling of the dispute that focuses on Kesselman’s credibility.

“Frankly, Mr. Garcetti, I am, to say the least, deeply saddened by the manner in which the office has proceeded in this matter,” Kesselman’s memo said.

He said he told Garcetti last month that D’Agostino was using pressure tactics to elicit Kesselman’s support for the credibility of a key defense witness, Donna Schuman. Kesselman ultimately contradicted her under oath.

“On Sept. 6, 1986, I informed you that certain statements had been made to me by D’Agostino which I considered to be both threats and an attempt to pressure me into testifying in a manner so as to support witness Donna Schuman’s testimony,” Kesselman’s memo said.

He added that Garcetti had subsequently ordered him not to talk to the media or any member of the public about the matter. Garcetti has denied giving such an order.

Kesselman said he has followed all such orders and would continue to do so but demanded that “efforts to smear me and impugn my integrity will cease and desist.”

He was replying to allegations from still another deputy district attorney, Harvey Giss, who claimed earlier this week that Kesselman discussed with him withholding the names of potential witnesses from the defense. Kesselman denied discussing this with Giss.

The second dispute that erupted Wednesday was fueled by the testimony of retired firefighter Richard Ebentheuer, who previewed part of his testimony with jurors absent.

D’Agostino had told the defense he would speak of his warning that “the explosives would blow the helicopter out of the sky,” but she never mentioned a written memo.

“I felt certain that the explosion to come would put the helicopter on the ground,” said Ebentheuer, who recalled later writing a memo on the matter.

He said Morgan discouraged making such a memo public.

“He stated to me he felt my report should not be let out,” the witness said.

Morgan concluded four days on the witness stand Tuesday without being asked about the matter.

Earlier in the day, the judge issued a partial publicity gag order that prevented attorneys from commenting outside court on the latest developments. Boren didn’t announce it publicly, but all defense attorneys and the prosecutor said they had been ordered to make no further comments on any evidence that has not been presented to the jury.