Mr. Brody's involvement with Mr. Athas involved the post-production, sound design, sound editing, and some technical Avid picture editing for the HBO documetary Americanos: Latino Life in the United States, which was produced by Mr. Athas and his partner, the actor Edward James Olmos, through their company Olmos Productions. The film was directed by Mr. Athas' brother-in-law, Andrew Young, and his wife, Susan Todd. Mr. Brody's partner, noted sound editor, Wendy Hedin did the sound work for the film.
Mr. Brody and Ms. Hedin did not seek out the project, but rather were asked to do the project by HBO Post Production as it was a complicated multi-format finish, and Andrew Young had to leave for Alaska to shoot another film. Mr. Athas had neither the knowledge nor the experience to handle such a project, and despite all the slander that's occured in the last month, we haven't yet heard anyone dispute Mr. Brody's vast knowledge and experience in post-production. And anyone can also look up Ms. Hedin's major credits as a sound supervisor on imdb.
Mr. Athas' claims on Den 11 Time that he paid $50,000.00 for services he didn't receive are absurd. First of all, the funding for the film came from HBO. Does anyone really believe that if HBO paid Mr. Brody's company, Seven Twenty Film Corp $50,000.00 for services they didn't receive, that they would simply accept that and move on, paying another $50,000.00 to someone else as Mr. Athas suggests? Hardly. Second, payments were made in multiple installments over five months according to a payment schedule established at the start of the job. If Mr. Brody and Ms. Hedin weren't performing the work as Mr. Athas suggests, why did he continue to pay them? Why didn't he simply end the relationship and move on? And why do Mr. Brody's and Ms. Hedin's names appear in the credits of the film if Mr. Athas is telling the truth? Surely the producer of the film wouldn't put their names in the credits if he paid them $50,000.00 for work they never delivered as he claims.
Mr. Athas also claims that Ms. Hedin didn't perform the sound work for the film using as an excuse that she had a miscarriage. That's so absurd it's laughable. Perhaps Mr. Athas has forgotten that Ms. Hedin was forty-nine years old in 1999 and hardly in her childbearing years. Additionally some of her oldest and closest friends worked in post-production at HBO and were responsible for Ms. Hedin and Mr. Brody working on Americanos. I'd suggest that Mr. Athas come up with another story.
The fact is that it was Mr. Athas inexperience and incompetence that caused delay after delay, extending the project way beyond the time period that Mr. Brody and Ms. Hedin had committed to. And if Ms. Hedin was so incomptetent, why did Andy Young and Susan Todd ask her to do the sound for their Bronx Zoo Wild Congo Gorilla film in the middle of Americanos?
When it came to the point that Mr. Brody had to leave for LA for a prior commitment to a Showtime film, and Ms. Hedin had to leave to do the sound for You Can Count On Me, they had to leave the project before it was finished. But Mr. Athas had been notified at the outset of their other commitments, and he had more than sufficient notice.
On the advice of both their lawyers, and people at HBO, Mr. Brody asked Mr. Athas to sign the following release on August 30, 1999, which he did. Here is both a transcript, and a scan of the original document with Mr. Athas signature. It will be interesting to hear Mr. Athas' explanation for this in light of his current claims. Is he going to claim that Ms. Hedin held a gun to his head while Mr. Brody made him sign it?
And once again the yellow tabloid journalists at Den 11 Time did a fantastic job vetting their sources. The fact is that they don't care about the truth, and they'll be the next to have to explain their defamation and slander in a court of law.
The document signed by Nick Athas on August 30, 1999
August 30, 1999
By my signature below, I hereby certify and agree to the following:
1) All materials and elements belonging to Olmos Productions and the motion picture currently entitled "Americanos: Latino Life in The United States" has been returned by Seven Twenty Film Corp., Wendy Hedin, and Tod Scott Brody.
2) Seven Twenty Film Corp., Wendy Hedin, and Tod Scott Brody have fully and faithfully completed all services and responsibilities required of them with regard to the motion picture currently entitled "Americanos: Latino Life in The United States." No further services are required of them at this time, and should any further services be required in the future, they will be paid additionally for said services.
3) All Sound Effects supplied by Seven Twenty Film Corp., Wendy Hedin, and/or Tod Scott Brody are the property of the aforementioned parties, and are only licensed to Olmos Productions and HBO for use in the motion picture currently entitled "Americanos: Latino Life in The United States," and are not to be used for any other purpose whatsoever.
4) As of this date, all out of pocket costs advanced by Seven Twenty Film Corp., Wendy Hedin, and Tod Scott Brody have been reimbursed by Olmos Productions. Should any additional billing with regard to the motion picture currently entitled "Americanos: Latino Life in The United States arrive subsequent to the signing of this document, it is agreed that Olmos Productions, Edward James Olmos, or Nick Athas will make immediate reimbursement for said expenses.
Agreed to:
Nick Athas
August 30, 1999
Unfortunately, Mr, Athas did not reimburse us for further invoices which arrived, and we were hounded by other employees and vendors who had not been paid by Mr. Athas and Olmos Productions and who were looking to get paid. It was not until our attorney contacted HBO that the situation was resoved. Should Mr. Athas decide to tell further lies and dispute this, I have kept all the records and paperwork detailing all the unpaid invoices from editors, stock footage companies, and other vendors Mr. Athas didn't pay, and all of the correspondence with these individuals and companies, the unanswered requests to Mr. Athas to live up to his responsibilities, and finally the correspondence with HBO to correct the situation.
Click on the image below to see it full size.
