I have not spoken to you since you successfully blocked our film, Don’s Plum, from being seen by the audience for whom it was intended. You might be the only actor in the history of American cinema who has publically and unapologetically shamed his director and then went on to destroy his work. And we just might be the only living filmmakers in America to have their film banned in the USA and Canada.

This letter is about so much more than just a movie. It’s about bullying, censorship, and abuse of power. You and Tobey Maguire spat in the face of independent film and the community that helped get you where you are today. You are not bigger than art, Leo. You are not bigger than the films in which you act.

In a single night in 1996, you made a series of hasty and wildly irrational decisions that hurt a lot of people. By abruptly cutting off all communication with me and RD Robb, you cut off your access to the truth. Had you just taken time to listen to reason, you would have found that Tobey Maguire was using you for his own mysterious purposes. Had you actually taken the time to look at the facts, and not just listened to Tobey, you would have continued to support Don’s Plum. But instead you allowed yourself to get swept up in a witch hunt that destroyed art and careers.

After 18 years, I can no longer remain silent. I can no longer allow the defamation and lies that you perpetrated against Don’s Plum to scar the great work of the artists who created it. I’m not afraid of you or your lawyers anymore. I have endured enough. I’m going to speak with the freedom that our Constitution affords me. I’m going to stand up for our film and for every one of the people who helped make it.

I’m writing you this open letter because I want nothing lost in translation. I’m going to set the record straight, and an open letter is the closest I could come to saying it face to face.

I don’t know you anymore, Leo, but I hope that you’ve learned a little bit about film preservation and your responsibility to protect and contribute to the ongoing experiment of filmmaking. You said some very inspired things about independent film in your interviews with Charlie Rose. Watching you speak as if you never blocked a film, or a filmmaker’s first chance, was distressing and appalling. You’re going to have to make some difficult decisions after this letter. My hope is that you will recognize this as an opportunity to do things differently - to do them right.

While I’m on the topic of interviews, you did one in Detour Magazine back in November of 1996. Printed just a few weeks after the infamous night at Kevin Connolly’s, it was the perfect snapshot of your issues surrounding Don’s Plum. I’m going to address your statements, and support some of the things I have to say using Tobey’s sworn testimony from his deposition in Stutman v. DiCaprio. I’m sure you can get a copy of the deposition if you would like to verify that what I am writing is accurate and in proper context.

Printed in DETOUR MAGAZINE, November 1996

DENNIS COOPER: It’s amazing to me, what with all the rumours about you, that you trust people at all. DICAPRIO: I don’t, really. Like I had a friend who I did a short film with recently who slandered me. I was trying to do a favor for him. His name is R.D.Robb. It’s scandalous. It was originally a short film, and then he tried to make it into a feature. I worked one night on it. He tried to make it into a feature. And I heard all this stuff about how he was going to pit the press against me if I didn’t go along with him and do the feature. I just did it as a favor, you know? And then all this stuff happens and you ask why. Why be nice if that’s going to happen?

OK… Let’s break this down.

“I had a friend who I did a short film with recently who slandered me. I was trying to do a favor for him. His name is R.D. Robb. It’s scandalous.”

You did Don’s Plum as a favor for all your friends, not RD alone. It seems to me that the only reason you would isolate RD with this fallacy is to maximize the amount of damage you could do to his name. And it worked.

RD has never “slandered” you in his life. You won’t find a quote anywhere. Not before or after you slandered him in this article. Show Business has always been RD’s life. You knew what making a statement like this could do to his career and reputation. What’s even more troubling is that you were reacting to accusations by Tobey against me and Jerry Meadors, not RD. Yet, you deliberately set out to defame him publically. That, my friend, is scandalous.

I hope you never know what it’s like to have a person with your power and influence attack your character. You have millions of fans and an almost ubiquitous influence in the business. I don’t think I have ever witnessed such an egregious misuse of fame. I hope one day you take responsibility for what you did to this talented man’s life.

“It was originally a short film, and then he tried to make it into a feature.”

Don’s Plum was never a short film, nor did anyone try and make it into a feature. That misunderstanding began when you chose The Saturday Night Club over Last Respects at your house in Los Feliz. Last Respects was a sub-30 page, short film script that you turned down because the script wasn’t strong enough. I remember your words clearly, “we can make Last Respects, but no one will ever see it.” Obviously no one wants to make a film that can’t be seen - that doesn’t make any sense - so Stutman pitched his Saturday Night Club concept. Saturday Night Club did not have a script. It was almost entirely improvisational in nature, which is why you all wanted make the film in the first place. Here is what Tobey had to say about it:

Q: Do you recall any reaction that you had to Mr. Stutman’s explanation of what the Saturday Night Club project was at Mr. DiCaprio’s - the meeting at Mr. DiCaprio’s house? TOBEY: I was definitely more hopeful about that idea compared to Last Respects. And I was interested to see what that - what our further discussions would be or where it would go. Q: Okay. Why were you more hopeful about the Saturday Night Club project than Last Respects? TOBEY: Why? I remember that I wasn’t - I wasn’t super comfortable with the script of Last Respects, and the idea of improv sounded like it could be fun and could be more of a group collaboration and contributing to it, which is sort of my idea of what we were supposed to be doing together and having fun and contributing rather than like the script and a director.

Without a script it is simply impossible to know or impose any length or running time until you actually get the footage in the can. Just think about it for a minute and you’ll realize this is true. That’s why, after the very first day of shooting, both RD and I told everyone else (you had left for NY by that point) that we thought we had enough footage to consider a feature. Here is Tobey’s memory about that point:

Q: Do you recall during the three-day shoot of Don’s Plum in July of ‘95 any discussion at all that you heard or were a part of where Don’s Plum was discussed as a feature? TOBEY: I did hear along with the feet of film that there was enough footage to cut something longer than a short, not - I don’t know, you know, what time they were talking about, but you know, we have enough to, you know, cut something longer than a - I don’t know. They could have said something beyond that, but maybe they said we have enough to cut something over 70 minutes, or - I don’t remember - 80 minutes, or I don’t remember, but something like that.

There is no such thing as a “longer than a short” film. It’s either a short, or a feature. Tobey knew the difference between the two. He was in an Academy Award nominated short in 1996. We called it by its only known name, a feature film, on the second day of shooting. Which makes Tobey’s very next response in his deposition a deliberate lie.

Q: Do you recall hearing anyone saying… that they wanted Don’s Plum to be a feature film? TOBEY: No.

We were transparent from the start. You gave us your blessing just days after wrapping the first shoot when we assured you we would make a cool little film or nothing at all. That is why, eight months after the initial shoot in ‘95, all of your close friends returned to shoot additional footage.

Q: When you showed up to shoot the second shoot in March of ‘96, did you have the understanding that Don’s Plum was going to be a feature film? TOBEY: Yeah. I don’t - I don’t know what - what “going to be” means. I was aware that they were cutting a version of the film that was longer than a short film. Q: Okay. When you showed up to shoot the scenes for the second shoot of Don’s Plum, were you aware that they, R.D., Dale, were cutting a version of the film that was of feature length? TOBEY: I don’t really - I wasn’t aware of how long exactly, and I’m not sure what exactly determines when a film is feature length, so I don’t know how to answer that, really. But I knew it was much longer than a short.

These answers demonstrate how ridiculous your accusations are. You and everyone else knew we were making a feature film. We hung out, along with all of our friends, numerous times over the eight months between shoots and while we were editing. Not only were we constantly talking about the film, but we were planning the next shoot. All that aside, if any one of the guys, including Tobey, hadn’t come back for the second shoot, we could not have completed Don’s Plum. The project would have died.

We talked openly about how we hoped Don’s Plum would be good enough to go on to festivals and, eventually, arthouse theatres throughout the US and Canada. In fact, Tobey would talk about his financial interests in Don’s Plum with some regularity.

Q: Did you ever tell Dale that you were going to screw Stutman out of all of his [profit] points on the film? Do you recall saying that to anybody? TOBEY: No. Although I do recall, you know, talking with somebody, maybe a combination of RD and Dale about profit points. When, I couldn’t tell you. And for me, it was in a kind of a joking tone, I would always ask them what were - not always, but you know, a couple of times or whatever, would ask them what their profit points were, and they were always trying kind of, “Oh, I don’t know what we have, and I don’t know what’s out there.” And I was, “Ah, come on, come on.” “Oh around 5, 7. I don’t know.” They’d always give me these answers. And then I’d say, “Well, you know? What’s up with that? Why do you guys have all these points?”

I tried to avoid these uncomfortable discussions because my deal with David Stutman (who owned the film) was none of his business. But Tobey would not leave it alone, as usual, and so I finally told him my number to shut him up. He’s insinuating shady behavior where there was none. We were not responsible for negotiating Tobey’s deals. I had committed to work on Don’s Plum for a minimum of one year and those points were my only compensation.

TOBEY: So those are the things that I remember about a discussion of profit points. And I would say - you know, talk about, you know, well, if this thing were to ever happen, you know, I would want tons and tons of stuff, you know? But it was always - it was not in like a serious manner to me because when those things were talked about seriously, my agent at least or my lawyer is talking about them. It was more a friend joking around.

Tobey Maguire, always the kidder.

I hope it’s becoming clear to you that it is absolute nonsense to characterize us as a bunch of evil filmmakers who fiendishly tried to turn a short piece of art into a longer piece of art. The film certainly evolved and we all evolved along with it.

Q: What did you mean by “If this thing were to ever happen?” And what did you mean by “tons and tons of stuff”? TOBEY: Well, first of all it was in a joking context. And if this thing were to ever happen, if you know - if Leonardo ever agreed for it to be released or - or any which way, you know? I was joking, even if it was cut as a short or a feature and there was any kind of sale, either as a short to Showtime or if there was some kind of thing as a feature after Leo agreed, then you know, I would want tons and tons of stuff, meaning, you know, I was going to - I was going to have my people, you know, get me whatever they could points-wise and especially comparable to Dale and RD, you know? And you know, as far as what I was saying, it was mostly in a joking context, although I was curious as to what their points were, and all that kind of stuff.

The issue of money was always on Tobey’s mind whenever we were together. I remember we were driving around in his old red toyota truck, just after seeing The City of Lost Children. He was nagging me about how much I would earn if Don’s Plum made 20 million dollars. I laughed it off, not believing for a second that our little film could fetch anywhere close to that kind of money. But Tobey knew better. He knew that, with you behind the film, my points could have been worth a tidy sum. His jaw nearly hit the floor when I told him I would earn 1.4 million.

Sadly, I believe he would be pleased to know that my entire compensation for Don’s Plum was a little over $180. I worked for thousands of hours on that film and thousands more trying to defend it from the both of you. It took six years from the first day of shooting before Don’s Plum finally premiered at The Berlin Film Festival. Don’s Plum was never about money for me, it was just the beginning of what I hoped would be a long journey in filmmaking.

“I worked one night on it.”

Yeah, well, you’re amazing. And I’m serious about that. I don’t think there is a living actor today that could have done what you did in Don’s Plum in a single night. You and the entire cast were sensational and you should be proud of the work. It was truly a magical night for everyone, both on and off camera.

Mike D’Angelo is a film critic whose written for Esquire magazine and thedissolve.com. He was also the Chief Film Critic for Time Out New York in 2001, when he called Don’s Plum the best film he saw at the Berlin Film Festival that year. Here are some lovely excerpts.

“This is the movie that Kids wanted so desperately to be… every moment feels utterly true… Robb cited Mike Leigh in the post-film Q&A, but his film is a lot closer to teenage Cassavetes… Superb ensemble work – DiCaprio hasn’t been this strong since This Boy’s Life, and his is among the least effective performances here” - Mike D’Angelo for Time Out New York

What Mr. D’Angelo didn’t know is that it was you who elevated every single one of us on that set. I loved you for what you did in Don’s Plum, but I hate what you did to it. You may have worked one night, but the rest of the artists and craftspeople worked thousands of nights combined to produce this little piece of art.

What a terrible waste.

“And I heard all this stuff about how he was going to pit the press against me if I didn’t go along with him and do the feature.”

This is the fallacy that destroyed everything. You heard all of this pitting the press “stuff” from one person: Tobey Maguire. And you foolishly believed him. You never heard my account of what happened with him the night before we all met at Kevin Connolly’s house, when I endured a 15 hour ordeal with Tobey. By the time I arrived at Connelly’s, I hadn’t slept for more than 30 hours trying desperately to save our film.

It all started when Tobey came over to RD’s place, at around 5 or 6pm, the night before Connolly’s, saying he wanted to make us something to eat and talk about Don’s Plum. He showed up with some macaroni and cheese and tofu wieners which was, in retrospect, an amazing statement in and of itself. He told us he had some concerns. “OK, fine,” we said, “let’s have a talk.”

TOBEY: I said, “There’s a lot of questions that I feel need to be answered. I feel like you guys have been like really cryptic and - and I just don’t know. I feel like there’s things going on that I don’t know about it. It just feels like you guys are really manipulative and cryptic constantly, and I just want to know what the hell is going on, and what’s up with this Variety article? You know, and maybe there’s some mumblings around some things going on, you know, nothing really solid at that point, but I just, I feel really uncomfortable, and I would like you guys to come clean and just let me in on what’s going on.”

His words, “nothing really solid at that point,” are quite revealing. He came to RD’s that night looking for trouble. After a couple of hours of listening to these vague insinuations and accusations, RD started to get agitated. It was understandable. Tobey was sitting in his house, feeding him Kraft Dinner and fake wieners, and rambling on in this accusatory tone. Everything he was saying always came back to that insignificant Variety article. It all became too much and finally RD barked, “What the f. do you want, Tobey!? Why are you here?”

I have never seen anyone lose his mind so suddenly. “I WANT DON’S PLUM TO BURN!!!” He screamed it over and over again until the veins popped out of his neck like thick cords, “I WANT DON’S PLUM TO BURN!!!.” My stomach immediately started wrenching. The palms of my hands broke out in a nervous sweat. Up until that moment, I was just kind of dealing with him as his normal menacing self whose always trying to take control of everything - but this was something else. My head was spinning. This guy really wanted to destroy our movie and I knew he had a lot of influence over you.

At that point in time, things were going brilliantly for Don’s Plum. The screening we did for you at MGM went extremely well, despite the tension surrounding the announcement in Variety. The most satisfying moment of that night happened after the screening, at the after party at the HMS Bounty on Wilshire. Kevin Connolly and Nikki Cox arrived with a bouquet of flowers, a card, and two giant smiles. They came straight to our table to give RD their gift. The card read, “Congratulations, you did it!” Four perfect words. It was very emotional for all of us. Then, Kevin told us that the two of you spoke. He said that you had done a “180 degree turn” on Don’s Plum. He said that you absolutely liked the film - he might have said “loved”. Of course it had its flaws, but the movie was undoubtedly a success.

Then, days after the screening, your agents at CAA told us to bring in a distribution deal. We flew to NY to screen the film for Miramax, among others, and they told us they were going to make an offer!

And this was before you were a star, Leo. There was no Romeo and Juliet, or Titanic. In fact, when this dispute over Don’s Plum began, you had only been “the star” of two movies that did a combined box office of about $2.8 million. Those films were Total Eclipse, and Basketball Diaries. Of course, you were an extremely important actor in the business, but most of the world hadn’t met you yet. Don’s Plum was selling on its own merits as an independent film. Miramax made us an offer of 1 million. Tri-Mark offered 1.5 million and we had interest from scores more, both domestic and international. RD signed with your agency, CAA, as a director. Sundance was calling. And Jersey Films wanted to talk about a multi-picture deal. It was an auspicious debut. And Tobey wanted to put a stop to it all because of “mumblings” and “uncomfortable” feelings.

RD and I spent the entire night trying to calm Tobey down. It was an emotional rollercoaster filled with hours of defending ourselves against a senseless attack. RD finally went to bed, completely drained. I stayed awake, literally trembling inside. I thought that if we spent more time together, Tobey would realize he was tripping out over nothing and he would start to feel better. We eventually went over to his place where we continued to talk until around 7am.

I said a lot of things to him about our plans and dreams. I talked about how much gratitude I felt toward you and everyone who worked on the film. I told him about how great Don’s Plum was going to be for all of our careers. I told him about some of the offers that were coming in for the film. I remember telling him that Harvey Weinstein called Don’s Plum “smart” filmmaking, hoping that dropping his name would give us a little credibility. It didn’t work.

Q: During that discussion with Mr. Wheatley that occurred after Mr. Robb went to bed and before you went to the AA meeting… do you recall discussing with Mr. Wheatley any potential distributors of Don’s Plum? TOBEY: I do feel like we did talk about that, actually, that they were talking to distributors. Or actually, that was part of what he [Dale] was saying was part of pitting the press, is he said, “Oh, people - “ that’s right. He said, “People know about this film. And people have already seen this film. People also meaning distributors or people who work in that kind of area know about this film, and it’s not going to look good, you know, if Leo doesn’t let it happen.” He was saying that was part of the angle of pitting the press against Leo. So in that sense, distributors were brought up.

Suggesting distributors can be used as an “angle” for pitting the press against an actor that is in the movie that they’re buying is delusional. Of course we let buyers have a look at the movie. That’s how you determine if there is any interest for the film in the marketplace. I wonder if Tobey told you any of the wonderful things I had to say about Don’s Plum that night.

I got emotional at one point describing this daydream I had, where I’m standing at a newsstand. You’re on the cover of a magazine with your friends, Tobey, Kev, RD and Bloom. The story is about how you guys came together to make Don’s Plum - about how you’re surrounded by incredibly talented friends, and how lucky you are to be in a position to introduce them to the world. That’s what Don’s Plum was all about. That’s why you did this favor for your friends in the first place. But Tobey just stared back at me with a condescending look on his face, completely unaffected.

Once my dreamy soliloquies were done, he went right back to pressing and grinding, and demanding, “I want to know the worst thing that ever happened with Don’s Plum!”

And with everything on the line… my relationships, my film, my dreams… all hanging on the edge of Tobey’s madness, he claims I said this:

TOBEY: Oh something I didn’t mention about the one - the meeting before, which also came up in this one (meeting at Kevin Connolly’s house) was about the Variety article. It being - what Dale told me is that it was a specific warning to Leo from Jerry Meadors that Jerry Meadors has a voice in the press, and that it wouldn’t look good for Leo to not allow this film to go out as a feature.

Tobey went on to describe the next night at Connolly’s house with a terribly inconsistent story. At first, I’m backing off of what I had “confessed” to him in private, and in the next moment, I’m committing career suicide with wild confessions of duplicity.

TOBEY: “It wouldn't - it wouldn't look good for Leo, you know, along with showing all the distributors, and they know that the film is in existence and now - now the industry knows because of the Variety article, along with all the tapes they were sending out and the screening. And - and - but he was still - he was saying about the stuff about pitting the press, he was like, you know - he was just kind of backing off of that, although he was still kind of saying the same thing, he was much more reluctant ‘cause with me, he just put it out on the table, and now he was kind of going, “Well, you know, that’s not how I meant it, and it was all Jerry Meadors and - “ or he said, “That was Jerry Meadors’ idea, although we knew about it.” And I said, “Yeah, but didn’t you tell me last night that that was Jerry Meadors - you know, the Variety article was Jerry Meadors saying, “Look, I have a voice in the press.” And he said “Yes. Yes, that was a warning, you know. Yes, there were some meetings talking about pitting the press against Leo.”

As you know, Kevin Connelly taped the entire night. I don’t believe for a second that the tape was stolen, although I do understand why you would want it to disappear. I would love to hear the sound bite of me confessing, in front of all of you, that we had meetings about pitting the press against you, and I’d like to hear the rest of the tape while we’re at it - that night was filled with senseless and vicious attacks on me and RD. We were led into that house to be put to shame, not to resolve any issues with our friends. We were there to be destroyed.

Q: You said things got pretty heated. Can you describe what you mean by that? TOBEY: Well, I got very emotional. I - with the feelings of betrayal and anger, you know, I felt really hurt and I felt really angry, and, you know, there was definitely like raising of voices and arguments, and, you know, I couldn’t tell you exactly what, but there was arguments between me and Dale and me and RD. And - and you know, I remember Leo was having a response to the pitting the press thing, and, you know, he was saying stuff about - in response to pitting the press, like you know, “Do you think I’m just going to stand back for that? You think I’m just going to let you guys bull me over and bully me around and manipulate and coerce? And it’s - you know, I’m not - do you think I’m just going to sit there for that? It’s like I feel so betrayed. You know, I feel so betrayed, and - and, you know, I’m not just going to sit - “ it was just emotional. It got emotional, you know.

It wasn’t emotional, Leo, it was cannibalistic. I remember Tobey screaming, inches from RD’s face, calling him a “whore” and a “success monger.” It was as if he was an expert in coercion and interrogation tactics. He had broken us down for hours until we were emotionally battered and sleep deprived. Then he started offering us a way out - all we had to do was confess.

TOBEY: I felt really betrayed, so - so most of my memory is with RD, I think. And I just remember him basically being really general and kept repeating throughout the evening about reaching for the stars and stepping on people’s toes, and I was just getting so frustrated. I was just like, “What does that mean, you know? That’s - what is that stuff? It’s just you know, tell us. Tell these guys what you guys were telling me. Be as honest as you were last night. This is like - you know, we’re all friends here, and this - this all can end, you know? Put a stop to this. Put a stop to this stuff. Just - just cop to it. Just take responsibility for your actions, you know? And maybe we can like, you know, figure out a way to like, you know, help you out of your mess or whatever, but you got to take responsibility.

You overreacted to a premature announcement in Variety. That’s why you fell for all of this madness. The offending article was a tiny, benign blurb of maybe 30 words that reported the completion of the film. Nothing more. I have scoured the internet and it’s the only article that I can’t find anywhere–because it’s meaningless. RD and I didn’t even know about the damn thing until it was too late to pull it. Proper friends would have easily worked through such a minor problem.

For over two years, we tried to reach out to you and get this thing sorted out properly but you refused to speak with us. Instead, you continued your campaign to destroy the film and those of us who made it. Finally, left with no other choice, David Stutman filed suit. It was all so ridiculous.

I understand why the Variety article pissed you off - it was a mistake. Tobey pounced on that mistake and drove you into a fit. And that’s why you defamed RD in Detour Magazine and began this horrible act against the film.

Q: Do you recall Mr. DiCaprio saying anything [at Kevin Connolly’s house] about Braveheart? TOBEY: I do - I do remember a mention of Braveheart. Q: What do you recall about that? TOBEY: I don’t remember exactly what he said, but it was in the same thing I was telling you about, like, you know, in response to pitting the press, he was saying like, you know, “You think I’m going to sit back like that? There’s just no way. You know, you guys aren’t going to bully me around and put articles in the press, you know. I’m not just going to stand for that, or I mean do you think I’m just going to like be bullied into releasing the film? And you know, I’m going to - “ Something, you know, along - in this context of like, you know, “ I’m not just going to be beat down, you know? I’m like Braveheart, “ or “I’m Braveheart,” or “I’m like Braveheart. I’m not just going to, you know, get screwed.”

Instead of overreacting to his accusations, all you had to do was pump the brakes a little bit. We were all young and excited, and vulnerable to errors. I personally would have loved for you to become more involved with the movie at that stage.

What you did instead was absolutely unthinkable. How do you take the work of others into your own hands and defile it? Imagine your performance as Billy being crushed because Jack Nicholson got into a quip with Martin Scorsese. It’s impossible. But that’s what happened to Kevin Connelly. He was amazing in Don’s Plum. And I truly believe Scott Bloom’s performance would have established him as leading man material had Don’s Plum been released in the US. Jenny Lewis’ performance was as strong as any other female lead you’ve worked with in your career - it was a discovery. Meadow Sisto, Amber Benson, Byron Thames, Stephanie Cambria–they were all fantastic. It was you who introduced us to Toledo Diamond and his incredible show. How could you destroy all of that work, all of that opportunity for so many people, in a single evening?

Why wouldn’t you take the time to qualify Tobey’s accusations before you acted? If you had talked to anyone about Jerry Meadors, Tobey’s claims would have been completely discredited. You would have learned that Jerry was an ally of yours very early in your career when he was a VP of Marketing at Paramount. Not only did he work alongside Cheryl Boone Isaacs to successfully lobby for your Oscar nomination for Gilbert Grape, but it was his suggestion to campaign the Academy in the first place. Jerry Meadors changed your life. You changed his too, when you sued him for making an independent film. Jerry is a kind, honest, and very wise man. I’m really lucky to call him a friend, and we were lucky to have him as a producer. Had you gotten to know him, none of this would have happened. You would have known that it’s not possible for that garbage, those threats, to come out of his mouth.

Tobey certainly didn’t feel very threatened or betrayed by Meadors. Even after ending our friendships over his “threats” to you, he and Jerry had lunch together. And I guess things were pretty relaxed too, because Tobey started “joking” around with him about having RD murdered.

Q: Did you ever tell Jerry Meadors that you were so upset with RD Robb that if you had connections to the mafia that you would have RD Killed? TOBEY: I don’t recall saying that. Q: OK. Is it your testimony that you did not say that? TOBEY: I don’t think - I don’t think I said exactly that. Q: Okay. You just used “exactly” in that answer. Could you tell me if you recall saying anything that in sum and substance was similar to that? TOBEY: First of all, are you talking about at any time to Jerry Meadors? Q: Yes. TOBEY: I couldn’t - I couldn’t tell you any - anything specifically, though I may have been–I may have been joking with Jerry and said something similar about like, you know, “Oh, sometimes I wished I had connections to the mob, or some joke like that.”

Like I said, always the kidder.

Clearly I must have said something to Tobey that helped him construct such an elaborate indictment against us. And I did. It was probably six in the morning at that point. I kept telling him that nothing bad happened with the movie, but he wouldn’t relent. He challenged my denial in a contrarian manner, saying something like, “Come on–don’t tell me nothing bad was ever said about Don’s Plum, or about Leo.” I thought maybe I could appease him, so I told him this: “The worst thing that ever happened, was that I said, if Leo is going to trample all over a perfectly good independent film, he won’t look good doing it.” Those were close to my exact words. And I believed them. But it was just my opinion, not a threat. And I was referring to the industry, not the press. There was no mention of Jerry, no secret meetings, no voices in the press.

Of course we worried about whether or not you would support the film. RD would agonize over the idea that you might not get behind Don’s Plum even if it was good, and that was what I said to make him feel better. I told Tobey that, too. But he took my statement and the Variety article (and the fact that it was Meadors who placed it) and some “mumblings” and went to work constructing his story right before my eyes. I’ve never seen anything like it before or since.

In my attempt to pacify him, I had created a monster. My words, distorted and used to threaten you, destroyed the work of dozens of artists and craftspeople and broke friendships that were years in the making. This is my hardship.

TOBEY: I remember - I think it was the night before the meeting at Kevin Connolly’s that I remember, and I went over to his apartment…” “…I don’t know what the - if there was a purpose going over there. I don’t know if it was set up some way, but we - I started asking questions. I started asking Dale and RD questions regarding Don’s Plum. I started asking - I - I told them that I felt - that I felt uncomfortable with them for the past however long it had been, a year or so since we were - since we first shot it or, you know, I don’t know exactly, but I told them I felt uncomfortable because I felt like they were - they were like producers. They were like producers more than friends. They were constantly like telling me how good I was in this movie and how like, you know, women really liked me in this movie, and I told them that I felt like kind of icky, and it felt manipulative on their part.

Tobey distorted my genuine compliments into an “icky manipulation” just as he distorted my words to RD into a threat against you. Now, after 18 long and very difficult years, not a single disparaging remark about you was ever uttered by me, Jerry, or RD in any press throughout the world. That evidence should speak for itself.

“I just did it as a favor, you know? And then all this stuff happens and you ask why. Why be nice if that’s going to happen?”

Appearing in Don’s Plum was the most generous favor you could have done for your friends. After all this time, despite being fraught with pain, for which I hold you partly responsible, I remain extremely grateful to you for that gift. I truly believe that Don’s Plum is a gem among low budget independent films, and it wouldn’t have happened without you. It is such a shame that your American and Canadian fans have been deprived of your wonderful work in the film.

This problem, and this letter, exists because of Tobey. He played you like a pawn. He pitted you against your own friends, and then hid behind you while you trampled all over a perfectly good independent film.

Q: Why did you do the reshoots? TOBEY: Well, what’s it on me? You know, I’m totally in the bounds of what I - what my agreement is. It’s just to show up and have fun, and, you know, Leo has veto rights with you guys, and I completely respect that, and as soon as he vetoes it, I give him no shit about it. You know what I’m saying?

Doing your friends a favor wasn’t the mistake you made. I hope you realize that now. It’s not too late. #FreeDonsPlum

Yours Truly,

Dale Wheatley