A Kettle of Precious Fish

By the time I managed to locate Bert Leonard, all that was left of him fit into a small unit in a self-storage facility in Los Angeles that was hemmed in by concertina wire and a row of spindly palm trees.

– Susan Orlean

All that was left of him was not a storage unit.  That wasn’t all that was left of his life.  He had all of his children around him, and he got to understand that he was leaving us behind.  He didn’t die alone.

– Gina Leonard

1. I Wouldn’t Start From Here

It started with a question: who owns Route 66 and Naked City?  I thought finding the answer would be simple.  It wasn’t.

The question comes up because, last month, Shout Factory released all four seasons of Route 66, the Herbert B. Leonard-produced, Stirling Silliphant-created, filmed-all-over-the-United States, one hundred and sixteen-hour road movie that stands as a unique event in American television history.  That made Route 66 the first of Leonard’s television series to be completed on home video.

That’s complete with an asterisk, though, because one episode in the set (“A Fury Slinging Flame,” a significant anti-nuke treatise) is definitely missing about five minutes of footage, another (“Blue Murder”) is probably missing a few minutes, and all of the first fifteen episodes are derived from some badly mauled sixteen-millimeter prints that should never have passed a professional QC.  The reasons for these mastering failures remain murky (“murky” is a concept that we’ll be returning to often in this piece).  Route 66’s DVD history was a bumpy road, a trial-and-error process that fixed some mistakes and let others stand (I covered this in its early stages here), an unfinished mess that Shout Factory inherited from other companies (Roxbury Entertainment, producer, and Infinity Entertainment, distributor) without much of a track record in the TV-on-DVD business.

Personally, I’m in the half-full camp on this: seven-eighths of the episodes are in better than adequate shape, and I can finally throw out my VHS tapes of the last season.  (Plus, they sent me a freebie.)  But Brian Ward, the producer of the new Route 66 set, implied months ago in a forum post that the new box set of Route 66 would fix the video problems that afflicted the earlier releases.  Ward has an internet history of “truthiness,” of drumming up fans’ enthusiasm when Shout is getting something right and then bailing any time the chips are down, and when you reread what he wrote, it doesn’t make any concrete promises.  So technically Ward is off the hook.  But many of the small but vocal crowd who actually read these things felt duped, and launched a “cancel your pre-orders” campaign; as of this writing, about two-thirds of the Amazon reviews of the set focus exclusively on the image quality issues, or on the obnoxious fact that Shout has not disclosed whether it will release Season 4 (the only one new to DVD) separately.

I always suspect that these don’t-buy-it-movements are like the southern boycott of Bonanza (because of its stars’ pro-civil rights stance) in the sixties: complain in public but watch it with the shades pulled down.  It’s not as if fans have a better way of seeing the botched first season episodes – except, actually, they do.  Route 66 ran on Nick at Nite in the late eighties, from new video masters that were (for their time) gorgeous; copies of those circulate among fans, and they look vastly better than the copies of the first fifteen used in this DVD box.

Why couldn’t, or wouldn’t, Shout Factory (or its predecessors) access those tapes?  That’s what I wanted to find out.  I also wanted to know why the DVD releases of Route 66’s sister show, Naked City, sputtered out in 2006, with 78 of the 138 episodes unreleased (including all of the 39 segments from the inferior but still essential half-hour edition of the show, which predated the longer-running hour-long reboot by two years).

A lot of people (including, long ago, myself) have assumed that Sony owns both shows.  There’s a logic to that inference – Sony is the corporate successor to Screen Gems, which originally partnered with Herbert Leonard’s production company to produce the shows and then distributed them in syndication; and Sony’s logo appears on the back of the Naked City DVDs – but it’s wrong.  The real story is much more complicated.

2. Torment Him Much and Hold Him Long

Herbert B. Leonard got seven shows on the air between 1954 and 1960.  The first, The Adventures of Rin Tin Tin, was a big hit, and it gave the brash Leonard enough leeway to produce whatever he wanted, even though the executives at Screen Gems – who were theoretically his bosses – hated him from the outset.  Rin Tin Tin made Leonard a rich man, a comer not only in the television industry but also someone who could be taken seriously as a movie producer, too.

But Leonard spent his last decade without a home of his own, dependent upon the financial support of family and friends.  He got throat cancer, lost his larynx and his voice in 2003, and died in 2006.  It was a long, sad story that started when Naked City and Route 66 were canceled in 1963 and 1964.  Leonard had no shows on the air, no guaranteed income, and all the executives he’d defied and taunted in interviews had their knives out for him.  He pitched many pilots, some of them ambitious endeavors as Route 66 and Naked City had been (1973’s Nightside, with John Cassavetes, was written by Pete Hamill and directed by Richard Donner; 1978’s Sparrow was written by Larry Cohen and directed by John Barry), others kitsch like 1967’s The Perils of Pauline.  None became series.  He had a modest hit with Popi, a movie he produced in 1969 for United Artists; he made a few bucks on a sepia-tinted, recut version of Rin Tin Tin (Rin Tint Tint?) that he syndicated in the seventies; he got a couple of short-lived shows on the air in the early eighties.  But most of the second half of Leonard’s life was wasted creatively, a waste that is quite measurable for anyone who has had the rare opportunity to see the single film that Leonard directed.

Going Home (1971), a forgotten almost-masterpiece, was a father-son drama that Robert Mitchum agreed to make for scale, and that reunited a lot of Leonard’s Naked City and Route 66 collaborators – writer Larry Marcus, director of photography Fred Jackman, casting director Marion Dougherty, stunt coordinator Max Kleven.  Leonard talked about getting Haskell Wexler (a hot property after Medium Cool) to direct, then decided to do it himself; he struggled at first, but Mitchum backed him, helped him learn the new craft.  Problem was, Leonard made the film at MGM, whose president at that time was the notorious James T. Aubrey.   Aubrey liked to carve up movies in the editing room: Robert Altman, Blake Edwards, Sam Peckinpah, Jack Smight, and Bruce Geller, among others, all told the press that Aubrey trashed films they made for MGM during the early seventies, or sabotaged their distribution if their directors didn’t bend to his will.  Aubrey was also Bert Leonard’s old nemesis, the head of CBS during the Route 66 years, and when he chopped thirty minutes out of Going Home, and then barely released it, it may have been just out of spite.  What remains of the film is the creative bright spot in a forty-year twilight.  But after MGM dumped it, Leonard’s promising directing career was over.

Herbert B. Leonard in 1987 (at a Museum of Broadcasting event, a recording of which is an essential extra on Shout Factory’s Route 66 box set)

Bert Leonard could not live modestly.  He was, after all, a cigar-chomping mogul of the Hollywood variety.  He gambled, he womanized, he borrowed money to finance unmade films and drawn-out lawsuits.  There were four wives and six daughters.  The last of the wives, Betty Kennedy, was an ingenue in Ladies’ Man, a Leonard-produced workplace sitcom that ran on CBS for one shortened season in 1980-81.  “That was a real heartbreaker for Bert,” one of his friends told me.  Betty was thirty-some years younger than Leonard, and it was a volatile, on-again, off-again relationship; no one would go on the record about the specifics (and I could not reach Kennedy, now living in Reno, for comment), but I suspect that Leonard’s quasi-biographer, Susan Orlean, is being deliberately coy when she writes that Leonard “later described his relationship to her as an addiction.”

Until the end, Leonard kept trying to get properties he owned made or remade.  He became obsessed with River of Gold, a big-budget feature Rin Tin Tin story that Disney optioned briefly.  There were still people who wanted to work with Leonard, but he refused to compromise on any professional point in which he believed strongly, no matter what the consequences; he drove away potential collaborators and backers, even the ones who liked him personally.  Stanley Moger, who underwrote those tinted Rin Tin Tin intros to the tune of $800,000 and pulled the plug when Leonard ran over budget, called it a “habit for self-destructing.”

Leonard’s friends supported him.  The director Irvin Kershner, who was involved with River of Gold, loaned him $100,000 in living expenses.  The stuntman Max Kleven (he was Paul Burke’s double on Naked City) gave him $350,000 over the years, and put Leonard up at his ranch for a time.  James P. Tierney, who was Leonard’s lawyer for a while (put another asterisk on that; we’ll come back to it), fronted him “ten to twenty thousand a month for three or four years.”

Eventually, Leonard’s only assets were his TV shows.  He’d been shrewd enough to retain the copyrights – certainly not a given during the early days of television – but he couldn’t hold on to them.

3. Like This, It Means Father … Like This, Bitter … Like This, Tiger

On the website of the U.S. Copyright Office, you can pull up records documenting the path by which Naked City, Route 66, and the other Leonard shows changed hands over the last fifteen years.  The registrations are plentiful and complex.  I showed them to an intellectual property lawyer, who told me that to truly untangle the mess, you’d have to go down to D.C. and sift through the complete documents.

Most of those records point to, and were likely filed by, James Tierney, the attorney (with an asterisk) who represented some of Bert Leonard’s affairs toward the end.  According to Tierney, Leonard used the shows to settle his debts with Tierney, which eventually totaled $1.5 million.

“It’s a long story,” Tierney explained last month.  “He owned me money, and we came to an amicable accommodation about settling with me.  I always liked the show” – meaning Naked City, but including most or all of the others –  “and he wanted to sell it, and I bought it from him.”

Tierney was guarded when we first spoke, maybe because he didn’t know whether I knew about the paintings (and in fact I didn’t, yet).  The paintings were a Monet and a Picasso, among others, and according to Susan Orlean, Tierney conspired in 1992 to steal them from a client as part of an insurance scam.  He did time, and lost his law license.  (Tierney disputes this version of events, but refused to go into detail and quickly ended our conversation after I brought up Orlean’s book.  The California State Bar confirms that Tierney tendered his resignation with charges pending in 1999.)

You can understand how those allegations might color one’s assessment of a source, and yet I have to concede that Tierney sounded genuine in his affection for Leonard.  “He worked until the end,” Tierney said.  “He was always working on ideas.  He was an optimist.  He always thought that the next deal was right around the corner.”  Tierney also believed – and this is the only way that Bert Leonard could have hung in for so long, and borrowed so much dough from so many people – that Leonard was “a charming, talented guy, just a real nice guy.”

4. How Much a Pound Is Albatross

Tierney may have liked the shows, but like his old friend he parceled them off over time.  Route 66 went to Financo, a Dutch investment company, which sold it to Kirk Hallam, the would-be producer who wanted to remake the series as a feature film.  After the original DVD releases petered out, Hallam struck a deal with Shout Factory that gave the home video label “worldwide home entertainment and digital rights, and North American broadcast rights.”  (Route 66, Naked City, and Rin Tin Tin have all been in the lineups of these new nostalgia-oriented cable channels that have cropped up – MeTV, Antenna TV, I can’t keep track – so reruns are, after a long dry spell, once again a revenue source.)

As far as I can tell, Sony still controls two of Leonard’s lesser-known shows, Rescue 8 (Los Angeles firefighters) and Tallahassee 7000 (Walter Matthau as a Florida lawman); Leonard signed the rights over to Columbia Pictures Television in the late eighties.  I’ve never seen them but I’ve heard that both series have some of the same on-location verisimilitude as Route 66 and Naked City.  (There’s also a rumor that they were stymied in syndication because some of the prints could not be found.)  Financo appears to be stuck with Circus Boy, the one with Micky Dolenz and an elephant (anybody want to take that off their hands?).  And The Adventures of Rin Tin Tin . . . well, that one is too complicated to even get into here.

Naked City was the one show that Tierney held on to.  At the time Tierney acquired the copyright, Sony – then the show’s distributor, evidently subject to an earlier deal made by Leonard – was already releasing the series on DVD through Image Entertainment.  “Then Sony sold their rights to me,” Tierney says, “and I didn’t renew the agreement.”  Tierney claims that the Naked City DVDs were profitable – that even though Image spent “thousands of dollars” creating the gorgeous new video masters, the DVDs took in $600,000 of gross revenue and made an 80% profit.  Tierney ended the relationship with Image over a financial dispute, and because (like me) he was annoyed that Image cherry-picked the episodes with the most famous guest stars and refused to switch to a season-by-season release pattern.

But there’s a lede that I’ve buried here: In April of this year, Tierney sold Naked City to Image Entertainment, following the “amicable” resolution of a lawsuit he filed against the DVD distributor in 2011.  Although Tierney retains remake and sequel rights, Image “effectively owns the original programming,” in Tierney’s words, including all home video and digital rights.

But don’t get excited yet.  Last week, a rep for Image told me that the company (which was recently purchased by Robert L. Johnson, the founder of BET) has no immediate plans to release the series on disc.  That’s a real shame.  Although Image is not a major player in the classic TV realm, it has licensed a few key properties and turned them into elaborately-produced, well-reviewed disc releases.  The mind reels at the possibility of a complete Naked City box set, with audio commentaries and other extras, similar to the Thriller set Image released in 2010.  Or, better yet, a series of season-by-season Blu-rays, along the lines of Image’s most recent Twilight Zone upgrades.

5. The Man Who Bit a Diamond in Half

There are still things about the above that I don’t fully understand.  One is the extent of Sony’s interest in Naked City and Route 66.  Did Leonard always own the copyright to his shows outright, or did Screen Gems keep a piece of them?  Orlean writes that, by the eighties, Leonard owed Sony “a fortune” – but for what, exactly?  Last year Sony’s Vice President of Media Production told me that “both of those titles expired several years ago from the Sony Pictures Television copyright and have moved on to new copyright holders” (emphasis added) – meaning, in other words, that perhaps Sony did consider itself a rightsholder until recently? If so, what persuaded them to sell their piece to, frankly, non-entities? Corporate ownership is no guarantee of careful stewardship but, in this case, it seems a shame that Sony failed (or simply didn’t seek) to leverage partial or disputed ownership to consolidate the rights and elements under its umbrella.

Then there’s the question of Max Kleven.  According to Orlean, the former stuntman gained certain rights to Rin Tin Tin in a court-ordered settlement against Leonard, who couldn’t pay off his debts to Kleven any other way.  But Kleven told me that he owns more.  “All that stuff has been to court twice, and as far as the court is concerned I own control of Rin Tin Tin, Route 66, and the Bert Leonard portion of Naked City,” Kleven said in May.  Indeed, the Copyright Office has a 2005 purchase and assignment agreement in the name of TRG Management, LLC & Max Kleven that lists not only Rin Tin Tin but also all the Route 66 and Naked City episodes.  James Tierney points out that his own foreclosure on Naked City and Route 66, in 2000, predated any of Kleven’s claims against Leonard, and that the attorneys for Financo and Image checked the titles on the shows before closing the deals with him.  Kleven describes Tierney as a friend and a legal advisor.  Tierney politely disputes Kleven’s claims to ownership of any of the shows.

Did Bert Leonard give away the same shows twice?

6. Suppose I Said I Was the Queen of Spain

Finally, there’s the question of the film and video elements.  Did Bert Leonard keep any of them?  A copyright isn’t much good if it doesn’t come with a usable copy of what’s copyrighted.  In that storage shed, Susan Orlean found prints and tapes of Rin Tin Tin and some of Leonard’s other shows.  But Leonard’s daughter Gina, who was caring for her father when he died and ended up with the keys to the shed, says that no one has sourced any film or video elements from his estate.  Tierney told me that, for Naked City, Sony “was holding” all the elements, and “now they’re turning them over” – to Image, presumably.

But what about Route 66?  The question of elements was central to the bungled early DVDs of that show.  The first round derived from ragged sixteen-millimeters.  After the resulting outcry, the subsequent Infinity/Roxbury releases appeared to source thirty-five millimeter elements, albeit with aspect ratio and audio flaws that suggested the mastering was being done inexpertly.  Where did these transfers come from?  Kirk Hallam addressed the issue in an interview in which he stated that, following the inferior original release (some of which was sourced from “videotape”), the “fine-grain masters” were rounded up from “vaults all up and down the East Coast.”  (Whose vaults?)  The “original film stock” for the episodes resided in a Sony vault in Burbank, but “the archivists begged me not to use that original film.”

As I’ve written before, aspects of that explanation strike me as obfuscatory (or perhaps just confused about what the technical terms actually mean).  My own guess – and this is pure speculation, and I invite anyone with knowledge of the situation to set the record straight – has always been as follows: that Hallam acquired the copyright of Route 66 but no usable film elements; that Sony sought more than Roxbury or Infinity wanted to pay for access to either film prints or the old video masters that ran on Nick at Nite; that Roxbury used either collectors’ prints or some other unknown, second-rate source to create the first Route 66 DVD release; and that for the subsequent volumes Roxbury capitulated and forked over the money to use Sony’s elements.

A big question is why Shout Factory opted not to redo the first fifteen episodes.  Was it merely a matter of dollars and cents, or was there another reason why better elements were unavailable?  I can understand how new transfers of fifteen hours of film could bust the budget, but what about those Nick at Nite tapes, which were inarguably better than the first DVDs?  Were they tossed, or was Shout too cheap even to pay for access to them?

(Last week Shout Factory’s PR rep stopped responding to my requests for an interview with the producer of the Route 66 DVDs after I declined to submit questions in advance.)

7. The One Marked Hot Gives Cold

I never would’ve guessed that I’d get scooped digging around amid the depressing late-career business dealings of a down-and-out television producer.  But that’s essentially what happened last year when Susan Orlean – yes, the New Yorker essayist who was portrayed in the film Adaptation by Meryl Streep – published a book called Rin Tin Tin: The Life and the Legend.  Orlean was a big Rinty fan as a kid, and turned the unlikely subject into a book about the line of movie dogs and their eccentric owners and trainers.  Inevitably, when she came to Rinty’s TV years, Bert Leonard became a central protagonist in Orlean’s book; his epic rise and fall, his excesses and con-man’s charm, were irresistible.

But Orlean’s book also has a bit of a truthiness problem.  Leonard Maltin has compiled a long list of its rudimentary errors in the area of film history.  There are mistakes regarding Herbert Leonard, too.  For instance, Leonard had two daughters with each of his last three wives; Orlean credits four to his third wife and two to Betty Kennedy, the last (and technically Leonard’s fourth and fifth wife, since they divorced, remarried, and divorced again).  That might sound trivial, except Orlean suggests that Leonard’s second marriage, to Willetta Leonard (who is credited as a producer on Route 66 and Naked City), ended due to the death of his only son, Steven, in a swimming pool accident in 1955.  But Bert and Willetta went on to produce two more children before splitting up, a fact which confounds that bit of convenient armchair psychology.  Reading Rin Tin Tin: The Life and the Legend, I got the queasy sense that Orlean was arranging the facts to fit a narrative, instead of the other way around, and that her narrative required Bert Leonard to end up as pathetic and unfulfilled as possible.  Gina Leonard, one of Bert’s daughters, insists that Orlean has exaggerated the extent of Leonard’s destitution and unhappiness during his final years.  She told me last week that her siblings, mother, and other family members – many of whom had cooperated with and encouraged Orlean’s book – are united in their belief that it does not do justice to Herbert Leonard.

(I should add that while I have used Orlean’s research as a guide for parts of this piece, I have made extensive efforts to fact-check everything sourced from her book with the parties involved – most of whom were clearly reluctant to revisit the topic.)

8. A Horse Has a Big Head – Let Him Worry!

I first saw Route 66 when I was in college.  One of my instructors, Katie Mills, was doing a dissertation on road movies and gave me tapes of a dozen or so episodes.  I confess: I didn’t get it.  The copies were so murky that I couldn’t appreciate the vintage location footage, and so I responded more to the flaws.  The guest stars were good, but the lead actors were either stiff or goofy (this was a problem with Naked City, too).  And why were there so many fistfights?

Well, now I know better.  Now I’m convinced, in fact, that Route 66 and Naked City may be the most important American television project of the sixties.  Maybe not the all-time, scene-for-scene, best television shows of that era, but definitely the ones I come back to most often when I want to know what people felt then, and how their lives actually looked.

The significance of the Bert Leonard-Stirling Silliphant shows makes the state of preservation and research on them all the more alarming.  The elements themselves are in uncertain hands.  (Who has the negatives?  I can only hope they’re stored safely in Sony’s vaults.)  James Rosin has published mostly unsatisfactory books on each, and I know of at least one writer each who has abandoned a book project on Route 66 and Naked City.  I’ve written around the shows myself – Naked City bit players; Route 66 locations – and I’ve skimmed Leonard’s and Silliphant’s papers at UCLA, but I haven’t done anything in depth.  Sam Manners, the production manager on both shows (how did he manage that?!) and probably the last prominent crew member from either, died while I was researching this piece, and before I could interview him.

Route 66 ended on a weak note, a stillborn, two-part farce.  (Silliphant, like Rod Serling, was not much of a comedy writer.)  But there’s a satisfying final scene: Tod (Martin Milner) and Linc (Glenn Corbett) go their separate ways, the former settling down to marriage, the latter ostensibly headed “home” but, perhaps, continuing to wander alone. I like to think he’s still driving around out there someplace.  The title of the episode is

Where There’s a Will, There’s a Way

Correction (6/13/12): The original version of this piece described the plot of Route 66‘s final episode inaccurately.  Update (5/6/13): Since I published this, Shout Factory has issued a separate release of Route 66‘s fourth season, and Madacy (a subsidiary of Image Entertainment) has released two volumes of Naked City DVDs.  Most of the episodes are recycled from the earlier sets, but there are ten new-to-home video episodes.  And a belated update (4/26/15): Image did in fact release the complete Naked City in late 2013 and, as I sort-of predicted above, the new-to-DVD episodes (including all of the first season) were represented in video transfers of markedly poorer quality than the 60 that had been remastered for the original round of DVDs.  Better than nothing, I suppose. (Lightly revised 9/27/2022.)