Trial testimony becomes testy

'You stole my possession,' Davis says to A&E lawyer during 'Flip This House' case

A federal breach of contract trial pitting local real estate investor Richard C. Davis against major television network A&E turned personal Thursday.

A&E's New York-based attorney Jeremy Feigelson worked to disprove Davis' claim that his Trademark Properties and the network verbally agreed to a 50-50 profit split from the reality series "Flip This House."

"The agreement we're talking about is an agreement in your mind?" Feigelson asked.

Davis calmly replied that it was "absolutely an agreement" he had with an A&E representative. Finally, after more than 10 hours of testimony spread over three days, he lost his patience.

Responding to one question, David raised his voice and said, "It's my possession. You stole it. ... You stole my possession."

By then Feigelson had pointed out that Davis attributed any discussion about the profit-sharing deal to himself and not to A&E representatives; that Davis' being credited as the show's creator held no monetary value, and that Davis never discussed how to handle advertising revenue from clients already doing business with A&E and not attributed directly to "Flip This House."

Judge C. Weston Houck several times told Feigelson to move on as he belabored questions Davis already had answered.

"Every time he says something you don't like, you move to strike," Houck said at one point. "Continue your cross-examination, and let's step it up a bit."

Feigelson asked why, in 300 e-mails exchanged with people affiliated with "Flip This House," Davis never mentioned the 50-50 revenue split, when in deposition he said he likes e-mails because of the trail they leave.

"I'm in real estate, and the buyer puts the deal in writing," Davis answered. Questioned again, he said, "In hindsight, that sounds really easy."

While on the stand Davis made several jurors chuckle as he shared his inexperience with the legal system.

"This is the first time I've sued. I don't know how this works," he said. "This is the last time. This is miserable."

His attorney, Frank Cisa, produced a certificate from The Writers Guild of America West naming Davis as writer of "Worst to First," the original name of "Flip This House."

Houck cautioned the jury that the document gives Davis no legal right in the same sense as a copyright on a product.

Cisa called his second and final witness, Trademark Properties Inc. investment coordinator Ginger Alexander, who was often featured on "Flip This House."

She testified that the firm's normal business took longer because of the series and that, overall, the company lost money creating episodes of the show because it still holds a few unsold properties.

Feigelson worked to undermine Alexander's accounting, because she did not track expenses as they were incurred. He also produced an e-mail to a third-party production company in which Alexander said she was "used to getting thrown under the bus by Richard."

She explained that sometimes Davis doesn't give his team warning about new projects until they're under way.

Feigelson asked if the lack of demand for the unsold properties could be attributed to a downturn in the real estate market and not "Flip This House."

Alexander said the market spoiled one sale, but she blamed the show for hindering the sale of a home originally listed at $1.8 million.

She said a rodent infestation at the home when Trademark Properties acquired it was exploited during the post-production process, even though the problem had been fixed.

"It's hard to sell a house after you show a bunch of rats running around," she said.

Reach Allyson Bird at abird@postandcourier.com or 937-5594.

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