In a report whose timing was perfect, the Tulsa World reported on July 4th, 1997 that Michael Camfield had filed suit in federal court in Oklahoma City claiming that the Oklahoma City Police Department illegally confiscated a copy of the movie "The Tin Drum" from his home. The suit alleged that Mr. Camfield's Constitutional rights were violated when police showed up at his home at 9:40 pm to confiscate a copy of the movie, a copy which he had rented from Blockbuster Video.

Mr. Camfield's suit also alleged that the disclosure of Camfield's name to police violates a portion of federal statute that relates to the wrongful disclosure and use of videotape rental or sales records. Also named in the suit were Oklahoma County District Attorney Bob Macy and other "unknown individuals".

When asked about the fact that the Oklahoma City Police Department had chosen to confiscate the movie from an employee of the American Civil Liberties Union, Camfield stated: "One of life's sweet ironies is that they chose my door."

The events that followed turned the Tin Drum Fiasco into one of the more expensive ironies for the taxpayers of Oklahoma County and one of the more expensive "lessons" for the Oklahoma City Police Department...

As the legal issues were being brought before the federal courts, the protests where shaping up locally. On July 9th, the Daily Oklahoman carried a news report titled "Norman Cafe to Show Banned Film". The report indicated that the "Tin Drum" would be featured in a three day run at Main Street CyberHall, in Norman, OK.

Norman is located in Cleveland County. The county's District Attorney Tim Kuykendall had reviewed the film and indicated that he would not prosecute people for watching or showing the film. He stated: "I don't foresee taking any action against anyone if it's shown this week. It's not a movie that I think appeals to a sexual interest."

The Oklahoman report went on to quote Bob Anderson, leader of OCAF as stating: "I think they're skating on thin ice. Although Judge Freeman is not in Cleveland County, he did interpret Oklahoma law."

On July 12th, the Tulsa World in an report titled "Tin Drum' Viewers Called Patriots by OU Professor" reported that Oklahoma University journalism professor Bill Loving had addressed the standing room only crowd at the initial showing of the "Tin Drum" in Norman, OK. Professor Loving was quoted as telling the attendees:

The First Amendment exists to protect unpopular and distasteful ideas."

"By being here, you are committing an act of moral and intellectual courage. You are patriots."

The report went on to detail that in spite of Oklahoma County District Attorney Bob Macy's vow to prosecute anyone in possession of the film that Tulsa County, District Attorney Bill LaFortune has joined with Cleveland County District Attorney Kuykendall and said he will not prosecute those who watch, possess or distribute the film. LaFortune described the film as offensive but not explicit or lewd. LaFortune's opinion was the subject of a second Tulsa World report on the same date, a report titled "DA Gives OK to Film in Tulsa". LaFortune was quoted as stating:

"Let's stop hard-core pornography. We should stop it everywhere we can. But I don't think movies like `The Tin Drum' are what we're looking for."

The interesting aspect of the radically varying views held by the Districts Attorney of Oklahoma's three most populace counties is that only one, Oklahoma County District Attorney Bob Macy seems to have difficulty understanding the 1st Amendment to the U.S. Constitution and applicable U.S. Supreme Court rulings.

The Tulsa World report also quoted OCAF's Bob Anderson as follows:

"The way I looked at it, it was clearly child pornography. And the way Judge Freeman looked at it, it was clearly child pornography. The judge made a ruling based on Oklahoma law. Isn't Tulsa in Oklahoma?"

The Tulsa World report also went on to quote Anderson's reaction to the fact that the "Tin Drum" had become a best seller owing to the fiasco in Oklahoma City:

People have told me we made that movie a best seller. But we can't ignore it. If we see something we think breaks the law, if we find child pornography, we're going to turn it in."

Hopefully in light of the lessons learned in The Tin Drum Fiasco, both Anderson and Oklahoma County District Attorney Bob Macy will in the future be able to determine what is and is not child pornography. I wouldn't bet on it, but one can hope!

By August of 1997 events were moving toward resolution in the courts, a location where they belonged originally before the Oklahoma City Police Department went off "half-cocked.

U.S. District Judge Ralph Thompson was assigned the various cases comprising the "Tin Drum Fiasco" and spent the better part of the next three months sorting out the various issues involved and would ultimately decide the various federal cases growing out of the fiasco. This would not occur however until numerous facts were discovered which would cast a very unfavorable light upon not only the Oklahoma City Police Department's handing of the fiasco but would also lay waste to most if not all claims by Oklahoma County District Attorney Bob Macy to having played only a minor role in the early stages of the case.

Macy's involvement came to light by way of a report in the Daily Oklahoman, dated 12/27/97. The report titled "Macy in 'Tin Drum' Loop, Motion Says -- Seized Film Lawsuit Amended" indicated that Macy as well as one of his assistant DA's were deeply involved in the seizure of the "Tin Drum". The following are extracts from that report:

The most recent characterization of Macy's role was filed in the lawsuit Dec. 12 as part of stipulations -- or admissions of facts -- to which the lawsuit parties agreed. ''Macy states that he was not personally involved in the decision process to remove the film from public access, but does state that he was informed there was a plan to do so prior to the time the defendant police officers went out to gather the tapes,'' the stipulation said.

However, a motion to amend the complaint against Macy, Oklahoma City and police officers claims Macy approved of the roundup. It was filed Dec. 17 as part of a class-action lawsuit by Michael Camfield, an American Civil Liberties Union member. The motion said that on the morning of June 25, police Maj. Bill Citty informed Macy about the procedure for removing the videos from public access. ''Citty stated that he asked if they 'should do something like take them off the shelves,' to which Macy's reply was, 'I guess ...' '' the motion said.

Macy said he recalled the conversation and his response, but it was not an approval to take the videos from stores and homes. He does not remember the exact date he talked with Citty, he said.

Macy told The Oklahoman he was not aware of police plans to remove the videos, and his only knowledge of the film controversy was from reading newspaper accounts. He had read that Bob Anderson, executive director of Oklahomans for Children and Families, was agitating for the film's removal from a public library, he said. ''While he (Citty) is over there on a totally different matter, he says something to me to the effect of, 'Are we going to need to take it off the shelves?' I responded, 'Probably something like that.' ''That (response) was not based upon any knowledge that I had of anything going on at all. When he mentioned 'The Tin Drum,' I recognized it because it had been in the paper and, you know, there was a possibility, eventually, that maybe we were going to have do something. ''I had no idea that there was even any investigation going on by the police department at that time,'' he said. ''It was just a casual comment on my part, not an approval.''

The motion also claims Macy had at least two conversations about the film with Patricia High, an assistant district attorney who advised the officers. It alleges Macy and High acted in concert to approve unconstitutional seizures. Gonzales said it was his understanding that High gave approval for officers to collect the tapes. She is alleged to have said no search warrants were needed unless citizens refused to cooperate. The motion seeks to add High as a defendant to the case. She is married to Britt High, an Oklahoma City police officer involved in collecting the videos.

Another new item from the proposed amended complaint includes excerpts from an electronic mail message sent to Citty by officer Gregory A. Taylor. ''Last night,'' the e-mail said, ''at the direction of the district attorney's office, Sgts. (Britt) High, (Se) Kim and (Matt) French traveled around the OKC area to round up all of the available copies of 'The Tin Drum.' ''The boys located and seized without incident a total of six movies. There is still one at-large at this time, but we will endeavor to find the remaining one as soon as possible. No expense will be spared. No stone will be left unturned.''

It is quite clear from the conflicting statements attributed to Macy in the extracts from the above report that Macy was attempting to evade responsibility for both himself and his office for approving the seizure of the tapes of the "Tin Drum". Equally fascinating is the absurdity of permitting an Assistant DA to advise her husband, an Oklahoma City Police officer involved in the seizures, on the need or lack there of for obtaining warrants prior to conducting the seizures.

One can only chuckle at the "devotion to duty" revealed by Officer Taylor in the reported e-mail communication:

''The boys located and seized without incident a total of six movies. There is still one at-large at this time, but we will endeavor to find the remaining one as soon as possible. No expense will be spared. No stone will be left unturned.''

One can reasonably speculate that if only the tax payers of Oklahoma City could count on Officer Taylor and his counterparts to exhibit such devotion to duty when investigating robberies, rapes and murders, Oklahoma City would be a much safer place in which to live.

The most revealing and troublesome aspect of this report is however the mutually exclusive claims made by District Attorney Bob Macy and representatives of the Oklahoma City Police Department. Clearly one or both parties are lying as to whether or not Macy or others in his office had knowledge of and approved the planned seizures by the Oklahoma City Police Department. Clearly both can not be telling the truth as they both make claims strongly at odds with each other.

So who was lying? You'll have to wait for Part 3 of The Tin Drum Fiasco to learn the answer. In the mean time, here's a hint.

On the same date, 12/27/97 the Daily Oklahoman in a report titled "Judge Rules Video Seizures Unconstitutional" revealed Judge Thompson's decision regarding the constitutionality of the seizure of the video tapes of the "Tin Drum".

In his ruling Judge Thompson stated:

''The court concludes that constitutional law requires that, before public officials take such action, they must first provide the interested parties an opportunity to present their contentions, evidence and legal arguments for consideration before a court. Such a requirement is, under the law, an essential procedural safeguard.''

In conjunction with this ruling, Judge Thompson ordered the City of Oklahoma City to return all confiscated copies of the video "Tin Drum" to their rightful owners. The judge did not at that time rule on the issue of whether the tapes were obscene or contained child pornography. That ruling would be handed down months later and reveal that the movie "Tin Drum" was neither child pornography or obscene.

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