“I feel like our job as a group of documentarians trying to cover this very delicate issue was to do what we’re always trying to do, which is tell the truth. Let’s hear everybody out. And then let’s let the audience decide for themselves what’s true and what’s not true or what’s right and what’s wrong.”—“Cheer” director Greg Whitely (emphasis mine)
It’s funny reading a comment like that from a documentary filmmaker. One of my problems with that genre, specifically in the realm of criminal justice issues, is the tendency to take nuanced issues and present them as unvarnished truth. When the director’s eye turns its gaze toward what makes a story pop for the camera, concepts like the presumption of innocence become evanescent.
Netflix has been a pretty egregious offender when it comes to their mischaracterizations of individuals in service of a story. The last time the streaming service was covered at SJ it was over the accusations fabricated out of whole cloth by “When They See Us” director Ava DuVernay for her biopic on the Central Park Five. That misstep added a still-unresolved defamation suit to Reed Hasting’s woes.
Now the series “Cheer” might face a similar fate thanks to Jerry Harris.
Harris, 22 as of this writing, was arrested in September of 2020 by the FBI for allegedly soliciting and producing child pornography at his home in Naperville, Illinois. Denied bond in October of the same year for being an alleged danger to the community, Jerry’s been confined to Chicago’s Metropolitan Correctional Center ever since. Per a recent docket filing, Jerry’s next court date is scheduled for February 10, 2022.
How convenient is it, then, that Netflix released Season 2 of “Cheer,” the docuseries about two cheerleading squads in Texas that brought Jerry Harris to national fame, almost a month before this date? And how doubly convenient for the federal prosecutors involved that an entire episode is called “Jerry” and deals with the allegations against Harris?
When I say “deals,” I hope those of you reading this are smart enough to realize “Cheer’s” production staff didn’t mention Harris pleaded not guilty to all the charges, or even include a disclaimer that “parties are innocent until proven guilty in a court of law.” You know, like “Cops” used to do before the show got canceled? No, that would be too simple, too close to serving the actual truth.
No, Netflix and the producers of “Cheer” spent the majority of Season 2, Episode 5 throwing a young gay black man under the proverbial bus before he ever got a day in court.
The episode begins with a disclaimer that it features “graphic depictions of sexual abuse involving minors, which may be disturbing for some viewers,” along with the requisite web link to a resource if someone is offended by the show’s content.
We next hear of Jerry’s case as he does a perp walk for local Illinois TV news cameras, flanked by masked FBI agents. Allegations are mentioned from two thirteen-year-old twins that Harris solicited sex and illicit photos from them while Harris was 19.
“I was here in my room when I got the call about Jerry. And immediately my heart…my heart completely sank. I honestly thought I was living in a—in a bad dream. I literally could not—I could not wrap my head around any of that. I felt like someone died.”—“Cheer” star Gabi Butler, Season 2, Episode 5.
So we next get the hit job treatment from Jerry’s former teammates, Gabi Butler and LaDarius Marshall. One says the accusations felt like someone “died,” another says they simply “couldn’t be true.” At first.
“I felt like I just sunk, very deep…into a hole and cried…I called my mom and asked “How?”…He never said anything about this stuff to me…I was just like “how could I guide him away from this?”—“Cheer” star James Thomas, Season 2, Episode 5.
And the hits just keep on coming for Jerry Harris. What about Monica Aldama, the iconic coach at the head of the series? She was responsible for nurturing Jerry Harris through her time with him as part of the Navarro College cheer squad. Did she have anything redeeming to say about Jerry Harris?
If your answer was “Nope,” congratulations. You’re obviously a frequent reader here.
“I was at the stage of ‘Dancing With The Stars’ in dress rehearsal for our very first live show. The Executive Producer came up to me, showed me her phone, and asked if I had seen the headline in the news that day. It was like an out of body experience at the time. I couldn’t breathe…I did the show and I went back to my trailer and I didn’t even look at my phone because I was scared. I was in such a vulnerable position at the time with what I was going through and I couldn’t take the weight of what was going on…I just didn’t want to read it…We had a team meeting that night and it felt like a funeral.”—Monica Aldama, “Cheer,” Season 2, Episode 5.
So the next person we hear from is Sarah Klein, who’s billed as an “Attorney and Advocate For Victims of Sexual Abuse.” We later learn in the series Ms. Klein’s bona fides in this arena are that she was allegedly abused by Larry Nassar, the disgraced Michigan State doctor who once worked for the US Women’s Olympic Gymnastics team.
“You can fall in love with somebody on TV, people defending him…his closest friends saying he would never do this…you don’t know. You don’t know unless you are his victim, you don’t know, but coming forward as a survivor is extremely difficult. You put yourself out there to be judged and criticized, and called names, and shamed, and broken. And that’s why a lot of survivors never come forward.”—Sarah Klein, “Cheer,” Season 2, Episode 5.
We next hear from the “survivors,” Sam and Charlie, who’s last names aren’t mentioned because this would cross some boundary Greg Whiteley and the other producers apparently don’t feel comfortable approaching. Sam, Charlie and mother Kristen are given ample space to share their stories of Jerry and the antics he supposedly committed while 19.
At least Whiteley and Netflix were comfortable mentioning Sam and Charlie first sued Jerry Harris civilly over the alleged lewd exchanges before the FBI came knocking.
We also hear from Tricia Naldony and Marisa Kwiatkowski, the two investigative reporters from USA Today who broke the story of Harris’s alleged misconduct and how they felt it played into a bigger narrative about the role of sexual abuse in gymnastics and cheer competitions. Plenty of airtime is devoted to the text messages and criminal complaint filed against Jerry Harris.
The criminal complaint gets a focus, along with the judge who sentenced Harris to remain behind bars without bond as he’s a “danger to the community.”
You know who doesn’t get one iota of time to defend himself? Jerry Harris, who wisely declined to participate in the series this season. Hopefully on advice of counsel, he learned to keep his mouth shut no matter what “Cheer” or Netflix had to say about him.
That doesn’t change the fact “Cheer” probably damned him to the maximum possible sentence. At the very least, the popular show tainted the jury pool to where Harris’s counsel would be idiots if they didn’t ask in voir dire if prospective jurors have seen Season 2 of the Netflix show.
Our justice system relies on the presumption of innocence for the accused, especially those in federal court accused of crimes as horrendous as those Jerry Harris faces. No matter how “vulnerable” or “trying” the cast members of a Netflix series feel about an issue, Defendants in criminal cases of this nature are especially reliant on that presumption if they’re even to get a fair shake against the mighty resources of the federal government.
Yet Netflix, Greg Whiteley, and the cast of “Cheer” just threw a gay black man under the bus in search of better ratings and a favorable light in the #MeToo world.
As this is Black History Month, and society’s focus is on elevating black voices and black stories, I’ll close with this: Shame on Netflix for what the streaming giant did to damn Jerry Harris to a permanent second-class citizen status. Shame on Harris’s former colleagues at Navarro College, who could’ve stood by their peer and really proven they believed Black Lives Matter.
But most of all, shame on Monica Aldama, Jerry’s former coach, who took this whole debacle and made it about her. In a world full of people who could elevate black voices, Aldama could have stood up for her former pupil.
Instead, it was all about how tough Jerry’s problems made “Dancing With The Stars” for her.
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Remember that documentary makers retain the power to selectively quote.
And they could’ve selectively quoted Harris’s plea of not guilty. They didn’t.
We live in a world where the power to create the illusion of reality by the “poetic license” taken by docu-dramas. It’s like hearing testimony on direct without cross. It sounds great until it’s challenged, but once it’s on the tube in living color, it becomes a substitute for reality and people believe that they now know what actually happened rather than some fantasy version of it.
I think that everyone forgets that everything, and I mean everything, that appears on that rectangular screen in your lounge is first and foremost entertainment. People get paid for it because it sells.
Any relationship with the truth is at best, coincidental.
When your relationship with the truth interferes with basic principles of criminal justice–that’s when I have a problem.
Especially if it damns a young gay black man to permanent second class citizen status.
Netflix did not create this speech, as far as i know the creating production companies are not owned by netflix. If they are you did not establish the link in this article at least. (clicked for 10-15 minutes to find out)
I admit i am not a lawyer but i never read that this speech is not protected by 1A. Its mainly speech you dont like.
So we should shame a 3rd party platform for speech it doesnt create but you dont like.
Is it just me that find it absolutely hilarious that this follows on the post: Tuesday Talk*: Criticism v. Cancellation, A Limiting Principle?
1. You are correct in that “Netflix” didn’t technically create “Cheer.” As best I can tell, the show is a Netflix Original, which means they’ve either paid for the production or they’ve bought the content. So yes, Netflix did in a sense “create” the show.
2. Two things can be true at the same time. People can create speech, and that speech can be dead wrong with horrendous consequences, even if those consequences are unintentional.
3. This isn’t a First Amendment issue. As a judge often said around here, “Fucking focus.”
1. My main point was that you are blaming Netflix for airing this content while in the previous post it was wrong to blame spotify for airing Joe Rogan.
Spotify paid Joe Rogan 100 million to exclusively air his podcast. Netflix paid a unknown amount to exclusively air a show about Cheerleading in school. Yet it is wrong to blame spotify but right to blame netflix. I still dont see the difference, it is of course possible i am a moron.
2. 100% agree
3. The only reason included this was because i wasnt sure there was actually something in there that was contrary to 1A and wanted to hedge my bets. I am not a lawyer and i looked like an idiot there, that is the risk i take by playing with the smart kids.
I think you might’ve missed that I’m a different person than the proprietor of this establishment. Thanks for stopping by and hope you make lots of friends at reddit!
It’s such a fine line between blaming and coercing. But fifty bucks says Netflix doesn’t even notice this.
The way it works is that the production company pitches Netflix to do the show, which Netflix then finances, oversees and airs. Chris is criticizing what they’re doing, not demanding it be deplatformed. But thanks for conclusively proving you’re a moron.
Looks like the producers and stars of “Cheer” don’t have to worry about Jerry’s presumption of innocence anymore.
Former Cheer star Jerry Harris pleaded guilty on Thursday to charges in his federal child pornography case. He faces 5 to 50 years in federal prison. The 22-year-old, who initially pleaded not guilty, reached a plea deal with prosecutors.
Harris faced seven felony charges related to sexual misconduct and pleaded guilty to two of those counts: one count of receipt of child sexual abuse material and one count of traveling with the intent to engage in illicit sexual conduct. The New York Times reports those charges stem from two different incidents. Harris persuaded a 17-year-old to send him sexually explicit photos for money and also traveled to Florida “for the purpose of engaging in illicit sexual conduct” with a 15-year-old.
Lawyers for Harris say he wants to “take responsibility for his actions and publicly convey his remorse for the harm he has caused the victims.”
Harris was the breakout star of Cheer when the Netflix docuseries premiered in 2020. Before the reality show, he was well known in the cheerleading world. Prosecutors allege Harris used his fame to victimize young boys even after learning he was under investigation. According to a complaint obtained by the Chicago Tribune, he admitted to soliciting and receiving child pornography on Snapchat from “at least between 10 to 15 other individuals he knew were minors.”
Harris is accused of receiving and attempting to receive child pornography. He allegedly persuaded minors to engage in sexual contact. The alleged crimes involved victims in Florida, Illinois and Texas between 2017 and 2020.
Cheer returned for a second season last month — without Harris. The series addressed the allegations against their former teammate. Monica Aldama, the show’s figurehead coach, told the Times she can “barely talk about” the situation “without crying.”
Harris’s sentencing hearing is scheduled for June 28.
I guess all the folks on “Cheer” can continue throwing him under the proverbial bus with a clearer conscience now? Or should they hold their peace until after the sentencing?
Did the year of waiting in custody break Jerry? Or the fact that his former costars now condemn him? Who can say?
The presumption of innocence applies to criminal proceedings brought by the government. It does not apply to civil cases, to gymnastics, to documentaries, or to public opinion. Coaches do not have to wait for criminal proceedings to be completed before taking steps to protect their students.
The presumption of innocence is a principle that’s embodied in law. There’s a civil corollary, that the initial burden of proof is on the plaintiff to prove the cause of action. As a concept, it applies to every accusation if you grasp the concept. But not everyone has the capacity or interest to grasp principles. You’re not alone in your failure.
This is just par for a American culture taken over by feminists Vicrtimology mentality where sex is vilified at every opportunity and mass media gets to pretend that this cancel culture is somehow a universal collective belief.
Any and all age of consent news stories are no different from China and North Korean show trials -dog and pony shows where the guilty verdict is guaranteed from the start.