NEW YORK O'Donnell faces off in 'Rosie' court fight



Rosie O'Donnell is described in court as vindictive and stubborn.
COMBINED DISPATCHES
NEW YORK -- Even Rosie O'Donnell admits she yells a lot, can be rude and often acts like a bully.
But the question before the New York State Supreme Court is whether O'Donnell's behavior prompted her to destroy the magazine "Rosie," and in the process cost her publisher, Gruner + Jahr, millions of dollars.
Mutual suits
After Gruner + Jahr, a division of the German publishing giant Bertelsmann AG, filed a $100 million lawsuit against O'Donnell charging a breach of contract, the actress and former talk show host countersued for $125 million, claiming that she quit only when her editorial control was stripped. Both suits were filed late last year.
O'Donnell terminated the joint venture in September 2002, and the magazine published its final edition in December.
In a tightly packed courtroom in lower Manhattan Thursday, an attorney for Gruner + Jahr described O'Donnell as vindictive. He said she repeatedly tried to sabotage the monthly magazine, which sought to cultivate a family-friendly theme. At one point, said attorney Marty Hyman, O'Donnell suggested that Boy George, Mike Tyson or Madonna be placed on the magazine's cover.
"Rosie O'Donnell was difficult, stubborn, not open to discussion and known to hold a grudge," Hyman said. "She did not have the right to quit this joint venture when Gruner + Jahr refused to give in to her every demand."
In court, O'Donnell appeared relaxed. Outside, O'Donnell said it felt strange to be sitting in a court discussing her life and a magazine she helped create.
"Every person as successful as me has the reputation of being difficult, especially if you're a woman," she said. "I've worked for a lot of companies, and this one was the only one I had trouble with." O'Donnell is likely to testify sometime next week.
Another view
Offering an alternative picture of the entertainer, O'Donnell's attorney Lorna Schofield described a woman who often contributes to charities and is an outspoken advocate for children, adoption and fighting breast cancer. While acknowledging that O'Donnell, 42, is no "Mother Teresa," Schofield said actor has a warm, agreeable side as well.
Getting to the heart of O'Donnell's lawsuit, Schofield charged that Gruner + Jahr manipulated the magazine's financial statements and sales figures to avoid triggering a clause in O'Donnell's contract that would have allowed her to close the magazine.
"Gruner + Jahr inflated the circulation numbers so that Rosie would be unable to get out," Schofield said. "They wanted to use her name to sell magazines but not give her editorial control."
Both sides did agree that O'Donnell's clash with Gruner + Jahr peaked in July 2002 after the magazine's sales had dropped from its 2001 highs.
Boy George blamed
Gruner + Jahr blamed its falling out with O'Donnell in part on Boy George, the British pop star who allegedly urged her to shed the image of a saccharin talk-show queen for that of a caustic comedian and high-profile lesbian.
"She went to London, and Boy George tells her she is too suburban," Hyman said, citing a June 2002 e-mail that suggested the magazine tackle more controversial subjects.
O'Donnell appeared surprised at the mentioning of George. During a break in the trial, she said she found "it strange to hear my whole life would revolve around Boy George." The two have collaborated on the new Broadway musical "Taboo," which began previews earlier this week.