The university's lawyers told the panel of six women and six men
that Fawcett repeatedly described herself as the portrait's owner
before her death in 2009, and her dying wishes included that all her
artwork be given to the school.
O'Neal's lawyer said, however, that the university is relying on
witnesses who had animosity toward the Oscar-nominated actor and
evidence would show the disputed artwork was a gift to O'Neal from
Warhol.
Warhol created two portraits of Fawcett for a television special in
1980. They are currently separated by thousands of miles, with one
hanging in a museum at Fawcett's alma mater and the other on display
in O'Neal's beachside home.
David Beck, an attorney for the university, told jurors that O'Neal
took the disputed portrait from Fawcett's home after her death and
should have to give it to the school.
Beck noted that Fawcett had both portraits hanging in her
condominium when she died after a lengthy battle with cancer in June
2009.
"One of them was hanging in her living room and one at the entrance
to her bedroom on the day of her death," Beck said.
O'Neal's lawyer Marty Singer rejected the university's
characterization of O'Neal's actions, saying the actor had
permission to take the portrait from Fawcett's home.
O'Neal contends he introduced Warhol to Fawcett and requested that
he receive one of the artist's portraits of the model and "Charlie's
Angels" star.
Warhol gave Fawcett and O'Neal several pieces of art during his
lifetime, Singer said, including a napkin drawing that the actor
says the university should return to him.
"Apparently for this university, one iconic Warhol portrait is not
enough," Singer said.
Beck showed jurors Fawcett's living trust and told the panel that
the actress chose not to leave anything to O'Neal. There's evidence
that Fawcett described both of the portraits as her own, Beck said.
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"We are now told, since Farrah is now dead and can't speak for
herself, and Andy Warhol is dead and can't speak for himself, Mr.
O'Neal says that portrait was never Farrah's to begin with," Beck
said.
Warhol created the two portraits in 1980 from Polaroid pictures he
shot of Fawcett for a television special aired by "20/20". The two
portraits were slightly different and meant to be displayed
side-by-side, Beck said. He showed the jury a picture of Fawcett
with both images in the background, one which had her hair colored
in, the other one colorless except for her eyes and lips.
The university wants to make sure the portraits are available for
viewing by the public at its Blanton Museum of Art, Beck said.
Singer attacked the university's witnesses, saying the school was
relying on two people who dislike O'Neal — a former collaborator who
has sued the actor three times, and one of the actress's
ex-boyfriends.
Beck told jurors they could evaluate the credibility of all
witnesses and told the panel that he would present some of O'Neal's
entries from his journal. The actor didn't mention Warhol agreeing
to give him one of the portraits, the lawyer said.
O'Neal has said he intends to give the artwork to his son, Redmond.
Redmond O'Neal is the only son between the actor and Fawcett.
Redmond O'Neal, 28, who has accompanied his father to court
throughout jury selection and days of pretrial motions, will not be
able to sit in on the trial until after he testifies, Superior Court
Judge William MacLaughlin ruled Monday.
[Associated
Press; ANTHONY McCARTNEY]
Anthony McCartney can be
reached at
http://twitter.com/mccartneyAP.
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