In a defamation trial against CNN, the plaintiff alleges that the network fabricated a crucial phone call for the purpose of theatrical effect.
CNN correspondent Alex Marquardt maintains that he did indeed call Zachary Young.
In the ongoing defamation trial involving CNN, the plaintiff accused CNN correspondent Alex Marquardt of fabricating a phone call with him for the purpose of entertainment, but the reporter maintains that the call was genuine and only reenacted for television.
CNN accused Zachary Young of profiting off desperate people trying to flee Afghanistan after the Biden administration's military withdrawal, suggesting he was involved in "black market" dealings that damaged his professional reputation, in a November 2021 report that aired on "The Lead with Jake Tapper."
CNN correspondent Alex Marquardt stated on-air that he made a call to Young during the televised trial segment. However, Young maintains that he never received the call, and screenshots from his Signal account support this claim.
On Monday, Marquardt testified that he called the number he thought belonged to Young, who the jurors believe could aid in determining the outcome of the trial.
Vel Freedman, Young's lead counsel, presented footage of Marquardt using Signal to make a call to Zachary Young, but nobody answered.
Freedman asked, "Do you ensure that the cameraman can see Zachary Young, the contact, clearly?"
Marquardt replied, "Yes, you can see his Austrian phone number clearly."
"Is that an Austrian number you see there?" Freedman asked.
Marquardt replied, "That's the one Katie Bo Lillis was texting him on."
Marquardt assured Freedman that the number he couldn't see was the same number that was in his phone.
Freedman inquired, "Is the display indicating that you are calling Zachary Young?"
"That’s right," Marquardt said.
The CNN correspondent was reminded by Freedman of the oath he had taken to tell the truth.
Did Freedman ask if the phone number saved under Zachary Young's name was actually Mr. Young's phone number or just a friend's?
According to Marquardt, the number he believed to be Mr. Young's was the one he obtained from Katie Bo Lillis, as she had been texting with him on that number.
Marquardt and Young's phone images were displayed to the jury by Freedman, with a focus on the location of missed calls between them as shown by Signal. However, neither of their Signal accounts indicated any phone calls between them.
Freedman said, "The signal displays call messages in its chat history."
"It does, yes," Marquardt responded.
The conversation between Marquardt and Young began on November 10, 2021, while the phone call was claimed to have taken place on November 3, 2021.
Is there no missed call in Mr. Young's chat history, Freedman asked?
Marquardt answered, "I don’t see it there."
Is there no outgoing call in your message history with Mr. Young, Freedman inquired?
"That’s correct," Marquardt said.
Did Zachary Young get rescued under that phone number? Freedman inquired.
Marquardt confirmed that the number was the same as the one given to him by Katie Bo Lillis, which he had been using.
A producer instructed Marquardt to step back for the camera while Freedman displayed footage of him making the call to the jury.
Marquardt admitted that he let the phone ring "quite a few times" before hanging up because nobody answered. He also admitted that a cameraman instructed him to hold the phone and pretend to be listening.
Freedman asked, "Are you pretending to call Mr. Young?"
Marquardt stated, "At the time, I was unaware of what I was doing and it appears I was making a phone call."
Marquardt admitted no ringing could be heard on the video.
After pausing the video, Freedman inquired, "Were you pretending to call him?"
"I don’t know," Marquardt said.
Did Freedman inquire if he was prepared to confess that he was "feigning" to contact Young after the video failed to display any ringing and Signal did not indicate a missed call?
"I was holding my phone as if I was making a call after having made a call. What you're getting at is very basic TV production," Marquardt said. "We will get shots that we want to edit into the piece."
Freedman hinted at something coming up on the video by saying, "Theater, right."
"This is very standard practice," Marquardt said.
Freedman stated that the standard practice of a fake phone call being included in the final production video is correct.
Marquardt stated that he made a call to Mr. Young that day, which he regrets not being answered, as he wished to understand Mr. Young's actions.
"You called someone named Zachary Young, and that's all I saw," Freedman responded.
Marquardt stated that he used the phone number provided by his colleague who had been texting with Mr. Young. He believed that the phone number belonged to Mr. Young because his colleague had successfully texted with him.
"A week later, I used the same phone number to text him, and he responded. At the time, I believed it was his phone number. I tried calling him, but he didn't pick up the phone."
Marquardt stated that the video being shown to the jury was a "pickup shot" and would be edited into the final story.
"This is very standard production," Marquardt said.
Did Freedman confirm that the shot of you pretending to call Mr. Young would be included in the final segment?
"Yes," Marquardt said.
"Is it accurate that the theater will be included in the final segment?" Freedman inquired.
"No, that shot did," Marquardt answered.
Marquardt was seen waving his hands and saying "theater" in an exaggerated British accent to his CNN colleagues during the resumed behind-the-scenes video.
Did you confirm that the theater is included in the final shot, Sir?
"The phone call did," Marquardt responded.
""Did you manage to include 'theater' in the final shot?" Freedman asked."
Marquardt maintained that he "didn't fake" a phone call, which led Freedman to remind him that faking calls is a common practice in TV production.
Did the theater end up in the final video segment, as Marquardt said it would? Freedman mimicked the way Marquardt said "theater" in the video.
"Yes, Marquardt said, 'The pickup shot did,' as Young smiled in the courtroom," as Young was seen cracking a rare smile.
Marquardt stated, "I understand that you're attempting to portray this as a scandal. However, I can clarify the situation."
Marquardt was reminded by Freedman that he had previously stated that "theater" was not used in the report.
Did you not lie to the jury, Freedman asked?
"I did not," Marquardt said.
Marquardt later claimed that his "theater" joke in the behind-the-scenes video was a reference to an old Jon Lovitz sketch on "Saturday Night Live."
The trial is being streamed live on Planet Chronicle Digital.
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