'Desperate Housewives' Lawsuit: Mistrial Declared

 

LOS ANGELES — A judge declared a mistrial Monday in Nicollette Sheridan's ( Edie Britt ) wrongful termination trial after the jury deadlocked, leaving an unresolved finale to a trial that focused on the behind-the-scenes intrigue and personalities of TV's "Desperate Housewives."

Superior Court Judge Elizabeth Allen White excused the panel after it deadlocked 8-4 in favor of the claim by Sheridan.

Sheridan strolled out of the courthouse without speaking to reporters. Her attorney Mark Baute said he would retry the case.

Sheridan had been seeking roughly $6 million from her former employers.

Sheridan claimed her role as Edie Britt was eliminated because she complained that series creator Marc Cherry struck her in the head during a September 2008 on-set dispute.

ABC attorneys denied all wrongdoing and presented witnesses who said Cherry received permission from top studio and network officials to kill Britt four months before his dispute with Sheridan. The veteran TV writer was not in court during the mistrial declaration.

Cherry denied hitting the actress, claiming he tapped her on the head for artistic direction.

Baute, accused ABC's witnesses of lying and destroying evidence, said it was unclear when White's calendar would allow a retrial, but that they would be ready.

Sheridan sued Cherry in April 2010, claiming he hit her and later killed off her character after he was exonerated by an ABC human resources investigation.

By the show's fifth season, during which Britt was killed off, the show's producers were under pressure to cut costs, and Cherry said all storytelling options for Sheridan's character had been expended.

Cherry testified that co-stars were relieved when they learned Sheridan's role was being cut, and he accused the actress of arriving late and forgetting her lines. Baute noted that none of those allegations were ever documented.

During the trial, Baute said it didn't make sense that Sheridan's contract was renewed weeks after the decision to dump her character. The agreement guaranteed the actress would be paid for the entire season and get a full share of the series' profits.

Levin and defense witnesses frequently cited the death toll for characters in the show as evidence that Sheridan's role could be cut at any time. Many of the deaths involved minor characters.

"Desperate Housewives" is in its eighth and final season. Cherry is working on other projects, including a new show titled "Devious Maids," but Sheridan has struggled since leaving the series' Wisteria Lane. She has not found steady work or an agent in the past two years, her entertainment attorney told jurors.

ABC is owned by The Walt Disney Co.