Ness/Capone Script Acquisition – Relativity Media’s Bold Move

In the resurgence of mobster cinema, Relativity Media has made a strategic acquisition that challenges traditional narratives about one of America's most famous crime-fighting duos.

The company, led by Ryan Kavanaugh, has purchased the script "Ness/Capone," a 2010 Black List selection written by Grant Pierce Myers that promises to reframe the legendary Prohibition-era conflict between lawman Eliot Ness and gangster Al Capone.

Unlike Brian DePalma's iconic portrayal in "The Untouchables," which presented Ness as a virtuous family man reluctantly adopting aggressive tactics, Myers' screenplay depicts a dramatically different character. His Ness emerges as a young, publicity-seeking daredevil who thrived on confrontation with Chicago's criminal element.

The script portrays the 26-year-old Ness as someone who deliberately provoked Capone through bold public gestures, including parading seized bootlegging vehicles past the mobster's residence after personally inviting him to witness the display.

Production responsibilities will be shared among several companies, with Gotham Group, Hollywood Gang, and Virgin Produced executives all involved in bringing this revisionist history to the screen.

This acquisition positions Relativity Media within an increasingly competitive landscape for organized crime narratives. Warner Bros is simultaneously developing multiple gangster projects, including "Cicero," an origin story about Capone that has attracted interest from "Harry Potter" director David Yates, and "Gangster Squad," featuring Sean Penn as Los Angeles criminal Mickey Cohen facing off against law enforcement officers portrayed by Ryan Gosling and Josh Brolin.The saga of the legendary mob dynasty has taken several twists and turns, with John Gotti Jr. lending his cooperation by selling his rights and providing insight for the screenplay. Despite this, the project has faced numerous setbacks, starting with an unusual Manhattan press conference that included Gotti Jr., director Nick Cassavetes, and actor John Travolta portraying the elder Gotti. Lindsay Lohan made an appearance in the photo session, initially cast to play Victoria Gotti, but later switched to portray Kim Gotti, Gotti Jr.’s wife—just before her probation violation led to a 120-day jail sentence.

Adding to the chaos, Joe Pesci was announced as part of the cast, but Cassavetes withdrew from the project about a week later. The director claimed scheduling conflicts due to commitments for his film "Yellow," but many suspect deeper issues, as he was aware of his obligations at the time of the press event. Such excuses have been common in the industry when filmmakers back out for other reasons, often related to disinterest. The loss of Cassavetes’s involvement significantly undermined the film's credibility.

Meanwhile, footage surfaced of Gotti Jr. asserting that his father, despite admitted involvement in violent acts, was ultimately a respectable man—raising questions about how his participation might influence distribution and public perception, particularly among victims of the Gotti clan’s past crimes. This situation echoes the troubled history of another mob film project about Sammy “The Bull” Gravano, based on his memoir with Peter Maas. That project was derailed when Gravano admitted under oath to accepting a $250,000 advance from Fox’s publishing division and potentially earning up to $1 million if the film was produced. The controversy led to a lawsuit under the now-defunct Son of Sam law, involving Fox, HarperCollins, and ICM.

Securing genuine insights from criminal subjects remains a challenge, though there are notable exceptions. The classic film "Goodfellas" benefitted from Henry Hill’s cooperation, as Martin Scorsese and Nick Pileggi relied on his firsthand narration of events like the Lufthansa heist, after Hill agreed to cooperate to avoid prison and violence. Pileggi reflected that Hill’s willingness to testify under oath, risking his life, provided an authenticity that couldn’t be fabricated.

In contrast, Gotti Jr. claims to have retired from the mob after pleading guilty to racketeering and serving five years, though federal prosecutors attempted multiple trials, all ending in hung juries before backing off. The upcoming film "Gotti: Three Generations" reportedly has private funding to cover its $75 million budget, with international sales being handled at the Cannes Film Festival. While Gotti Jr. was compensated for selling his story and contributing to the script, he insists he has no creative control over the final product or casting decisions. He selected producer Marc Fiore, who shares his vision of portraying a factual relationship between father and son, emphasizing that the film aims to explore the dynamics of the Gotti family rather than glorify organized crime.

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