Deconstructing Sammy

by Matt Birkbeck

  Since returning from Spain in 1997, Burt continued to pursue a variety of Sammy projects, and he met LaRoda twice a month at the Bel Air Hotel in 2005 to discuss possible opportunities to exploit Sammy’s name and legacy. According to LaRoda, Burt agreed to pay “licensing” fees to SDJE for the rights to four projects, including a photo book, a documentary, use of the 150 hours of taped interviews with Sammy for a CD set, and Sammy’s image for a Cadillac commercial.

  In March 2007, Burt’s book Photo by Sammy Davis Jr. was published. The critically praised collection of Sammy photos from the 1950s to 1980s received national attention, and Burt was interviewed on a variety of programs, including Good Morning America.

  Following the publication of the photo book, Burt and LaRoda entered into negotiations with film producers Craig Zadan and Neil Meron of Storyline Entertainment for a film biopic on Sammy’s life for New Line Pictures, based on Sammy’s book Yes I Can. But negotiations reached a standstill after Burt sought producer credits and $300,000 for himself and two friends, and LaRoda sought producer credits for himself and Altovise, and payment of $1 million.

  When Tracey Davis learned of the pending movie deal, she contacted Sammy’s old friend and former publicist David Steinberg. Steinberg intervened and reminded all parties that Sammy’s children still owned 25 percent of Yes I Can, and no movie optioning the rights to the book could move forward without their participation.

  Negotiations resumed, this time with the children involved, but once again they hit a wall. According to LaRoda, his attorney Londell McMillan, who also represented Altovise in the deal, made subsequent usual demands for bonus money and also requested that Altovise be hired to choreograph the film. Zadan and Meron, who produced the Oscar-winning Chicago, balked.

  With the movie deal quickly falling apart, Burt Boyar interceded in August 2007 and convinced Altovise to fire the LaRodas and McMillan. But Burt neglected to consider that Altovise had signed her rights to Sammy’s estate over to Sammy Davis Jr. Enterprises, and since LaRoda and Francis were her partners, they would remain part of any deal.

  Burt said he moved Altovise to a Beverly Hills apartment in the fall of 2007. He claimed that under LaRodas’ management, she led a sad existence in a cockroach-infested apartment. Burt said Altovise didn’t have a refrigerator and was forced to buy ice at a local 7-Eleven to keep her food cold. She was also penniless, he said, and collected cans and bottles from the street for the nickel return.

  LaRoda denied Burt’s assertions, saying Altovise had lived comfortably, but he did admit that since his “firing” in August 2007, relations with Altovise were estranged.

  During the summer of 2007, attempts were made to interview Altovise through LaRoda, who said she declined because she “didn’t want to revisit that part of her life.”

  Other attempts were made through Burt Boyar in August 2007 and November 2007, but he said she was “too fragile” to sit down for an interview. Burt later said that he was working on a book with Altovise about her life with Sammy.

  In January 2008, Burt and Altovise filed a federal lawsuit against LaRoda, Tony Francis, and the LaRoda Group, claiming they exaggerated their business credentials and duped her into signing away two-thirds of Sammy’s estate. LaRoda and Francis denied the claim.

  Watching all this with contempt was Tracey Davis.

  “Every time we get to a certain place, it all goes to pot,” said Tracey in November 2007. “Here we are, seventeen years after my dad died, and his estate is still being mismanaged into oblivion. It’s horrible.”

  Tracey never reconciled with Altovise. One meeting did take place in 2002, but it went badly after Tracey learned that Quincy Jones again optioned the rights to Yes I Can for a Broadway musical for an undisclosed amount. Tracey said the LaRoda Group sent $1,500 each to her and her brother Mark, whose check bounced. After ten years of options, Quincy never moved forward with the musical and the option finally expired.

  Tracey left California in 2004 and worked for Universal Studios in Orlando, Florida, before moving to Nashville, Tennessee, in 2005, where she continued her career as an advertising executive producer while raising her four children. Tracey returned to California in November 2007 and planned to file suit against Burt Boyar over his Photo by Sammy Davis Jr. book. Many of the pictures included in the book were of Tracey and her brothers, and Tracey claimed Burt infringed her rights by using her image without her permission. In addition, after scouring the book, Mark Davis made an interesting observation: the photos were from the vast collection discovered by Sonny Murray inside the Bekins warehouse in 1998. Burt claimed publicly that he found the photos, and included a blurb in the back of the book thanking Altovise for the use of the collection. Altovise did not receive any author credit or a copyright, and Tracey, upon learning of Altovise’s renewed tax problems, saw the book as nothing more than an effort by Burt, Altovise, and the LaRodas to deceive the IRS.

  Burt declined to comment on the photos, saying he “didn’t want to get Altovise in trouble.” But Burt argued that the pictures, once found, belonged to Altovise, since she—not his children—was the heir to Sammy’s residual estate. Burt also said he received a small, $15,000 advance for the book, which took him a year to complete with captions and stories.

  “It became a labor of love. Sammy made me. Writing Yes I Can became the biggest moment of my life,” said Burt, who also had harsh words for Sammy’s children, saying they were “only interested in money and not interested in furthering their father’s legacy. They’re horrible.”

  The tension between Sammy’s children, Altovise, and Burt Boyar eventually affected May Britt, who tried her best to remain above the fray but was pressured by Burt to convince her children to cooperate with the New Line film. May had finally married again. In 1993, three years after Sammy’s death, she wed Lennart Ringquist, a former entertainment executive. She has since lived a happy, quiet life near Los Angeles.

  Mark Davis has successfully remained in recovery from his addictions. He found a new love, works a full-time job at a warehouse, and is studying animation.

  Jeff Davis lives quietly near Palm Springs with his wife and mother-in-law.

  Manny Davis, who was adopted by Sammy and Altovise in 1988, has remained separated from the family and from Altovise. Manny served in the U.S. Army, and his whereabouts are unknown.

  Sy Marsh passed away in 2005. His son, Seth, said during an interview in November 2007 that his father remained bitter until his death over the loss of his home due to the investment in the fraudulent tax shelters, but that he always loved Sammy, even after their breakup, and they remained friends until Sammy’s death. He was eighty-six.

  Mort Viner, Dean Martin’s agent, died of a heart attack in 2003 while playing tennis. He was seventy-two.

  Altovise’s friend Donald Rumsfeld was appointed U.S. secretary of defense by President George W. Bush on January 20, 2001. One of the architects of Operation Iraqi Freedom in 2003, Rumsfeld resigned his post in December 2006.

  Vasilios “Bill” Choulos, the attorney who once represented Jack Ruby, died of emphysema in 2003. His son George, an attorney in San Francisco, denied his father ever had possession of Sammy’s glass eye. George also said that Joel David Kaplan, the man his father helped escape from a Mexican prison in 1971, was a CIA agent.

  Sam Giancana, the Chicago mob boss, was deported from Mexico in 1974. After returning to Chicago, he was shot and killed in his basement in June 1975, on the eve of his scheduled testimony before a U.S. Senate Intelligence Committee about his alleged role in a CIA plot to kill Cuban president Fidel Castro.

  Dino Meminger, Sammy’s “road son,” shot and wounded his estranged wife and killed a man accompanying her in Ithaca, New York, in January 2004 before turning the gun on himself. He was forty-seven.

  Murphy Bennett, Sammy’s longtime road manager, died of cancer in April 1993. He left behind five children, nine grandchildren, and a great-grandson.

  Fortunatas “Fip” Ricard, Sammy’s
trumpeter, died in May 1996. He was seventy-two.

  Joe Jackson, Sammy’s movie “stand-in” and record cataloger, lives in retirement in Los Angeles.

  Richard Ferko, the attorney hired by Altovise in 1990 continues to practice law in Los Angeles. He is still owed over $200,000 for his work representing Altovise.

  Brian Dellow, Sammy’s chief of security, eventually parted with Quincy Jones and currently serves as the security manager for a major West Coast business. He also oversaw security for the Jerry Lewis Telethon.

  Eliot Weisman is one of the nation’s premier concert promoters and talent managers. His clients include Liza Minnelli, Steve Lawrence, Eydie Gorme, Don Rickles, and Ben Vereen, among others.

  Shirley Rhodes underwent heart transplant surgery in the 1990s and lives in Los Angeles. During an interview in October 2007, Rhodes declined to discuss Sammy’s will or the insurance money she received after Sammy died. Rhodes asked over and over again why anyone would be interested in “dredging up” Sammy’s life.

  “Leave the man alone. He’s dead,” said Rhodes.

  Rhodes deferred all questions about the handling of Sammy’s estate to John Climaco, whom she described as a “great friend.”

  Following his release as coexecutor of the Sammy Davis Jr. estate in 1997, Climaco continued to be a power broker in Cleveland. His law firm served as counsel to several major projects there, including Jacobs Field, Gund Arena, and the Rock & Roll Hall of Fame and Museum.

  Climaco was also named lead or colead attorney in several major class-action federal lawsuits, including asbestos and tobacco litigation. In 2000, Climaco received the Ellis Island Medal of Honor, which is awarded to immigrants and their ancestors who have distinguished themselves for their outstanding contributions to America. Previous medal-winners include presidents George H. W. Bush, Bill Clinton, and Gerald Ford, several senators, congressmen, statesmen, and Nobel Prize winners.

  Climaco’s political reach extended far beyond Ohio. He was a fund-raiser for Democratic senator John Kerry’s failed presidential run in 2004.

  No charges or claims against Climaco or Rhodes were ever made in connection with their roles as coexecutors of the Sammy Davis Jr. estate or regarding Transamerican Entertainment, and they deny any wrongdoing or allegations of mismanagement. Climaco also said, during an interview in January 2008, that he never personally received any money from Transamerican Entertainment insurance policies.

  Calvin Douglas lives in the same home on the grounds of the Hillside Inn. He still hears from Altovise, who calls him once or twice a year.

  Albert “Sonny” Murray Jr. currently remains the owner and proprietor of the Hillside Inn. Sonny was never able to fulfill the wishes of Yves Piaget and bring Sammy’s family together. After he was dismissed by Altovise in 2001, Sonny contemplated filing suit against Altovise but didn’t, despite an unpaid legal bill that exceeded $800,000. Sonny turned his attention to producing films and writing screenplays. In 2006, he was appointed a federal mediator for the U.S. District Court in the Middle District of Pennsylvania.

  Sonny spent several difficult years keeping the Hillside Inn open. Despite efforts to diversify, the clientele remained mostly black and Sonny continued to offer discounts to church and youth groups from the New York, New Jersey, and Philadelphia area. But with each passing year the Hillside fell deeper into debt.

  Following the Judge’s death in 2005, Sonny put the Hillside up for sale while searching for alternative uses for the property. He began preliminary discussions with Wynton Marsalis to open a jazz camp in cooperation with New York’s Lincoln Center, and received a grant from the state of Pennsylvania to explore opening a charter school at the Hillside.

  After a decade of losses, the Hillside Inn was the beneficiary of resurgence in 2007 and enjoyed its best summer season in years. Visitors flocked each weekend like they did so many years before, and the unexpected revenues allowed Sonny to pay off a few bills.

  By January 2008, Sonny was readying to open the Hillside for its fifty-third year in operation.

  In May 2008, Sonny was yet again pressed into the controversy surrounding the Sammy Davis Jr. estate after receiving a call from Tracey Davis, who asked Sonny to review a copy of a trust formed by Sammy in March 1963. The long-lost document, found in December 2007 by May Britt, directed 70 percent of Sammy’s interest in any books, films, compositions, or other representation or portrayal based on his life to his children. It was signed by Sammy, his then-attorney Joe Borenstein, May Britt, and, as witnesses, Murphy Bennett and Shirley Rhodes. The discovery of the trust again led to questions surrounding Sammy’s estate and those around him, particularly Shirley Rhodes, who as a witness to the trust knew of its existence.

  Sonny, who never knew of the trust, reviewed it at Tracey’s request and believed it to be legal and binding. Sonny was also convinced that had he known of the trust years earlier, Altovise’s interest would have been minimal, while Sammy’s children would have had majority control of their father’s legacy.

  ACKNOWLEDGMENTS

  This important book became a reality thanks to the help of a number of people. Kathleen Parrish, an author and former reporter at the Morning Call, read the original book proposal, offered suggestions and enthusiastic encouragement at a time when I needed it. I’m grateful to Tim Darragh, the investigations editor at the Morning Call, who gave the book a careful read and offered valuable edits and suggestions. Ed Kumiega, an assistant U.S. attorney in Oklahoma City, helped me navigate through some federal and investigatory issues. I met Ed in 2003, while researching A Beautiful Child, and we remained in touch ever since. Tracey Davis helped in many ways. Initially resistant, Tracey opened up after our first conversation and her help was invaluable.

  Thanks to Dawn Davis and her wonderful team at Amistad/HarperCollins for their enthusiastic support of this project.

  I’m forever grateful to my literary agent, Steve Hanselman of LevelFive Media, for his support, guidance, and always wise counsel. Julia Serebrinsky, the vice president of editorial at LevelFive Media (and Steve’s wife), was instrumental in helping with the original book proposal, and I thank her for giving the final manuscript a careful read.

  Of course, there wouldn’t have been a book without Albert “Sonny” Murray. He’s a good man with a good heart, who carries a heavy burden, and I will always be indebted to him for sharing this difficult story with me.

  And finally, my love and thanks to my wife, Donna. As is the case with these book projects, she held down the home front while I was away. Even when I was home, my mind was usually elsewhere during the year and a half it took to research and write this book. But Donna, as always, understood.

  SOURCES

  The story that unfolded in these pages could not have been told without the help of the following people:

  Calvin Douglas was gracious and generous in giving me his time to convey his many experiences. He was vital to this story, and his razor-sharp mind belied his age. Corene Watson, a sister of Judge Albert Murray, was helpful in relaying the history of the Hillside, the Judge, and Mama Murray, along with Nelly Quevedo, the Hillside’s general manager.

  During trips to Los Angeles for interviews in July and August 2007, I was helped immensely by a number of people, particularly Sammy’s friend and security chief Brian Dellow. Brian had never granted an interview before, and he only agreed to talk to me thanks to several phone calls from others. His memory was keen and his love and affection for Sammy clearly evident.

  During that same visit to L.A. in July 2007, I interviewed Richard Ferko, Jay Shapiro, Joe Jackson, Herb Sturman, Mark and Tracey Davis, and their mother, May Britt. Mark and I spent a day together talking about his father over lunch, and then toured through Beverly Hills to visit the various addresses Mark and his parents and siblings had called home. I met his mother, May, briefly. She offered a welcoming handshake and reminded me of my own mother, warm and nurturing. I spoke to May again months later over the phone. She preferred to remember S
ammy for his gentleness and generosity. She truly loved Sammy. And I believe, after all was said and done, Sammy truly loved May. I first spoke to Tracey Davis in May 2007. She became an invaluable source, who provided crucial information, helped direct me to others who knew answers to questions she couldn’t answer, and was someone I’d simply call to bounce questions. We finally met in L.A. over dinner at one of her father’s old haunts, Dan Tana’s restaurant, and we continued to talk over the phone right through the completion of the book.

  It was during my visit to L.A. in August 2007 that I interviewed Burt Boyar, Gary Smith, Hilliard Elkins, and David Steinberg. I met Burt at his penthouse and we talked for several hours. We later spoke several times over the phone. I have known Gary since 2003 and spent a day with him going over his Sammy photos and footage from the Hullabaloo days. Gary’s personal stories about Sammy were interesting and insightful. David Steinberg’s stories were hilarious. Like Brian Dellow, David had refused for years to grant interviews about Sammy, but we spoke at length over two days. It was David who told me the stories about the Chinese food and Princess Grace, and he also shared information on some of the shadier people involved in Sammy’s life. By the time we were finished, he urged me to remember that Sammy had a heart of gold and lived a life many of us could never understand. Most important, said David, Sammy thoroughly enjoyed himself.

  I tried to remember that while writing this book.

  Shirley Rhodes declined numerous requests to meet with me in person. It was only through the urging of David Steinberg that Shirley finally agreed to talk via a phone interview. I also interviewed John Climaco, briefly in late 2007 and at length in January 2008. It was Ed Kumiega, an assistant U.S. attorney in Oklahoma City, that led me to former FBI agents involved in the investigations that led to the demise of the mob’s control over the casinos in Las Vegas. I can’t identify them, but their information about Sammy, Frank Sinatra, and organized crime was crucial. Dennis Gomes also proved invaluable. Dennis was the lead investigator with the Nevada Gaming Commission in the 1970s, who headed the probes that eventually led to the successful federal prosecutions in the 1980s. His work was the basis for Martin Scorcese’s 1995 film Casino. Dennis later went on to become president of the Tropicana and Trump Taj Mahal in Atlantic City, and the Golden Nugget in Las Vegas. I also spoke with Nick Akerman, the former assistant U.S. attorney in New York, who prosecuted the Westchester Premier Theater case.