The Wind Beneath James Frey’s Wings
The past month’s James Frey scandal seemed to shock the nation, but not me. Why was I able to withstand the horror of being LIED IN MY FACE? Because this has happened before. With murder! 2002:
The Talented Mr. Lerner
By DAVID D. KIRKPATRICK
Published: March 31, 2002Last January, New York publishing houses received a pitch for an unusual “fictionalized” memoir. It was a prison book, written by an inmate serving a 2-to-12-year sentence for voluntary manslaughter in a Nevada jail. But what made this prison book different was its author, Jimmy A. Lerner: a middle-class, middle-aged former marketing executive at Pacific Bell. Lerner was a “sharp, regular guy,” his agent, Brian DeFiore, asserted in the pitch letter — one “with a wife, two kids and a mortgage payment” who had ”never before gotten into any sort of trouble with the law.”
(New York Times)
Fictionalized memoir! But wait, it gets better:
[Gerald] Howard decided he wanted the manuscript. “The book was strong and the writing believable,” he recalled recently. He paid about $100,000 for it, on the condition that Lerner recast his mostly true story as genuine nonfiction.
A condition to turn a fictionalized account into non-fiction! But wait, it gets better:
Before the book was finished, Lerner sent Random House a long list noting which facts had been altered. He said that he had disguised some identities and places but otherwise removed the fiction. Howard only occasionally wondered. If Lerner was slightly built, for example, how did he manage to strangle a large attacker armed with a belt and a knife? Howard never asked directly. He decided that a stint Lerner did in the Army explained it. “His military service helped make that scene more plausible to me,” he said.
An editor only momentarily pauses in considering the veracity of the memoir, but publishes it with great enthusiasm despite apparent discrepancies! But wait, it gets better:
Over dinner in Reno, Lerner told me that his book may have neglected Hassleman’s more attractive qualities, but mostly he attributed their friendship to his own impaired judgment. “I was moving into a serious relapse of drinking and popping mind-altering pills,” Lerner said. But if the friendship seemed unreal, Lerner said his account of the killing was accurate. “I was having the hell beaten out of me, pounded with a belt,” he said, looking me in the eye. “It was a very extreme situation. I mean, I was terrified. I was getting the hell beat out of me. My children were being threatened. I killed him. And I regret it.”
Still, why didn’t he flee the hotel room? “That’s a very good question,” Lerner said, graciously complimenting my insight. ”It is the ultimate question. It really gets to the heart of the crime and to the heart of my guilt. I had the opportunity — did I not? — to walk away at a certain point. And that’s a decision I made that I will regret for the rest of my life.” Still, Lerner said, killers came far worse than him. In prison, some murderers bragged about the bodies that never turned up.
It was not hard to come up with a different account of what happened that night. In court papers, I found that his victim’s real name was Mark Slavin. He was a medical-equipment salesman whose wife died of cancer in 1993. What’s more, the Monster was in reality a shrimp. He was 5-foot-4 and 133 pounds, eight inches shorter and 40 pounds lighter than Lerner was at the time.
Huge gaping holes when the memoir is compared against the factual record! But wait, it gets better:
Lerner himself told police a different version of events the day after the killing — which took place in Reno, not Las Vegas. Lerner called Slavin “a very nice guy” and “practically my best friend.” He said that on that November weekend, he and Slavin drove to Reno to play blackjack and “see a show.” Lerner was wearing a polyester shirt and a dark Beatles-style toupee.
The fight started late Sunday night in their suite in the Sundowner Hotel. Slavin wanted money for drugs, Lerner told police. “He attacked me, in bizarre ways,” Lerner said, chuckling. “Then outta nowhere, I gotta give him credit for this, he gave me a good shot, he broke my nose, I was just amazed.” He continued, “I shot back except, uh, I didn’t punch him, cause he’s small, I just grappled him down and sat on him.”
Lerner sat on him off and on for quite a while. Somehow, Lerner told the police, Slavin eventually managed to wriggle free, steal Lerner’s Swiss Army knife and come back swinging a leather belt. Lerner quickly disarmed Slavin and sat on him again. Then he had an idea. “I put the belt around his neck,” he said. “I said, ‘Mark, let’s try this.’ I’m sorta sitting on him. ‘I’m going to cut your air off for a while, O.K.? When you get tired of that, you shake your head and let’s call an end to this stupid thing ’cause this is ridiculous.’”
But Slavin remained conscious; Lerner told police that Slavin began reaching again for that knife. So, Lerner said, he put a plastic laundry bag over his friend’s head for a while. And he tightened the belt: “I was finally able to get the belt to where it could work, you know, put some pressure?” Slavin soon ceased to struggle.
The forensic evidence suggested an even darker end. Detectives concluded that Lerner, who like Slavin had taken an assortment of cocaine and prescription drugs, had in effect tortured his friend. Slavin had been beaten badly: his eyes were swollen shut and bones protruded through his face. The shapes of a turtle and a steer’s head — decorations from Slavin’s belt — were imprinted on his neck. Lerner’s main injuries, by contrast, were badly swollen hands. His jeans were covered with blood.
Detectives also doubted the Swiss Army knife was involved. There was no blood on it and, although Slavin was left-handed, the knife was found near his right hand — suggesting that it had been planted.
LIES LIES LIES! JAMES FREY, I AM YOUR FATHER! Wait, there is more:
At first, Lerner calmly denied there was any major discrepancy between his book and his statement to police. “It jibes,” he said, slowly listing the details that did match up, like his claims about the belt. And he noted that an expert hired by his lawyer supported his claim about the knife.
But in a subsequent phone conversation, he changed tack. “I saw what I was doing not as a journalistic piece, he explained genially. “What I was doing was a literary genre known as a memoir.” Lerner said he had told Random House’s lawyers that he disguised the man he killed, but he did not tell them that he’d altered key dynamics of the fight. But the result was still nonfiction, he insisted. “It is 90 percent accurate,” he concluded.
The published liar is confronted with the discrepancies in his book. He is unrepentant. Then slightly a little bit more repentant. But wait:
Howard was surprised to learn, however, that Lerner had misrepresented his crime. “I don’t know what to say,” he said, stunned. But after reviewing the facts of the case, Howard stuck by his friend. He read a statement prepared with Random House’s lawyers: “Although the author took liberties in both the details of the struggle and their arrangement, the book represents the essential nature of the fight.” He said that the book’s “main aim” had been to document not Lerner’s crime but the ”essential quality of prison life.”
Not only does the editor of the book stick by his author’s story despite mounting evidence that it is a fraud, but he uses the now classic “essential point of the book represents an emotional truth” defense. The same defense Oprah would use almost four years later.
I think that this Jimmy Lerner character should have to go on Oprah and apologize for what he has done. And then I think him and James Frey should have to make out. Because they are homos.

January 30th, 2006 at 9:55 am
You know, I was watching Howie Kurtz’s CNN show yesterdy (sic), and he was asking his lame guests what they thought about Oprah’s role in all this. They were all harshing on Oprah, and I was like — envious much?
I said to Cupcake, “I don’t feel strongly either way about Oprah, so I’m OBJECTIVE, and I think she has behaved in a most upright way. She stumbled, then recovered, and she came out and said what needed to be said, forcefully. She called a liar a liar. She wins in all this, big time.”
I think she’s a class act, and I don’t care if that sounds facile or geeky.
January 30th, 2006 at 11:39 am
Actually, you said no such thing. Perhaps you remember saying something along those lines, but it would have been in someone else’s presence. A quick look at the factual record would show no involvement in matters ex variorum. As a lifelong supporter of the great unreliable narrator, be her Oprah, Jehovah or Gozar, inconsistencies yield Tristannian works of lasting power.
January 30th, 2006 at 12:02 pm
WHO ARE YOU AND WHAT HAVE YOU DONE WITH THE REAL CUPCAKE?
January 30th, 2006 at 2:56 pm
They should make out, because they are homos.
Nice. I especially like how your derogatory comment assumes a correlation bewteen sexuality and lies. You know, of course homosexuals are morally ambiguous, involved in publishing and prone to compromise the truth. This is some serious 8th level sin we are talking about.
January 30th, 2006 at 3:07 pm
Finally, someone who really gets me.
January 30th, 2006 at 3:33 pm
nice way to avoid the question thispace… ‘do you think oprah is classy or NOT?’
January 30th, 2006 at 3:52 pm
I’ve never met Oprah before, so it would be rather difficult to make assumptions as to her class or classiness-difficult to the point of absurd. The literary world never seems to tire of backstabbing, undercutting, hacking, wheezing, grandstanding, chestthumping and generally actly like kids made whiny by unfulfilled desire.
In the abstract, I find it classy to act rationally and with restraint whenever possible, which is made especially difficult because television entertains us. There are those who follow Oprah as gospel, and there are those who despise her as a direct backlash of that worship. I find such behavior on eiher sides of the aisle comical, with an underscore of sadness. It is difficult to not judge someone on a slippet of information, especially when judgment is oh-so-fun. Perhaps the next Oprah pick can be Blink.
January 30th, 2006 at 4:05 pm
I get it, Cupcake. You’re saying I’m as bad as Frey because I’m just riffing and putting quotes around it. But the emotional core of what I wrote still resonates with Worker#3116’s millions of readers.
I stand by my quote. Let the haters hate . . . FTBSITTTD
January 30th, 2006 at 4:46 pm
HE’S NOT THE REAL CUPCAKE. WE ARE BEING ROYALLY FUCKED WITH.
January 30th, 2006 at 4:50 pm
But the fake Cupcake was right — my quote was from memory, and should not have been used with quotes around it, or at least should have had a disclaimer attached.
Unmask yourself, fake Cupcake! Do it for Oprah, she would do no less for you!
January 30th, 2006 at 4:58 pm
The fake Cupcake scandal, or Cupgate, as it has come to be known, is literally sending shockwaves throughout the media world.
Or at least my media world.
January 30th, 2006 at 5:19 pm
Frey just took up waaaaay too much of your time.
January 30th, 2006 at 8:35 pm
Is the fake cupcake connected in any way with the T-shirt design that was ripped off from Johnny Cupcakes?
January 30th, 2006 at 9:13 pm
“The real Cupcake, in a comment to Corporate-Casual’s ‘What Would J. Crew Do?’ diary Monday night, said he still supports Clown Coffee and the diary.
“I am disappointed by this controversy surrounding ‘Cupgate,’ because I rely on the diarist to establish the authenticity of the comments,” Cupcake said.
“But the underlying message of redemption in Clown Coffee’s comment still resonates with me, and I know it resonates with millions of other people who have read this diary.”
“What is relevant is that he was a drug addict who spent years in turmoil from the time he was 10 years old drinking and tormenting himself and his parents, and stepped out of that history to be the man that he is today and to take that message to save other people and allow them to save themselves.”
“To me, it seems to be much ado about nothing,” he added.
January 30th, 2006 at 9:15 pm
I believe that the fake Cupcake is simply a smokescreen to distract the public from the SHATTERING TRUTHS that this diary represents.
January 31st, 2006 at 8:59 am
“Cupgate” has driven me to Hang myself.
Good Bye Cruel world.
January 31st, 2006 at 9:17 am
See what you have done, fake Cupcake?
There is e-blood on your e-hands.
January 31st, 2006 at 10:07 am
Lilly is an impostor. Anyone who watched Oprah last week knows the REAL Lilly cuts her wrists. That’s right, present tense.
And: Since we’re all taking off our masks, I’d like to tell you my real name. It’s Silly Scone.
I hope I learned something from this episode and that it makes me a better person.
January 31st, 2006 at 11:03 am
clown coffee/silly scone/whoever you are & fake Cupcake:
perpetuating this media fiasco for your own personal gain has seriously made me reconsider my feelings toward life/ and the people in mine.
Lilly has the right idea.
good bye cruel LIARS!
January 31st, 2006 at 11:12 am
Cups, I don’t want you to feel you have to commit suicide just to spice up my upcoming memoir:
A Million Little Crumbs
By Clown Coffee
. . . but it wouldn’t hurt!
Just kidding!
Sort of. Maybe.
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