Lawyers for the two feuding factions of Dead Kennedys are preparing for a trial set to begin on Monday, barring another continuance.
Former bandmembers Klaus Fluoride (bass), D.H. Peligro (drums), and East Bay Ray (guitar) are accusing frontman Jello Biafra of wrongfully keeping more royalties than he's entitled to and mismanaging the group's independent label, Alternative Tentacles, among other issues. The three are seeking $75,000 in royalty payments and several hundred thousand dollars in damages.
In turn, Biafra has lodged a countersuit alleging, in part, that his former mates are seeking vengeance because he wouldn't allow the use of the band's 1980 single "Holiday In Cambodia" for a Levi's TV ad, a move he viewed as a corporate sell-out. Biafra is also accusing Ray of skimming merchandising and other monies collected by the guitarist for the other bandmembers.
Jury selection for the San Francisco Superior Court proceedings had been expected to get underway this week, but some last minute legal wrangling has caused a delay.
The politically charged Dead Kennedys were at the forefront of the budding California punk scene when the group first formed in 1978. The band initially topped punk playlists with the single "California Über Alles" in 1979 and went on to churn out such classics as "Let's Lynch The Landlord," "Kill The Poor," "Nazi Punks F*** Off!" and "Too Drunk To F***," among others.
The group broke up soon after fighting pornography charges stemming from a poster by H.R. Giger included in its 1985 album, "Frankenchrist." That case was dismissed after the trial resulted in a hung jury. The group's last album was the posthumous compilation "Give Me Convenience Or Give Me Death" released in 1987.
Biafra, who finished fourth in a run for mayor of San Francisco in 1979 and is currently running for U.S. President under the auspices of the Green Party, went on become an in-demand spoken-word performance artist. He also put his energies into developing Alternative Tentacles as a multi-artist label. The roster, in addition to Biafra and the Dead Kennedys catalogue, now hosts roughly 20 acts including NoMeansNo, Facepuller, Wesley Willis, and D.O.A.
The bandmembers filed the current suit in 1998, in which they contend that a handshake agreement in the band's formative years called for all four members to share equally in the group's royalties.
Biafra's lawyer, John K. Stewart, told MTV News that there are motions before the court to determine what evidence will be presented to the jury, and that has caused the current delay.
Stewart expects the jury selection to start on Monday and the opening arguments to get underway a day or two later. The trial is not expected to last more than three weeks.
Among the more notable figures on Biafra's witness list as industry experts are The Offspring's Dexter Holland and Reprise Records President Howard Klein. Holland's participation is up in the air, however. APBnews.com reports that the frontman had been subpoenaed for a pretrial deposition and had yet to show up. A spokesperson for Holland's management told MTV News that he has not been able to locate the vacationing singer.
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