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moore, however, had not told affleck and damon that when they first approached weinstein with the project, he had already passed on it, with the encouragement of miramax's then-chief, tom bernard, who had also rejected it, believing that it would be a huge flop. be that as it may, at the meeting with moore, affleck had expressed misgivings. concerned about the script, affleck said, 'this is a little risky, i mean, it's never been done before.' weinstein answered, 'it's too commercial,' or 'it's got to be artistic. it has to be different.' affleck was justifiably concerned about the troubled history of films based on truman capote's novella about an 11-year-old girl, answered prayers, made by emi films, which had resulted in lawsuits for misappropriation of the capote estate and which had been criminally prosecuted and convicted of tax evasion.the two producers, along with weinstein and miramax exec vp at the time, roy price, walked over to the screening room, where miramax's bruce cohen was seated with a shelf full of books on his lap. the three execs began arguing about the script. miramax's head of production, dan pearce, later described the conversation in court papers as involving numerous references to the inclusion of'sexual acts,' which 'they all thought were rather silly and over-the-top' and 'ludicrous.' finally, miramax's damon, who had done a great deal of research into the capote production, said, o.k., you have been discouraging, you have been telling me for years, 'i don't know why you make this movie. it's never been done before. it's not going to work out. if you ever make the movie, don't talk about "sexual acts."' and roy price replied, 'we'll never use that kind of stuff. we can't put words like "sexual acts" in the script.' the film, in fact, has no such words. the only explicit depiction of sex in the film is when ives is shown — and only briefly — removing his pants.
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