During the making of Red Dust, Bern was found shot dead at their home, creating a lasting scandal. Initially there was speculation that Harlow had killed Bern, but Bern's death was officially ruled a suicide. Harlow kept silent, survived the ordeal, and became more popular than ever. A comprehensive review of the facts surrounding Bern's death by E.J. Fleming published in 2009 makes a convincing case that Bern was, in fact, murdered by a former lover and the crime scene rearranged by MGM executives to make it appear Bern had killed himself.
After Bern's death, Harlow began an indiscreet affair with boxer Max Baer who, though separated from his wife Dorothy Dunbar, was threatened with divorce proceedings naming Harlow as a co-respondent for "alienation of affection," a legal term for adultery. After Bern's mysterious death the studio did not want another scandal and defused the situation by arranging a marriage between Harlow and cinematographer Harold Rosson. Rosson and Harlow were friends and Rosson went along with the plan. They quietly divorced eight months later.
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