Excuse my late entry, but this comes up again and again when discussing Sullivan and I think there's a pretty simple explanation.

We all agree that Sullivan sells videos featuring "Charges." Right?

As a means to that end...

1. Do you think he's the most unlucky PH EVER? (I think not, or he would have surely been "scratched" by now.)

2. Or do you think he knows what TO DO - or perhaps more accurately - he knows what NOT TO DO in order to capture the charge he wants on film?

Either by active means or passive means on his part, I have to go with the latter explanation. And IMO, that is unethical.