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Tuesday, June 27, 2006
Crucial Corrective… …in the Washington Post today to the innocent-before-tried enthusiasm out there lately for the Duke boys. In a rather angry piece, Andrew Cohen, CBS News Chief Legal Analyst, writes: Look, I don't know what happened at that house that night. And neither do you. And I wouldn't have done some of the things that the prosecutor has done to this point -- he started the media onslaught, after all. And neither probably would you. It is possible that a savage rape occurred. And it is possible that the young men who have been accused are victims, themselves, of an irresponsible accuser. The point is that we don't know. We haven't seen all of the evidence, haven't examined all of the testimony; haven't had the privilege of seeing the case unfold at trial the way it is supposed to. Cohen notes that journalists are tripping all over themselves to quickly and repetitively report the biased view of the young men's defense attorneys, family members, and other supporters. And the prosecutor, after saying a bit too much too early about his case, now is saying nothing at all, leaving the defense spin unchallenged and gaining both in perceived credence and volume. There is nothing wrong with this defense strategy -- I would do it, too, I suppose, if I were representing the alleged rapists -- but just because it's a good idea for lawyers doesn't meant it is good journalism. There is no balanced coverage in the Duke case. There is just one defense-themed story after another. …The presiding judge long ago should have stepped into this case and shut up the defense teams with a gag order. Failing that, the media should have exercised more discretion in allowing advocates to dictate coverage. |