Trial and Error in Covering the Courts

The caller was furious with me about a story I wrote, based on opening statements in a rape case.

“Why bother with a jury? You’ve already convicted this guy.”

The story concerned what Deputy Dist. Atty. Jane L. Shade and defense attorney Patrick McNeal had to say to jurors about the evidence. Shade had a lot to say about the defendant, none of it good.

McNeal looked like he would just as soon be in the Persian Gulf. Prosecutors had three eyewitnesses ready to identify his client, and the defendant had left such a pile of evidence that about the only thing he didn’t leave was a videotape of his horrid crimes.

The man was convicted after half a day of jury deliberations, which is about how long it takes a jury to fill out all the court forms and select a foreman.

It is true that our newspaper story did not accurately reflect what the jurors were hearing. That’s because we’re a family newspaper. Details presented to the jury showed the guy’s moral standards somewhere between vermin and pond scum. We cleaned it up a touch.

A primary problem in trying to cover criminal courts, which has been my assignment the past nine years, is that neither side is particularly happy to have you there. Ditto for some readers, like my phone caller.

But I liked Superior Court Judge Leonard H. McBride’s answer when some defense lawyers were moaning about the news media causing problems at a trial.

“Maybe we’d all be better off if the media wasn’t around,” the judge said. “But that’s not the way it works in a free society, and I don’t think we’d want to be in a society where it did work that way.”

I sure hope Judge McBride remembers saying that. Because I wanted to jump up and kiss him.

Prosecutors worry that jurors will inadvertently read something about the case. Defense attorneys have a different problem. In most cases--certainly not all, but the vast majority--their clients are guilty. I base this on records showing that the percentage of defendants who plead guilty is well over 90%. To most defense attorneys, publicity can only make their clients look as bad as they really are.

Some prosecutors have crossed me off too--you make enemies in nine years. One prosecutor was furious because I said he looked “ashen-faced” after losing an important case. Truth was, he refused to talk to the media, and I had an editor demanding that we get some reaction from the prosecutor. Ashen-faced was the kindest thing I could think of. He really looked like he wanted to suck his thumb and have a good cry.

Reporters are always subject to accusations of bias. One defense attorney accused me of playing favorites any time he was up against a prosecutor I liked, such as Deputy Dist. Atty. Bryan F. Brown, who has so far sent four men to Death Row, including serial killer Randy Kraft.

But maybe it’s the old saw about blaming the messenger for the message. What they’re really upset about is the calm but efficient way Brown cuts them up in front of a jury.

In a recent three-defendant murder trial, it took a jury less than five hours to find all of them guilty. Two of the defendants were slam dunks, but the third--she was not present when the murder took place--was a difficult issue. She has Brown’s cross-examination of her testimony to thank for her conviction.

But the truth is, Brown infuriates me. He has a strict policy of not discussing his cases with reporters, which makes it frustrating to write about them. Editors and readers both want pithy quotes.

Why do we need quotes? Or stories at all? Why not wait until the trial is over, then tell what happened?

Because people want to know--they have a right to know--what is going on in their community, and at the time it’s happening. It’s doubtful many people would have been served better if we had waited until the end to report the McMartin Preschool fiasco. Or how the highly expensive Randy Kraft case was handled.

But still, here is this caller, outraged at me. How did I take that? No one likes to get banged around on the telephone. But it was a good reminder. No matter how difficult it may be, even if someone’s lawyer is forced by circumstances to be mum about the client, we have to strive to tell the other side. And maybe I could have tried a little harder in the rape case.

Everyone in court deserves the right to a lawyer--and a fair shake from the news media.