evidence

Ethics Hero: Dick Masten—When Ethics Trumps Law

/ Jack Marshall / 6 Comments
A heroic and ethical snack...

A heroic and ethical snack…

One way I can always start an argument on Ethics Alarms is to state my position that willfully breaking the law is per se unethical as a breach of citizenship. Like all rules, however, this one has exceptions. Dick Masten, the Director of Miami-Dade Crime Stoppers, recently demonstrated one of them.

The former police chief was ordered by Judge Victoria Brennan to reveal the name of a tipster in a cocaine possession case, State vs. Lissette Alvarez. Alvarez was arrested in 2013 and charged with cocaine possession. Brennan called for Masten to come into court and confer with her in chambers regarding the case. Miami-Dade Crime Stoppers sparked the eventual arrest after getting information from a tipster who was assured anonymity. Alvarez’s attorney insists that the tipster’s information is part of the evidence against his client, saying, “Ms. Alvarez, in this case, has every right to confront her accusers. But more particularly in this case, it’s not the accuser, but the evidence that the State will use against her.”

Ordered by the judge to reveal the name of the tipster, Masten, insisted that he couldn’t divulge information to be reviewed in closed court that might be discoverable as evidence. “There is a possibility that looking at certain documents, a defendant could work that case backwards and put the tipster at peril, and I’m not gonna let that happen,” he said. In a dramatic touch, Masten swallowed  a slip of paper that held the tipster’s name. “What is personal to me, is the promise,” Masten said before his ethical snack. “Some of these tipsters could end up dead. Not on my watch.” Continue reading →

The News Media’s Self-Degradation Continues: The Unethical Sliming of Chris Christie

/ Jack Marshall / 21 Comments

Yellow Journalism

You have to feel for Christie, who as a Republican moderate can literally find no news media organization that isn’t determined to destroy him, facts or fairness be damned. As a Republican, he is assured of being treated like the Devil incarnate by MSNBC no matter what he does or says.  As a proven leader of talent and charisma who poses a threat to the media’s relentless anointment of Hillary Clinton (a WOMAN!!!)—who has displayed neither— as the next President,Christie has a giant target on his back that the mainstream media cannot resist. As non-hateful Republican who is capable of bi-partisan conduct, will shake the President’s hand and has social positions to the left of Pat Robertson and Rick Santorum, Christie is also persona non grata at Fox News.

Thus it was that a completely self-serving, borderline unethical letter seeking financial benefits for his client sent by the lawyer of the former Port Authority official who personally oversaw the lane closings at the George Washington Bridge was turned into a “bombshell” yesterday and this morning, with headlines and breathless talking head claims that are completely, utterly, irresponsible, dishonest, misleading, unfair and wrong. Here’s a sample:

  • “Christie Linked to Knowledge of Shut Lanes” (NY Times) Untrue. He has not been linked. A lawyer hinted that some evidence suggesting he might be linked exists, or is said to exist, somewhere. That is not being “linked.”
  • “Chris Christie should resign if bombshell proves true” (Star-Ledger) And if it’s proven that I am a cucumber, I should jump in a salad.
  • “Chris Christie just got thrown under the bus in that traffic jam scandal that has jeopardized his presidential ambitions.” CBS’s Scott Pelley. By the press, perhaps.
  • “Explosive new allegations about Chris Christie. Tonight, the man at the center of the bridge shutdown scandal says the governor isn’t telling the whole truth. He says there’s evidence to prove it.” NBC’s Brian Williams. “Lawyer of accused official facing charges says it’s someone else’s fault!” This is headline news?
  • “This is a hugely significant development in the investigation! It’s a direct challenge to the credibility of Governor Christie.” NBC reporter Michael Isakoff Wrong. It’s significant if it’s true. There is no more reason to believe it is true than to believe it isn’t.

No, Michael, what this is is a journalistic disgrace and an example of intentionally misleading, partisan and biased reporting.  The context of the statement being pumped up into a crisis for Governor Christie was omitted in every one of the hysterical “We got him now! media reports until deep into the published or broadcast account, if it was mentioned at all….in other words, well after the point where the average member of the public stops reading or listening. This is unconscionable. It’s disgusting. It is gutter reporting, and rotten journalism. What if each report, as it should have, framed the story this way:

“In today’s new, the lawyer for David Wildstein, the ex-Port Authority official facing indictment in the bridge-closing scandal that has rocked the administration of New Jersey Governor Chris Christie, is using the threat of his client revealing undisclosed evidence indicating knowledge and involvement by the Governor as leverage to have Wildstein’s criminal defense, including the lawyer’s own fee, paid for by the state.”

Because that’s what the story really is.

Take the time to read the entire letter in question, not just the sections I have bolded. Naturally, most of the news reports referenced the letter without actually allowing us to read the letter. The New York Times made it damned difficult to read the letter online, but at least it was there. Here is the whole thing. I’m sorry, but the issue can’t be understood without reading all of it. The letter is from Wildstein’s lawyer, Alen Zegas, to Darrell Butchbinder, who is the General Counsel for the Port Authority: Continue reading →

The Criminal Justice Ethics Breakdown: Unforgivable, Incomprehensible, and Horrifying

/ Jack Marshall / 24 Comments

"Yeah, that's bad, but can you believe those gas prices?"

There is no longer any way for the defenders of the criminal justice system, or indeed American democracy and its ideals, to deny that thousands, and perhaps tens of thousands, of Americans languish in prison for crimes they did not commit. This fact is so terrible in its implications for the nation, the system, the public and the legal profession that I feel incapable of grasping it all, still, though this has been slowly dawning on me for a long time. Right now, it is all I can manage to escape denial, for the deprivation of so many innocent people of their liberty is my responsibility, as well as yours, and that of everyone else. Even in the midst of serious policy debates over so much else that is vital to our future, how can anyone argue that this isn’t the highest priority of all?

Yesterday, the Washington Post revealed that

“Justice Department officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled. Officials started reviewing the cases in the 1990s after reports that sloppy work by examiners at the FBI lab was producing unreliable forensic evidence in court trials. Instead of releasing those findings, they made them available only to the prosecutors in the affected cases, according to documents and interviews with dozens of officials. Continue reading →

“Twelve Angry Men,” A Million Angry Fools, and the Jury System

/ Jack Marshall / 29 Comments

Their defendant was probably guilty too.

Ethics Alarms All-Star Lianne Best sent me this link about a member of the Casey Anthony jury who is going into hiding because of all the hate and criticism being directed at jury members and their controversial verdict. Her plight, which must be shared by other members of the much-maligned jury, highlights the unethical, not to mention ignorant, reaction of the public to the Florida ex-mother’s narrow escape from a murder conviction she almost certainly deserved.

The problem begins with publicity. We may need to re-examine the logic behind broadcasting high-profile cases. The combination of live courtroom feeds and quasi-semi-competent commentary gives viewers the mistaken belief that they are qualified to second guess the jury, and they are not. They are not because the jury is in the courtroom, and the viewers aren’t. The jury and TV watchers see different things; individuals communicate different emotions and reactions in person than they do on camera. There is only one fair and sensible way to answer those on-line instant polls that ask, “Do you think Casey Anthony should be found guilty?”, and that is “I don’t know.”

Most of all, the viewers and pundits are not present in the jury room. Continue reading →

The Ethics of “No-Body” Murder Prosecutions.

/ Jack Marshall / 13 Comments

Oh! THERE's the body!!!

Texas lawyer Robert Guest has opined that a Texas jury would have convicted Casey Anthony in a heartbeat, and cites as proof the February conviction of Charles Stobaugh in Denton County. He was accused of killing his  estranged wife, though no body has ever been found at all.

Maybe.  There are a lot of differences in the circumstances of the two cases, not the least is that finding a badly decomposed body with a piece of electrical tape across her mouth has a big advantage over never finding any body at all: at least you are certain that the victim is dead.  Stobuagh, like Anthony, engaged in a pattern of lies and strange statements; for example, he suggested that his wife, who suddenly vanished and stopped using her bank account, credit cards and cell phone, was “playing a prank.”  He also began seeing a new girl friend more or less the moment his wife vanished. I’d say the biggest difference is the presumption of a motive: husbands killing their wives, especially their estranged wives, is a common and well-recognized form of homicide, with a motive that any married person immediately understands. A mother killing her young child, in contrast, is very unusual, and the presumption is that no mother would do it. The Anthony prosecution was more difficult than the prosecution of Stobuagh, even with Caylee’s body. Continue reading →

Comment of the Day: “Unethical Blog Post of the Week: ‘But What About Caylee?”’

/ Jack Marshall / 6 Comments

As comments, accusations and retorts featuring the Ethics Alarms All-Stars were flying around on the blog in reaction to the Casey Anthony verdict and my reaction to some of those reactions (here, here, here, and here), Lianne Best came through with an  especially measured take, one that was immediately cheered by other commenters.

There is nothing wrong with feeling deeply, and emotions are important; after all, Mr. Spock had limitations as a leader. When emotion rather than analysis drives public opinion, however, there is a risk of real harm: those attempting objective analysis may be vilified, marginalized or ignored, and rash, reckless decisions and consequences can result.  (I could, but won’t, argue that the 2008 presidential election was a classic case in point.)  Lianne cuts to the real issue deftly. Here is her Comment of the Day:

“I too often find myself embroiled in emotional opinion, with no basis in facts. It’s easy here: an adorable and completely innocent, dependent little girl was killed. Virtually every human, particularly parents, want to see that vindicated, justice found and brought. That somehow makes it better. But you know what? It doesn’t make it better to go racing off on just a blazing gut reaction, not when people’s lives are affected by our lack of thought and analysis. I was a juror in a kidnapping and murder trial. It was an immensely difficult two weeks, and the decision was agonizing. Luckily, it was also popular; it would have been awful to suffer through loud, manic public criticism of our reasoned decision on top of the process … loud, manic public criticism by people who weren’t there, who knew less (or at least differently) than we did. We have a jury system for a reason, 12 people found Casey Anthony not guilty (13 if you count the alternate juror) and we have to trust them.

“Personally, I appreciate Jack’s cooler head prevailing when my mother’s heart is shrieking.”

Marcia Clark, Exploiting the Anthony Verdict for Her Own Sake

/ Jack Marshall / 10 Comments

Marcia Clark. OK, this really isn't Marcia, but the real picture of her doesn't look like her either.

Marcia Clark’s article on the Casey Anthony verdict is so tainted with obvious conflicts of interest that it should have been rejected by The Daily Beast…or rather would be rejected by any website more selective and less shameless than the Daily Beast. This would be any fair site that does not deal in over-the-top opinion as a matter of course.

Marcia, like her colleague Chris Darden, is a rather tragic figure these days. The former lead prosecutor in the O.J. case is struggling to make it as a pundit, freshly botoxed and rendered almost unrecognizable so as to be fetching in those close-ups. After she sold the inevitable cash-in book about the Trial of the Century, she has wandered in the C-List celebrity wilderness, and will soon join Newt Gingrich and William Shatner as a celebrity novelist. She will be remembered, quite correctly, as the prosecutor who botched the O.J. murder trial, even if we give Darden an assist for the gloves debacle. (Why cable news shows insist on recycling failures as experts is an enduring mystery, the mystery being “how can the producers look themselves in the mirror after choosing recognizable flops over less well-known but more accomplished authorities?”)

But Clark apparently saw an opportunity in the Casey Anthony verdict to rehabilitate her tarnished reputation, and grabbed it. The result is “Worse Than O.J.!”, a new low in self-serving analysis. Continue reading →

Unethical Blog Post of the Week: “But What About Caylee?”

/ Jack Marshall / 81 Comments

Sad but true: the trial's purpose was not to find justice for Caylee.

If I responded to even one out of a hundred ethically muddled, logically addled posts by the hoard of bloggers in cyberspace, I’d have time for nothing else. Now and then, however, I am directed to a post that typifies the kind of free-floating, fact-starved gut sentiment that rots public discourse in America and that helps keeps the public confused and panicked.

In this case, I was directed to the post by the blogger herself, who managed to annoy me by accusing my post on the Casey Anthony jury of being callous to the victim in the case, two-year old Callie. I re-read my post; there wasn’t anything callous toward the child in any way. Puzzled, I went to the blogger’s page, a blog by someone who calls herself wittybizgal, and called Wittybizgal. Sure enough, there it was: an anguished lament about the verdict in the Casey Anthony trial entitled, “But What About Callie?”

The post is frightening, because I am certain that this kind of non-reasoning is epidemic in the United States, nourished by touchy-feely bloggers, pundits and columnists and made possible by the ingrained habit of having opinions without knowledge. Since their opinions are not supported by facts or reasoning, they can’t be debated. If you aren’t persuaded, you’re just mean, that’s all. That’s no way to decide what is right and wrong, but it certainly a popular way. Here is wittybizgal’s argument, one fallacious step at a time: Continue reading →

Ethics Heroes: The Casey Anthony Jury

/ Jack Marshall / 46 Comments

America saved Casey Anthony, and we should be glad it did.

A Florida jury pronounced Casey Anthony not guilty of murder, aggravated child abuse or aggravated manslaughter in connection with the 2008 death of her two-year-old daughter, Caylee. It did find that she had lied to investigators and police, which was well-established during the trial.

Did she murder her daughter, as the prosecution claimed? Oh, sure she did; I don’t think any of the jury members will be asking Anthony to babysit for their kids any time soon. But the case against her was circumstantial. She was proven to be a liar, irresponsible, feckless, self-centered, deluded and callous, and the prosecution’s theory made a lot more sense that the defense’s alternative scenario. Still, there was not enough evidence to find Casey Anthony guilty of murder beyond a reasonable doubt. That’s the standard, not “it’s almost certain that she did it.” Despite all the media pundits who said it would be a slam-dunk conviction, despite all the community sentiment to make the party girl mother pay with her life for killing her child, the evidence to meet the intentionally tough standard of American justice just wasn’t there.

Already, reporters and commentators are comparing the verdict to the O.J. Simpson trial. Wrong. Continue reading →

In Search of Accountability, Fairness, Justice and a Champion: the Unending Persecution of Anthony Graves

/ Jack Marshall / 4 Comments

Job would pity Anthony Graves

Governments and other bureaucracies are capable of unimaginable callousness, stupidity, and wrongful conduct, allowing individual fools to multiply their power to harm exponentially, and then to see an inhuman computer-driven monstrosity run amuck as everyone denies responsibility. You could not devise a better example of this process than what Texas is doing to Anthony Graves.

He is an innocent man convicted of murder in 1994 who was released last October after spending 18 years in prison, condemned to death. He had been convicted with fabricated evidence and coached testimony employed against him by former Burleson County District Attorney Charles Siberia, and a state investigation got a Texas judge to set Graves free. But the maw of Texas bureaucracy wasn’t through ruining his life. Continue reading →