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Archive for the 'Journalism' Category

Gaining insight from inside the jury room

May 15th, 2009, 5:51 pm by Le Templar

superiorcourtweb

I’ve been away from this blog for a while because I spent much of the week serving as juror No. 1 in the state of Arizona v. Sara Byron, a criminal trial before Maricopa County Superior Court in downtown Phoenix.  Being called to jury duty is quite common these days, as at least one of every four adults in this county receives a summons in a single year. Perhaps that’s why so many people who came to the courthouse last week were visibly upset at the idea of getting picked for a trial, even if it lasted only a few days.

On the other hand, it’s still rare for daily news journalists to actually be sworn in. Too often, we know about the case at hand, or we know some of the court officials and law enforcement investigators involved, or we simply can’t be trusted to avoid news reports as the trial progresses.

So I had never been in a jury pool before, which disappointed me because I have long considered jury service to be one of the two basic duties of every U.S. citizen (the other duty is voting). I did have some idea how a Maricopa County jury works, thanks to a 2002 ABC television series called “State v.” But I always wanted to experience this firsthand. Juries from a cross-section of the community are an essential check on the power of a potentially overzealous government, an issue that came up in this particular trial.

Nervous about working with complete strangers who didn’t want to be there, I was pleasantly surprised by what happened. The five women and three men (and two alternates) were normal people with interesting lives who strove in small ways to make our task less onerous – from holding the elevator door for each other to sharing lunch bills to bringing donuts and other treats for the jury deliberation room. It also helped that all of us wanted to follow the rules as outlined by Judge John Hannah. And we shared the same views about the criminal case as soon as the closing arguments were over.

Sara Byron co-owned a dental office in Sun City West, and she was locked in a bitter legal dispute with another co-owner, the dentist, who claimed he actually controlled the business. About a year ago, someone went into the office in the middle of the night, poured gasoline around various pieces of the expensive equipment and started several fires which eventually burned themselves out.

Suspicion fell on Byron because the arsonist got into the building without breaking any door locks or windows. Her alleged motives were revenge against the dentist who dragged her into court, or to obtain insurance money to buy the business outright. But Byron pointed to her roommate and close friend Donavan Bering. After a series of interviews, Bering eventually confessed to the detective that she arranged for the arson with another roommate, Zachary Proctor, who was the one who entered the building and set the fires. Bering and Proctor both pleaded guilty to felony arson.

At this point, you’re probably wondering why Byron as the co-owner was on trial. Well, the roommate Bering said she actually planned the crime with Byron, who handed over a key to the office to make it happen. But Byron insisted the roommate was lying. Bryon told a sheriff’s detective she never would want the business destroyed; that’s why she had fought so hard with the dentist to keep it. Assistant Maricopa County Attorney Jon Wendell didn’t buy Byron’s story, and took the case to trial.

Unfortunately for the prosecutor, Bering was the only person to claim that Byron was part of the conspiracy, and Bering was a terrible witness. Her explanations changed wildly over time. She couldn’t reconcile her story that Byron expected the fire to be disguised as an accident for the insurance money, with how the arson actually was carried out in such an obvious manner. Byron’s defense lawyer, Justin Beresky, called a litany of witnesses who testified that Bering constantly lied about events in her life to manipulate other people.

Finally, Bering’s accomplice, who came across as far more credible, testified for the defense that he wasn’t given any reason to believe Byron was involved.

Once we jurors gathered in our windowless conference room, one woman didn’t even want to bother with deliberations. Quoting from the judge’s instructions, she argued for an immediate vote of not guilty, “The state has the burden of proving its case beyond a reasonable doubt, and this is not even close!”

But Carol the forewoman said we owed it to the state (and county taxpayers) to review all of the evidence and be confident in our final decision. That required about 45 minutes of discussion. As we kept identifying more holes in the prosecution’s case, several of us wondered why there was a trial in the first place. Wendell’s explanation in his closing argument, and again to the jurors after the verdict was read, was that Byron had to be guilty “because she was the only one who benefited” if the business was destroyed.

And that’s the ultimate beauty of including citizen jurors in the administration of justice. If you believe in the concept of innocent until proven guilty, then we never should convict someone simply because a government prosecutor or judge wants to believe that person did wrong. Jurors apply common sense and a diversity of experiences to test whether the accused really deserves to lose her freedom and reputation.

Sara Byron cried and whispered “thank you” as the jurors walked past after the judge had read our verdict. It was our reward for doing our duty as citizens in a country that values liberty so deeply.

EspressoPundit seeks to become a journalist

May 1st, 2009, 1:45 pm by Le Templar
Greg Patterson from www.espressopundit.com

Greg Patterson from www.espressopundit.com

If you are an Arizona political junkie, or just like to read about state politics online, then you’re familiar with the blog writing of Greg Patterson. For those who aren’t, Patterson is a former state lawmaker and current utility regulation lobbyist from Phoenix who, like many conservative Republicans, has a sharp dislike for traditional American journalism.  He was a pioneer among independent Arizona political bloggers and (among other topics) he has spent the last four years slapping around newspaper and broadcast journalists. He also occasionally breaks — or maybe I should say creates — legitimate stories about real controversies.

Patterson has tried to distinguish his views of individual journalists (he says he likes most of us working types) from his criticism of the process of journalism, which he clearly detests. But he has angered almost every journalist in the state with his practically gleeful running commentary on the financial woes of the newspaper industry.

So the buzzing in the journalism community went into overdrive when Patterson posted an item today asking if readers would pay subscriptions to make it worth his while to operate something more formal than a personal blog. Here’s a key quote:

“…I generally avoid providing the day-to-day updates and analysis that hardcore public affairs professionals require. That’s because that type of analysis can be time consuming to write and it has a limited appeal.”

Hmm, Patterson wants to get paid to write about what politicians are saying and doing? I think it’s time for Patterson to admit he’s secretly jealous of what we journalists do for a living. After, you can be cruelest to those you love the most, right?

I know some of my peers would point out that Patterson’s political biases and party loyalty clash with any traditional definition of credible, independent reporting. But as an opinion journalist myself, I certainly can’t complain about anyone who wants to make a living, or just a little money, for sharing their views with the public.

In fact, I hope Patterson does make an attempt to launch a for-profit news and opinion operation. He can join the ever-growing crowd in the 21st century version of American mainstream media.

‘And now, the rest of the story…’

March 2nd, 2009, 11:13 am by Le Templar
Paul and Lynne Harvey/AP Photo

Paul and Lynne Harvey/AP Photo

This weekend’s death of ABC Radio icon Paul Harvey has touched a lot of people. He even taught me something, although I’m sure it wasn’t a lesson he ever intended.

My first job out of college was with a small daily newspaper in Scottsbluff, Neb. In early December of 1994 or 1995, I wrote a story about a late-afternoon bank robbery in neighboring Gering, a town of about 8,000 people. Two criminals from out of town held up a local credit union, grabbed a few hundred dollars and fled out the back door. For reasons never explained, the robbers had parked their getaway car more than six blocks away. So the police summoned by a bank teller were able to nab both robbers on foot about a block before they reached their vehicle.

Any bank robbery in a small town is big news, so naturally my story was on the front page. I guess the novelty of what happened was intriguing enough that the story also traveled the news wires around the country.

A few days later, I was talking to the editor in his office and he happened to have Paul Harvey’s daily radio program on in the background. When Harvey said the words “Gering, Neb.,” we both went silent. Harvey was retelling the tale of the credit union robbery in his own unique style. In this case, that included a special “fact” that I hadn’t heard before, as Harvey claimed the bank robbers were forced to park so far away because of the Christmas shopping rush.

Now, folks who know Gering might burst out laughing at this point. That’s because Gering is a bedroom community that has a downtown, but it hasn’t enjoyed a Christmas shopping rush since the 1950s. I can say with certainty the robbers would have had no trouble parking within a few dozen yards of the credit union, if they had wanted to.

I can’t know if some wire service editor made an erroneous assumption, or if Harvey added that twist himself to make the tale more interesting to his millions of listeners. But what I learned that day is modern storytellers can be entertaining, but they don’t always work with the literal truth.

Lehrer, MacNeil share thoughts on state of journalism

November 24th, 2008, 1:03 pm by Le Templar

On Friday, I wrote about attending the annual fundraiser luncheon that benefits the Walter Cronkite School of Journalism and Mass Communication at Arizona State University. This weekend Tribune writer Ryan Gabrielson provided a short question-and-answer piece with the luncheon’s two main honorees, Jim Lehrer and Robert MacNeil from PBS. Their thoughts are revealing and succinctly sum up their speeches at the Cronkite luncheon. I only wish Ryan could have provided us with more!

Annual Cronkite luncheon goes on without namesake

November 21st, 2008, 3:11 pm by Le Templar
        WALTER CRONKITE

WALTER CRONKITE

I don’t like the various death watches that take place in American society as people wait for some aging celebrity personality to take one last breath. But it was hard not to think of the inevitable today when Win Holden, publisher of Arizona Highways, announced to a noontime crowd at the Arizona Biltmore resort that Walter Cronkite would be absent from the annual luncheon that carries his name to raise money for the institution that has become his legacy to journalism education. The 92-year-old television newsman must be ailing indeed for him to miss this event at a most auspicious moment for Arizona State University and its Walter Cronkite School of Journalism and Mass Communication. The school moved into a brand new, $85 million home in downtown Phoenix earlier this fall, and today was the 25th installment of the luncheon, the school’s biggest fundraiser each year.

The luncheon has been so successful over the years because of Cronkite’s personal involvement, which has helped ASU to convince the biggest names in American journalism to make the trip to Phoenix (usually from New York or Washington), accept an award and offer some inspiring thoughts. This year, the stars were Jim Lehrer and Robert MacNeil of PBS, and both men went to great lengths to emphasize what a special honor they were receiving.

“For people like us in television broadcasting, to be named among the best by Walter Cronkite is as good as it gets,” Lehrer said.

In Cronkite’s absence, ASU President Michael Crow took on a more prominent role in the proceedings. Crow staunchly defended his decision to invest heavily in upgrading the Cronkite School — highlighted by the new 250,000 sq. ft. headquarters. He repeated the statements of American founders who argued democracy can flourish only when the public has been properly informed by a free press committed to pursuit of the truth and to holding government accountable.

“We’re not crazy,” Crow said. “We’re dead serious, we’re dead serious, that the future of a free society, that the future of what we stand for, depends on the education of (journalism students) …”

Hugh Downs leaves journalism behind, endorses Obama

September 16th, 2008, 11:05 am by Le Templar

Hugh Downs, an East Valley resident and former host of ABC’s 20/20, broke his final tie to journalistic independence and has decided to support Democrat Barack Obama for president. The Obama campaign has scheduled a 3 p.m. news conference today at the Tempe campus of Arizona State University, where the school of communication is named after the TV legend. The campaign already has released a comment from him:

“I am proud to announce my support for Senator Barack Obama for
President.  At a time when our economy is faltering and our health care
system remains in crisis, we cannot afford four more years of the same
failed economic policies,” said Downs, 87. “Senator Obama has solid,
realistic plans to strengthen our economy, provide health care to every
American and create jobs across this great nation. Arizonans, like all
Americans, need the change that Barack Obama will bring to Washington.”

When Downs retired in 1999, he held a world record for the longest continuous appearence on network television. He started out in entertainment but transitioned into television news and came to reflect journalistic credibility similar to that of Walter Cronkite and other anchors of the main nightly news shows.

Downs had fallen somewhat from that perch with his slate of late-night informercials. But I have heard Downs speak a couple of times, including an appearence before the Arizona Senate a few years back, and I was impressed by his continued eloquence and insight driven by his perspective as an independent observer of events.

Endorsing Obama casts a partisan shadow over Downs’ stellar career, one that’s sure to inspire those who claim all journalists are liberal and subtly support Democrats in our work, whether or not we admit to it.

New ASU journalism school raises concerns about spending priorities

September 2nd, 2008, 4:15 pm by Le Templar

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ASU’S NEW WALTER CRONKITE SCHOOL OF JOURNALISM AND MASS COMMUNICATION (Tribune photo)

With a rapid decline of newspaper revenues and circulation, and broadcast media struggling as well, a lot of people predicting we are nearing the end of professional journalism as we know it today. But don’t tell that to the 1,200 students from Arizona State University who are attending journalism classes at a brand-new $71 million building in downtown Phoenix.

I participated last week in a tour of the new home for the Walter Cronkite Sschool of Journalism and Mass Communication that was sponsored by the Society of Professional Journalists. So I saw first-hand many of the issues that Tribune writer Ryan Gabrielson reported in his story today. In particular, I listened to school Dean Chris Callahan’s firm conviction that ASU journalism needed a new structure to prepare students for careers in a brave new world.

Previously, the journalism school had been spread out across a number of buildings on the main Tempe campus, and instruction took a silo approach. Students learned to be print journalists, or they learned to be TV anchors, or they learned to be photographers, or they learned to public relations experts. But rarely did they study a variety of forms and media platforms.

The new school brings everything together to emphasize digital-based curriculum that basically is supposed to prepare students to keep adapting as technology continues to change how information is gathered and is shared among people. Students can expect to be writers and videographers and sound producers and Web designers — all at the same time. Callahan also is forthright about his goal of transforming the Cronkite school into the best journalism program in the country. That means spending money on the space and equipment that will attract top faculty and students.

But I have to wonder about ASU’s timing for this venture, considering that state leaders have been told to expect the university will become a top research hub that will generate new jobs related to technology and bioscience growth sectors of the global economy. That’s supposed to be the justification for borrowing hundreds of millions of dollars for a variety of new buildings when state tax revenues are on a shaky footing. Can the state really afford to divert some of those resources to also compete with well-established institutions in the world of journalism?

Perhaps Callahan and ASU president Michael Crow have a stronger faith in the future role of journalists than I do. Or maybe I just don’t see glass-and-concrete marvels and gee-whiz gadgetry replacing proper instruction in fundamentals of good journalism — Seek the truth as independent observers and do your best to report it accurately.

Has it come to this: 24-hour stalking of local candidates?

June 20th, 2008, 5:48 pm by Le Templar

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LAURA KNAPEREK (left) AND HER DEMOCRATIC STALKER (Knaperek campaign photo)

   Tribune writer Gary Grado has reported this afternoon on a new low in Arizona politics – the partisan candidate stalker.
  The state Democratic Party has hired someone named David to follow and videotape every step of Laura Knaperek, a Republican candidate for the East Valley’s Congressional District 5. David showed up outside a Paradise Valley home Wednesday where Knaperek was holding a private fundraiser, apparently hoping to catch someone like Jack Abramoff or Charles Keating going inside.
   David deserves credit for being honest about who he was and what he was doing. And Knaperek has been classy in how she handled the situation, by offering David some relief from the sweltering heat and sending out a light-hearted news release about it today.
   But Knaperek told me she finds the whole situation a little creepy and I have to agree. Do Democratic Party officials really think they are going to find out something relevant by stalking Republican candidates even at private homes, do they hope to intimidate the opposition, or a little bit of both?
   I’m aware that journalists have been known to hang outside private fundraisers, but usually that’s because a very special donor is expected to drop by (like the president or Gov. Arnold Schwarzenegger) or the candidate has been unavailable for comment. We don’t normally linger in private neighborhoods trying to identify every donor to walk through the door.
   One other thought, just how much money does the state Democratic Party have to spend this year that it can hire someone to stalk a congressional candidate widely considered to be an underdog in a really crowded Republican primary? The answer to that question might be just as nerve-racking for Republicans across the state.

NBC’s Russert has died

June 13th, 2008, 1:03 pm by Le Templar

 

   NBC News is reporting that “Meet the Press” host Tim Russert died today of the heart attack while at work. Russert, 58, did not just host the highest rated Sunday TV talk show. He was a full-time working journalist and Washington bureau chief for NBC.
   In an era where the American public is increasingly disillusioned with journalists of all media, Russert was widely respected for his tough but fair questions and unpartisan approach to his job. This death is a huge loss for a news empire that has added increasingly partisan talk shows to its line-up including MSNBC’s Keith Obermann and Chris Matthews.

Arizona honors investigative reporter Jerry Mitchell, journalism at its best

September 24th, 2007, 2:05 pm by Le Templar

Jerry MitchellThe Arizona Newspaper Association held its annual fall convention last week in Scottsdale. The Tribune was honored Saturday as the Newspaper of the Year for the fourth consecutive time. But another moment earlier in day was particularly inspiring to me. Investigative reporter Jerry Mitchell of the Clarion-Ledger in Jackson, Miss., spoke about a nearly 20-year career devoted to revisiting unsolved murders from the civil rights era of the 1960s.Mitchell spoke at a Saturday luncheon during which he received the ANA’s Zenger Freedom of the Press award. Past notables to also receive this honor include UPI reporter/columnist Helen Thomas, CBS news anchor Walter Cronkite and investigative reporter Seymour Hersh.Mitchell is best known outside of his home state as the newspaper reporter in "Ghosts of Mississippi." This excellent movie starring Whoopi Goldberg provides a dramatic account of how the murder case against white supremacist Byron de la Beckwith was reopened more than 30 years after NAACP field secretary Medgar Evers was shot in the back outside his home.Mitchell says he was motivated to start looking into old shootings, lynchings and bombings after watching an earlier fictional movie, "Mississippi Burning." He received a tip about secret state records showing ties between police and Ku Klux Klan types that would provide a partial explanation as to why many of the murders of civil rights activists in the South never were solved.Along with de la Beckwith, Mitchell’s stories also led to the 1988 conviction of Sam Bowers for the murder of a voting rights activist and the 2002 conviction of Bobby Cherry for the bombing of a Alabama church that killed four children. In the second incident, Cherry had maintained his innocence for decades by claiming he was home watching wrestling on TV. Mitchell was able to prove no such program was broadcast in the area on the day of the bombing."In every one of these cases, the killers (had) walked free even though everyone knew they were guilty," Mitchell said Saturday.Mitchell speaks in the same lyrical and haunting tone that you can find in his most compelling stories. He talks with quiet passion about spending hours interviewing people such as de la Beckwith; racists whom Mitchell openly describes as "evil" but whose points of view were equally important to provide an objective accounting of the past and the present.As Mitchell continued to expose political and cultural corruption that had protected those who used violence and murder against the civil rights movement, he was asked to write about his newspaper’s own racist past. Mitchell said the Clarion-Ledger had been one of the South’s leading apologists for white supremacist attitudes during the 1960s. As an example, on the day after Martin Luther King gave his "I have a dream" speech, the newspaper’s headline about the civil rights march read, "Trash taken out in Washington." Death threats against Mitchell and his family have been a constant part of his life, and his newspaper has faced a lot of pressure over the years to leave the past alone. But Mitchell said no reporter worthy of the title should turn a blind eye to injustice."Good journalism doesn’t wait on public opinion to change history," he said.While Mitchell has received plenty of journalism awards, his real legacy will be the return of integrity to the Mississippi justice system and elsewhere. A total of 28 people have been arrested, and 23 convicted, because of Mitchell’s work. Six other states and the Justice Department have now reopened more than 100 other cases from that era.

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