As a journalist, crime reporter or otherwise, one is taught to endeavor to show not just both sides but all sides of a story. That can sometimes be complicated.
For me, however, writing about people being arrested is typically pretty straightforward. It irks me, though, that although there are usually just two sides, when someone is initially charged with a crime, I can only report the cops’ or prosecution’s side of the story. That feels like condemning a person without a judge or jury to hear their side of story.
Please allow me to explain.
So here’s how my day usually starts: I check out the inmate list from the Gallatin County Detention Center. If there’s a new arrest (you can tell by the number of days an inmate is listed as having been in) and if it is a felony worth reporting (assault, homicide, selling methamphetamine … you get the picture), I go to court and get the affidavit of probable cause (known in the biz as the APC).
The APC lays out, from the law enforcement officers’ perspective, why the guy or gal should be charged — their report of what happened, if you will. That’s where the bulk of my story about that arrest originates.
Often the inmate will have an initial appearance that morning where his or her bail is set. So here’s where you’d think I’d be able to hear the arrested person’s side of the story.
Not so in most cases and this is why.
Defense attorneys usually advise their clients to plead not guilty and say little in court initially. This gives the attorneys a chance to get up to speed. You see, I get those APCs about the same time the defense attorneys do — sometimes before them even. It just depends on who shows up at court earlier.
Because defense attorneys don’t typically know their clients or their stories when they first meet after their arrests, they aren’t able to devise a defense for that initial hearing and, therefore, aren’t interested in commenting to the press at that point. Rightfully so.
Of course, the prosecution wrote the APC so always has the upper hand initially.
For me, as a journalist, I can only write the facts as I know them and since I make it a habit to stay out of trouble, I’m not usually around when a crime is committed. Thus, the one-sided stories about arrests.
Once the case gets underway in the justice system, however, I sincerely endeavor to show every facet of it. It’s not easy sometimes given space constraints and my propensity to write too much (this blog entry evidence of that, no doubt). But it is a fascinating process.
There’s more to this story but it will have to wait for another day. I would love to hear your comments about this post.