Rutten sees baloney in Kobe treatment

Finally got a moment to read the 'Regarding Media" column in this morning's L.A. Times. Tim Rutten, who reported extensively on legal issues during the O.J. Simpson trial, takes the tack that Kobe Bryant's presumption of innocence is at the least abraded, and possibly shredded beyond repair.

There was a bromide widely circulated among commentators at the time of O.J. Simpson's trial, that celebrities, particularly star athletes, are really the only people who actually enjoy the presumption of innocence to which all Americans accused of crimes are constitutionally entitled.

It was baloney then, and it's baloney now. For most Americans — and particularly for savvy, world-weary journalists — the phrase "innocent until proven guilty" is simply rhetorical salve used to grease the rails that line the road to conviction.

He also picks up on the debate over Kobe's privacy versus the accuser's:

Meanwhile, the cone of silence, which recently reformed criminal statutes and modern media custom reserved for women who lodge allegations of sexual assault, shields Bryant's accuser from anything even remotely approaching the scrutiny to which his entire life now is being subjected. Mainstream media outlets, including The Times, for now have placed off-limits widely reported information that may shed light on the young woman's personal situation and emotional state at the time she made her complaint.

To note this is not to argue that she should not be entitled to such privacy until a court deems the information relevant and admissible. But the question is, where is the similar deference to which Kobe Bryant is entitled?

5:40 PM Wednesday, July 23 2003 • Link
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Rutten is particularly good at picking out the fruits of the editorial "hysteria" driving much of the coverage -- e.g. his dry reference to "probing lifestyle features...about Eagle County, Colo." And surely he's right to knock the NYT for the purple prose of their profile of the DA there.

But I'm glad to see that he refuses to endorse the disturbing kind of stunt pulled by Tom Leykis and Luke Ford. Rutten's right, let the courts make the necessary decisions about the accuser's privacy, not tendentious media types pandering to the crowd.

It is lack of media restraint that has generated much of the unfairness to both Bryant and his accuser.

Posted by: Tim McGarry at July 23, 2003 06:42 PM

I hesitate to log in on this, but I am not unsympathetic to Luke Ford's views posted elsewhere on this site. Ford is more militant on this issue than I am (hey, he's younger!) but he sure has a point about things being tilted unfairly against Kobe... but then maybe I just can't shake a fan's awe.

Posted by: Roger L. Simon at July 23, 2003 08:09 PM

How can you tell what his views are? He's told so many different stories now to justify his actions that I'm dizzy. The rants he makes up against L.A. Observed are just bizarre and make him sound like a nut case.

Posted by: Desi at July 23, 2003 08:31 PM

I'm tired of this "innocent until proven guilty" mantra repeated by Rutten and the respectable media. This only applies legally.

Kobe may well be innocent yet found legally guilty or vice versa. A court ruling is not equivalent to truth.

Juries are not necessarily better forums for establishing truth than Joe Blow in his living room. To begin with, most jury members are morons drawn from the dregs of society. Witness the OJ Simpson criminal trial, where a double murderer was found not guilty because he was black.

I've served on juries where the blacks will not convict a black no matter what the evidence. This is common.

People reading about the Kobe case have a moral right to opine on this case to their heart's content, as do talkshow hosts.

According to the evidence revealed in the media so far, in my opinion, anyone who definitively states Kobe is guilty or innocent is a moron.

Posted by: Luke Ford at July 23, 2003 08:49 PM

Gee, Luke, talk about lack of restraint: "Most jury members are morons drawn from the dregs of society." Really? I've been summoned to serve next month, so I'll remember your statement. Maybe I'll wear a badge with the word "Dreg."

Let me add that I'm an old man and I've been on a lot of juries. My perception of what is "common" differs considerably from your perception. I've served on juries in a number of cases here in L.A. where the defendant was black, but there were no racial divisions when it came time to vote.

Posted by: Tim McGarry at July 23, 2003 09:48 PM

Luke: As one who has had the pleasure of being falsely accused of a crime (framed, frankly) and then having his name spread across the pages of a local newspaper, I assure you, a finding of "only legal" innocence is one hell of a nice relief. And, to have people I know tell me they do not believe I was innocent, in large part because they read it in the paper, is most devestating. All I was accused of was simple petty theft. I was placed under citizens arrest by someone with an obvious axe to grind and received a finding of factual innocence from the District Attorney. Yet, there are those who believe I did it. My burden, a decade later, while minescule, is a irksome point on a micro scale.

If Mr. Bryant is innocent (and I have no way of knowing either way - I will look to that silly legal system thing to guide me in my moral judgement of him) his reputation will be permanently sullied. And you will have helped set the stain.

Posted by: BobfromPlaya at July 23, 2003 11:42 PM

Bob, precisely how have I helped set the stain of Kobe's reputation? I have never argued for either his guilt or innocence and I have said that to proclaim either now is stupid and wrong.

Posted by: Luke Ford at July 24, 2003 07:34 AM

In regards to black jurors, because the African-American community is dominated by a liberal philosophy (based on voting records and party registration), it's more likely that a black person will have misplaced sympathies for people undeserving of the benefit of the doubt, or a distorted sense of who's truly guilty, who's not. It's sort of the reverse side of those racists who, all too frequently decades ago, absolved whites of murders of blacks.

However, what makes the simpleminded liberalism pervasive in too many black neighbhorhoods so much more self-destructive is that crime rates often are much higher there than elsewhere, including many of those places where horrible white bigots resided a long time ago (and I don't think the leftism of America's black community is necessarily any more connected to this country's history of racism and slavery, anymore than leftism in chaotic Third World countries is somehow due to the history of racism---or slavery---in those nations).

Posted by: Mills S. at July 24, 2003 01:10 PM
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