Today's editorial about a gag order
http://www.herald-sun.com/opinion/hsedits/56-738548.html
Gag order cannot ensure a fair trial
The Herald-Sun
May 25, 2006 4:53 pm
Because of all the publicity surrounding the Duke lacrosse case and defense attorneys' unrelenting assault on the alleged rape victim's credibility, the state NAACP plans to ask for a gag order to ensure the alleged victim receives a fair trial.
Al McSurely, an attorney who chairs the legal redress committee for the state chapter of the National Association of Colored People, contends that defense attorneys are violating the State Bar's rules of professional conduct, which frown on comments outside of court that could prejudice a case. If that is the case, then the State Bar ought to police the behavior.
"We are seeing powerful forces trying to remove that right from her," McSurely said Wednesday during the inaugural Durham Conference on the Moral Challenges of Our Culture held at First Presbyterian Church in downtown Durham.
Over the past month or so, the impact of defense attorneys' constant chipping at the alleged victim's credibility has been clearly evident on these pages. Many of our readers are absolutely convinced beyond any reasonable doubt that the alleged victim is lying about what took place March 13-14 at 610 Buchanan Blvd. And it's probably pretty safe to say that many of them formed their opinions about the case after hearing persuasive defense attorneys do what they are paid well to do -- defend their clients.
We acknowledge that there certainly exists the possibility that the alleged victim, who was hired to strip at a wild lacrosse party, isn't being truthful about what happened in the bathroom. (She contends that she was raped, robbed and beaten that regrettable night.) But how anyone who was not present in the bathroom can claim to know for certain that three lacrosse players accused of rape are innocent isn't being honest.
With that said, we don't believe that a gag order, no matter how well intentioned, will help the alleged victim one bit. In fact, the more we learn, the better are her chances of getting a fair hearing. Seldom, if ever, has anything good come from the squelching of free speech.
And we don't believe that District Attorney Mike Nifong would be best served either if a judge muzzled defense attorneys. Nifong, through no fault of his own, is under a cloud of suspicion for pursuing this case in light of what his critics view as flimsy evidence.
There are some who believe that he only pursued the case to win over black voters -- the alleged victim is black, the players are white -- in the recent election. Imagine the outcry if defense attorneys were all of a sudden gagged.
No, the best way to ensure fairness is through the unfettered flow of information.
URL for this article: http://www.herald-sun.com/opinion/hsedits/56-738548.html
Fixed it.