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12-08-2011, 02:48 PM   #1
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Presumption of Innocence and Trial by Media:

This is specifically not about discussing Sardusky and his crimes nor an excuse to go over, once again, all of the lurid and distasteful details of the crimes that he is accused of.

Rather, it is about trial by media.

How can Sardusky possibly be given a fair trial when everybody, including myself, has already found him guilty based on the media blitz. The sensational media including television runs riot over this concept.

How can society possibly balance freedom of the press with the justice system and your right to a fair trial including the presumption of innocence?

In effect, the presumption of innocence is ridiculous and a farce in cases similar to this.

12-08-2011, 02:59 PM   #2
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people who don't tune into sportscenter did not get blitzed by the coverage. The same thing happens with all kinds of high profile cases such as Casey Anthony, OJ Simpson, Bill Jefferson, Rod Blagoyovich (sp)... apparently if you look hard enough you can find 12 jurors and some alternates who live in a cave.
12-08-2011, 03:34 PM   #3
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The Bernie Fine case is much more egregious. Three accusers, one of whom is an admitted child molester, none of them particularly credible. One of the accusers denied any wrong doing by Fine in three previous investigations. The Onondaga County DA however has publicly declared Fine guilty, but he is unable to charge him. The third accuser, facing several years in prison, has now sued for $40 million. The third accuser has been declared a liar by his father, and the DA. The US Attorney has been building a case based on a lie. Hopefully he will prosecute the third accuser for Perjury by false affidavit.
12-08-2011, 03:55 PM   #4
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What is even more disturbing is the statements by the DA, the lawyers for the complainants... what ever comes of the criminal trial, these lawyers are sowing the seeds for the civil trial. What ever happened to "I can't comment on this case because it is still before the courts."... I have a suspicion that if these lawyers and the DA in this case we in Canada or England, they would be found to be in contempt of court... and the cases they are claiming to championing would be thrown out. The thing is, rather than going straight to trial, the grand standing by both the lawyers and the DA continues unabated. I wonder how these individuals who are the victims will be served if a Judge decides that because of the publicity around the case Sandusky can't get a fair trial. If I were Sandusky's defence lawyer, that is absolutely the first road I'd go down.

12-08-2011, 04:26 PM   #5
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QuoteQuote:

In effect, the presumption of innocence is ridiculous and a farce in cases similar to this.

I agree with your general drift, but the presumption of innocence is only required by the jury. Most everyone else thinks the accused is guilty - that's why there is a trial.
12-08-2011, 04:27 PM   #6
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QuoteOriginally posted by normhead Quote
......... I wonder how these individuals who are the victims will be served if a Judge decides that because of the publicity around the case Sandusky can't get a fair trial. If I were Sandusky's defence lawyer, that is absolutely the first road I'd go down.
Absolutely right Norm - the most important factor I can think of in this case, even above the rights of Sandusky!
12-08-2011, 04:47 PM   #7
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Sex abuse suspects just about never get an unbiased trial because of the press. I've long been of the belief that cases of this nature should not be released to the press at all because of it.
I recall a case that happened her a couple of decades ago where an entire junior hockey team was charged with gang raping a hockey groupie. The players lives were pretty much ruined. The only problem was, it never happened.
Unfortunately, that wasn't big news, and the girl who brought the false charges was never identified.

12-09-2011, 09:23 AM   #8
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Legal experts say Onondaga County District Attorney William Fitzpatrick overstepped his boundaries | syracuse.com
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