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Friday, September 1, 2017

Journalistic Blogging

     The debate regarding blogging versus journalism involves the question of whether or not a blogger can be a journalist…Is there a sharp distinction between the two disciplines, or has time blurred that line?…

Blogging is Not Journalism

     When blogging first became a popular method of content distribution, this opinion was likely the most correct view. In the earliest days of blogging, even the best blogs incorporated a good deal of opinion and were relatively light on actual journalism. Indeed, this opinion still holds a fair amount of currency to today's more developed blogosphere…

Blogging is a Training Ground For Journalists

     Other people see blogging as a step along the road to becoming a journalist…Proponents of this opinion say bloggers can gain the tools to operate in a newsroom environment…

It's Not the Source, It's the Quality

     Rather than judging the medium with wide sweeping strokes, blogging should be judged on the basis of content…This view, which notes a distinction between the products of personal blogs and news sites, holds water in light of expert blogs. After all, if you're looking for information, you're likely to be better served by visiting a specialist blog rather than relying on the coverage of a writer less well-versed in that particular field…As bloggers become better and more experienced, they can become some of the best resources in their given field, especially if that field is underserved…In the end, there's little that distinguishes a good blogger and a good journalist, and the line between the two is hazy at best. A blogger may inject a little bit more analysis into a post than a journalist does in a news article, but when a blogger tracks down sources, does investigative reporting, and presents the fact clearly and fairly, that is journalism, plain and simple….

Jacob Friedman, "Blogging Versus Journalism: The Ongoing Debate," thenextweb.com, August 18, 2010


Thursday, August 31, 2017

Crime Lab Problems

In recent years, the integrity of crime laboratories has been called into question, with some heavily publicized cases highlighting (1) unqualified practitioners, (2) sometimes lax standards that have generated questionable or fraudulent evidence, and (3) the absence of quality control measures to detect questionable evidence. In one notorious case, the Texas Department of Public Safety confirmed serious inadequacies in the procedures used by the Houston Police Department Crime Laboratory, including routine failure to run essential scientific controls, to take adequate measures to prevent contamination of samples, to adequately document work performed and results obtained, and to follow correct procedures for computing statistical frequencies. There have been a number of other dismaying reports about crime labs--most recently, the San Francisco drug lab--that suffer from problems like those uncovered in Houston.

Judge Harry T. Edwards in Forensic Testimony (2013) by C. Michael Bowers

Monday, August 28, 2017

The Phantom Education of Illiterate Football Players

     If I had ever turned in a 146-word paper to one of my professors, I can assure you I would not have received an A- even if they were the most brilliant 146 words written in English. But apparently if you're an athlete at the University of North Carolina, those 146 words don't even have to be grammatically correct. Former professor Mary Willingham provided the essay as an example of the sort of "work" that UNC athletes are allowed to get by on at the school, and the image has certainly sparked conversation around the topic.

     It's one thing to know that athletes who attend schools where sports are a priority get special treatment and are often given grades they don't deserve just to keep them on the team. But it's a whole new thing to see a one paragraph essay that makes up a fictional conversation between Rosa Parks and a bus driver and know that the jock who wrote it got a better grade than a lot of students got for their well-reseached 10-page essays. But according to Willingham, who spent 10 years tutoring student athletes before turning whistleblower, this sort of thing happens all the time.

     "I became aware of this 'paper class' system, she told ESPN, "where students would take classes that didn't really exist." Formerly called "Independent studies," these "paper classes" involve no attendance, and in fact only require students to write a paper, at least according to Willingham. And the papers the students produce are far from college quality; in fact, Willingham says, some of the players only have a second grade reading level, which for an adult is functionally illiterate….

     In the ESPN segment, Willingham's allegations are backed up by former UNC athlete Duenta Williams, who added that advisors at the school were mostly interested in ensuring that he remained eligible to play, not in ensuring he got the best education possible. They both also claim that the NCAA turned a blind eye to these practices….[If American high schools didn't graduate illiterates, we'd still have college football, it just wouldn't be as professional. The problem is in our public education system where sports is also more important than academics.]

Emma Cueto, "This 146-Word Essay Earned UNC Athlete An A-, Says Former Professor," Clementinedaily.com, March 28, 2014 

Friday, August 18, 2017

Jury Duty in the George Zimmerman Murder Trial

I want people to know that we [the six-woman jury] put everything...into this verdict. We thought about it for hours and cried over it afterwards. I don't think any of us could ever do anything like that ever again. I have no doubt that George [Zimmerman] feared for his life in the situation he was in at the time. I think both [he and Trayvon Martin] were responsible for the situation they had gotten themselves into. I think they both could have walked away. [When the jury in the Zimmerman trial began their deliberations, three were for acquittal, one for second degree murder, and two for the manslaughter charge.]

Juror B 37, George Zimmerman murder trial, Sanford, Florida 2013 

Saturday, August 12, 2017

A Hit and Run Suspect Almost Escaped to Jordan

     A man wanted in a hit and run crash that left a 73-year-old man with severe injuries was minutes away from fleeing the country when U.S. Customs and Border Protection agents intervened and took the suspect into custody….Arlington, Texas police had an arrest warrant for Omar Mohammad, 25, and had contacted U.S. Customs and the Department of State, thinking Mohammad might be a flight risk. And they were right….

     Police informed federal investigators at 5:30 PM Wednesday, February 19, 2014 about Mohammad….That information came just in time. That flight, on its way to Jordan, was already on the tarmac and ready to depart….

"Texas Hit-And-Run Suspect Captured on Tarmac," CBS News, February 24, 2014


Friday, August 11, 2017

Destroying Pornographic Evidence in a Closed Murder Case

Legal experts say the destruction of evidence in a fatal Ohio rape case was likely justified by harm that could occur if the material became public. At issue are photos and audio and video recordings collected in the investigation into the 2012 death of Deanna Ballman and her nearly full-term child at the hands of a doctor convicted of killing her with a heroin overdose. Delaware County Judge Duncan Whitney approved a prosecutor's request late last year to destroy the evidence once the case is wrapped up. Assistant Delaware County prosecutor Kyle Rohrer argued the evidence was obscene because its purpose was to arouse lust….

"Judge Backs Destruction of Evidence in Ohio Rape Case," Fox News, February 9, 2014 

Monday, July 31, 2017

The Jason Young Murder Case

In November 2006, 29-year-old Jason Young and his 26-year-old wife Michelle lived in a suburban home outside of Raleigh, North Carolina. They had a 2-year-old daughter named Cassidy. Michelle was five months pregnant with their second child. It was not a happy marriage. He had several girlfriends, and as a salesman for a medical software company, he spent a lot of time on the road. Michelle told friends and relatives that she hated her life.

     On the morning of November 3, 2006 Jason was out of town. The previous night he had checked into a Hampton Inn in Huntsville, Virginia 169 miles from Raleigh. At nine that morning, he left a voicemail for Michelle's younger sister, Meredith Fisher. Jason asked Meredith to stop by his house and retrieve some papers for him. (I presume he told Meredith he had called home and didn't get an answer.)

     Later that morning, Meredith Fisher entered the Young house on Jason's behalf. When she climbed the stairs to the second floor, she was shocked by the sight of bloody footprints. In the master bedroom she discovered her sister lying facedown in a pool of blood. The victim, wearing a white sweatshirt and black sweatpants, had been bludgeoned to death beyond recognition. Meredith found Cassidy hiding under the covers of her parents' bed. She had not been harmed, but her socks were saturated in her mother's blood. Meredith Fisher called 911.

     According to the forensic pathologist who performed the autopsy, the assailant had struck Michelle Young at least thirty times in the head. The attacker had tried to kill the victim by manual strangulation before beating her to death. The extent of the head wounds suggested an attack by an enraged, out-of-control killer who hated the victim.

     The authorities, from the beginning, suspected that Jason Young had snuck back to North Carolina from Virginia, murdered his wife, then returned to the Hampton Inn. The killer had not forced his way into the house, nothing had been taken, and the little girl's life had been spared. At the time of the murder, Jason was having an affair with one of his wife's friends. The couple had been fighting, and Jason had made no secret of the fact he wanted out of the marriage.

     From a prosecutor's point of view, there were serious holes in the Jason Young case. The suspect had an alibi 169 miles from the murder scene, and there was no physical evidence linking him to the carnage. Moreover, no one had seen him at the house on the night of the murder. Even worse, investigators had not identified the murder weapon. As a result of these prosecutorial weaknesses, the Wake County District Attorney's Office did not charge Jason with the murder of his wife.

     Michelle Young's parents were convinced that Jason had murdered their daughter. When it became apparent that the authorities were not taking action, they filed a wrongful death suit against him. In March 2009, two years and four months after the homicide, the civil court jury, applying a standard of proof that is less demanding than a criminal trial's proof beyond a reasonable doubt, found the defendant responsible for Michelle's brutal killing. The jurors awarded the plaintiffs $15.5 in damages.

     Eight months after the civil court verdict, a Wake County prosecutor, based on a three-year homicide investigation conducted by the City-County Bureau of Investigation, charged Jason Young with first-degree murder. Police officers, on the afternoon of December 15, 2009, arrested Young after pulling over his car in Brevard, a town in southwest North Carolina. The local magistrate denied him bail.

     The Jason Young murder case went to trial in Raleigh in June 2011. The prosecutor, following his opening statement in which he alleged that the defendant had drugged his daughter that night with adult-strength Tylenol and a prescription sedative, put on an entirely circumstantial case that relied heavily on motive.

     The defense attorney hammered home the fact the prosecution could not place the defendant at the scene of the murder. The state did not have a confession, an eyewitness, or even the murder weapon. Jason took the stand on his own behalf and told the jurors that when his wife was murdered, he was sleeping in a hotel 169 miles away. He said he had loved his wife and their unborn child.

     On Monday morning, June 27, 2011, the foreman of the jury of seven men and five women told the judge that the jurors were "immovably hung" on the verdict. "We currently sit," he said, "at a six to six ration and do not appear to be able to make any further movement. Where do we go from here?"

     The trial judge instructed the jurors to return to the jury room and try to reach a verdict. But later in the day, after deliberating a total of twelve hours, the foreman announced that they were deadlocked in an eight to four vote in favor of acquittal. The judge declared a mistrial.

     The Wake County District Attorney, determined to bring Jason Young to justice, announced that he would try him again. Jason, who had been incarcerated in the Wake County Jail since his arrest in December 2009, went on trial for the second time on February 10, 2012.

     The prosecutor, in his opening statement, alleged that the defendant had checked into the Hillsville Hampton Inn just before eleven on the night of November 2, 2006. An hour later he left the building through an emergency exit he had propped open with a rock to avoid using his computer card key to re-enter the hotel. According to the prosecutor, the defendant arrived at his Birchleaf Drive home at around three in the morning. Shortly after his arrival, he drugged his daughter and murdered his wife. After cleaning up and disposing of his bloody shirt, shoes, and trousers, and ditching or cleaning off the murder weapon, he returned to the hotel, arriving there around seven in the morning.

     Following the testimony of the victim's sister, Meredith Fisher, and the testimony of several other prosecution witnesses, a Hampton Inn hotel clerk took the stand. According to this witness, he had found the emergency door on the first-floor stairwell propped open with a rock, He also noticed that in the same stairwell, someone had unplugged the security camera and turned its lens toward the ceiling.

     One of the City-County Bureau of Investigation crime scene officers testified that it appeared that someone had moved the victim's body to get into the defendant's closet. The detective said that despite all of the blood on the upstairs floor, certain items such as the sink drain had been sanitized by the killer. The investigator said he did find traces of blood on the knob to the door leading from the house to the garage. This witness had been present when, on the day after the murder, the suspect's body was checked for signs of trauma related to the killing. No injuries were found.

      A second detective testified that the dark shirt the defendant was seen wearing on hotel surveillance video footage was not in the suitcase he had used on that trip. The implication was that the defendant had disposed of the bloody garment.

     Included among the prosecution witnesses who took the stand over the next two weeks were two daycare employees who said they had seen Cassidy Young acting out her mother's beating. The girl was using a doll to demonstrate the attack. A therapist took the stand and testified that a week before her death, the victim had come to her seeking counseling to cope with her unhappy marriage. In the therapist's opinion, Michelle Young had been verbally abused by her husband.

     Jason Young's mother and father took the stand for the defense. On November 3, 2006 Jason had driven from the Hampton Inn in Virginia to his parents's home in Brevard, North Carolina. His mother testified that when they broke the news to him that Michelle had been murdered, "you saw the color just drain from his face."

     On February 29, 2012 the defense rested its case without calling Jason to the stand. (The defense attorney was probably worried that the prosecutor, having studied Jason's direct testimony from the first trial, would rip him apart on cross-examination.)

     The prosecutor, in his closing argument to the jury, said, "This woman wasn't just murdered, she suffered a beating the likes of which we seldom see. This woman was punished. The assailant struck her over thirty times with a weapon of some sort, and she was undoubtedly unconscious after the second or third blow."

     The defense attorney pointed out the weaknesses in the prosecution's case, talked about reasonable doubt, and reminded the jury that being a bad husband did not make his client a murderer.

     On March 5, 2012, after the jury of eight women and four men had deliberated eight hours, the judge, before a packed courtroom, read the verdict: guilty of first-degree murder. The 38-year-old defendant, after the judge announced the verdict, showed no emotion. Facing a mandatory life sentence without the chance of parole, Jason Young was escorted out of the room in handcuffs.

     Following the trial, several of the jurors spoke to reporters. Two members of the jury said that the lack of physical evidence in the case pointed more to the defendant's guilt than his innocence. For example, what happened to the shirt and shoes he was seen wearing on the hotel surveillance footage? A third juror found it incriminating that Cassidy had not been murdered, and possibly cleaned-up after the attack.

     The prosecutor in the Jason Young murder trial, the second time around, turned a weakness--a lack of physical evidence--into a strength. In the era of the "CSI" television shows, advanced DNA technology, and high forensic expectations on the part of juries, this was an unusual case. 

Saturday, July 8, 2017

Who's Protecting Our Personal Data?

     Corporations have to be urged to better screen job applicants and to restrict access to sensitive information. Anyone working in the  payroll or personnel departments of a company would have continuous access to the private information of all employees, and they ought to be carefully screened. But if a company doesn't lock its file cabinets containing that information or protect computerized files, then anyone in the company has access to them. Anyone involved in processing expense accounts, including the secretary who first collects them, gets to look at personal data.

     Many companies use temporary employees. Do they screen them? Does the agency that sent them screen them? Lots of businesses, especially smaller ones, outsource things like payroll services. What's the security policy of those outside vendors? Do they even have any? You don't know the names of the people working there who are routinely handling your employees' private records.

Frank Abagnale (Of Catch Me if you Can fame), Stealing Your Life, 2007

Tuesday, July 4, 2017

What is Literary Talent?

What is literary talent? A nimble fluency. A way with words. An imagination that's easily aroused, quick to see, to hear, and to feel. An ear for the music of the language and a tendency to become absorbed in the mysterious movements of its significance and sound. A sense of audience. Skill at organizing verbal concepts solidly, effectively, and fairly swiftly. An aptitude for catching the elusive forms and figures of a vivid imagination and a knack for pinning them down on a page.

Stephen Koch, Writer's Workshop, 2003

Saturday, June 17, 2017

Market Oriented Publishing

     Trivia has swamped contemporary literary life and become, it seems, more important than the books. A book's blurb is more important than the book itself, the author's photograph on the book jacket is more important than its content, the author's appearance in wide-circulation newspapers and on TV is more important than what the author has actually written.

     Many writers feel increasingly uncomfortable in such a literary landscape, densely populated with publishers, editors, agents, distributors, brokers, publicity specialists, bookstore chains, "marketing people," television cameras, photographers. The writer and his reader--the two most important links in the chain--are more isolated than ever.

Dubravka Ugresic, Thank You For Not Reading, 2003