OpenCDA

August 13, 2008

Too Much Information

Filed under: Probable Cause — Bill @ 1:51 pm

 KXLY television in Spokane is reporting that three arrests have been made in the recent deaths of a young couple near Dobson Pass. 

According to KXLY, Shoshone County Sheriff Charles Reynalds said two of the three suspects have made admissions about their involvement in the crime. 

Sheriff Reynalds may regret regaling the press with those alleged admissions (or “confessions”, depending on which news account one reads).  Though he is in Idaho, Washington State’s Bench Bar Press Guidelines state the principle Sheriff Reynalds might want to follow:

The release of certain types of information by law enforcement personnel, the bench, and the bar and the publication thereof by news media generally tends to create dangers of prejudice without serving a significant law enforcement or public interest function. Therefore, all concerned should be aware of the dangers of prejudice in making pretrial public disclosures of the following:

  1. Opinions about a defendant’s character, his guilt or innocence.
  2. Admissions, confessions, or the contents of a statement or alibis attributable to a defendant.
  3. References to the results of investigative procedures, such as fingerprints, polygraph examinations, ballistic tests, or laboratory tests.
  4. Statements concerning the credibility or anticipated testimony of prospective witnesses
  5. Opinions concerning evidence or argument in the case, whether or not it is anticipated that such evidence or argument will be used at trial. Exceptions may be in order if information to the public is essential to the apprehension of a suspect or where other public interests will be served.

The local news media which have picked up this story need similar admonition.  

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