I've been wondering that as the date for the trial has come closer and now that jury selection is beginning, I really have to wonder how a jury will even be able to be found that can honestly say they would be impartial. The most recent reporting from the Blade and other media on Joe Kidd was beyond the pale. Here is a man who was granted immunity and before the trial even starts? He's out there, adding to the possible corruption of a jury pool. Then of course the whole Bernadette Noe, "Stand by your Man" media episode. It's understandable that the media is going to cover this story and information on the trial such as rulings, witness lists, etc; but the amount of sensationalism is of almost epic proportions.
Take today's Blade and the quote from Bob Bennett, the head of the Ohio Republican Party:
“Noe lied to nearly everyone. He stole money meant for injured workers and he broke the law. It is as simple as that. The criminal is responsible for his crime and if people want to shift blame for Noe’s criminal actions, they are doing it for partisan political purposes,” Mr. Bennett said. “Tom Noe is a crook. He should go to jail.’’
Judge Osowik correctly took issue with "manipulation of the judicial process". "You lose credibility," the judge said. "To me it looks like a manipulation of the judicial system, especially so close to the trial date." However we all know the media is the one who also created this situation and obviously given the "I was afraid I'd loose my job" Joe Kidd two part series, and some of the quotes in the media the "manipulation of the judicial process" is still happening. If the Bernadette Noe reporting was wrong, then the Joe Kidd reporting and the numerous people all willing to line up and declare Tom Noe guilty without a trial are wrong too.
The legal system is designed so that everyone is supposed to be innocent until proven guilty. Yet, outside of the courtroom everyone is so quick to pass judgement. Many of our local residents seem to enjoy with a great amount of relish when someone who was "mighty" falls, some of them have gone as far as to comment with glee about what Tom Noe can expect when in prison. This behavior of course isn't just limited to Lucas County but we seem to do a very excellent job here in the grudge holding department.
Think about this for a moment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
I'm not the only one who thinks the media and the public has killed the theory of innocent until proven guilty. While I don't agree with Doc Farmer on all of his statements (especially about the lib/dem/soc/commie media) he makes several good points:
A few centuries ago, a new nation was born. It was born in blood and fire, but based on principles, honor, and respect. Above all, it did something that no other nation had done previously – it put the rights of the individual above the rights of the state. It also did something quite novel for the time. In those days, if a crime was committed, the accused was assumed by the state to be guilty. He, or she, had to prove their innocence.
Then, America came along. With the outrageous notion that persons accused of a crime were innocent, until the state could prove their guilt. I'm sure it had George III's head spinning. Maybe that's what drove him nuts. That, or the fact that a piss-ant bunch of rag-tag colonists opened up a six-pack of whup-ass on his professional army. Oh, wait, they didn't have six-packs back then, did they? Well, a flagon of whup-ass, then.
For the next two centuries or so, this belief, this legal institution held sway. I'm sure some guilty men and women went free in those intervening years. And sadly, some innocent people were jailed – or worse – in that time. On the whole, however, the system did work...
Now, if the media or political opportunists decide you're guilty, then no amount of proof, no amount of truth, no amount of law will protect you. You no longer have any right to innocence in the court of "public" opinion.
Anyone who is totally honest can't lay all of the blame on the media, we are the ones that they are trying to "entertain or inform" and if more of us made it perfectly clear that we want this type of media reporting to stop, if we "voted with our remotes" or with our subscriptions or even with letters of complaint it would stop because the bottom line of most media is revenue.
What I find most ironic is in a country where it is said nine out of ten adults believe in God, we can't follow something as simple as:
Judge not, that ye be not judged. For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured unto you.
Or those that prefer the "modern" translation:
Do not judge others, and you will not be judged. For you will be treated as you treat others. The standard you use in judging is the standard by which you will be judged.
Even the bible has a name for that...Thou hypocrite...
:-)
UPDATE: 10/11 - Toledo Blade:
Judge Thomas Osowik dismissed 15 other potential jurors yesterday, seven of whom made it clear they felt Noe was guilty as charged.
With so many jurors jettisoned from the jury pool, Judge Osowik ordered an additional 75 jury candidates in hopes of finding 12 who can be “fair and impartial.”
..........................
This post was included as a part of the Carnival of Ohio Politics, where some of Ohio's best bloggers share their posts with you thanks to Paul Miller of Northwest Ohio Net.
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5 comments:
I suppose we can hope that the judicial process will work as it should and that an impartial jury will be chosen. I would hope that both sides would work overtime to make certain that those chosen for the jury will be as impartial as possible.
I think if the judge believed that Noe couldn't get a fair trial in Lucas County, he would have agreed to Noe's motion for a new venue. As it is, Noe is stuck with Lucas County - and The Blade.
And we all know that The Blade is going to milk this one for all it's worth - whether it's good journalism or not (eek!!..good journalism and The Blade...nah, will never happen).
That quote from Bob Bennett was harsh, but was also a darn good quote - I'm just not sure that it was necessary. But then again, The Blade is going to make certain that their stories are as sensational as possible. This sensationalism is unfortunate and is irresponsible journalism.
What we need to remember is: This is a huge story for Lucas County, Toledo, the state of Ohio and the GOP. It MUST be reported with accuracy, sensitivity to the judicial process and with the knowledge that everyone IS innocent until proven guilty. We can only hope that someone at The Blade remembers this and that they avoid (from this point on) convicting the man in the pages of their paper.
Lisa,
You bring up a very good question, “Can Tom Noe receive a FAIR trial?”
And, who in the region hasn't heard of, seen, or read of the, shall we say, inflammatory coverage this story has been given by the Toledo Blade?
I suspect that the geographical limitations of the definition of a fair and impartial trial by a jury of Tom's peers may be impossible, thanks primarily, but not only to, the Blade's obsessive "coverage."
As much as I feel that everyone should be held accountable for their actions, the Media may have seriously compromised that possibility in Tom’s case.
This may very well be a case of the jury pool being pre-conditioned to already believe that Tom is guilty.
And, I suspect that his lawyer(s) may agree. . .
I have the same hope Traci but, it is going to be difficult to get an impartial jury. You may find people who say they will be impartial but it's really hard to judge bias and I'm really not sure how much research Noe's defense did in presenting a credible case to the judge in requesting a change of venue. Then of course the question of can a high profile media case get a fair trial anywhere is a part of this.
This case has the legal side then of course the political side where it is important to Democrats as well since there are very few that have not used a connection to Tom Noe as a reason to not support a Republican they are running against.
There are definite problems with the system of pay to play here in Ohio. Regardless of what happens with this Tom Noe trial the whole way the coin investment happened in the first place is a failure of the government of Ohio. So if Tom Noe is found guilty, while at that point he would be a criminal, anyone who knew about the irregularities that were involved in the whole creation of this in the first place are also responsible. It's like leaving the bank door and bank vault open and unlocked after a bank closes then being surprised that someone took some money.
Our government needs to end this system of rewarding cronies with appointments and other "benefits" and that needs to happen both on a Republican controlled state level and on a local level too. Both Democrats and Republicans have exhibited this behavior so I hope that this situation is a wake up call to everyone that it needs to stop and now.
Bob Bennett has presided over an era of unprecendented sleaze in the Ohio Republican Party.
When will we see his resignation?
Noe was empowered by Bennett's candidates and buddies, and by Bennett himself.
Mr. Noe can get a fair trial. However, as a Republican and as a man who has found religion, he should step up and accept responsibility for his wrong doing. By doing this, he would spare the taxpayers the expense of a trial.
Unlikely, he will do this though, as most high profile Republicans seem to simply want to blame someone else.
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