Media and Public Outreach - PowerPoint Presentation

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Media and Public Outreach

Jason M. Mount, Scott CountyPatricia A. Baldwin, Hendrix CountyRodney J. Cummings, Madison CountyConnie Smith, IPAC Public AffairsSlide2

Public Relations CommitteeSlide3

Public Relations Committee

Connie Smith

Public Affairs OfficerSlide4

Public Relations Committee

2014 Criminal Code Reform (HB 1006)

With the Legislative Committee, designed a series of monthly “Op-Eds”

Overview

Drug Crime

Burglary

Suspended SentencesChild Pornography / Crimes against Children

Asked that individual prosecutors release them in their own jurisdictions

Took advantage of the LOCAL PROSECUTOR’S role as the EXPERT on PUBLIC SAFETY and CRIMINAL JUSTICE.Slide5

Strength in NumbersSlide6

PR and CommunicationsSlide7

PR and Communications

A General ApproachEthical Consideration

Special Responsibilities under IRPC 3.8

Office Media Policy

Newspapers

Radio & Television

When the National Medial DescendsPress ReleasesPress Conferences

Self Promotion / Public Awareness

Open RecordsSlide8

National/Regional/Local Media

Regional Outlets

Television Stations

Regional Daily Newspapers

News Radio / NPR Affiliate / “Talk” Radio

Social Media and “Blogging” outlets

In larger counties, Regional Outlets are also the Local OutletsWill generally only be interested in the “big news”, major cases sensationalism and controversy.

Usually looking for a “bad guy.”

Less interested in “good news.”

More interest in Population centers.Slide9
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Regional Media

Floyd County

Clark CountySlide11

National MediaSlide12

National MediaSlide13

Local Media

Local Outlets are still important

Local Newspapers

Local Radio

Club & Organizational Newsletters / School Papers & Programs

Kiwanis / Lions / Pilot Club / Rotary, etc.

E-mail ListsChamber of Commerce

Organizational Lists

Law Enforcement / School Employee Lists

Social Media / Facebook Groups

Local news is interested in YOU

Always looking for CONTENT and GOOD NEWSSlide14

Local MediaSlide15
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Local Media

You are a main source for local newsGet to know your local reportersLocal Newspapers will pick up PC Affidavits

Write the Affidavit with the newspaper in mind

Will often be used word-for-word

Interested in much less serious items

More interested when the incident occurs

Often less interested in judicial outcome / sentencing

Use this to your advantage

Follow up by email or telephone. Correct errors.

Remind them of important dates

Sentencing hearings in blind pleasSlide20
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Local Media

Create Positive NewsSpeaking engagementsLocal Clubs, School & Community Events

Awards Presentations

Outreach Luncheons, Awareness Events, etc.

New hires

Sentencings

Program focus

IV-D Collections

Grant Programs

Drug Enforcement / Conviction Statistics

Social Media

ALWAYS take a photoSlide25
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Bit.ly/GNC0614Slide27
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IRPC 3.6 & 3.8Slide29

IRPC 3.6 & 3.8

Remember your goal: To provide the defendant with one, and only one, fair trial, resulting in a reliable conviction, in your jurisdiction.Slide30

IRPC 3.6 & 3.8

“A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.”Slide31

IRPC 3.6 & 3.8

A lawyer may state (“Safe Harbor”):The claim, offense, or defense involved and, except when prohibited, the identity of persons involved;

The charges

Information contained in a public record;

The PC Affidavit

That an investigation of a matter is in progress;

The scheduling or result of any step in litigation;

A request for assistance in obtaining evidence and information;

A warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest.Slide32

IRPC 3.6 & 3.8

A lawyer may state:In a criminal case:

The identity, residence, occupation, and family status of the accused;

If the accused has not been apprehended, information necessary to aid in apprehension of that person;

The fact, time, and place of arrest;

The identity of Investigating and arresting officers or agencies and the length of the investigation.Slide33

IRPC 3.6 & 3.8

Presumed to be Prejudicial:Character, credibility, reputation, or criminal record of a party, suspect, or witness, or the identity of a witness, or the expected testimony of a party or witness;

The possibility of a guilty plea or the existence or content of any confession, admission, or statement given by a defendant or suspect, or that person’s refusal or failure to make a statement.

The performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented;Slide34

IRPC 3.6 & 3.8

Presumed to be Prejudicial:Any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration;

Information that the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and would if disclosed create a substantial risk of prejudicing an impartial trial; or

The fact that the defendant has been charged with a crime, unless there is included therein a stated explaining that the charge is merely an accusation and that the defendant is presumed innocent until and unless proven guilty.Slide35

IRPC 3.6 & 3.8

“A criminal charge is merely an accusation. Every defendant is presumed innocent until and unless proven guilty.”Press Releases

Interviews

Press Conferences

State aloud

Print on agendas or handouts

Social Media / Websites

Consider RECORDING statements yourselfSlide36

Special Responsibilities of a Prosecutor (IRPC 3.8)

The prosecutor in a criminal case shall:Refrain from prosecuting a case not supported by probable cause;

Make reasonable efforts to assure the accused is advised of the right to counsel;

Not seek a waiver of pretrial rights from an unrepresented person;

Timely disclose all exculpatory and/or mitigating evidence;

Not subpoena a lawyer to present privileged information about a client; Slide37

Special Responsibilities of a Prosecutor (IRPC 3.8)

“Except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused . . .”Slide38

Special Responsibilities of a Prosecutor (IRPC 3.8)

“and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this rule.”Slide39

Special Responsibilities of a Prosecutor (IRPC 3.8)

Staff / EmployeesWho is “officially” allowed to comment and on what?“What happens in the Prosecutors Office STAYS in the Prosecutors Office.”

Regularly review relevant rules

IRPC 1.6, 3.6, 3.8, 4.2, 4.3, 5.3, and 8.4 to name a few.

Social Medial Policy

No discussing cases, defendants, witnesses, victims, or co-workers.

No commenting on other people’s posts re: cases or defendants.

Do not confirm or deny any information.

Do not engage in gossip.Slide40

Special Responsibilities of a Prosecutor (IRPC 3.8)

Law EnforcementAdvise them annually in writing of the rule (sample letter)Designate certain officers to speak

Chief, PR Officer, Sgt. Detective, etc.

Review rules generally with these officers

LEA during investigation / Prosecutor’s office during Prosecution

In high profile cases, cover the specific do’s and don’ts

Consider a joint press conference

Monitor traditional and SOCIAL MEDIA for LEA statements

Politely address issues as they arise

Require LEA to use disclaimer in written releasesSlide41

Special Responsibilities of a Prosecutor (IRPC 3.8)

Victim / Family / Witness

Bit.ly/IPAC14Slide42

Special Responsibilities of a Prosecutor (IRPC 3.8)

Victim / Family / WitnessFoster a good relationship

Communicate regularly and personally

Nominate a Family Contact / Spokesperson

Remind them:

They do not have to talk; encourage them not to

We want to ensure ONE fair trial in YOUR jurisdictionSave the facts for court / there will be a time to talk later

Every statement they make becomes cross examination fodder

Every statement is an opportunity to misspeak or be misunderstood.

Could create appealable or Brady issues.

This includes SOCIAL MEDIA.Slide43

Special Responsibilities of a Prosecutor (IRPC 3.8)

Victim / Family / WitnessUltimately, you may not be able to stop them

They may want to complain publically about you, the investigation, or LEA

If they talk

Offer to be with them

Ask that you be notified

Ask that they focus on:The victim and his/her recovery

Relief that the matter was solved / is being pursued

Moving forward, not looking back

Don’t focus on the defendant or his/her actions or words

Try the case in the COURTROOM and not the press.Slide44

Media and Public Outreach

JASON M. MOUNTScott County Prosecuting Attorney1 E. McClain Avenue

Scottsburg, IN 47170

(812) 752-8466

j

ason.mount@scottcounty.in.gov

@Jason_MountSlide45

When a Major News Story Happens Slide46

Getting information out to the mediaSlide47

Press ConferenceSlide48

Patricia Ann Baldwin

Prosecuting AttorneyHendricks County55th Judicial Circuit6 S. Jefferson St.Danville, IN 46122

pbaldwin@co.hendricks.in.us

Phone:

(

317) 745-9283FAX: (317) 745-9290

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YOU WON

We are all stars in our communitiesYou just won a big electionEveryone loves for youYOU HAVE REACHED YOUR PEAK OF POPULARITY

NOW YOU START PROSECUTING YOUR NEIGHBORSSlide50

PROJECT AN IMAGE

Everyone knows who you areBut what kind of prosecutor You can use your responsibility to inform the public to fashion an imageSlide51

LIMITATIONS

IRPC 3.6 AND 3.8IN RE THE MATTER OF CARL J. BRIZZI Cause No. 49S00-0910-DI-425 Slide52

Count I State v. Mendenhall

-“When the officer opened the cab of the truck, you can imagine his surprise because the cab was awash with blood.”-victim’s blood “soaked” the seats of Mendenhall’s truck.“he was confident that he had enough evidence to convict Mendenhall”Slide53

- Mendenhall admitted to the police when arrested that the victim was shot in the back of the head at an Indianapolis truck stop but denied being the murderer

- “It’s almost as if he (Mendenhall) wanted to be caught and then play a game of I’m smarter than the police.”- “DNA analysis shows that it’s not just the blood of one victim but the blood of several victims”Slide54

- “a .22 caliber handgun used by Mendenhall in the killings was found in the truck.”

- “enough blood matching the DNA of the victim’s parents was found inside the cab of Mr. Mendenhall’s truck that she could not possible be alive.”- he is “working with other jurisdictions to see the quickest way and the best way to punish (Mendenhall) with the ultimate punishment-a capital sentence.”Slide55

State v. Desmond Turner

- “According to the probable cause affidavit, Desmond Turner and James Stewart thought there was a large amount of money and drugs at 560 North Hamilton Street. They weren’t going to let anyone or anything get in the way of what they believed to be an easy score. There was no money in that house. There were no drugs. Seven bodies were carried out, including those of three children.Slide56

- “I would not trade all the money and drugs in the world for the life of one person, let alone seven. Turner deserves the ultimate penalty for this

crime.”- Regarding the swiftness with which the death penalty was filed, Brizzi said, “The evidence is overwhelming. There are several aggravators present, any one of which would merit the death penalty. To do otherwise would be a travesty.”Slide57

NEWSPAPERS

- Develop relationships with reporters- Be accessible- Off the record- Reporters have pressure to get stories

- Probable Cause Affidavits

- Editorials

- Don’t Comment on another prosecutors case

- Avoid conflicts with companies that buy ink by the barrel.Slide58

PRESS CONFERENCE

- Control the location- Control who has access- You don’t want your opponents heckling you- Don’t be drawn into answering questions that can result in disciplinary action

- Be careful about a written press release

- Avoid reading from a press release

- Feeding frenzySlide59

Television News

- Relationships- Who speaks for your office- Dress well- Be professional

- Media fatigue

- Prosecutors are one case away from losing an election

- Investigative Reporters

- Trust is earnedSlide60

NATIONAL NEWS

- Don’t Be Seduced- Expect a debate- Someone with an opposing view - News shows are entertainment- Respond to the attack, don’t react

- Trust is earnedSlide61

OUTREACH

- Website- Newsletter- Radio- Facebook

- Public Service Message

- Computer Cop