That’s the bottom line and not much more needs to be said. Tradition, wins, records, none of them have anything to do with this situation.

Let me ask you a question:

Do you REALLY think that Joe Paterno or any other decent human being would have done nothing if they were in possession of credible evidence that children were being abused?

Why is it so hard for all the media to believe that the Grand Jury report may not be accurate and that Jerry Sandusky is innocent as he claims to be.

The issue that should also be discussed by ALL REPORTERS in connection with this case (as in the Duke case) is the real dominance and unchecked power that prosecutor’s across this country have over the indictment process. Some will argue that a trial before a jury is a check to this power, which ultimately may be true. However, in this day of immediate media coverage and electronic access to public records revealing pending criminal charges, a felony indictment alone can destroy a reputation and a career.

”The grand jury is an integral part of our constitutional heritage which was brought to this country with the common law. The Framers, most of them trained in the English law and traditions, accepted the grand jury as a basic guarantee of individual liberty; notwithstanding periodic criticism, much of which is superficial, overlooking relevant history, the grand jury continues to function as a barrier to reckless or unfounded charges . . . . Its historic office has been to provide a shield against arbitrary or oppressive action, by insuring that serious criminal accusations will be brought only upon the considered judgment of a representative body of citizens acting under oath and under judicial instruction and guidance.” United States v. Mandujano, 425 U.S. 564, 571 (1976) (plurality opinion).

Grand juries are to operate under the direction but not the control of the prosecutor. However, in reality prosecutors in almost every jurisdiction in this country have unfettered control over the indictment process. They are the gatekeepers of all information that is presented to the grand jury. They are often the only individuals present other than the jurors themselves. They submit the “evidence”, which can contain facts and statements traditionally inadmissible before a court at trial, and they make the only arguments. Their version of the case is completely uncontested and one-sided. The defense has no right to present evidence to the grand jury or to have a lawyer present. Witnesses who testify before the grand jury have no right to have a lawyer present with them before the grand jury. In fact, there is no one present, or any mechanism in place, to prevent a prosecutor from misleading a grand jury, whether by direct falsehood or by the omission of exculpatory evidence, to get an indictment. There is no judge or moderator to guarantee that the evidence presented is fair, accurate and complete.

Sadly, it has been said, and it is true, that even an inexperienced prosecutor can convince a grand jury to indict a ham sandwich.

In the initial stages of a prosecution, when a decision is made to indict an individual for a criminal offense, it is of fundamental importance to the functioning of our criminal justice system that prosecutors be dedicated to Truth and Justice. However, whether it is a result of indifference, immense case loads, a jaded belief that everyone who encounters law enforcement must be guilty, or most sinister, personal motivations outside the pursuit of justice, people are wrongly indicted in this country every day.

As is apparent from the Duke case, from the uncomfortably large number of wrongly convicted people being cleared by DNA evidence after years of incarceration, or from countless reported cases involving prosecutorial misconduct, prosecutors often disregard their incredible power and their corresponding responsibility when presenting a case before the grand jury. They forget the harm their abandonment of the search for justice can have upon the confidence given our criminal justice system, not to mention the devastation of being wrongly accused and convicted.

You as well as everyone in the MEDIA need to respond with greater deliberation.

Shame on you!