KBTX and The Walker County DA's Office Oppose the Concept of Bail?

Link: http://www.kbtx.com/home/headlines/District_Attorney_Not_Happy_About_Suspected_Murder_Bonding_Out_135902438.html

© ignoranceorapathy.com 12/16/2011
http://www.kbtx.com/home/headlines/District_Attorney_Not_Happy_About_Suspected_Murder_Bonding_Out_135902438.html

We all know true journalism died long, long ago. It was dead shortly after the end of WWII. This little piece of journalistic malpractice just made me shake my head.

KBTX channel 3 is the local CBS affiliate, last night (Dec. 19th, 2011) they ran a story, oh and what a story it was.
Headline: District Attorney Not Happy About Suspected Murder Bonding Out.

The headline and the aired story make you almost believe that a convicted murderer has been released from custody without spending a day in jail.

We will get to the DA in a moment but for now lets focus on the miscarriage of journalism.
The story they ran goes:

The Walker County District Attorney says he doesn't like the idea that a man charged with shooting a man to death was able to post bond and get out of jail, but says it was one of the highest bonds ever set for a suspect…

The story continues:

…was arrested for murder and aggravated assault, but a couple of days later he posted bond. The Garcia family is upset that Splawn was released from jail after posting his $130,000 bond.

The story goes on to say:

The family presented a petition with over 200 names--- all who believe that Splawn's release from jail is unfair.
….
The district attorney says he will present the petition in court. Garcia says there are several supporters still wanting to sign it.

And I love this part:

The family tells us their fuel for continuing to fight for justice…

Justice? This story actually ran on the evening news, broadcast to the public.
Yes, I know, your heart goes out to the family, I do understand that, but, you cannot run a story like this. This story violates every principle of journalistic integrity. This is not news it is at best propaganda and at the very worst, jury and witness tampering. This story, run as it was, with no foundation in the law will only serve to inflame the public and the prospective jury pool.

Follow up:

Now for the nuts and bolts of why this is so bad.
http://www.usconstitution.net/const.html#Am4

The bill of rights to the U.S. Constitution protects all of us from over zealous police and prosecutors and from the government itself.

5th Amendment:
... nor be deprived of life, liberty, or property, without due process of law;...

6th Amendment:
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, ...

8th Amendment:
Excessive bail shall not be required, nor excessive fines imposed,...

Every citizen in this country has a right to seek bail when accused and arrested for a crime. That system was ingenuously designed by our framers to prevent the government from just throwing accused persons in jail with out the hope of a fair trial or the support of evidence.

The accused in the story was arraigned and his bail set, the prosecutor had the option of opposing bail and giving evidence as to why the accused should remain in custody. He failed to compel the court and bail was set. The prosecutor now seeks another bite at the apple. It appears by this story they intend to use the media and inflame the family in order to do so. It also appears that what passes for journalists at KBTX are more than willing to abide the cause.

The Walker County District Attorney’s office should be well versed in the law and the rights of the accused. The accused in the story, and I say accused, he has not been indicted by a grand jury (as of this post), he has not been tried and convicted, he is at the time of his bail, just that, he stands accused. Innocent until proven guilty beyond a reasonable doubt, or at least that is supposed to be how it works.

We are a nation under the rule of law, not the rule of men or the court of public opinion. Certainly not the rule of emotional family members.

Had this story been run as an OP-ED or an opinion segment, then I would have no quarrel. If KBTX had asked the Walker County district attorneys office if they would care to comment, they should have declined. This is an ongoing investigation and prosecution; they have no place making prejudicial statements to the media for public broadcast.

I understand the family is upset, and frankly who wouldn’t be?
This News(?) story goes over the line.
Think of it from this perspective: what if the accused were you, your spouse, your son or daughter or other family member, or maybe your neighbor?

This story, as it was run, and the actions of David Weeks the Walker county district attorney have done nothing to serve true justice and our civil rights. What KBTX News(?) 3 and David Weeks have done is provide grounds for an appeal. Should Mr. Weeks prove his case in court and obtain a guilty verdict, the defense can simply point to this story and the actions of the district attorneys office and claim a purposeful contamination of the jury pool. They could easily convince an appeals court that the accused could not possibly have received a fair trial as this story and the DA’s office sought to inflame the public against the accused before he was even indicted for the crime.

All of this is my opinion and my reaction to the story as it ran on television.
If it can be proven the accused did in fact commit the offense the he must be punished. Our society is one of the rule of law. We all must be treated fairly and equally under the law. Journalistic malpractice like this and the willingness of the DA’s office to aid in it bothers me. Urging the emotional family on as if some great miscarriage of justice has occurred is wrong and actually cruel.

P.S. My family and friends are taking up a collection for my bail and legal defense after this posting.

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