Yesterday at 1:40 p.m., a colleague rushed into my office to share the awful news: The Inquirer was about to print child molestation allegations against Daily News sportswriter Bill Conlin. Deadspin had the scoop. The local Twitter community exploded. Bloggers and news organizations (including this one) raced to further the story. And within a matter of two hours, Conlin seemed to plummet from legendary award-winning sports journalist to dirty old man in the eyes of many.
And that was before the Inquirer even ran its story.
But here’s the thing. The last time I checked, we still enjoy an ancient concept known as the presumption of innocence.
Oh, I know. You’re well aware of this concept: that the accused is innocent until proven guilty, that the accused has no obligation to produce evidence, that the accused has no obligation to make an argument or say anything, for that matter, and that the government has the obligation to prove guilt—beyond a reasonable doubt—and to get 12 people to agree to it, too. You “know it” like you read about it in school. But you sure are quick to forget about it in cases like this.
When it comes to crimes that aren’t of a sexually deviant nature, we’re usually willing to give people the benefit of the doubt and let them have their day in court. But with allegations of sexual abuse against children, well, we’re pretty quick to play the castration card. Perhaps it’s just because we don’t want to think about the acts, we don’t want to hear all the disgusting details, we don’t want to consider the evidence. It’s much easier to just imagine what we’d do to the person if we had five minutes alone in a room with him. We go to a primal, vengeful place.
Let’s be truthful: We don’t know what happened 40 years ago between Conlin and his niece. Sure, she’s a prosecutor. And sure there are other allegations. But so what? Allegedly is a word that we journalists use constantly when writing about crime. We argue with our editors and lawyers about how the repeated use of it makes a piece unreadable. Sometimes, to be clever, we put it in parentheses when we blog.
Of course, while Jerry Sandusky is going to have his day in court, Conlin never will, at least not criminally. Another ancient legal concept: statute of limitations. Because the accusers waited so long to tell their story publicly, Conlin can’t be prosecuted. And that’s a real crime. Conlin should have a chance to clear his name. And his (alleged) victims should have a chance at justice.





















December 21st, 2011 at 1:19 pm
Here’s the real test – put your children, grandchildren, and every relative of yours under age 12 with Conlin and Sandusky for a weekend.
December 21st, 2011 at 1:22 pm
December 21st, 2011 at 3:22 pm
Also, the tactics for this piece seem all to familiar.
December 21st, 2011 at 6:59 pm
The presumption of innocence pertains to criminal prosecution in the courts. The government must overcome it to convict defendant of a crime and penalized by the criminal justice system This is a good thing.
however, there is no legal or moral presumption of innocent with regard to whether people should believe in the guilt or innocence of a person. There are many circumstances where people are not or can not be brought to trial in a criminal matter. Examples include Hitler, Gaddafi and Stalin. Nobody would contend that there is any legal or moral basis that compels us to believe that they are all innocent.
The Conlin case involves a person accused of child abuse after the statute of limitations has expired. The legal system protects Conlin from criminal prosecution for this reason. But it does not require anyone to presume he is innocent. If your child told you that someone had abused him or her and it sounded ture and credible to you, you certainly have no moral obligation to presume the accused of being innocent until a criminal conviction is obtained.
There are many guilty as hell child sexual abusers who are guilty as hell that may never brought to trial, in part because of the statue of limitations. In this case, it so far appears that there are several credible accusers with nothing apparent to gain by going public at this time.
Anyone who wishes to judge Conlin or anyone else with respect to serious allegations should certainly carefully consider what they read. But i don’t think the public is well served by being told they have some obligation to presume anyone accused of crimes or bad behavior is innocent unless they are convicted in a criminal proceeding.
December 21st, 2011 at 7:56 pm
December 22nd, 2011 at 8:54 am
And while the statutes have expired from these accusers from 40 years ago, by them coming forward, it may embolden more recent victims, whose statues have not expired, to have the strength to come forward with charges.
And, if Mr. Conlin or Mr. Sandusky have any proof or evidence that they are not guilty, they do have some legal recourse. I mean, I remember from my Comm Law classes that there were these things called “Libel” and “Slander”…
December 22nd, 2011 at 12:25 pm
December 23rd, 2011 at 12:25 am
December 23rd, 2011 at 1:13 am