Justice delayed: many in the media jettisoned
caution--and the presumption of innocence--in their coverage of an
alleged rape by Duke lacrosse players, and were too slow to correct the
record as the case unraveled. But some journalists distinguished
themselves with skeptical and incisive reporting.
by Smolkin, Rachel
As Reade Seligmann choked back tears on the witness stand, the
21-year-old Duke University lacrosse player dubbed "Flustered"
by teammates was poised, compelling and clearly hurting. He told of a
world turned "upside down" and of experiencing "as lonely
of a feeling as you can ever imagine" after he was indicted for
allegedly raping a stripper at a team party on March 13, 2006. He
described the stinging slights from former friends, the terrifying death
threats--and the inescapable media horde.
On April 18,2006, Seligmann and teammate Collin Finnerty were
arrested on charges of first-degree rape, first-degree sex offense and
first-degree kidnapping. After posting bond, Seligmann hurried out the
back of the Durham County Jail, but there was no hiding from the media.
"We pretty much had to run to our car to get there," he told a
hushed courtroom and a disciplinary panel of the North Carolina State
Bar on June 15, 2007. "From that initial bum rush to our car, that
was the beginning of just a media frenzy for an entire year, and it
continues now."
Michael B. Nifong--the district attorney who pursued Seligmann,
Finnerty and teammate David Evans even as evidence of their innocence
mounted and his case imploded--was held accountable for his actions.
Hours after Seligmann testified, Nifong announced his intention to
resign; the next day, he was disbarred.
The media incurred no such penalties. No loss of license, no
disciplinary panels, no prolonged public humiliation for the reporters,
columnists, cable TV pundits, editorial writers and editors who
trumpeted the "Duke lacrosse rape case" and even the
"gang-rape case" in front-page headlines, on the nightly news
and on strident cable shoutfests.
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Of course, Nifong had information and power the media did not. His
failing in the case cannot be overstated, nor can it be equated to that
of a throng of journalists and pundits, however odious some of their
reporting and commentary.
But the media deserve a public reckoning, too, a remonstrance for
coverage that--albeit with admirable exceptions--all too eagerly
embraced the inflammatory statements of a prosecutor in the midst of a
tough election campaign. Fueled by Nifong, the media quickly latched
onto a narrative too seductive to check: rich, wild, white jocks had
brutalized a working class, black mother of two.
"It was too delicious a story," says Daniel Okrent, a
former New York Times public editor, who is critical of the Times'
coverage and that of many other news organizations. "It conformed
too well to too many preconceived notions of too many in the press:
white over black, rich over poor, athletes over non-athletes, men over
women, educated over non-educated. Wow. That's a package of sins
that really fit the preconceptions of a lot of us."
The lessons of the media's rush to judgment and their affair
with a sensational, simplistic storyline rank among journalism's
most basic tenets: Be fair; stick to the facts; question authorities;
don't assume; pay attention to alternative explanations.
"The outcome of this whole story is square pegs can't be
fit into round holes, and we saw the dangers of what happens when modern
media attempts to do that," says Duke senior Ryan McCartney, who
for much of the saga was editor of the Chronicle, the independent
student newspaper. "Hopefully this case will kind of go down in the
books as a lesson to media organizations on all levels to ...
second-guess themselves any time they think a story is clear-cut."
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Too often, the preconceptions--rather than the facts--dictated not
only the tone of the coverage but also its volume and prominence.
"I think that you begin by being prudent," Okrent says.
"And that's not the way that the American press began on this
story. You begin by being prudent and, as things develop, that
determines whether you amp up the volume or not. Here it began with a
roar at the very start. It went in the wrong direction. If it had begun
calmly and prudently, it never would have become a roar."
The roar began on March 24, 2006, when Raleigh's News &
Observer broke the news on its front page that "all but one member
of the Duke lacrosse team had reported to the Durham police crime
lab" for DNA testing. "Police think at least three of the men
could be responsible for the sexual assault, beating, robbery and
near-strangulation of one of two women who had an appointment to dance
at the party March 13, according to a search warrant," the story
said.
As the shocking allegations ricocheted across the nation and a
media mob descended on Durham, the district attorney served up salacious
sound bites affirming a certain crime with chilling racial overtones. On
March 31, 2006, Nifong told the N & O that he'd given "in
excess of 50" interviews; he also spoke publicly on the case. He
called the players "hooligans." He told MSNBC, "I am
convinced there was a rape." He proclaimed, "I'm not
going to allow Durham's view in the minds of the world to be a
bunch of lacrosse players from Duke raping a black girl in Durham."
Following the Nifong playbook, many in the media abandoned the
possibility of innocence. "I'm so glad they didn't miss a
lacrosse game over a little thing like gang rape!" CNN Headline
News' Nancy Grace exclaimed March 31, during a broadcast in which
she portrayed the athletes as rich, privileged jocks.
Even for reporters concerned with evenhandedness, Nifong's
on-the-record proclamations complicated the coverage. When the media
pursued Richard Jewell, who was wrongly suspected of the Centennial
Olympic Park bombing in Atlanta, some journalists irresponsibly ran with
off-the-record leaks from law enforcement sources (see "Going to
Extremes," October 1996). In this instance, Durham's DA
condemned the team for attribution. Journalists who ignored the horrific
allegations or the inflamed racial and class tensions in the community
would have neglected what seemed to be an important story.
A fast-shifting set of facts and the team's reluctance to
speak publicly also flummoxed reporters early on. "The ground was
moving underneath your feet," McCartney says. "It was true for
the administration, it was true for the lacrosse players, it was true
for the media, it was true for us as student journalists. We were just
trying to get our bearings.... It takes a very bold person to step back
and say, 'They're getting it wrong.'"
National and international coverage tended to focus on strains
between "town and gown," depicting an elite, largely white
university colliding with the working-class, racially mixed city that
surrounds it. The privileged nature of Duke's students,
particularly its athletes, was frequently invoked; references to
Duke's "Gothic" architecture and the schisms of the Old
South were also popular. Several accounts noted that Duke was thought to
be the model for the hard-partying, elite institution portrayed in Tom
Wolfe's 2004 novel, "I Am Charlotte Simmons," which also
featured rich lacrosse players.
"University rape highlights racial divisions in South,"
proclaimed London's Sunday Telegraph on April 2, 2006. "Lax
Environment; Duke lacrosse scandal reinforces a growing sense that
college sports are out of control, fueled by pampered athletes with a
sense of entitlement," said a Los Angeles Times headline on April
16, 2006. A March 31 USA Today story weighed in on the divisive
atmosphere: "The racially charged lacrosse team sexual assault
scandal that is roiling Duke University has also exposed deep divisions
between the elite private school and the more humble Tobacco Road
community that surrounds it."
The New York Times, which would publish more than 100 pieces on the
case, first weighed in on March 29, after Duke suspended the team's
season. The page-one story headlined "Rape Allegation Against
Athletes is Roiling Duke" contained no reference to Nifong's
heated campaign for district attorney (he'd initially been
appointed to the post), which many observers later said motivated him to
hurtle forward with a disastrous case.
Times Executive Editor Bill Keller says criticism of his
paper's performance has "in some instances been unfair to the
point of hysteria." But he also says, "I think we were a
little slow to get traction on the story, frankly. Partly we were slow
figuring out who had custody of the story: sports, national,
investigative. It took us awhile to get specific people focused on this
as their responsibility."
Keller says the Times tended to cover the saga episodically
"rather than early on focusing a lot of investigative energy on the
story. It took us longer than it should have for us to give the holes in
the prosecutor's case the attention it deserved." He adds that
reporters' jobs were complicated initially because the defense
wasn't talking.
Nifong showed no such restraint, accusing the players of hiding
behind "this stone wall of silence." He told CNN, "[i]t
just seems like a shame that they are not willing to violate this
seeming sacred sense of loyalty to team for loyalty to community."
In reality, the co-captains had voluntarily given statements and taken
DNA tests; they also offered to take polygraph tests.
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