Tuesday, February 06, 2007

How About Some Due Process?

43-year-old Allan Grabinski was arrested in a sting operation conducted by Clackamas County Sheriff’s Office and KPTV along with other Oregon law enforcement agencies.

The Beaverton Father is a graduate of Roseburg High School & Oregon State University and a Civil Engineer / Architect with ODOT.

None of this information is a secret, at least not anymore.

Yes, thanks to the ever-increasing need for sensational local stories, our friends at KPTV have made sure Mr. Grabinski’s life is over –
I mean O V E R!
He was unfortunate enough to even have his parents up in Beaverton visiting from Roseburg at the time of the arrest. I’m sure they are pleased. His kids will be ridiculed at school, he will most likely lose his job with the State of Oregon, In all honesty, I don’t know if he is currently married, but chances are if he is, he won’t be much longer.

While I’m all for Justice, I’m not sure these televised stings are the way to get it.

Should Mr. Grabinski have been arrested? Based solely on what I’ve seen on KPTV and KPTV.COM, yes. But, I assure you there is more to the story than we’ve seen. A good attorney will point that out.

As mentioned many times on this web site, we are a nation of laws. While Mr. Grabinski may have been in violation of laws that pertain to pedophilia, as near as I have seen, all they have him on is intent.

Our constitution says innocent until proven guilty. In these televised sting operations, it would appear that the arrestee is caught, charged and convicted right in front of the entire viewing audience.

The fact is, some of these people do not end up being convicted for a number of reasons. I’m not here trying to say whether that’s good or bad. My point is, whether a guy is a pervert or really is the pizza delivery guy that’s just a little too stupid to articulate a reasonable explanation as to why he was bringing the 15-year-old girl pizza, national broadcasts of what is presumed to be happening should cease.

At the very least, I can see where these local broadcasts will contaminate the eventual jury pool. That alone should be reason enough to stop them.

Oh oooh, I can already hear you, “Dude! What about Freedom of the Press?”

In this day and age when information is dispensed instantaneously, it seems that a little thing they used to call ‘common sense’ went out the window. If the press gave a rats ass about a guy getting a fair trial or how blurting out this information might destroy his family even though they don’t have a clue if he’ll be found guilty, “Freedom of the Press” might mean something.

It would seem that in most cases all they care about doing is getting something sensational in print or on air faster than the next guy. If there are some ‘discrepancies’ we’ll do a retraction tomorrow on page 3 or at the end of the 11:00pm broadcast.

Once convicted I have no problem with showing the arrest, any text communication or any other evidence that lead up to the arrest and conviction.

A sharp attorney is going to argue entrapment and probably win. The sad thing is, it will probably be with the most vicious and vile of offenders.

As I see it, when these situations are televised, the alleged perpetrator’s family become victims as well as the ‘actual’ victim. I know, the argument is, “Well I guess he should have thought of that before he decided to do whatever it is he did.”

Yes, but a victim is a victim and while the ‘actual’ victim is granted anonymity if they request it, the alleged perpetrator’s family can be granted no such thing in these televised incidences.

And what if the alleged perpetrator is found not guilty? Does he immediately get his job back, the love and respect of the community he served back, his wife and family back? How about the lives of his wife and children? Do the schoolmates take back the hurtful ridicule? I suspect it just continues.

To hurt a child is wrong, but there are many ways in which children get hurt. In the case of Mr. Grabinski, there was no ‘actual’ victim except for his children. While Mr. Grabinski certainly appears to be guilty, KPTV is not without a certain amount of culpability in the hurting of Mr. Grabinski’s children.

Hurting Mr. Grabinski’s children for the sake of a few poultry ratings points is unforgivable. It’s almost like saying a local television station can be (not solely responsible for but) party to possibly marring Mr. Grabinski’s children for life and that’s ok but for Mr. Grabinski to arrange a date with someone that as it turns out doesn’t exist should be a jailable offence.

Whenever possible, we should do our best to protect the children and not go out of our way for sensational reasons and hurt the innocent. Sadly, in the case of Mr. Grabinski, his children would have been hurt soon enough, just not so hard, fast and publicly.

In defense of the press. I have what is now an old saying that I believe I coined, “If you don’t want people to think you do (or did) something, don’t engage in behavior that might lead them to think you did.”

In other word, if you don’t drink and don’t want people to think you drink, don’t be seen coming out of bars. If you don’t molest and serve alcohol to little girls, don’t put yourself in a position where someone might get that idea.

Anyone who does is at least guilty of poor judgment.

We are a nation of laws. We should also be a nation of conscience and fair play.

An interesting take on the subject