Television Reporters Are Just Like Attorneys and Clergy (Sort of)
One of the issues of the court proceedings of week ending 21 July, 2006 was over interviews given by Avery while in jail and whether they should be suppressed.
There were four interviews at issue. Two were by Emily Matesic from WBAY and two were by Jennifer Kolbusz of WFRV.
These were not the only interviews given by Avery. His first attorney intervened in one, from a male reporter, which was then given by telephone. Steven Avery requested in writing that no more interviews be allowed, and yet the interviews continued to be arranged by the jail administrator.
The Calumet County jailer, Lt. John Byrnes, made the claim that reporters were treated the same as clergy and attorneys in allowing access to prisoners. But, of course jail staff was nearby, within earshot during these interviews while interviews with clergy and attorneys are indeed private. I don’t believe the jail has a policy of guarding if the attorney or clergy is a female. Byrnes stated that the deputies standing guard were not listening, but that remains to be seen.
Another aspect is that if reporters truly had the same status as attorneys and clergy, then it would be an extreme ethical violation to package the interviews for consumer consumption. But, it is obvious to the most casual observer that the purpose of interviews by reporters is far different than meetings with clergy or lawyers.
The comparisons by the jailer are bogus.
State Assistant Prosecutor Tom Fallon made the claim that Avery would not talk to male reporters, only to “young, attractive, dark haired” female reporters. Fallon was inferring they resembled Teresa Halbach. Avery’s attorney pointed out that Avery had granted an interview to a male reporter. So much for prosecutor fact checking.
Not only that, but counting two reporters is hardly statistically significant. Fallon did not give any numbers to back his claim such as dates of rejection and the number of total requests. For example, did Avery turn down any blonde reporters? This is a case of the prosecution trying to undermine the accused prior to trial with unfounded innuendo.
And, accepting requests from only female (or male) reporters can be done for a variety of reasons. Some people simply prefer to deal with specific genders. And, in our present day rules that some claim are sacrosanct, men are supposed to honor requests by females or be labeled misogynist.
The prosecution team, including the Calumet County jailer, wants to make Avery appear to be some kind of sex maniac, fixated on specific sized brunettes. Special Prosecutor Ken Kratz has made similar unfounded in the past.
The undermining continued at the hearing when Lt. Byrnes made a statement to the effect that the helpless female reporters were suddenly in a different class than helpless female lawyers and helpless female clergy; so of course jail staff had to be present. Byrnes made the false claim that attorneys were not in any danger from clients.
Apparently, this brought laughter from spectators. But, this levity is based on stereotyping and prejudgment. Females have been interviewing violent male prisoners in a one on one basis for a while now. Avery had one incident where he forced a woman he accused of making defamatory statements off a road, but nothing since his release from prison. So, Byrnes’ statements make Avery look very dangerous without any specific facts. .
It is disappointing that the judge did not chastise the jail administrator for this statement. If anything prejudices the public, this kind of nonsense does. This is the stuff of television drama where everything must happen within thirty to forty-five minutes of plot time. This is not the real world. Persons held to be extremely dangerous are not allowed close personal contact with others. If Byrnes had solid evidence that Avery was such a danger, it was poor judgment to allow such contact.
In the end, there was an agreement between the prosecution and defense. The first jailhouse interview given by Avery will be allowed at trial. The rest are out.
But, I still don’t understand how reporters are identical to attorneys. Maybe Jailer Byrnes can do a point by point comparison for us mere mortals.
by Brian McCorkle
in category Steven Avery
