By Carmen Trutanich

Recently, the national news has been inundated with headlines related to an alleged sex scandal at Duke University involving a number of players on its nationally recognized lacrosse team. Regardless of the factual accuracy of the accounts reported in the various media forums, the vilification of the team, the players, and its program has occurred without benefit of any screening of the allegations as to the immediate or long term effect that such reporting may have on those involved.

Today, we live in times of trial by press, whoever speaks the loudest, longest or most often is given equal weight in terms of accuracy merely because it was reported. Lost in the histrionics of the media frenzy is the fact that the young athletes involved in these types of events are at school trying to get an education while pursuing a dream without compensation. Each athlete has devoted countless hours of sweat to merely receive the opportunity to compete for free. They receive a NCAA stipend which affords a below poverty level existence, carry a required number of units, and attend mandated practices and meetings which leave little or no time for just being a kid. Today’s college athlete, after fulfilling the commitments to their respective team’s program, are left with precious little time to do what non-athletes do at will. This does not justify malfeasance, but take note that it was hard work, sacrifice, dedication, and for the most part making good choices throughout their young lives that got them to the status as college athletes in the first place. It has been my experience, even in some of the more vile instances of allegations, that the student athletes are good kids who made a dumb choice. Yet all this is lost in the Headline de Jour, which legitimizes even the most outlandish allegations without reference, or weight given to its accuracy. If reported, it must be true and the continual drum beat of reported allegations increase in beat, tone and volume. These otherwise good kids face the music of a potentially ruined life without benefit of the judge or jury.

Are we that concerned with selling soap that we as a populace need to vilify these barely adults before all or even most the facts are known? There are, in some locals, no more greater celebrities that these kids barely out of high school, playing ball for free for a national institution. Take Los Angeles for instance, in the fall attention turns to college athletes as entertainment as the only game in town. At 18 years old, these children are placed into an environment where they must live their life warned and frightened that someone could and will take them to task for a perceived indiscretion. Not only take them to task, but sensationalize the allegation because of their status as athletes. I have seen firsthand the personal devastation the rush to report as news an event without concern for individual damage done. This rationalized in the media as the public has a right to know; I disagree. There must be a balance struck between our right to know and the student-athletes’ rights to be treated fairly. I have handled student-athlete cases, and simultaneously handled almost identical cases, factually four cornered in the same situation. One was headline news nationwide, the other not reported upon. The only difference was the student’s status as an athlete at the institution. In both cases, the allegations were extremely serious. What went non-reported was the personal consequences suffered by the athletes via the dissemination of inaccuracies and half-truths. These athletes will always be painted, regardless of the merit of the allegation, with an indelible stain of what was printed as opposed to what really happened.

So what is the fix? We have afforded victims, juvenile defendants and others with anonymity by law. Although I am not advocating a blanket anonymity law to student athletes, there is a need to temper the "first to the press wins" mentality with a lost discretion of yesteryear. Do we really want to measure what is reported by its shock value? Headlines on the basis of an allegation, detention, or arrest? Are we not better served as a society to have these young athletes fairly brought before an independent court of law and unbiased jurors to face the even hand of justice? The media is not judging the crime. No one condones any crime. However it’s the athlete who is being forced to adjudicate on an uneven playing field where he must prove his innocence because the nation has been sold on what was reported. This phenomenon of report first determine later irreversibly effects those truly innocent of untrue allegations. To do this to very young people alters forever who they can be. Do you want a person accused even wrongfully of rape dating your daughter, teaching at your school, or better yet coaching your child?

The freedom and autonomy of the press is the core of our rights as a people. Just as our personal right of freedom of expression. But similarly, your right to freely express yourself ends at the tip of my nose and likewise the media must recognize the damage of over reporting that which has not made the courts. The mountain created in the Richard Jewell fiasco by the media and inaccurate accounts was truly a slippery slope to where we are today. As our ability to disseminate "news" speeds up daily by wire, PDA, and computer internet, our responsibility as to what is reported must speed-up in like step. I don’t know if the athletes at Duke are guilty or not, but I do know regardless, their young lives have been inalterably damaged. And should they be in-fact convicted of the these horrendous allegations made, will we report on their daily lives in prison? I think not, that will be yesterday’s news and the media will be on to the next set of allegations. It is better for all concerned to let the judicial system work. In the balance of news vs. the individual athlete, I opt for the individual. Justice will not be adversely effected by our failure to receive up to the minute reports on allegations made, but I fear it will be by a media driven to report every tidbit of information received regardless of the future impact of what is reported.

I trust that at Duke, cooler heads will prevail, and a full review and adjudication of the allegations will be employed before the university organization opts for the media correct stance and politically correct position on the basis of allegations only. After all, these student athletes to the very night of the alleged incident were solid enough citizens to be granted admission to that great institution and to bring honor to it via a national championship. All I am saying is let’s give the truth a chance to surface and the justice system a chance to work, and just for a while "Hold the Presses".