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- <text id=91TT2772>
- <link 93XP0319>
- <link 91TT2931>
- <link 91TT0895>
- <link 91TT0796>
- <title>
- Dec. 16, 1991: Trial by Television
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1991 Highlights
- Men and Women:Sex, Lies & Politics
- </history>
- <history>
- TIME--The Weekly Newsmagazine--1991
- Dec. 16, 1991 The Smile of Freedom
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 30
- JURISPRUDENCE
- Trial by Television
- </hdr><body>
- <p>As millions tune in to the William Kennedy Smith drama, some
- wonder whether justice is being served by the gavel-to-gavel
- TV coverage
- </p>
- <p>By RICHARD LACAYO -- Reported by Cathy Booth/West Palm Beach
- and Andrea Sachs/New York
- </p>
- <p> No one should have expected that the first court case to
- claim a huge television audience would center on municipal-bond
- trading. With a famous name linked to a sordid crime, the rape
- trial of William Kennedy Smith fits neatly into the usual
- daytime schedule of leering soap operas. For the same reason,
- it has turned out to be a test of whether TV cameras will turn
- the law into a brand of vaudeville. In a case full of
- senatorial bar hopping and a parlor game called Vegetable, it's
- already difficult to keep in sight the serious charges -- rape
- and battery -- at the trial's heart. It doesn't help when expert
- testimony on the alleged victim's underclothes is interrupted
- by a commercial for the Home Shopping Network.
- </p>
- <p> Yet as justice collided with the video age last week, the
- impact of TV in the Smith case was as hard to judge as the
- defendant's guilt or innocence. The jury, which is sequestered
- at the close of each day, sees none of the television coverage.
- But the single inconspicuous camera in the Palm Beach County
- courthouse sends every word and gesture -- everything, that is,
- except the face of the alleged victim -- to a jury of millions.
- During some parts of the testimony by the alleged victim last
- week, the audience for Cable News Network climbed to nearly 3.2
- million viewers, nine times what CNN usually draws those hours.
- </p>
- <p> What those millions are seeing is a civics lesson spiced
- with scandal. "I think it's a second major dose of
- consciousness raising for the public about sexual crimes,
- following Anita Hill's testimony," says Lee Bollinger, dean of
- the University of Michigan law school. No less important, the
- daily coverage is a window onto the real conduct of trials.
- Without the cameras there, says Steven Brill, president of cable
- TV's Courtroom Television Network, "you would see `ambush shots'
- of Smith and his lawyers going into the courthouse. Here you see
- dignity and solemnity."
- </p>
- <p> To say nothing of monotony. In even the most sensational
- court cases, cross-examination draws out a story from witnesses
- in eyedropper doses. Expert testimony tends to be bloodless.
- The lacy bra admitted into evidence in Smith's trial seems less
- provocative when the garment is discussed by the "bodily fluids
- and tissue technician" of the Palm Beach sheriff's department.
- </p>
- <p> Viewers also learn to appreciate that in courtroom
- testimony, demeanor and delivery are crucial. Prosecutor Moira
- Lasch must still be regretting that she called Anne Mercer to
- the stand. On the night of the alleged incident, Mercer went
- with Smith's accuser to Au Bar, the tony Palm Beach hangout
- where they met Smith in the company of his uncle, Senator Edward
- Kennedy, and Kennedy's son Patrick. Lasch got what she wanted
- from Mercer: testimony that the alleged victim yelled "rape"
- early on. The jury may remember her fashion-mag appearance and
- soulless manner.
- </p>
- <p> Then there is the question of whether televising this kind
- of trial, for this kind of alleged crime, is appropriate at
- all. For the accuser, the bitterest part of a rape trial is the
- experience of having her personal life spread before the court,
- and usually torn apart by the defense. Gavel-to-gavel coverage
- only magnifies the misery -- perhaps even more so in this
- instance, as the accuser's face is concealed on camera in a way
- that protects her identity but also turns her into a cipher. The
- prospect of being at center ring in their own media circus may
- be discouraging other rape victims from coming forward. Reported
- rapes in Palm Beach County dropped from 96 in April, when the
- Smith story broke, to 68 in November.
- </p>
- <p> Nonetheless, Smith's accuser made moving and effective use
- of her two days on the stand. Her sometimes tearful testimony
- put defense attorney Roy Black in a delicate position. He
- subjected her to a no-stone-unturned cross-examination that
- revealed what he said were inconsistencies in her testimony on
- such matters as whether she screamed during the reported rape.
- But even restrained questioning of a purported rape victim can
- sound like an accountant torturing a political prisoner, which
- can alienate jurors. And at no point did the woman budge from
- her central contention: "Your client raped me."
- </p>
- <p> Alan Dershowitz, the Harvard University law professor and
- outspoken defense attorney, thinks the tearful outbursts of
- Smith's accuser are affected by television. "You're playing to
- a bigger stage, to the world, and your gestures have to be
- bigger," he says. Unlike theater, however, TV is a medium geared
- to close-ups, where small gestures work too. On the stand,
- Senator Kennedy made his own play to the emotions in a subdued
- fashion. And even in a sensational trial, emotional high points
- may be less important to the jury than the persistent repetition
- of a bit of evidence that either side insists is crucial.
- Defense attorney Black spent much of last week hammering away
- at the mystery of when the alleged victim took off her panty
- hose, an issue that could support the defense claim that she
- invited sex with Smith by removing them before the couple went
- strolling on the beach. The prosecution is likely to stress the
- doctor's report that shows that Smith's accuser suffered
- injuries consistent with a rape.
- </p>
- <p> In the end, TV may help the law by exposing the
- painstaking accumulation of facts required to prove guilt. It
- is a dispiriting truth, however, that viewers fail to demand
- fuller coverage of proceedings that don't involve Kennedys and
- panty hose -- like the trials of Manuel Noriega or S&L bandit
- Charles Keating Jr. But showmanship still counts. Would it be
- any surprise if the cameras tempted lawyers, witnesses and
- judges to posture a bit more than they already would for the
- jury? Maybe these matters were better understood back in 1962,
- when Raymond Burr, the star of Perry Mason, sought a meeting
- with Edward Bennett Williams, the famous defense attorney. In
- those days it seemed fitting that a make-believe lawyer should
- look for tips from a real one. It may soon be the other way
- around. Mr. Burr, check your messages.
- </p>
-
- </body></article>
- </text>
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