The O.J. Simpson story, which captivated the nation, created news story coverage of a murder event without precedent. Consequently, there was a news media "feeding frenzy" for Simpson stories. It seemingly did not matter what kind of story was published, as long as it had an O.J. Simpson angle. New stories about the evidence in the case, alleged statements of O.J. Simpson, police opinions, legal opinions, prosecutor's option of seeking the death penalty, the private lives of all concerned, etc. turned this particular event into a nationwide soap opera. In my opinion, every rule in this book as well as the "fair trial free press principles" was violated with the "news leaks," details, and revelations provided in the media regarding the People v. Simpson. I likened it to a large snowball careening down the side of a snow-filled mountain. As this snowball of information and misinformation gained in complexity, intensity, and speed, it became an avalanche. Anyone and everyone remotely attached to or involved in the O.J. Simpson debacle was crushed or had their reputations smashed in its wake. According to a Sunday New York Daily News article dated January 1, 1995,

In the 10 days before O.J. Simpson was picked up for questioning in the murder of his wife, Nicole Brown Simpson, and her friend Ron Goldman, there were exactly eight references [to O.J. Simpson].... In the 10 days after the murder, there were 1769 references to Simpson in those same papers.... More than 30,000 articles and countless TV shows later, the opening statements haven't taken place. (pp. 2, 3)

It is not my intention to criticize or blame the media, the police, or anyone else involved in this infamous case. However, it occurs in every high-profile case. The thirst of the public for "inside details" of any heinous crime coupled with the competition of the various networks is exacerbated by the mass communications capabilities of the media worldwide. Whether the focus is on the Jon Benet Ramsey case or the Laci Peterson case, the bottom line is that there will never be news coverage of a sensational murder case without tribulations. I also believe that the

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information in this chapter presents a more reasonable alternative than what we have been exposed to in these types of cases.

A free press serves the public by supplying needed information, stimulating thought, and providing a medium for expression. An informed public is essential to the maintenance of a free society, and the public is entitled to be informed on topics of public interest. Crime, especially homicide, is always a subject for public concern and interest. Therefore, law enforcement officials can and should expect news media people to be present, make inquiries, and actively pursue the event.

The purpose of this chapter is to act as a guide in fostering better relations between the police investigative team and the news media in homicide investigations. To make better relations possible, I advocate mutual cooperation and understanding of each other's goals. Members of the news media can be a tremendous asset in a homicide investigation or an equally staggering liability. Realistically, their impact usually falls between these two extremes.

Throughout the United States, law enforcement agencies and the news media are in daily contact. The days of "no comment" by the police to the media have been replaced by a more open and candid dialogue between the police and the media. Therefore, there needs to be a thoughtful policy of police–media relationships which provides for the integrity of the investigation and the proper dissemination of information to the public.

Establishing a News Media Policy

Today, most large police departments and law enforcement agencies maintain a public information office staffed by designated public information officers or news media representatives to handle requests for information. These public information officers act as spokesmen for the department and maintain regular liaison with the media. In addition, most departments have established guidelines for the release of information by the members in the field to representatives of the media.

In homicide investigations, however, there must be a tighter control over the news release, justified by the legal considerations and the strategic aspects of the case. The public information officer should be kept advised of any such incidents and is responsible for notifying the media that police are investigating a homicide. However, all subsequent information and news releases from the department during the investigative stage should come from the detective supervisor or his equivalent in other agencies who is in charge of the investigation at the scene.

Generally, local media will be more responsive than national to a request for cooperation because they are more sympathetic to local needs and sentiments. Likewise, representatives of major media organizations with whom you have previously dealt will usually cooperate with you as long as they know they will be provided with information and given a statement from the investigator in charge. The trick is to engage in as much give-and-take as you can without compromising the case. However, as the newsworthiness of an event increases, out-of-town reporters or representatives of the wire services, radio, and television may become involved in gathering news, and this usually creates a strain.

The competitive nature of multimedia coverage usually presents law enforcement officers with problems with which they are ill equipped to deal. Too often, no previous thought has been given to how to handle a media-worthy situation. Suddenly, you are surrounded with an army of reporters seeking details of interest, ferreting out "new" information, and interviewing witnesses, family, and anyone they feel might give them an edge over another news team. Photographers will be attempting to obtain photos of the body, the suspect, the scene of the crime, the investigators, and so on. Obviously, these media people will be "doing their own thing" without any consideration of the investigative needs of the case and the legal impact involved, not to mention consideration for the family. This is where planning comes into the picture. An intelligent news media policy will take into consideration the legal, strategic, and humanitarian aspects of the case and at the same time provide for the comprehensive release of news to the media.

Any policy instituted by a police department should provide guidelines for preserving the delicate balance between a free press and a fair trial when disseminating information. Most states and the federal government have provisions that are intended to promote accuracy and fairness in the release of information. The "Fair Trial Free Press Principles and Guidelines for the State of New York" (reproduced in full here) are provided as a model.

Fair Trial Free Press Principles and Guidelines for the State of New York

Freedom of the press is guaranteed by the First Amendment of the Constitution of the United States. The right to a speedy and public trial by an impartial jury is guaranteed in criminal cases by the Sixth Amendment. The New York State bar, bench, law enforcement agencies, and news media, as represented by the organizations that have signed this document, recognize and uphold these guarantees and grant them equal validity.

They also recognize the right of the public in a democratic society to be informed about crime, law enforcement, and the administration of justice, and the right, in general, to have trials openly conducted.

While the news media recognize the responsibility of the judge to preserve order in the court and seek the ends of justice by all those means available to him, decisions about handling the news rest with the editors who, in the exercise of news judgments, should remember that:

1. An accused person is presumed innocent until proven guilty.

2. Accused persons and civil litigants are entitled to be judged in an atmosphere free frompassion, prejudice, and sensationalism.

3. Readers, listeners, and viewers are potential jurors.

4. No one's reputation should be injured needlessly.

The proper administration of justice is the concern of the judiciary, bar, the prosecution, law enforcement personnel, news media, and the public. None should relinquish its share in that concern. None should condone injustices on the ground that they are infrequent.

1. When and after an arrest is made, the following information should be made availablefor publication:

a. The accused's name, age, residence, employment, marital status, and similar back-ground information.

b. The substance or text of the charge such as a complaint indictment, information,and, where appropriate, the identity of the complainant.

c. The identity of the investigating and arresting agency and length of the investigation.

d. The circumstances immediately surrounding the arrest, including the time and placeof arrest, resistance, pursuit, possession and use of weapons, and description of items seized at the time of arrest.

2. The release of certain types of information by law enforcement personnel, the bench,and bar and the publication of this information by news media may tend to create dangers of prejudice without serving a significant law enforcement or public interest function. Therefore, all concerned should be aware of the dangers of prejudice in making pretrial disclosure of the following:

a. Statements as to the character or reputation of an accused person or prospectivewitness.

b. Admissions, confessions, or the contents of a statement or alibi attributable to anaccused person.

c. The performance or results of tests or the refusal of the accused to take a test.

d. Statements concerning the credibility or anticipated testimony of prospectivewitnesses.

e. The possibility of a plea of guilty to the offense charged or to a lesser offense, orother disposition.

f. Opinions concerning evidence or argument in the case, whether or not it is antici-pated that such evidence or argument will be used at trial.

3. Prior criminal charges and convictions are matters of public record and are availableto the news media. Police, corrections, and other law enforcement agencies should make such information available to the news media on request. The public disclosure of this information by the news may be highly prejudicial without any significant addition to the public's need to be informed. The publication of such information should be carefully considered by the news media.

4. Law enforcement and court personnel should NOT prevent the photographing of defendants when they are in public places outside the courtroom. They should neither encourage nor discourage pictures or televising, but they should not pose the accused.

5. Photographs of a suspect may be released by law enforcement personnel provided avalid law enforcement function is served thereby. It is proper to disclose such information as may be necessary to enlist public assistance in apprehending fugitives from justice. Such disclosure may include photographs as well as records or prior arrests and convictions.

The preceding guidelines are those which address themselves to the law enforcement function. A separate set of guidelines is recommended for cases involving juveniles. Generally speaking, the following information should NOT be given to the press:

1. The names of children under 16 years of age who are charged with a crime or arecomplainants in a criminal proceeding; and

2. The identity of a victim of a sex crime.

There are exceptions to the preceding guidelines. For instance, on August 1, 2002, in the early morning hours, a convicted felon named Roy Ratliff abducted two teenage girls, 16 and 17 years of age. During their 12-hour ordeal, the two girls were sexually assaulted by their assailant and were minutes away from being killed when rescued by sheriff's deputies, who shot and killed Ratliff when he pointed a gun at them.

The girls were rescued as a result of an Amber Alert, during which time their names were broadcast all over the media. After the rescue, the authorities learned that both young women had been raped and sexually assaulted. The news media and the police found themselves in a dilemma. Technically speaking, the two young women were sex-crime victims. However, they were also kidnap victims whose names were released to the media via the Amber Alert plan to publicize the kidnapping instantly and enlist community assistance in the statewide search.

In homicide cases, witnesses and others involved in the investigation should be cautioned not to speak to the press. However, it should be noted that the only persons whom police can effectively isolate from the media are suspects. It is utterly impossible to prevent others from speaking to reporters. If their disclosures present legal or other problems, you must be prepared to request cooperation from the media to withhold certain information in the interests of justice.

Remember: The best way to promote good media relations is through preparation and communication.

Building a Relationship with the News Media

The relationship between the news media representative and the homicide spokesman usually starts off in a somewhat adversarial setting. The news reporter will be attempting to uncover facts of the investigation to obtain a better story, and the homicide spokespersons will be trying their best to keep certain strategic information out of the hands of the press.

How the police and the media deal with any given contact generally determines the ultimate associations because a good relationship is usually the product of many individual contacts over a span of time. It is during these contacts that these persons get to know one another and learn to respect each other's professional position. For instance, I would not expect a news representative to kill a story detrimental to the police and, likewise, a news person should not be insulted because an officer does not go along with an "off-the-record" request for information which might jeopardize the police investigation.

Professional homicide–news media relationships are usually built upon past experiences which have been mutually successful to both parties.

It also helps for each party to understand the other's pressures, particularly those relating to time. A murder investigation may take anywhere from a few hours to several days, weeks, or months. The news media representative, on the other hand, must complete his or her initial coverage of the event prior to a deadline, which may amount to only hours or minutes. This is where a strain may set in between the two groups. A story, which might rate front-page coverage prior to today's deadline, might tomorrow rate only a paragraph inside. A potential lead item on the "Eleven O'Clock News" that evening may not even be considered the following day. Time is of the essence to newspeople because other newsworthy events are taking place, deadlines must be met, and the space for newsprint and the time for broadcasts are tightly constrained.

By the same token, time is of the essence to the homicide supervisor and detectives who are conducting the investigation. A tremendous amount of information is generated in a very short period of time at the homicide crime scene. Furthermore, many investigative duties must be performed and steps taken before valuable evidence is lost and suspects can be identified. The homicide spokesman cannot be expected to drop everything and engage in a news conference, and the reporter should not expect the police to disclose information prematurely in the early stages of the case so that he or she can get a better story.

In addition, news media people should resist the temptation to become part of the event. They should realize that their selection of news sources and the questions they ask may not only affect the story, but also strain police–media relations by creating issues that jeopardize the homicide case. Practically speaking, a little flexibility and common sense in most cases will ultimately benefit the news media and the police. Frictions can be minimized, issues put in proper perspective, and goals attained through mutual cooperation.

The homicide supervisor at the scene should be aware of media needs and, without neglecting investigative duties, direct that a notification of the homicide be given to the public information officer along with some basic facts. In the event that there is no public information officer, the homicide supervisor can still encourage cooperation by providing for notifications to local media so that they may cover the story. This notification and subsequent release of information to the media will encourage cooperation and set the tone for future good relations.

Contacts between the homicide spokesman and the news media representatives are not limited to the formal news conference during a homicide investigation. Informal meetings reinforce relationships and encourage cooperation. It is usually during these informal exchanges that certain barriers to communication and misunderstandings can be discussed and eliminated. I have found from my experience that the more frequent the meetings are, the more candid the dialogue is.

When reporters and police have been in daily contact over a period of time, they can come to a mutual understanding whereby both groups can benefit. This relationship, however, should never be abused because any breach of trust on the part of either party may destroy in an instant a relationship which took years to develop.

News media people who handle crime stories pride themselves on their ability to develop sources of information within any police agency. Similarly, homicide officials should also strive to develop sources and relationships within the media which are mutually beneficial and serve an intelligent investigative end. If the homicide spokesman has developed a good rapport with certain news media representatives, he or she may be able to obtain news coverage that can benefit an investigation for a case which ordinarily would not be considered newsworthy enough.

Sometimes, a case which must be kept "under wraps" comes to the attention of the news media through other sources. If an effective and cooperative relationship exists between the media and the agency, a request to withhold the story pending some investigative consideration will usually be granted. However, the agency cannot expect the news media to cover up an otherwise newsworthy event. Practically speaking, when you take the media into your confidence on a particularly sensitive case, you will have to rely on their good intentions and judgment not to compromise the investigation or prematurely release information to the public. However, by taking them into your confidence, you have effectively made them part of the team and psychologically have set the tone for a cooperative venture.

I can recall many cases over the years to which the media had access and, upon conferring with the chief investigator, delayed release to give police the opportunity to perform a specific investigative step.

The key word in building relationships is credibility — the law enforcement representative and the news media person must be honest with each other if this relationship is to survive. If each can come to rely on the other's credibility, tested by time, a compatible arrangement can evolve between the police and the press.

I remember a particularly sensational murder case in which a news reporter purposely ignored a request by the police to withhold certain information. This official request was made when it had become apparent that the reporter had become aware of certain confidential information through a series of leaks. In fact, the chief investigator had personally asked this reporter not to print this information. Instead, this reporter published a blow-by-blow description of every piece of physical evidence and detail of the murder investigation. This caused irreparable damage to the investigation, created additional legal problems, and embarrassed the police officials involved. Needless to say, such an obvious violation of trust destroyed not only this reporter's credibility with the agency concerned, but also all future contacts between the news media and police officials in this jurisdiction. The agency subsequently changed its policy for dealing with the news media and has drastically curtailed the release of information to the press.

Hopefully, such situations as described here are the exception, not the rule. However, law enforcement personnel must be aware of such possibilities and take appropriate measures to prevent disclosures which may adversely affect the outcome of a case.

Homicide News Release Policy

The indiscriminate release of information in a homicide investigation is an invitation to disaster. An erroneous or improper statement can damage the confidentiality of the investigation, the future prosecution, the reputation of the department, the rights of the accused, or the sensibilities of the family of the victim. Therefore, I have provided the following guidelines for officers to follow in the dissemination of information to the news media:

1. During the investigative stage, all information from the police department should come from one person only. Generally, this person should be the detective supervisor, the chief investigator, or some other ranking officer, who has been designated in advance. The reason for this restriction should be obvious. The person in charge of the investigation is familiar with all phases and will be aware of which items can or cannot be released because of legal or investigative reasons.

2. Designating one person to handle news releases allows reporters an opportunity to obtain information about the case without interfering with operations at the scene. More importantly, however, it precludes the possibility of having conflicting information emanating from members of the same department. This tight control is necessary, and all members of the department must abide by this rule if its purposes are not to be defeated.

3. Officers at the scene can and should expect news reporters to be present. It is a mistake to treat the news media rudely or shut them off entirely. Frequently, they can be exceedingly helpful in uncovering information valuable to the case. Officers on the scene or wherever any investigative activity is taking place may be approached and asked to comment on the investigation. All they need do is explain that the department will make information available to the media through the person designated for this function "to assure equal treatment and accurate information." The homicide investigator is expected to act as a professional and should handle each media contact in a manner which encourages cooperation.

4. The detective supervisor or designated police spokesman should confer with the medical examiner and the prosecutor in these early stages so as to avoid any confusion or embarrassment from conflicting or inappropriate releases being issued by the various officers. During the preliminary activities, only the police agency charged with the responsibility of conducting the homicide investigation should be making any official news-release statements. Later, after the autopsy, the medical examiner and/or coroner may elect to make an appropriate statement as to cause of death. However, all initial statements as to investigative inquiry, discovery of a body, or arrest of suspected persons lies within the jurisdiction of the police.

During the prosecutorial stage, beginning with the suspect's arraignment, all information about the case should come from the office of the prosecutor. Practically speaking, this thin line of jurisdictional prerogative can often result in conflict or embarrassment, particularly in sensational murder cases. The appropriate source to make the news release is determined by the expertise and authority of the agency concerned, whether investigatory, medical, or prosecutorial.

5. When releasing details of the homicide investigation, do not furnish the name of the deceased until there has been an acceptable identification and the next of kin have been notified. In some instances, the media will have been able to ascertain the identity from police radio transmissions, teletype alarms, bystanders, witnesses, etc. In these cases, a request should be made that they withhold this information pending official notification to the family. Generally, such a request will be complied with. However, in keeping with the theme of mutual cooperation, the media should be advised when the police have notified next of kin so that they may properly file the story.

6. In cases where the perpetrator has not been arrested and the investigation for suspects is continuing, it is imperative that certain information be withheld. During the course of a murder investigation, news items appearing in the press may be helpful or harmful, depending on what preparation has been given to what is said. One of the classic means of establishing the veracity of a confession is to have the suspect give information which only the perpetrator could know. The more sensational the case is, the more the likelihood of persons coming forward with false information or even confessions. Obviously, it is always wise to withhold certain information from the media. This will preserve the integrity of the investigation.

7. When talking to the media, do not permit yourself to be maneuvered into a situation where you theorize or speculate, where you make predictions, or where you give personal opinions about the case. Statements such as, "We expect to have the suspect in custody within the next 24 hours" have come back to haunt many an officer foolish enough to make that prediction. Such a personal observation can do nothing to assist the investigation and may, in fact, become a liability later. The investigator is a fact finder, open to all possibilities. When asked, "Is it possible... Could he have... Have you ruled out...," the most practical approach is merely to state, "At this time, we are keeping all of our options open, and we would rather not speculate on any specific possibility."

8. Never pose for photographs at the scene or when transporting the suspect. Posed photographs can create the wrong impression with the public and can create legal problems during the prosecution. If the press is able to take photos outside the crime scene area of the investigators as they carry out their duties at the scene, there should not be any problems. However, officers should be cognizant of their presence and maintain a professional demeanor.

9. If the news release is a taped interview which will be aired on television or radio, the police spokesman should be aware that whatever he or she says will be recorded. It is best to prepare by writing out, prior to the interview, a brief narrative account of the event, being careful to withhold information which might adversely affect the case. Prior to the actual taping, the news media people will usually go over your release and ask certain questions. This is done for their benefit so that they can get a "feel" for the case. Practically speaking, this preliminary question-and-answer session can benefit both parties. The questions asked during this preliminary conference are basically the same questions which the reporter will be asking you on tape, so you will have an idea of the types of questions to which you will be responding.

If you cannot answer a particular question for legal or strategic reasons, explain this to the news media people and set the ground rules. It is important to note that the entire interview will usually not be broadcast but will be edited to fit into an allotted amount of time. Therefore, to be sure that the interview gives the complete coverage you desire, stick to short and concise sentences.

Sometimes a reporter will try to force an issue by waiting for the television lights to go on and the camera to start rolling and then purposely ask a question which you had previously indicated you could not answer. At this point, without hesitation, look directly into the camera and state, "Excuse me, Mr. or Ms. So-and-So, I told you before we went on camera that it would be improper for me to respond to that question." I am pretty sure you will not be bothered by that kind of question again. However, more importantly, you will have maintained control over the interview and not compromised the investigation.

10. The news media provide an excellent vehicle for making appeals to the public for information. I have found that media personnel will usually make a special effort to assist law enforcement officials in requesting public assistance in a homicide investigation. For example, an unidentified body may be found whose physical qualities or possessions and clothing can be described. An appeal can be made through the media to ascertain whether anyone recognizes the description with a request to call police with any information. A general appeal can also be made to anyone with information on a specifically heinous crime to obtain citizen involvement, thereby reaching persons not readily available through ordinary investigative means. It is usually a good idea to stress that callers can remain anonymous, if they desire, and that the information will remain confidential.

Offering Rewards

A question often arises regarding rewards and what role the police should play. The offering of rewards usually results in additional unproductive investigative time as police check out vague tips which offer no help with the investigation. However, there is always the possibility that someone will come forward with useful information. It is usually better not to discourage the offer of a reward, even though it means more wasted effort. If the police reject the offer, they risk criticism for not doing everything possible to find the murderer. However, two stipulations should be made in connection with any reward offer: (1) no law enforcement officer is eligible to receive it; and (2) any information must be given directly to the police.

Handling the News Media at the Scene

News media people at the scene should be advised that any information will come from the homicide supervisor and not the officers who are working on the case. News media people usually learn about the homicide through police radio transmissions. All police press rooms monitor the police communications system, and most media organizations maintain similarly equipped mobile units that will respond to the scene.

In some instances, these reporters will arrive before the investigators. First officers who are maintaining lines at the scene should tactfully explain to these media representatives that information will be made available to them as soon as possible by the homicide commander. Point out that it would be unfair to make information available to some members of the press which would not be equally available to all others. I have seen some police officers handle this situation quite tactfully, but others have embarrassed me by their ignorance or rudeness. In any event, most news media people who have dealt with the police before can appreciate the emergency nature of this preliminary phase of the homicide investigation, and they realize that any information must come from a ranking official. If a good, consistent homicide news-release policy is in place, the media will usually cooperate.

It should be noted that members of the news media have a right to be present at the scene and perform their task of gathering information. However, this right does not include interfering with the police investigation or entering restricted areas, such as the crime scene, where valuable evidence may be lost or destroyed.

In homicide cases, police lines are usually established to prevent unauthorized persons from entering the scene. In most instances, news media people authorized to cross police lines to cover stories will be allowed entry. This entry is permissible as long as it does not interfere with police operations, jeopardize the integrity of the scene, or create a hazard. Witnesses or suspects being detained must be kept away from the media. However, the press should generally be permitted to report or photograph anything they observe while legally present at an emergency scene. When publication of specific items would interfere with the investigation or place witnesses, suspects, or others in jeopardy, the homicide official in charge should advise the reporters and their editors of the consequences of publication and request their cooperation. If some member of the media is pushy or overzealous and threatens the security of the scene or interferes with the police operation, merely exercise intelligent police procedure and physically remove him or her from the crime scene just as you would any other unauthorized person.

In homicide cases, especially in the preliminary stages of the investigation at the scene, uniformed officers and detectives assigned to the case are usually in possession of information which must be withheld from the general public — for example, the identity of the deceased prior to notification of next of kin. News media people who have responded to the murder scene are anxious to obtain as much information as possible to cover the story. Usually, they will question bystanders and others at the scene in order to get a feel for the story and probably will ask any officers present for information about the case. These officers must keep in mind that certain disclosures may harm the investigation, subvert justice, or infringe on individual rights to privacy. The professional response to such inquiry is simply to refer these reporters to the detective supervisor.

The more sensational murder cases and those involving well-known persons or celebrities result in a more aggressive style of reporting, as the various representatives from different news organizations strive to meet deadlines or "outscoop" each other. In situations like these, various pressures will escalate and strain relationships. The highest degree of cooperation between the police and the media will be necessary in order to reduce this pressure and neutralize these strains before they get out of hand.

There must be a policy as to what kind of information is given and who is to release it. Only one person should make the press release. If the release represents the formal position of the department, the public information officer should perform the duty. If the release is a news briefing of an active investigation, the homicide supervisor, who has been kept up to date on the investigation, is in the best position to determine what information can and cannot be released. This eliminates the possibility of two or more detectives independently releasing conflicting details or facts. News items given by others working on the case are usually a source of trouble because jealousies can be created and information which embarrasses other phases of the investigation may result.

Generally, the chances for a successful outcome of the investigation are improved by being completely candid with the press. If the press is aware of what information should not be prematurely released and is kept informed of developments, it will be more receptive to investigative requests. If every minute detail of the crime appears in the local paper, it will be impossible to determine the truthfulness of a statement by the suspect later.

Remember: Always withhold certain details of the crime that only the murderer and the police can know.

In connection with photographs, the police should neither discourage nor encourage reporters from taking pictures of a suspect.

Remember: Prisoners should never be posed or allowed to make statements to the press.

However, if suspects or prisoners are in a public place, news media people are allowed to take pictures, just as they are allowed to take pictures of officers at the scene performing their duties. The identity of the suspect prior to arrest should not ordinarily be made public unless, in the opinion of the homicide supervisor, such information is necessary to assist in the apprehension of a suspect or warn the public of a possible danger. Photographs should likewise be released only if they serve a valid purpose, such as identifying a victim or enlisting public assistance in finding a fugitive suspect.

From an investigative point of view, I would advise you to be very careful in making any predictions about solution or arrest, regardless of what your prospects appear to be at the moment. I remember one particular case, which involved a shoot-out in a local social club. Although we had a double homicide on our hands, we had been able to determine within hours the identity of the shooter. I must admit it was very tempting to tell the press that we knew who did it and that we would be making an arrest imminently. The two victims had been innocent of any involvement in the shooting and were merely patrons in the club who had been caught in a cross-fire. The resultant community concern and subsequent media attention added to the pressure for immediate action.

However, my gut feeling was based on knowledge of the "players," so I merely indicated the basic facts — two were dead, apparently the innocent victims of a shooting between two groups, and police were investigating to determine the person or persons responsible. Later, I was glad to have taken this route. The suspect was not apprehended for 3 months and then only after a tremendous amount of time and effort.

At-the-scene news releases can be just as effective as the formal news release if you maintain your composure and control.

Remember: Know what you are going to say and how you are going to say it.

Before you speak, consider the following:

1. Will the release cause the suspect to flee?

2. What information should be held for future interrogation?

3. Does the information you are releasing hinder the investigation?

4. Is the information released consistent with department policy?

Preparing the News Release

The news release in homicide investigations should be personally prepared by the homicide supervisor or by the public information officer after consulting the homicide official. As mentioned earlier, the homicide commander is in the best position to know what can and cannot be released in any given case.

A basic principle to keep in mind is that the news release is an investigative tool representing the official police position in the investigation. Therefore, any news release and subsequent news media coverage should be included in the official case folder because it is a public record and may ultimately affect the outcome of the investigation. The news release should be written in a clear and comprehensible manner and its organization and style should be simple and direct.

The acronym NEOTWY — when, where, who, what, how, and why — should be considered when preparing the news release, and the following items should be included in the release:

1. The date and time of the homicide (Avoid reference to military time and express the time in civilian hours — for example, 9:30 P.M. instead of 2130 hours.)

2. The exact location of the homicide

3. The name of the deceased, if proper notification has been made to next of kin, and the deceased person's residence

4. The type of homicide (gunshot, stabbing, etc.)

5. The facts of the preliminary investigation, including a summary of how the homicide occurred and the present status of the case

6. The motive, if known

7. If any arrests have been made, the name, address, and age of the suspects, including nicknames and background information

8. The exact charge or charges (This refers to the charge under which the suspect was arrested. If other charges are possible, simply state, "additional charges pending.")

9. Place of the arrest and facts and circumstances surrounding it

10. Officers involved in the investigation

There are different methods for constructing the news release. One method recommended by journalists and students of communication is the "inverted pyramid" (see Figure 19.1). Charles W. Steinmetz, who was an instructor at the FBI Academy and an expert in the area of mass media and effective communication, told me that the inverted pyramid is effective because it meets police requirements and can help avoid a distorted or rewritten story. Place the facts in a diminishing order of importance, with the most important facts at the top, or beginning, of the release and the lesser facts in order of descending importance. This allows for shortening the article by a newspaper without changing the official facts of the release.

The length of the release depends on how much information the agency wishes to make available in any given homicide. I recommend that the spokesman first write out a narrative description of the event before making any official release. Then he or she can review the statement and eliminate information which might hinder the investigation. An example of a completed release is as follows:

Figure 19.1 THE INVERTED PYRAMID.

I am (name of official) of (name of agency). On (date and time), the body of a (male or female) identified as (name) was found at (location). (He or she) had been (shot, stabbed, etc.). Investigation revealed that the deceased had been killed during (robbery, etc.). At this time, the investigation (is continuing, indicates, etc.).

or

An arrest has been effected in connection with this investigation. The suspect is identified as (name, age, address, nickname, etc.). (He or she) was arrested at (location) and has been charged with (charges). (Relationship of victim to suspect is optional.) The officers assigned to this investigation are (names).

Of course, each department should design a format suited to its particular needs.

Handling Questions During News Conferences

If the murder case is a sensational type of homicide or there is a considerable amount of public interest in the investigation, the agency will usually hold a news conference when it releases the information. During these news conferences, certain "loaded" questions may be asked by the media representative. The best course for the homicide spokesman to follow is to give straightforward and honest answers to such questions within the framework of his or her investigative priorities. The following suggestions are provided as a guide:

1. Repeat each question to the group. This will allow you to clear the question in your mind and bide time, and allow the group to hear the question.

2. Avoid the original questioner, instead directing your response to the group.

3. Avoid a one-to-one exchange.

4. Keep your answers short and concise.

5. Rephrase unclear questions.

6. Have the question repeated if it is unclear.

7. Defuse and depersonalize antagonistic questions.

8. If you do not know the answer or cannot answer the question because of some legal or strategic reason, say so.

9. Do not theorize, speculate, or make predictions.

Conclusion

The homicide official who recognizes and understands the role of the news media and follows the principles and guidelines discussed in this chapter will better be able to deal with press inquiries and news releases as they relate to homicide investigations.

Sooner or later, every community will experience a murder case which arouses widespread attention. The results can be catastrophic if no thought has been given to how to deal with this situation. The subsequent pressure of the media blitz as reporters try to get the best story for their particular news agency mandates that a sensible news release policy be in place. Although the police will not be able to manipulate the media, they can use the news release as a tool in performing certain functions. For instance, the release of certain information may stimulate the investigation, but withholding certain facts guarantees that only the police and the killer are aware of them. Good relations between the media and the police will keep pressures at a minimum.

Police agencies must strive to protect the rights of the victim's family, the rights of the accused, and the right to knowledge of society in general. Sometimes, under the pressure of major media organizations, this is not always possible. However, somewhere between the right of freedom of the press — as guaranteed in the First Amendment — and the rights of the accused — as specified in the Sixth Amendment — exists a delicate balance. It can be maintained if there are cooperation and good faith between the news media and the law enforcement agency.

Selected Reading

Geberth, V.J. Practical Homicide Investigation: Tactics, Procedures, and Forensic Techniques, 3rd ed. Boca Raton, FL: CRC Press, 1996.