Andy Thibault

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Column: Sexual predator is most difficult label to shake
By RICHARD MEEHAN and ANDY THIBAULT
For the Norwich Bulletin
October 29, 2006

A 40-year-old engineer, arrested and accused of sexually assaulting his 3-year-old daughter, has been released on $100,000 bond.

What is the reaction of the typical reader?

Repulsion.

Guilty!

Hang him. Fry him. Gas him.

In a system of laws that exalts the presumption of innocence, the accusation of child molestation, once made, is never eradicated.

When a jury acquits because there was not sufficient proof, doubt about the character of the acquitted lingers.

A fair percentage of those who even see the follow-up article announcing the acquittal believe the jury made a mistake; this, despite not hearing a minute of the evidence produced at the trial.

Along with public condemnation comes the loss of employment and the inability to find other work. Many cannot even post the high bonds that accompany this type of accusation.

The accused finds the presumption is guilt -- not innocence.

Neighbors and friends shun the accused. Court orders often even prohibit the accused from access to his own children. Marital relationships are strained to the breaking point.

But, who really cares?

Once accused, this defendant is now a pariah. In an era when most of us gain our knowledge of the news from 15-second sound bites or a quick perusal of the headlines, where does the concept of innocent until proven guilty really fit?

Recently, a 59-year-old bachelor living with his elderly parents was brutally murdered in his own home in the presence of his 87-year-old mother.

His neighbor, a young patent lawyer, was told by his wife their 2-year-old was molested by the neighbor. The young lawyer allegedly vaulted his way through a screen window and repeatedly stabbed the middle-aged neighbor until he died.

The reaction

A clever defense lawyer immediately plants the seed in the media the young father was spurred to act because his daughter had been abused.

Every red-blooded American dad thinks, "I would have done the same if he did that to my little girl."

A man lies dead, no trial of the accusation that spurred on his assailant. The assailant's vigilante justice is initially applauded. But what if it was wrong?

What if the information he acted on was imagined or fabricated?

As the case received national attention, the family of the victim had the foresight to realize unless the allegation of abuse was thoroughly investigated, the scarlet letter of child abuse would be the victim's only legacy. The investigating police department conducted a diligent search of the home and undertook a thorough investigation. This month, they announced the accusation of child abuse was unfounded.

I, Richard Meehan, represent the family of this victim.

During one of many press interviews after the announcement, one reporter remarked to me the exoneration of someone suspected of child abuse never receives this extensive press coverage -- little comfort for the family of the man who bled to death in his home.

In the months to come, the criminal trial and wrongful death lawsuit will play out in the courtroom and the press like an ancient Greek tragedy. In the end, two families will see their lives destroyed.

Vigilante justice is no justice at all. There was no investigation, no trial, no jury, just the visceral reaction of an angry father. More died that day than just this poor soul.

Link: http://www.norwichbulletin.com/apps/pbcs.dll/article?AID=/20061029/OPINION/610290323&SearchID=73261327332143

Attorney Richard Meehan Jr. appears regularly on Court TV. Andy Thibault, who co-authors the column, is author of "Law & Justice In Everyday Life" and a private investigator. Their column examines topics including political corruption and the inner-workings of the court system. Thibault was a reporter, editor and sports writer for the Norwich Bulletin in the 1970s. Website: www.andythibault.com. 
Blog: www.cooljustice.blogspot.com

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