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Legal News

: Lawbeat

When a child porn charge isn't what it seems

By Mark Obbie

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This article in today's Washington Post Outlook section should be required reading for every legal reporter and journalism student. Ting-Yi Oei, a Virginia high school administrator, recounts his indictment and the news coverage of his case. Here's how he starts it:

The Channel 4 Newsbreak was meant to shock: "High school assistant principal in Loudoun County arrested for child pornography," announced WRC's Jim Vance. "Details following the Olympics."That was last Aug. 20. The assistant principal was me. And the story on the late evening news that night was how many people who knew me -- and countless others in the Washington area who didn't -- learned that I was the subject of a prosecution that over the past year has turned my life upside down and ruined my reputation and my career.

The Washington Post covered the indictment in a relatively long story. While that story, by Brigid Schulte, gave Oei's lawyer ample opportunity to respond, it's one of those where-there's-smoke-there's-fire stories. Except there was no fire. All charges against Oei were dropped months later because he had an innocent -- even commendable -- explanation for why his cell phone had a photo of a disrobed youth: He was investigating "sexting" by his students, and explains in great detail why and how the image ended up on his phone and why he didn't immediately call police in. Once a judge dismissed the case, the Post responsibly followed up, in this story by Michael Birnbaum. But the "innocent" story is shorter and less detailed than the indictment story, and lacks the convincing detail that Oei's op-ed has. Washington's WRC Channel 4 gave the dismissal fairly ample coverage (at the link, which hosts a skimpy AP story, click on the video of the broadcast report). Both stories were made possible because a judge took the time to spell out his reasons for dismissal in writing, and because Oei and his attorney had the PR savvy to hold a press conference and then to follow it up with the op-ed in the Post.Even when journalists follow textbook rules on fairness -- with or without helpful cues from a judge or defendant -- a story like this should send a shiver down the backs of editors and news directors who might feel inclined to hype an initial accusation. The lessons of this case are obvious but bear repeating: Police and prosecutors aren't always right. An accusation is not the same as guilt. Imagine in any case where there's room for an innocent explanation that there just might be one. Be skeptical.

Full post as published by Lawbeat on April 19, 2009 (boomark / email).