No Comment

Around the Seattle area the arrest of Seattle native and UW study abroad student Amanda Knox in connection with the grisly slaying of her British roommate Meredith Kercher in Perugia, Italy on November 2nd is getting major international press coverage. Recently it was reported that one of the lawyers for Ms. Knox, Luciano Ghirga, said that because his client had given many different versions of what had happened, "it is difficult to evaluate which one is true."

I don't know the circumstances under which Mr. Ghirga made this statement or whether it was even quoted accurately. One of the reasons jurors are told not to read accounts of the trial in the newspaper or listen to coverage of the trial on radio or television, is because statements about the case can be taken out of context. That having been said, other than an outright confession of guilt, it is hard to image a more damning statement about the accused's account of the crime. Usually its the police who infer guilt because the accused has given conflicting accounts; not the accused's own lawyer.

Although you would think otherwise, prejudical pretrial statements such as this are not that uncommon. Under the glare of the media, while being peppered with questions, many a defense attorney has become dumbstuck with a microphone or a tape recorder stuck in their face. While it's nice to see your name in print, hear your voice on the radio, or see yourself on television, damaging remarks by a defense attorney in an interview gone wrong can do untold damage to the accused in the court of public opinion.

While there are attorneys who have mastered the art of manipulating the press to their client's advantage, they are rare. One should never forget that speaking to the press is like swinging a two edged sword - it can cut both ways. Even the best attorneys will sometimes have their word come back to haunt them.

It is far safer and wiser when approached for a case comment by the media for the defense attorney to forego the opportunity to have his or her name in the morning paper, or their voice or image on radio or television, and simply say, "We'll present our case in the courtroom, not in the press."