Someone asked me why I do not write more about cases that are currently in process but only give details after the fact. I appreciate the desire of people to find out about cases that that generate public interest, but I cannot comment about cases that are still in process the same way a reporter might.

The reasons I cannot say more are based in the law and the guidelines provided by the Rules of Professional Conduct. These rules apply to all lawyers, but there are special provisions that apply to prosecutors. All the rules are grounded in the principle that no one should make any public statements that might have the effect of influencing an ongoing case.

I am permitted to tell the public what charges have been filed against someone. (So long as I put an advisement that the filing of a charge is not evidence of guilt) I am allowed to talk about the scheduling of certain matters before the court and about the fact that the defendant has representation and to make statements concerning public safety concerns. Beyond that, there is not really much that I am allowed to say to the public.

On the other hand, a reporter for a news agency could publish information many things. They could talk about the arguments from the defendant regarding why the case should be dismissed. They could talk about the motions to suppress in order to keep certain evidence from the jury. They could hear arguments about why the defendant should have a separate trial on each of the (sometimes several) cases against him, or why co-defendants in the same crime should have separate trials. They could hear arguments about why the jury should not hear about the defendant’s past criminal record and many other things.

The state tries to present evidence to the jury that would help to get a conviction. The defense wants to keep that evidence out of the hearing of the jury. The court has the responsibility to listen to the arguments from both sides and then by applying the law to the facts presented, decide what would be admissible for a jury to hear. That is what goes on.

Some think that a trial is about a search for the truth. That is true, but not entirely true. The investigation is about the search for the truth. The trial is about whether, from what is admissible of the truth, there is proof beyond a reasonable doubt of the defendant’s guilt. Sometimes there is and sometimes there isn’t. Our system of justice has rules that should be kept. That is how it works best. The rules are there to protect the innocent and the guilty.