Stan speaks out.

AuthorLevco, Stan
PositionNot-sopleasant experiences of a prosecutor

MOST OF THE TIME being a prosecutor can be rewarding and enjoyable. Sometimes it can be not so pleasant. I'm not talking theoretical here. I'm not proud to say that I recently had one of those not-sopleasant experiences.

I began an investigation into possible prosecution of video kiosks for distributing materials potentially harmful to minors. With hindsight and a scintilla of foresight this investigation might not have been initiated in the first place. Ultimately, no charges were filed.

Before you consider reporting me to the disciplinary commission, know this: however misguided my judgment may have been, this is not a disciplinary matter. It seemed like the right thing to do at the time. Be assured that the investigation was initiated with equal amounts of good faith and bad judgment. And if bad judgment alone were cause for disbarment, I would have lost my license to practice law long ago.

My first thought upon realizing my mistake was to find someone else to blame, but unlike with most cases I supposedly handle, I actually had done the work myself. Had there been the slightest truth to anyone else being responsible, finding a scapegoat is almost certainly the path I would have chosen.

I knew I needed to accept responsibility, but I wanted to do it in a way that presented my actions in the most favorable light.

Don't get me wrong. I knew I had to tell the truth, but sometimes the truth depends on what the definition of the word "is" is, and once I made the decision to abandon ship, I needed to do so to minimize the possibility of drowning. Sure, I needed to tell the truth, but not necessarily tell the whole truth and nothing but the truth. I could tell most of the truth and just leave the remainder of the whole truth to my own thoughts.

The first thing I did was to decide to hold a press conference.

Holding a press conference when your goal is to minimize negative publicity may seem counter-intuitive, but I figured if I didn't, the alternative would be worse.

My office is covered by three TV stations, one newspaper and a few radio stations. A press conference had the advantage of limiting the defense of my actions to one explanation. If I didn't limit my explanation to one time, there's no telling how many times I would change my alibi if I were asked to repeat it. To prepare my statement to the press, I did what all great prosecutors do. I assigned others to do the work.

I asked Doug, my chief deputy, what he thought I ought to say at...

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