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Media and Public Outreach Jason M. Mount, Scott County Patricia A. Baldwin, Hendrix County Rodney J. Cummings, Madison County Connie Smith, IPAC Public Affairs

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Public Relations Committee

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Connie Smith Public Affairs Officer

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Public Relations Committee 2014 Criminal Code Reform (HB 1006) With the Legislative Committee, designed a series of monthly Op-Eds Overview Drug Crime Burglary Suspended Sentences Child Pornography / Crimes against Children Asked that individual prosecutors release them in their own jurisdictions Took advantage of the LOCAL PROSECUTORS role as the EXPERT on PUBLIC SAFETY and CRIMINAL JUSTICE.

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Strength in Numbers

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PR and Communications

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I.A General Approach II.Ethical Consideration III.Special Responsibilities under IRPC 3.8 IV.Office Media Policy V.Newspapers VI.Radio & Television VII.When the National Medial Descends VIII.Press Releases IX.Press Conferences X.Self Promotion / Public Awareness XI.Open Records

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National/Regional/Local Media Regional Outlets Television Stations Regional Daily Newspapers News Radio / NPR Affiliate / Talk Radio Social Media and Blogging outlets In larger counties, Regional Outlets are also the Local Outlets Will generally only be interested in the big news, major cases sensationalism and controversy. Usually looking for a bad guy. Less interested in good news. More interest in Population centers.

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Regional Media Floyd CountyClark County

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National Media

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Local Media Local Outlets are still important Local Newspapers Local Radio Club & Organizational Newsletters / School Papers & Programs Kiwanis / Lions / Pilot Club / Rotary, etc. E-mail Lists Chamber of Commerce Organizational Lists Law Enforcement / School Employee Lists Social Media / Facebook Groups Local news is interested in YOU Always looking for CONTENT and GOOD NEWS

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Local Media

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You are a main source for local news Get to know your local reporters Local Newspapers will pick up PC Affidavits Write the Affidavit with the newspaper in mind Will often be used word-for-word Interested in much less serious items More interested when the incident occurs Often less interested in judicial outcome / sentencing Use this to your advantage Follow up by email or telephone. Correct errors. Remind them of important dates Sentencing hearings in blind pleas

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Local Media Create Positive News Speaking engagements Local Clubs, School & Community Events Awards Presentations Outreach Luncheons, Awareness Events, etc. New hires Sentencings Program focus IV-D Collections Grant Programs Drug Enforcement / Conviction Statistics Social Media ALWAYS take a photo

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Bit.ly/GNC0614

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IRPC 3.6 & 3.8

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Remember your goal: To provide the defendant with one, and only one, fair trial, resulting in a reliable conviction, in your jurisdiction.

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IRPC 3.6 & 3.8 A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

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IRPC 3.6 & 3.8 A lawyer may state (Safe Harbor): The claim, offense, or defense involved and, except when prohibited, the identity of persons involved; The charges Information contained in a public record; The PC Affidavit That an investigation of a matter is in progress; The scheduling or result of any step in litigation; A request for assistance in obtaining evidence and information; A warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest.

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IRPC 3.6 & 3.8 A lawyer may state: In a criminal case: The identity, residence, occupation, and family status of the accused; If the accused has not been apprehended, information necessary to aid in apprehension of that person; The fact, time, and place of arrest; The identity of Investigating and arresting officers or agencies and the length of the investigation.

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IRPC 3.6 & 3.8 Presumed to be Prejudicial: Character, credibility, reputation, or criminal record of a party, suspect, or witness, or the identity of a witness, or the expected testimony of a party or witness; The possibility of a guilty plea or the existence or content of any confession, admission, or statement given by a defendant or suspect, or that persons refusal or failure to make a statement. The performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented;

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IRPC 3.6 & 3.8 Presumed to be Prejudicial: Any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration; Information that the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and would if disclosed create a substantial risk of prejudicing an impartial trial; or The fact that the defendant has been charged with a crime, unless there is included therein a stated explaining that the charge is merely an accusation and that the defendant is presumed innocent until and unless proven guilty.

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IRPC 3.6 & 3.8 A criminal charge is merely an accusation. Every defendant is presumed innocent until and unless proven guilty. Press Releases Interviews Press Conferences State aloud Print on agendas or handouts Social Media / Websites Consider RECORDING statements yourself

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Special Responsibilities of a Prosecutor (IRPC 3.8) The prosecutor in a criminal case shall: Refrain from prosecuting a case not supported by probable cause; Make reasonable efforts to assure the accused is advised of the right to counsel; Not seek a waiver of pretrial rights from an unrepresented person; Timely disclose all exculpatory and/or mitigating evidence; Not subpoena a lawyer to present privileged information about a client;

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Special Responsibilities of a Prosecutor (IRPC 3.8) Except for statements that are necessary to inform the public of the nature and extent of the prosecutors action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused...

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Special Responsibilities of a Prosecutor (IRPC 3.8) and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this rule.

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Special Responsibilities of a Prosecutor (IRPC 3.8) Staff / Employees Who is officially allowed to comment and on what? What happens in the Prosecutors Office STAYS in the Prosecutors Office. Regularly review relevant rules IRPC 1.6, 3.6, 3.8, 4.2, 4.3, 5.3, and 8.4 to name a few. Social Medial Policy No discussing cases, defendants, witnesses, victims, or co- workers. No commenting on other peoples posts re: cases or defendants. Do not confirm or deny any information. Do not engage in gossip.

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Special Responsibilities of a Prosecutor (IRPC 3.8) Law Enforcement Advise them annually in writing of the rule (sample letter) Designate certain officers to speak Chief, PR Officer, Sgt. Detective, etc. Review rules generally with these officers LEA during investigation / Prosecutors office during Prosecution In high profile cases, cover the specific dos and donts Consider a joint press conference Monitor traditional and SOCIAL MEDIA for LEA statements Politely address issues as they arise Require LEA to use disclaimer in written releases

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Special Responsibilities of a Prosecutor (IRPC 3.8) Victim / Family / Witness Bit.ly/IPAC14

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Special Responsibilities of a Prosecutor (IRPC 3.8) Victim / Family / Witness Foster a good relationship Communicate regularly and personally Nominate a Family Contact / Spokesperson Remind them: They do not have to talk; encourage them not to We want to ensure ONE fair trial in YOUR jurisdiction Save the facts for court / there will be a time to talk later Every statement they make becomes cross examination fodder Every statement is an opportunity to misspeak or be misunderstood. Could create appealable or Brady issues. This includes SOCIAL MEDIA.

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Special Responsibilities of a Prosecutor (IRPC 3.8) Victim / Family / Witness Ultimately, you may not be able to stop them They may want to complain publically about you, the investigation, or LEA If they talk Offer to be with them Ask that you be notified Ask that they focus on: The victim and his/her recovery Relief that the matter was solved / is being pursued Moving forward, not looking back Dont focus on the defendant or his/her actions or words Try the case in the COURTROOM and not the press.

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Media and Public Outreach JASON M. MOUNT Scott County Prosecuting Attorney 1 E. McClain Avenue Scottsburg, IN 47170 (812) 752-8466 jason.mount@scottcounty.in.gov @Jason_Mount

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When a Major News Story Happens Prepare a short statement Make it available to your staff Every media outlet gets the same information Keep a list of who has contacted you Name, address, phone, e-mail Keep track of who received information

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Getting information out to the media Inform your staff of what is going on Tell them what, if any, information they can release Be clear who they can give this information to Tell them who can be put through to you Who can be put through to voicemail Who gets the prepared statement

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Press Conference Be prepared Anticipate what questions may be asked Have responses to these questions prepared This will keep you from saying things you shouldnt If State Police or other agencies with an experienced public information officer is involved, make use of their assistance

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Patricia Ann Baldwin Prosecuting Attorney Hendricks County 55th Judicial Circuit 6 S. Jefferson St. Danville, IN 46122 pbaldwin@co.hendricks.in.us Phone: (317) 745-9283 FAX:(317) 745-9290

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YOU WON We are all stars in our communities You just won a big election Everyone loves for you YOU HAVE REACHED YOUR PEAK OF POPULARITY NOW YOU START PROSECUTING YOUR NEIGHBORS

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PROJECT AN IMAGE Everyone knows who you are But what kind of prosecutor You can use your responsibility to inform the public to fashion an image

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LIMITATIONS IRPC 3.6 AND 3.8 IN RE THE MATTER OF CARL J. BRIZZI Cause No. 49S00-0910-DI-425

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Count I State v. Mendenhall -When the officer opened the cab of the truck, you can imagine his surprise because the cab was awash with blood. -victims blood soaked the seats of Mendenhalls truck. he was confident that he had enough evidence to convict Mendenhall

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-Mendenhall admitted to the police when arrested that the victim was shot in the back of the head at an Indianapolis truck stop but denied being the murderer -Its almost as if he (Mendenhall) wanted to be caught and then play a game of Im smarter than the police. -DNA analysis shows that its not just the blood of one victim but the blood of several victims

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-a.22 caliber handgun used by Mendenhall in the killings was found in the truck. -enough blood matching the DNA of the victims parents was found inside the cab of Mr. Mendenhalls truck that she could not possible be alive. -he is working with other jurisdictions to see the quickest way and the best way to punish (Mendenhall) with the ultimate punishment- a capital sentence.

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State v. Desmond Turner - According to the probable cause affidavit, Desmond Turner and James Stewart thought there was a large amount of money and drugs at 560 North Hamilton Street. They werent going to let anyone or anything get in the way of what they believed to be an easy score. There was no money in that house. There were no drugs. Seven bodies were carried out, including those of three children.

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-I would not trade all the money and drugs in the world for the life of one person, let alone seven. Turner deserves the ultimate penalty for this crime. -Regarding the swiftness with which the death penalty was filed, Brizzi said, The evidence is overwhelming. There are several aggravators present, any one of which would merit the death penalty. To do otherwise would be a travesty.

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NEWSPAPERS -Develop relationships with reporters -Be accessible -Off the record -Reporters have pressure to get stories -Probable Cause Affidavits -Editorials -Dont Comment on another prosecutors case -Avoid conflicts with companies that buy ink by the barrel.

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PRESS CONFERENCE -Control the location -Control who has access -You dont want your opponents heckling you -Dont be drawn into answering questions that can result in disciplinary action -Be careful about a written press release -Avoid reading from a press release -Feeding frenzy

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Television News -Relationships -Who speaks for your office -Dress well -Be professional -Media fatigue -Prosecutors are one case away from losing an election -Investigative Reporters -Trust is earned

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NATIONAL NEWS -Dont Be Seduced -Expect a debate -Someone with an opposing view -News shows are entertainment -Respond to the attack, dont react -Trust is earned

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OUTREACH -Website -Newsletter -Radio -Facebook -Public Service Message -Computer Cop