Rocky's office defines what makes news

December 15, 2006

Helping to ensure accurate media coverage of significant Criminal Branch cases is an important part of what we do as prosecutors. Media coverage of our cases can have a specific as well as general deterrent effect, improve community awareness of the types of criminal activity occurring in the City, serve to educate the public about how the criminal justice system functions, and assure the public that we are on the job.

Under our new Communications Director, Nick Velasquez, our reinvigorated Communications Department (formerly the "Press Office") is cranking out press releases at an impressive rate. Last Thursday and Friday alone, for example, the Communications Department issued press releases reporting on four Criminal Branch cases (copies attached).

To make sure that the Communications Department is timely informed of newsworthy Criminal Branch matters, Nick has designated "primary points of contact" within the Communications Department for various categories of cases. Thus, for example, Frank Mateljan is the primary point of contact for all newsworthy cases and events relating to Animal Abuse, be it the filing of a case, a conviction, a sentence, or a community outreach event. A listing of the primary points of contact by area is attached for your information.

If you know of an upcoming filing, arraignment, hearing, trial, sentencing or other event that you believe may warrant media attention, please send an email to the designated contact person, providing him or her with all necessary information, such as the case name, the basic facts of the case, and what about the case, or what is happening in the case, that is of potential public interest. If Nick is not the designated contact person, please make sure to copy him on the email.

Even if a matter has been featured in the Consolidated Weekly Report, you should bring any anticipated newsworthy item relating to that matter to the attention of the appropriate contact person. Press coverage is all about timing; if the Communications Department is not timely advised of an anticipated event warranting a Press Release, an opportunity for the public to be informed about that event may be
lost.

Obviously, there is no precise formula for determining when a case or event may be newsworthy. As general guidance, however, the Communications Department should be made aware of and kept informed about:

a. Cases involving celebrities (no matter how minor), where the celebrity is the defendant, the victim or a witness;

b. Cases involving an elected official, political figure, community leader or other notable person;

c. Cases involving an event that has already received media attention;

d. Cases that resulted in a death or mutilation;

e. Cases in which a police officer is alleged to have engaged in official misconduct or committed a crime of moral turpitude.

f. Cases involving child molestation, abuse or exploitation, or elder abuse resulting in a documented serious injury to the victim;

g. Cases involving animal cruelty; and

h. Environmental Justice, Slum Housing Task Force, CNAP, Gang Injunction and Special Litigation cases that have been or are about to
be filed.

Even if the case does not fall into one of the foregoing categories, it may still be significant enough to bring to the attention of the
Communications Department if it involves one or more of the following factors:

a. The case is a consumer protection or ID theft case and involves particularly egregious conduct, a pattern of conduct spanning a
substantial period of time or a notorious defendant;

b. The case is part of a formal program or initiative, such as a Safer City Initiative;

c. The case itself may not have received media attention but involves a problem, issue or fact pattern that has received considerable media
attention of late;

d. The case has some relationship to the entertainment industry;

e. The case may not be of general public interest, but it is of importance to a particular industry;

f. The victim sustained unusually serious injuries;

g. The case may have a human interest angle because of the personal circumstances of the defendant or the victim, or because the case represents a major personal accomplishment for the prosecutor;

h. The case involved true heroism by a member of law enforcement or the public;

i. The case resulted in a severe sentence (by our standards);

j. The case involved stalking, serious threats of violence or terrorism;

k. The cases involved a novel charge, claim or defense, or an important legal issue; or

l. The case involved a truly weird fact pattern.

When in doubt about whether a case or event merits a Press Release, it is best to bring the matter to the Communications Department's
attention.

Finally, it is essential that no one (neither deputies nor supervisors) have any substantive communications (on or off the record) with a member of the media without first clearing such communications with the Communications Department. This is essential not only because it is necessary for the Criminal Branch to maintain a clear and consistent message, but also because communications with the press may have ethical implications (see, e.g., Calf. Rule of Prof. Resp. 5-120; ABA Model Code of Resp. Rules 3.6 & 3.8, subd.(g); National Prosecution Standards Rules 33.1-35.2), and can give rise to civil liability on the part of the City and/or the individual prosecutor. (See Buckley v. Fitzsimmons (1993) 509 U.S. 259.)

If you are approached by a member of the press seeking information, you should refer the reporter to the appropriate contact person, or seek approval from the Communications Department to respond to the inquiry and guidance on how to respond. In addition, if you have a case that is very likely to attract media attention, such as a celebrity justice case, you may want to obtain guidance from the Communications Department in advance of the filing, arraignment, trial, etc. regarding how to deal with expected press inquiries.

Thank you -- for reading this entire email.