Tuesday, October 23, 2012

Fact Checking Mark Bowden's Curious Vanity Fair Article on Stephanie Lazarus, Part VI

Complete Series on Fact Checking Mark Bowden's Article HERE.

Continued from Part V....

Yes T&T readers, there's still more to write about Mark Bowden's Curious Stephanie Lazarus article.

Bowden’s article ran in the July 2012 issue of Vanity Fair.  Late last month, Craig Silverman at Poynter published a detailed story investigating my claims about Bowden’s article.   I am very grateful to Craig for backing up my findings and getting some answers on the record from Vanity Fair.  It was from reading Craig’s article that I first learned the name of Mark Bowden’s editor, Cullen Murphy.   Speaking for Vanity Fair, Mr. Murphy told Poynter, “We’re always grateful to have errors called to our attention . . . We take fact-checking very seriously, and when issues arise, we look into them carefully.”

Some of Vanity Fair’s other quotes seemed odd to me, and raised additional questions I wanted to ask the magazine. A few days after Craig’s story was published, I emailed him for Cullen Murphy’s contact information.  Since Craig was away, I didn’t receive a response from him until October 10th. Craig told me his initial contact at Vanity Fair was Beth Kseniak, the magazine’s Executive Director of Public Relations.  I immediately sent Beth an email, introducing myself and asking her to forward my questions to Mr. Murphy.  I explained to Beth that I wanted to give Vanity Fair plenty of time to respond, and if Mr. Murphy replied by October 15th, I would include his answers in my next post.  Beth wrote me back that she had forwarded my email to Mr. Murphy.

Here is the email I sent to Mr. Murphy on October 10th:

Dear Mr. Murphy,

I’m sorry not to have introduced myself to you sooner.  I only learned your name recently, when I read Craig Silverman’s piece for Poynter.

I was glad to learn that Vanity Fair is always grateful to have errors pointed out, and that you take fact checking very seriously. Now that I know you are Mark Bowden’s editor at Vanity Fair, I wanted to ask you a few questions, and give you the opportunity to comment in my next post. 

When Poynter first contacted you, you told them:

“The central charge made by T&T is that Mark Bowden does not accurately quote the interrogation of Stephanie Lazarus and in one instance even adds his own material. This is false... The author of the T&T post relied on a transcript of the interrogation. Bowden, rather than use some unknown person’s transcript—transcripts are notoriously unreliable—went to the actual videos of the interrogation to confirm his quotations. Further, to make sure the speakers were being identified correctly, the quotations were read back to Detectives Stearns and Jaramillo of the LAPD. When the article was published, Vanity Fair put the videos online to make the source readily available. On review, we confirmed that Bowden’s quotations are indeed accurate and that the transcript is not. (We did find that two sentences in a single quotation in the VF piece had been inadvertently transposed, with no impact on meaning.)”
Poynter verified that the official transcript matched the video perfectly.  You then admitted you were mistaken and apologized for “inadvertently introducing a red herring.”

My questions are below.

1. In what way was your initial statement “inadvertent?” 

2. When did Bowden speak to Detectives Stearns and Jaramillo to verify their quotations? Did Bowden also ask the detectives about their experience interviewing Stephanie?

3. Why did Bowden use some unknown person’s transcript of Stephanie Lazarus’s interview, rather than the official court transcript which Judge Perry made public in November 2010?

4. Have all the quotations in Bowden’s article been checked against the official transcript?

You also told Poynter:

"Having gone back again to compare it’s hard to see a substantive issue. Much verbiage and crosstalk has been cut out for concision and clarity—pretty standard when dealing with a long, rambling, and shaggy interrogation—but the quotations used in Bowden’s text correspond with relevant portions of the video. Some things are hard to make out, and there may be an occasional small variance, but a fair reading would conclude that the quotes track accurately and correctly capture the dynamic of the interrogation. There has been no distortion."
5. The primary focus of Bowden’s piece is Stephanie’s Lazarus’s 2009 interrogation. Can you cite another piece of journalism in Vanity Fair, or any other publication, in which a “long, rambling, and shaggy interrogation” was compressed in this way, without disclosure that it had been?

You also told Poynter:

“We take fact-checking very seriously, and when issues arise we look into them carefully.”
6. How carefully has Vanity Fair looked into Bowden’s article?

7. Did Vanity Fair fact check Bowden’s article before it went to press?

In his article, Craig Silverman said he raised two errors with you. But I noticed Vanity Fair corrected four errors online.

8. How did Vanity Fair decide which errors to correct, and why did Vanity Fair only correct four?

9. Are you aware there are at least five more significant factual errors in Bowden’s article that remain uncorrected?

Thank you very much for your time. I would appreciate it if you could please respond by Wednesday, when I plan to publish. I look forward to hearing from you soon.

Sincerely,
Betsy A. Ross, Owner
Trials & Tribulations Blog


On October 15th, I received a reply from Cullen Murphy, in which he requested to respond “privately and off the record.” I wrote Murphy back the same day:

Mr. Murphy,

Thank you for your response. I will honor your request not to publish what you emailed me. However, I am disappointed by your decision not to comment on the record.

To be clear, my sole intent in writing this series has been to keep the public record as accurate as possible, given the very serious circumstances of Sherri Rasmussen’s murder. I appreciate the background you provided, but it doesn’t acknowledge the scope of the problems with Bowden’s article, the factual errors that remain uncorrected, or your recent statements to Poynter. 

I hope you will reconsider, and answer my questions on the record. I think my questions are very reasonable. I will give you and Vanity Fair a few more days to decide. Please respond by Wednesday evening if you would like your perspective in the post.

Sincerely,
Betsy A. Ross, Owner
Trials & Tribulations Blog


Mr. Murphy wrote me back two days later:
Dear Ms. Ross,

I'm sorry that you're unable to take up the offer to have a conversation with Mark Bowden, and I've passed that information along to him.

Sincerely,

Cullen Murphy
I responded the same day, October 17th:

Dear Cullen,

I think you may have misunderstood my email. I'm perfectly willing to have a conversation with Mark Bowden about his article, but not off the record.  For transparency's sake, and so there's no confusion about who said what, I prefer to communicate via email.

To confirm, you have forwarded my questions to Bowden?

I know I had offered Vanity Fair until tonight to comment, but in case Bowden only received the questions today, I want to give him and the magazine plenty of time to respond. If you or Bowden answer my questions by Friday, I will include your comments in my next post.

Sincerely,
Betsy A. Ross, Owner
Trials & Tribulations Blog


Later that day, I noticed that Vanity Fair added numerous additional corrections to the online version of Mark Bowden’s article.  Vanity Fair offered no explanation for the timing of these new corrections. I received one more email from Mr. Murphy on Friday, but again, he declined to speak on the record.

I have one additional question for Vanity Fair:

10. Are you aware that one of your recent corrections is factually inaccurate? John Ruetten and Stephanie Lazarus did not take a trip together to Hawaii.  Stephanie traveled to Hawaii with her friend Greg, and John Ruetten independently met them there. Stephanie discusses this in her interview (see pages 28-29 of the official court transcript).

Continued in Part VII.....

One Victim or Two: Judge Blackwood to Decide in Christian-Newsom Retrial

Vanessa Coleman, May 13th, 2010

GUEST ENTRY FROM DAVID IN TENNESSEE!

Judge Jon Kerry Blackwood will decide whether Christopher Newsom will be treated as if he never existed in the November retrial of one of four defendants in the January 2007 torture-murders of Newsom and his girlfriend Channon Christian.

Vanessa Coleman's attorney, Ted Lavit, contends that because she was acquitted of charges directly relating to Newsom's kidnapping, rape, and murder, the prosecution should be barred from introducing any evidence relating to Newsom at her retrial.

Assistant District Attorney General Takisha Fitzgerald disagreed at Monday's hearing. "The state would disagree with Mr. Lavit of having been acquitted of all charges related to Christopher Newsom," she said.

Knoxville News Sentinel reporter Jamie Satterfield wrote: "Fitzgerald and prosecutorial partner Leland Price are hanging their legal hats on a single count of felony murder, of which Coleman was deemed a facilitator. That count involves the slaying of Newsom's girlfriend, Channon Christian, in the perpetration of the kidnapping of Newsom."

Fitgerald argues that Newsom's death is relevant to establishing the charge of kidnapping.

The jury in Coleman's first trial acquitted her of every charge relating to Newsom and found her guilty of facilitation only regarding Channon Christian's rape and murder. This verdict is the reason for the current situation. Coleman can only be retried on the counts she was found guilty of in the first trial because of double jeopardy.

Here is a video report from WBIR with comments from the victims' parents.

Coleman's hair has been dyed red in prison.

Thursday, October 18, 2012

Kelly Soo Park: Pretrial 7

 Juliana Redding, date unknown.
Prosecutors allege Park strangled Redding to death in her 
Santa Monica apartment on March 15th or 16th, 2008.

October 17th, 2012
When I arrive on the 9th floor, both ends of the hallway are filled with people wearing juror badges as well as counsel waiting to get inside their courtrooms.  As I get to right outside Dept. 109, I see a familiar face.  It's a young, pretty reporter from local ABC Channel 7 named Christina, who I first met at the last Lois Goodman hearing in Van Nuys.  She's wearing her gold Channel 7 pin on her blouse. Standing next to her is a cameraman.  I ask her if Judge Kennedy approved taping this morning and Christina tells me that they put the request in, but the order hasn't been signed yet.  The TV show "Inside Edition" is also requesting to film.  (You can see Christina's story on the hearing HERE.)

Kelly Soo Park is standing with a group in the middle of the hallway that includes her defense counsel, George Buehler and Mark Kassabian. She's wearing an all black pantsuit with a silky looking light blue top underneath.  Park's relatively new fiance, recently retired Oxnard Police Watch Commander, Tom Chronister, is dressed completely in black and sitting with an older gray-haired Asian woman.  Oxnard Police initiated an investigation of Chronister just days before he retired.

Right around 8:30 AM the courtroom opens and people slowly start to drift inside to find a seat. Again, there are many people here to support Park. Some of the media sits in the second bench row, the rest take seats in the back near the door.  Park and her fiance, sit in the third row next to the aisle.

I believe it's Judge Kennedy's clerk, Lori (sp?) who informs the requesting media that Judge Kennedy signed the order for filming, but clarifies that only one camera can be inside the courtroom.  When a judge grants the media to have a camera inside the courtroom, they become the "pool" camera.

8:36 AM DDA Stacy Okun-Wiese arrives.  Defense attorney Kassabian confers with Okun-Wiese for a moment.  The defense hands a paper to Okun-Wiese stating, "Here you are."  "Thank you," she replies and then asks, "Is this my copy?" "Yes," the defense counsel responds.

As I look around the courtroom, I notice that there is a piece of artwork hanging on the wall behind Judge Kennedy's desk right where the sidebars are usually held.  It's unusual.  It's a series of lines in a wide "V" pattern \ /; alternating white, red and blue lines that start with red at the top, fading to light blue then dark blue.  I'm positive this piece of art was not here the last time I was inside Dept. 109.

More counsel arrive in the well for another hearing.  An Asian looking DDA sees Stacy and they exchange smiles and a quick hug.  Stacy is wearing a dark gray pantsuit with a black top underneath.  The jacket is short and fits her frame nicely.

The ABC Channel 7 cameraman sets up his tripod inside the jury box.  A dishwater blond defense attorney enters and sits at the defense table to change her shoes.  I'm drawn to the large crystal pendant hanging from a long cord around her neck.  Right next to the crystal I see a tiny silver cross.  To me, she looks a bit disheveled.  Her black pants and jacket are very form fitting; the stretchy gray top underneath presents a layered look since it's longer than the short-waisted jacket.

Okun-Wiese and Kassabian continue to confer over some papers.  Then Stacy and one of the defense attorneys go over to the clerks desk to review a large stack of documents.

More Park supporters arrive. When they enter they stop to give Park a hug.   A tall balding black man, obviously an attorney, enters Dept. 109. As he passes Chronister sitting on the aisle, he shakes his hand.  I'm guessing that this is probably the court appointed attorney, instructed to advise Park on her rights and the potential conflict of interest with keeping her current counsel that are being paid by Dr. Munir Uwaydah, Park's former employer.  (Uwaydah fled the country when Park was arrested back in June 2010.)  The bald headed counsel is wearing a light griege suit with a faint plaid pattern.

Stacy and George Buehler chat.  Kassabian and the new counsel go over a paper that appears to have come from the prosecution.  The black attorney hands a single sheet of paper to Park and says, "Take a look at this."  Park stands in the aisle beside this new counsel, takes the paper and they chat for a moment.  I see the attorney point to something near the bottom of the paper with his pen.

People chatter in the well.  Lori calls out to the blond attorney, "Ms. Greenberg, what's the status?"  The black attorney and Park's counsel go over the paper at the defense table.  I overhear a discussion, something about "time to reflect."  The black counsel calls out to Park in the gallery, "Can we meet Monday or Tuesday?"  Park, Buehler and the black attorney chat.

8:57 AM More people arrive to support Park.  Again, there are greetings and hugs.

Okun-Wiese and Kassabian go over possible scheduling dates for the next hearing.  Now I believe they are talking about Eric Harmon's appointment to the bench.  Several conversations are going on at once in the well.  The blond defense attorney and the Asian DDA; Okun-Wiese and Kassabian and the black attorney and Buehler.  In the row behind me, I can her Park and Chronister whispering with Park's supporters.

9:04 AM We're still waiting for Judge Kennedy to take the bench.  CBS 48 Hours Producer Greg Fisher arrived a bit earlier but only stays for a short moment.  If he came back in, I didn't see him.  Now, Judge Kennedy comes out from her chambers and chats with her clerk Lori for a moment.  Now the court reporter comes out and takes her seat at her machine. It looks like we're ready to start.

Another matter is called before Park's case. The blond defense attorney and the Asian DDA are up.  The defendant is not in the courtroom.  Judge Kennedy asks about the Dept. 95 status and it appears there is a backlog in that court.  Judge Kennedy states the criminal matter is suspended and held over until October 31st.  And that's it for that case.

Judge Kennedy asks if the next case is ready.  Park's case is called.  Counsel state their names for the record.  The tall black attorney is Franklin Peters, Jr., who was appointed by the court to advise Park on the conflict of interest issues.  Peters tells the court, "I met with Ms. Park in the hallway and went over (the) conflict matters .... and provided some (disclosure? discovery?). ... She has signed a waiver that I prepared."  Peters then states he was given today, a waiver that was prepared by DDA Eric Harmon.  The waiver prepared by Harmon comes directly from case law, but there is an additional statement (in that document) that Peters would like to go over with Ms. Park.  So, Peters is requesting more time to do that.

Judge Kennedy asks about the court calendar.  It's 15/30 as of today.  The next date that is agreed upon, Wednesday Oct. 24th, would set the court calendar at 22/30.  Judge Kennedy advises counsel that at the next meeting, they will need to do something about setting the court calendar.

The prosecution's motion to admit the non-charged 1101(b) witnesses, the defense is working on an opposition motion to suppress, but they indicate they will deal with that motion closer to trial.

And that's it. Outside in the hallway, I see local ABC Channel 7's Miriam Hernandez. I thought she missed the hearing but she and Greg Fisher must have been sitting in the back of the courtroom.  Miriam, Greg and myself chat a bit about the case. Greg tells me he has already written two stories for CBS Crimsider on the Park case.  When I heard the date, Oct. 24th, I originally thought there was a hearing in the Michael Gargiulo case on that date, but I was wrong.  Lonnie Franklin, Jr., the "Grim Sleeper" has a pretrial hearing on that date, also in Dept. 109, so I'll be able to attend both.

When I got home, I watched Good Morning America (GMA) because Christina indicated there was a story on local KABC Chanel 7, and I figured there would also be one on GMA.  Legal analyst Dan Abrams was talking about the case and he referred to Ronnie Chase as Park's "husband."  It's my understanding Parks and Chase were a couple at one time, but they were never married.

Now, the mainstream media is all a buzz about the motions that the prosecution filed at the last hearing, most notably, the motion to admit 1101(b) witnesses of other conduct. It's in this motion where the prosecution finally lays out what it believes to be the motive of Redding's murder.  I had these documents up on my SCRIBD account within a day of the last court hearing.

KELLY SOO PARK QUICK LINKS PAGE

Note from Sprocket:
I am now "finally" all caught up with my pretrial hearing notes.  If I can get caught up with responsibilities around the house, I hope to have some time to work on a few other stories about events I attended.  I attended the DA's 2012 Annual DNA Awareness Forum (where DDA Shannon Presby and DDA Paul Nunez gave a presentation on the Stephanie Lazarus case).  In August, I attended one of the LAVA events at the Crime Lab where my favorite scientist, Dr. Lynne Herold gave a complementary lecture to author John Leake's talk about his latest book.  And I haven't forgotten about the story I promised from the perspective of people who knew Stephanie Lazarus.  I also have a surprise story planned related to the Lazarus case, centered around a little known member of Sherri Rasmussen and John Ruetten's family.  Only a few words were spoken about this beloved member at the trial.