“Gotcha Tweets”–Nothing We Can’t Stop


Jonathan Bullard is a senior defensive tackle for Florida.  He passed on the NFL draft to return for his senior season, and is having a great year as a defensive leader for the Gators.

But for the right now, he is noteworthy for the following statement he made about how to defend LSU running back Leonard Fournette:

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It might seem like careless trash talk, but that was not happening here.

The Bullard tweet was taken from a longer quote (via @CodyWorsham): “He’s the best back in the league. We’re just going to have to rally to the ball to tackle him.  I don’t think it’s … he’s nothing we can’t stop, but we all have to rally to the ball, because he’s an excellent athlete.”

Confident, but not exactly bulletin board trash talk. But as tweeted by Mark Long of the Associated Press, the snippet was featured in articles by Bleacher Report and FOXSports.com (and a few LSU fan sites, I’d guess0.

In fairness, others presented the quote in its largest context, like Jerry Hinnen of CBSSports.com, Chase Goodbread of NFL.com, and Des Bieler of the Washington Post.

Fournette had been the subject of similar talk in recent weeks.  When asked about stopping Fournette before the Auburn-LSU game, Rudy Ford of Auburn said, “That shouldn’t be difficult, that much, of a challenge.”

To their credit, Auburn beat writers like Tom Green (@AUblog at @oanow) included quotes from elsewhere in Ford’s presser, but it was not the complete thought that Bullard provided.

College football fans remember how well that turned out — Auburn fans with particular pain.  And Ford’s disinterested attempt at tackling Ford on a long run (more a version of “one-hand touch”) didn’t make his life any easier after Fournette’s 228 yards on 19 carries.

The question is, did Long do right by Bullard? Obviously not. The quote was tweeted out of context, and I would predict that a small percentage of college football fans sought out the longer quote.

Bullard at first expressed his displeasure with what Long had done.

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Long did provide the longer quote more than an hour later, and acknowledged what happened to Bullard in a Twitter exchange.  Bullard, showing amazing class for how he had been misquoted, was gracious in his reply:

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But the damage had been done.

Anyone who knows media knows that the Associated Press is not a hot take machine. I did a temporary assignment for them way back in 1978, right out of college, and have always had a “gold-standard” level of respect for them.

I am not as familiar with Long as I am with the Alabama AP crew, but I would guess (and hope) that he does not gotcha-tweet too much.

That said (“hot take” pushers can stop reading here), anyone who considers himself or herself a journalist should understand the need to avoid out-of-context quotes, particularly on Twitter.

The SPJ Code of Ethics puts it this way: “Provide context. Take special care not to misrepresent or oversimplify in promoting, previewing or summarizing a story.”  To the extent that Twitter does all three, it’s a relevant caution.

There seems to be extra caution, perhaps additional care, in working with college student-athletes, who sometimes lack media savvy.

Bullard, as a senior, could be expected to know better, and he did better, as his complete quote showed. Ford should simply be smarter, period. But sometimes a young athlete speaks unwisely. It is up to the individual journalist to know when to take the ball and run with it, or when to the hand the ball back and say, “Did you mean to give me this?”

Regardless of the age or media experience of the source, it is also up to journalists to treat all sources fairly, especially on Twitter. To paraphrase, a tweet makes its way around the world while a complete, contextual report is still putting on its boots.

Let’s make sure the tweets that we send into orbit are grounded in fairness and context.

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Why Was the Ukwuachu Indictment Sealed?

(UPDATED Feb. 11 to add Twitter conversation with Paula Lavigne, author of the OTL piece on Baylor)

Since the August conviction of Sam Ukwuachu for sexual assault, much has been written about Baylor and its response to investigating sexual assault, especially those involving athletes.

But a question has remained since August 2015, when Ukwuachu was convicted and then later sentenced: Why was crucial public information regarding Ukwuachu’s indictment withheld in June 2014? Who withheld it? Why?

More important, why is nobody asking why?

He was indicted for the crime, whose victim was an unidentified Baylor athlete, on June 25, 2014.  The list of indictments for that date does not include his name among the 100-plus released.

What happened was that Ukwuachu apparently was indicted first, then arrested and charged via a “direct indictment,” which shields the suspect and others from the open records of a pre-indictment arrest report.  The name was then redacted from the indictment list released to the public.

According to the attorneys that I talked to, a direct indictment, or any such situation where the case is sealed, is usually used when a juvenile or someone else involved in the case (usually the victim) needs shielding for their own protection.

Under what logic could that be applied to Ukwuachu’s case?  Concern for the victim?  The other sexual assault cases also involved victims, but the DA’s office did not seem to show the same reticence in publishing the names of those defendants.

And anyway, this is all speculation without a specific arrest report.  Remember that the information gap existed between the unreported indictment and the week before the trial began.  The arrest, never reported, falls into the same void.

UPDATE: After reading Paula Lavigne’s Outside the Lines report on Baylor’s response to sexual assault cases involving athletes, I linked her to this article and asked her if she had any idea why the Ukwuachu indictment had been sealed.  She replied via Twitter:

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I do appreciate Lavigne’s taking the time to reply, but I don’t see the connection between an unreported indictment/arrest and a gag order.  A gag order is a frequent ruling in a high-profile trial.  But it relates to behavior outside of the court, not to the release of arrest information.

If the judge did want to limit public comments on the case, why not release the indictment/arrest (as is typically done) and simultaneously issue a gag order to all participants, as the judge did when Ukwuachu’s trial actually began?  Wouldn’t that accomplish the same goal, while providing the Waco and Baylor communities with important information?

Still, with the indictment information not released, as she pointed out, the Waco Tribune-Herald would not be in a position to know about the indictment:

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(NOTE: The rest of these paragraphs were part of the original post.)

The on-campus student affairs office investigation had apparently been closed by the time of the indictment.  The various reports do not give specific dates on that investigation, but a university representative said they try to complete them within 60 days of reporting.

Were Baylor student affairs personnel aware of Ukuwachu’s indictment?  Would this provide the “new information” that allows a university to reopen a disciplinary case?

The broader issue here involves the openness of the legal system.  The Supreme Court has defended the open courts system — setting some sky-high hurdles for closing a trial.  That’s not a service to the media; it’s a right of the people.

Always, but especially these days, Americans need to know what is going on with their legal system.  When information is withheld, there needs to be an excellent reason for it.  Otherwise citizens might lose faith in the fairness of their legal system.

Now that they know, however, the media need to treat this more seriously.  It involves the withholding of sexual assault-related information to the Baylor and Waco community — to young women, to their parents.  It hindered the media from doing their job.

This editorial from the Waco Tribune-Herald asks some important, direct questions, but seems to breeze past the issue of the sealed indictment with little acknowledgement, as if it were a mundane legal procedure instead of an ethical decision that deserves scrutiny.

Perhaps there is a good reason for sealing the indictment and not disclosing the arrest, and if that reason is offered, I will share it.  (Update: Seven months later, a satisfactory reason still has not been shared.)  For now, it looks like the same cozy relationship between police and college football team that has been cited and criticized on other campuses — though for an issue like sexual assault, it is particularly unthinkable that any college or its surrounding community would tolerate the strategy used by the Waco police and DA.

Even more frustrating is when no one cares enough to ask DA Abel Reyna or Assistant DA LaBorde.

Baylor has faced and has tried to answer a lot of questions following the Ukwuachu and Tevin Elliott cases.

Let’s not ignore questions about another question: a published indictment list that omitted the name of an accused felon.

 

The Watchdog vs. The (Baylor) Bear

The Texas Monthly expose on Baylor and Sam Ukwuachu will produce enough troubling questions — for head coach Art Briles and Baylor associate dean Bethany McCraw in particular.

The story, or lack of it, should also trouble sports journalists.  According to reports, the assault happened in October 2013.  The Waco Police Department did not press charges and sent the case to the district attorney for evaluation.  In March 2014, the assistant DA Hilary Laborde decided to move ahead.  On June 25, 2014, a grand jury indicted Ukwuachu, and he was arrested.

This Deadspin article, great work by Diana Moskovitz, provides helpful details, including a copy of the true bill of indictment returned by the grand jury.

This is where things begin to get murky.

As Moskovitz points out, prosecutors’ choice to go the grand jury route does invite questions, because a grand jury process is, by nature and law, more secretive than a public arrest.  When an athlete, or any suspect, is arrested, the accompanying mugshots, and sometimes even “perp walks,” draw attention.

Still, in McLennan County, once someone is indicted, it is publicized.  Supposedly.

The Waco Tribune-Herald posts indictments twice a month to its website, and those indictments remain available for public viewing.  The report of June 25, 2014, indictments, when Ukwuachu was indicted, mentions more than 100 names, and five specifically mention some form of sexual abuse.

Ukwuachu’s name does not appear in this list. Why not? Was the name redacted from the list before it was given to the Waco newspaper?

According to Texas Monthly, when the requested information on Ukwuachu’s indictment and arrest, the received “a letter declaring that all information outside of the Incident Report following Doe’s visit to Hillcrest Hospital the day after her encounter with Ukwuachu was exempt from the law requiring disclosure.”

Still, if that’s the case, under what judgment was Ukwuachu’s name deleted from a public list, and not the rest?  If it’s exempt from “the law requiring disclosure,” why publicize indictments at all?  The 100-plus folks whose arrests were publicized would wish they got the same break as Ukuwuachu.

True, McLennan County DA Abelino Reyna is a 1997 graduate of Baylor Law School. With no specific response on his office’s part, however, the question remains, and is troubling.

It should also be mentioned that the prosecuting DA, LaBorde, also went to Baylor, but that did not stop her from investigating and then prosecuting Ukwuachu

I have reached out to the Waco Tribune-Herald via e-mail.  The McLennan County DA’s office (no e-mail listed) has refused all interview requests.

The first report appeared in the Tribune-Herald on Aug. 5, more than 13 months after the indictments were handed down.  The lag time invites questions, particularly related to the local newspaper’s function as a watchdog.

As any competent sports writer, college or pro, will tell you, the good reporters know how to uncover such information. Whether through strategic Web searches or well-placed sources, they know when players are arrested amazingly soon after it happens and can guide their readers through the court process.

Court-related documents are available online through databases like Scribd, as Moskovitz demonstrated in her article.

But before casting too much blame on the newspaper, realize that no reporter’s system can do everything, and an insular community like Waco is a prime culture to thwart such information gathering.  For whatever reason, the public did not learn of the announcement until twelve days before the trial itself began.

According to the Deadspin article, Judge Matt Johnson did issue a gag order, but that did not happen until Aug. 7 of this year, shortly before the trial began.

As the handling of the Ukwuachu case is discussed, concern will be directed at Baylor personnel, who admitted a player with problems at his previous school.  Dan Wolken rightly took Briles to task in a USA Today column for putting Ukwuachu’s victim, and every female at Baylor, at risk by allowing him to transfer in.

This concern relates closely to constitutional guarantees for open trials.  This right belongs not to the media, but to the public.  Community members have a right to know what is going on in matters that relate to their public safety, and it is the news media’s duty to provide that information.

When information is withheld from the public, as it was in the list of indictments published on the WacoTrib.com website, the system has failed, and citizens deserve to know how and why.