Tag Archives: #McClatchy

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The Lexington Herald-Leader once again tramples on McClatchy Mugshot Policy . . . for a white guy.

We have noted, dozens of times, the McClatchy Mugshot Policy. Though I have never been able to find it officially published, when it was first emailed to McClatchy reporters and editors, a couple of the recipients sent it out via Twitter, which is the source of the image to the left, with the full text being printed in the footnote.[1]McClatchy Mugshot Policy: Publishing mugshots of arrestees has been shown to have lasting effects on both the people photographed and marginalized communities. The permanence of the internet can mean … Continue reading

The Lexington Herald-Leader, a McClatchy-owned newspaper, has made several exceptions to the mugshot policy, but, as we have noted previously, a policy which was put in place because publishing mugshots “disproportionately harms people of color and those with mental illness,” has seen many of the exceptions made when the suspect in a crime is white, and very rarely when the suspect is black. This site, which does publish mugshots, has wondered why the newspaper concealed the pictures of Jo’Quon Anthony Edwards Jackson, or Juanyah J Clay?

Well, here they go again!

Suspended Lexington middle school principal resigns. State license board may take action

Mike Hale, photo by Fayette County Public Schools, and published here.

by Valarie Honeycutt Spears | Thursday, February 15, 2024 | 9:07 AM EST | Updated: Friday, February 16, 2024 | 6:47 AM ESTA Lexington middle school principal who has been suspended since April 2023 has resigned, a letter released Wednesday under the Kentucky Open Records Act said.

In April 2023, Fayette County Public Schools school officials placed principal Gregory Michael Hale on administrative leave. They have never said why, only citing “the public nature of the situation”. State child protection officials have not released details of their investigation to the Herald-Leader.

In a Oct. 2, 2023 resignation letter released to the Herald-Leader, Hale said, “My intent is to use my vacation, personal, emergency and sick leave. Therefore, I render my resignation as executive principal at Winburn Middle School effective June 11th, 2024. It has been wonderful working for Fayette Public Schools and I wish you and everyone in the system the very best.“

The spokesperson for the Kentucky state department that handles child protection said in April they were investigating a situation that resulted in Hale being placed on administrative leave. No other information was given at the time.

Read more here.

Yes, what my best friend used to call the Herald-Liberal did publish that photo of Mr Hale, which I screen captured at 8:44 AM EST on Friday. I did crop the photo for easier publication.

Mrs Spears’ report continued to tell us that the Kentucky Education Professional Standards Board, which licenses professional educators, denied an open records request on the case, stating that their investigation has not yet been completed, and that Fayette County Public Schools Chief of Staff Tracy Bruno stated that the district does not comment on personnel matters. State child protection officials did not respond to inquiries from the newspaper.

So, what do we have here? The references to state child protection agencies would naturally lead readers to infer that Mr Hale is suspected of some form of inappropriate contact with minors, but here we have a middle school principal who was suspended ten months ago, yet has not been charged with any crime, and the newspaper, if it has any inside information on the case, has not reported it. With the McClatchy Mugshot Policy stating, “The permanence of the internet can mean those arrested but not convicted of a crime have the photograph attached to their names forever,” would that not pertain even more strongly to a man who has yet to be arrested and charged with a crime?

References

References
↑1 McClatchy Mugshot Policy:

Publishing mugshots of arrestees has been shown to have lasting effects on both the people photographed and marginalized communities. The permanence of the internet can mean those arrested but not convicted of a crime have the photograph attached to their names forever. Beyond the personal impact, inappropriate publication of mugshots disproportionately harms people of color and those with mental illness. In fact, some police departments have started moving away from taking/releasing mugshots as a routine part of their procedures.

To address these concerns, McClatchy will not publish crime mugshots — online, or in print, from any newsroom or content-producing team — unless approved by an editor. To be clear, this means that in addition to photos accompanying text stories, McClatchy will not publish “Most wanted” or “Mugshot galleries” in slide-show, video or print.

Any exception to this policy must be approved by an editor. Editors considering an exception should ask:

  • Is there an urgent threat to the community?
  • Is this person a public official or the suspect in a hate crime?
  • Is this a serial killer suspect or a high-profile crime?

If an exception is made, editors will need to take an additional step with the Pub Center to confirm publication by making a note in the ‘package notes‘ field in Sluglife.
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You in a heap o’ trouble!

Meet J’Lynn Hersey! Just four weeks after his 18th birthday, young Mr Hersey managed to rack up an impressive list of criminal charges:

  • KRS §508.010 Assault, First Degree, a Class B felony, 1 count
  • KRS §512.020 Criminal Mischief, First Degree, a Class D felony, 3 counts
  • KRS §512.030 Criminal Mischief, Second Degree, a Class A misdemeanor, 2 counts
  • KRS 512.040 Criminal Mischief, Third Degree, a Class B misdemeanor, 2 counts
  • KRS §508.060 Wanton Endangerment, First Degree, a Class D felony, 5 counts
  • KRS §520.095 Fleeing or Evading Police via Motor Vehicle, First Degree, a Class D felony, 1 count
  • KRS §520.095Fleeing or Evading Police on Foot, First Degree, a Class D felony, 1 count
  • Leaving the Scene of an Accident, Failure to Render Aid or Assistance, 1 count
  • No Operator’s License, Moped, 1 count
  • Failure to Appear, Citation for Misdemeanor
    • KRS §508.010 Assault, First Degree, a Class B felony, 1 count
    • KRS §508.060 Wanton Endangerment, First Degree, a Class D felony, 2 counts
    • KRS §527.100 Possession of a Handgun by a Minor, a Class A misdemeanor for a first offense, Class D felony for a subsequent offense, 2 counts
    • KRS 512.040 Criminal Mischief, Third Degree, a Class B misdemeanor, 2 counts

Under KRS §532.060, the sentence for a Class B felony is not less than ten (10) years nor more than twenty (20) years imprisonment, and the sentence for a Class D felony is not less than one (1) year nor more than five (5) years imprisonment. Under KRS §532.090, the sentence for a Class A misdemeanor is imprisonment for a term not to exceed twelve (12) months.

Young Mr Hersey could be spending a good, long time as a guest of the Commonwealth, at least if Commonwealth’s Attorney Lou Anna Red Corn doesn’t use ‘mediation’ to let him off lightly. It would seem that young Mr Hersey, if he is guilty of the charges against him — and he is innocent until proven guilty — has a serious lack of respect for the law:

18-year-old faces charges for two recent shootings in Lexington, police say

by Alex Acquisto | Friday, August 19, 2022 | 7:47 AM EDT

J’Lynn Hersey, photo by Fayette County Detention Center, and is a public record.

A young man arrested earlier this month for a shooting on East Short Street has been charged with crimes related to another shooting.J’Lynn Hersey, 18, has been charged in a shooting that occurred on Aug. 11 in the 800 block of Nickwood Trail and left one man injured, the Lexington Police Department announced Thursday.

Hersey was previously taken into custody and charged in a shooting on East Short Street near Elm Tree Lane on Aug. 12. In that incident, he allegedly fired multiple shots from his car at another vehicle and then fled from police on foot.

Around 9:10 p.m. on Aug. 11, officers responded to a shots fired call on Nickwood Trail. Police arrived to find a 27-year-old man suffering from a gunshot wound. He was taken to a hospital with non-life threatening injuries, police said.

In addition to the charges stemming from the shooting on East Short Street, Hersey has been charged with first-degree assault, two counts of wanton endangerment, three counts of first-degree criminal mischief, two counts of second-degree criminal mischief, and two counts of third-degree criminal mischief.

What my best friend used to call the Lexington Herald-Liberal chose not to publish Mr Hersey’s mugshot, but WKYT-TV, Channel 27, showed it, as did WTVQ-TV, Channel 36, WLEX-TV, Channel 18, and the city’s press release. Despite the McClatchy Mugshot Policy’s[1]McClatchy Mugshot Policy: Publishing mugshots of arrestees has been shown to have lasting effects on both the people photographed and marginalized communities. The permanence of the internet can mean … Continue reading concern about ‘disproportionate harm to people of color,’ the people of Lexington knew what Mr Hersey looked like. The newspaper claims a daily readership — not circulation — of 159,826, which assumes that three people read each copy, while the total number of households of the three television stations which showed Mr Hersey’s mugshot was for the 6:00 PM newscast is 95,000.[2]Calculated as an 18.7% ‘share,’ where one rating point equals 5,082 homes. The Herald-Leader did not keep readers from knowing that the suspect is black. And let’s tell the very politically incorrect truth here: anyone who read the suspect’s first name, J’Lynn, simply assumed that he is black.

I asked, just yesterday, if The Philadelphia Inquirer’s policy of concealing race from news stories doesn’t actually contribute to the stereotype that most criminals are black. In Philly, it seems like they are! But as I showed here and here and here and here, just over the last month, a lot of criminal suspects in Lexington are white. By concealing mugshots, the Herald-Leader just might be strengthening the stereotype that they are trying to kill.

Back to Mr Hersey: does anyone really believe that this guy — assuming that the charges against him are valid — is really a candidate to be reformed? Or is he more likely to commit other violent crimes after he gets out of prison? We can’t know that, in advance, but we do know one thing: as long as he’s behind bars, he won’t be shooting up Lexington’s streets. And the next time he does shoot up the city’s streets, someone could wind up stone cold graveyard dead.

References

References
↑1 McClatchy Mugshot Policy: Publishing mugshots of arrestees has been shown to have lasting effects on both the people photographed and marginalized communities. The permanence of the internet can mean those arrested but not convicted of a crime have the photograph attached to their names forever. Beyond the personal impact, inappropriate publication of mugshots disproportionately harms people of color and those with mental illness. In fact, some police departments have started moving away from taking/releasing mugshots as a routine part of their procedures.

To address these concerns, McClatchy will not publish crime mugshots — online, or in print, from any newsroom or content-producing team — unless approved by an editor. To be clear, this means that in addition to photos accompanying text stories, McClatchy will not publish “Most wanted” or “Mugshot galleries” in slide-show, video or print.

  • Is there an urgent threat to the community?
  • Is this person a public official or the suspect in a hate crime?
  • Is this a serial killer suspect or a high-profile crime?

If an exception is made, editors will need to take an additional step with the Pub Center to confirm publication by making a note in the ‘package notes‘ field in Sluglife.

↑2 Calculated as an 18.7% ‘share,’ where one rating point equals 5,082 homes.
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An accused killer arrested in Lexington, had gotten off lightly for a previous murder

We have previously noted that Fayette County Commonwealth’s Attorney Lou Anna Red Corn had a history of giving accused murderers the opportunity to plead guilty to manslaughter instead, and get reduced sentences.

Miss Red Corn was a member of the Commonwealth’s Attorney’s office in 2012, but was not the office holder at the time.

    Man previously convicted in a deadly shooting faces murder charge in Lexington

    by Christopher Leach | Friday, April 8, 2022 | 2:40 PM EDT | Updated: 3:12 PM EDT

    Kenneth Waskins, photo by Fayette County Detention Center, and is a public record.

    The Lexington Police Department has arrested a man accused of killing 38-year-old Wesley Brown on Breckenridge Street more than a year ago.

    Kenneth Wadkins, 41, was taken into custody Friday morning, police said. He’s been charged with murder and is being held at the Fayette County Detention Center on a $500,000 bond, according to jail records.

    On Jan. 21, 2021, police found Brown with a gunshot wound in the 500 block of Breckenridge Street after responding to a call of shots fired, according to police. Brown was taken to the hospital but died of his injuries two weeks later.

    The incident was one of five fatal shootings in Lexington in January 2021. Wadkins previously faced a murder charge when he was arrested and accused of the 2010 killing of Rocardo Cole. His charge was later amended down to facilitation to manslaughter after accepting a plea deal. He was sentenced to five years in prison. Joseph Richardson, another defendant accused of killing Cole, pleaded guilty to reckless homicide. He was also sentenced to five years.

    The victim’s family said at the time they didn’t feel justice was served, but prosecutors said they had trouble finding witnesses who saw the entire altercation that led to Cole’s death. The prosecution ultimately negotiated plea deals with both men after talking to witnesses and the defense.

Also see: Applause in courtroom when Woodford County judge rejects a negotiated 10-year sentence after killer allowed to plead down.

This is what happens when a killer is treated leniently. While Mr Wadkins must be presumed innocent until proven guilty, if the charge against him is accurate, the only reason that Wesley Brown is dead is because Mr Wadkins was not in prison when he should have been, when he could have been had the Commonwealth’s Attorney been able to find sufficient witnesses to put him away for murder.

The Lexington Herald-Leader, of course, declined to publish Mr Wadkins’ mugshot. Given that Herald-Leader reporter Christopher Leach referred to viewing “jail records”, and it was from the Fayette County Detention Center’s public records that I obtained the photo, it’s obvious that Mr Leach saw the mugshot, and could have used it, were it not for the stupid McClatchy Mugshot Policy.

That policy is meant, supposedly, to protect those accused but not convicted, but Mr Wadkins was an already convicted felon. This is the kind of man who, if you see him coming toward you on the sidewalk, you should be on your guard, and cross the street if you can, but the Herald-Leader doesn’t want the people of Lexington to have that information.

Will Miss Red Corn be able to put Mr Wadkins away for murder this time? Will she even try? After all, she allowed Xavier Hardin to plead guilty to manslaughter, when his killing of Kenneth Bottoms, Jr, was caught on a security camera.

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At what point do purposeful omissions become deliberate lies? The Lexington Herald-Leader, the McClatchy Mugshot Policy, and the attempt to deceive the public

On The First Street Journal, I frequently refer to journolism. The spelling ‘journolist’ or ‘journolism’ comes from JournoList, an email list of 400 influential and politically liberal journalists, the exposure of which called into question their objectivity. I use the term ‘journolism’ frequently when writing about media bias.

I have done several searches, over time, to find the McClatchy Mugshot Policy written down as an official communique from the company, without success. I have found it specified in this tweet from Nicole Manna, who described herself as an “Investigative reporter for the @StarTelegram focusing on criminal justice. Dog mom. Florida native. Olive enthusiast. Tip me, please: nmanna@star-telegram.com”. I have reproduced the photo of the e-mail, and you can click on the image to enlarge it for easier reading.

The Kansas City Star, a McClatchy newspaper, noted in this article that “The Star’s parent company, McClatchy, announced this summer that it would stop publishing mugshots unless approved by an editor”, but while I was able to copy that much from a Google search, the article is “subscriber-only content”, so I cannot access it. My digital subscription to the Lexington Herald-Leader, another McClatchy newspaper, does not give me access to other company sites.

The Columbia Journalism Review published an article by Cory Hutchins on October 24, 2018, “Mugshot galleries might be a web-traffic magnet. Does that justify publishing them?“, asking if the publication of mugshots of accused but not convicted criminal suspects is ethical; this was before the McClatchy Mugshot Policy went into effect.

On October 20, 2021, the American Press Institute welcomed Kamaria Roberts to the fold, saying in part:

During her time at McClatchy, Roberts served as a co-chair to the news division’s first Advisory Team, which focused on diversity and inclusion efforts in newsrooms and in the content that they produce. In that role, she and nine other colleagues delivered significant recommendations of many consequential initiatives, including McClatchy’s mugshot policy and the company’s style change to capitalize Black in references to people and culture.

Without an official link to the policy from McClatchy itself, that’s the best documentation up with which I can come, but I believe it sufficient to prove the point.

I documented in “The Lexington Herald-Leader does race-based reporting” how the newspaper’s digital version of “2 died in a robbery, gunfight spree in Lexington. Shooter pleads in 1 case” declined to print the mugshot of Jemel Barber, who pleaded guilty to “one of two fatal shootings during a string of robberies and gunfights in Lexington,” while, in “Hour-long standoff at Stanton gas station leads to arrest of sexual assault suspect“, published only four minutes after the update on Mr Barber’s conviction, the paper did publish the mugshot, a very disrespectful looking photo, of Craig Worm, 50, an arrested but not convicted sexual assault suspect.

It was on that story that I left a comment noting that the Herald-Leader has been publishing the photos of white suspects, but not black convicted murderers. Peter Baniak, the editor, certainly has noted the point, as have reporters Chris Leach and Jeremy Chisenhall, but, as of Monday, November 22, 2021, the photo is still on the story.

The paper did not stop when notified: on Thursday, November 18th, the web edition had Christopher Leach’s story, “Kentucky woman ran to neighbor for help. Boyfriend charged over what happened next.“, with this photo of suspect Mark Anthony Hoover, while on Friday, November 19th, Mr Leach’s story “Corbin man charged after allegedly beating father with pipe” included this photo.[1]For documentary purposes, I have included both the original link to the picture as well as my download of it, stored on this site. I do this in case the paper deletes the photo.

This is hardly something that has happened in just the past week or so. I noted, half a year ago, that the Lexington Herald-Leader does not like posting photographs of accused criminals, even when the suspect is an accused murderer and is still at large, and publishing the photo might help the police capture him. something which ought to have triggered the “Is there an urgent threat to the community?” exception in the mugshot policy.

The McClatchy policy states that any exceptions to the general policy of not publishing mugshots “must be approved by an editor.” The newspaper lists four (non-sports) editors who might be responsible for taking such decisions:[2]This list may be out of date; looking at it, I noted that reporter Daniel Desrochers, who has moved on, is still listed, while Christopher Leach, a recent hire, is not.

  • Peter Baniak, Executive Editor and General Manager;
  • Deedra Lawhead, Deputy Editor, Digital;
  • Brian Simms, Deputy Editor, Presentation:, or
  • John Stamper, Deputy Editor, Accountability

So, who is approving printing all of the mugshots of white suspects, or white convicted criminals, yet not wanting those of black suspects or convicted criminals published?

But more important than the “who” is the “why”. The answer to that may be found in The Sacramento Bee, the lead McClatchy newspaper, which led the way on the no mugshot policy. While much of the current policy, as stated, can be found in this article, this paragraph includes something not in the stated policy:

Publishing these photographs and videos disproportionately harms people of color and those with mental illness, while also perpetuating stereotypes about who commits crime in our community.

It’s that last, “perpetuating stereotypes about who commits crime in our community,” that is the key. The Herald-Leader, or so it seems to me, does not want to perpetuate those stereotypes, and, whether intentionally or otherwise, seems to be trying to reverse those stereotypes. From the Bee again:

(T)he San Francisco Police Department earlier this month announced it will no longer release mugshots, unless the public is in imminent danger.

“This policy emerges from compelling research suggesting that the widespread publication of police booking photos in the news and on social media creates an illusory correlation for viewers that fosters racial bias and vastly overstates the propensity of Black and brown men to engage in criminal behavior,” Police Chief William Scott said in a statement.

I will admit it: I fail to see how publishing the facts “overstates” anything.

The Lexington Police Department’s Shooting investigations page reports, as of November 19, 2021, 120 non-fatal shootings in Fayette County. That page lists the race of the victims, something the Homicides page does not.

Of 120 shooting victims, 19 are listed as white, 11 as Hispanic, leaving 90 victims being listed as black. That’s an even 75.00%, in a city that the 2020 Census lists as being only 14.7% black. While the number of shootings which have resulted in arrests is really too low from which to draw numbers, we do know that most murders and attempted murders are intraracial, not interracial, in nature. In the vast majority of cases, white people kill other white people, and black people kill other black people. Unless there has been a substantial deviation from that norm, something which neither the Herald-Leader nor any other Kentucky media have reported, 75% of all shootings in the city having black victims means that a similarly high percentage of the shooters are black as well.

So what are the editors of that newspaper doing? Whether intentionally or otherwise, the paper’s coverage of crime and their choices in which photos to use appear to be aimed at persuading readers that the perpetrators of crimes in the region are primarily white. While in the eastern Kentucky areas of the Herald-Leader’s circulation area, that’s probably true, given that the percentage of the population in that area is very low, when you get to the city of Lexington, the numbers say that no, that’s not the case.

This is journolism, not journalism, this is the skewing of information to produce a false impression. If the editors are aware of what is being done in the newspaper and website they control, they are deliberately lying to their readers; if the editors are somehow not aware of what they have been doing, then they are not competent in doing their jobs, and need to be replaced.

 

References

References
↑1 For documentary purposes, I have included both the original link to the picture as well as my download of it, stored on this site. I do this in case the paper deletes the photo.
↑2 This list may be out of date; looking at it, I noted that reporter Daniel Desrochers, who has moved on, is still listed, while Christopher Leach, a recent hire, is not.
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The Lexington Herald-Leader makes another exception to the McClatchy Mugshot Policy . . . for a cute (?) white girl * Updated! *

Emily Darnell lives in Paducah Kentucky, at the far western end of the Bluegrass State. A story about a non-lethal stabbing, a domestic violence episode in the county seat of McCracken County, wouldn’t normally attract much interest in the Lexington Herald-Leader, but in this very ordinary case, it was ‘important’ enough for one of the newspaper’s reporters to write about it himself:

    Kentucky woman charged after boyfriend stabbed during fast food argument

    by Christopher Leach | Tuesday, November 2, 2021 | 7:39 AM EDT | Updated: 7:44 AM EDT

    A Paducah woman has been charged with second-degree assault after allegedly stabbing her boyfriend in an argument over fast food, according to the city police department.

    Police were called to a home on Goodman Street at 11:05 p.m. Sunday where they found a wounded man walking away from the home, according to a department Facebook post. He accused his girlfriend, Emily Darnell, 23, of stabbing him with a kitchen knife.

    According to police, the victim said he was asleep when Darnell woke him up, wanting to go to a fast food restaurant. The man declined and went upstairs to get away from Darnell.

There are a couple more paragraphs in the original.

Ordinarily this is not a story which would have caught my attention, other than Miss Darnell’s mugshot; the photo to the right is a screenshot of the picture at the bottom of the referenced story, taken at 9:14 AM EDT. We have noted, many times, that the Herald-Leader follows the McClatchy Mugshot Policy, but is very is inconsistent in its application:

Publishing mugshots of arrestees has been shown to have lasting effects on both the people photographed and marginalized communities. The permanence of the internet can mean those arrested but not convicted of a crime have the photograph attached to their names forever. Beyond the personal impact, inappropriate publication of mugshots disproportionately harms people of color and those with mental illness. In fact, some police departments have started moving away from taking/releasing mugshots as a routine part of their procedures.

To address these concerns, McClatchy will not publish crime mugshots — online, or in print, from any newsroom or content-producing team — unless approved by an editor. To be clear, this means that in addition to photos accompanying text stories, McClatchy will not publish “Most wanted” or “Mugshot galleries” in slide-show, video or print.

Any exception to this policy must be approved by an editor. Editors considering an exception should ask:

  • Is there an urgent threat to the community?
  • Is this person a public official or the suspect in a hate crime?
  • Is this a serial killer suspect or a high-profile crime?

If an exception is made, editors will need to take an additional step with the Pub Center to confirm publication by making a note in the ‘package notes‘ field in Sluglife.

According to the Paducah Police Department, Miss Darnell “was arrested on a charge of second-degree assault/domestic violence and booked into McCracken County Regional Jail”, but no note has been made, anywhere that I could find, which stated that she had been convicted of anything. She had been previously arrested, on May 3, 2020, for “menacing” and Indecent Exposure, 2nd degree, but I found no records of a conviction.

So, I have to ask: under the three conditions that editors for McClatchy Company newspapers are supposed to ponder when publishing mugshots, was Miss Darnell’s arrest considered? Is she an “urgent threat to the community”? Is she “a public official or the suspect in a hate crime?” Is she “a serial killer suspect or a high-profile crime?” The policy states that an editor has to approve the decision to print such.

What my best friend used to call the Herald-Liberal refused to print the mugshot of a previously convicted felon arrested for shooting two people in Lexington, a local teacher accused of raping a minor, and even accused murderers still on the loose, yet they had to show the mugshot of a woman who is not local, and has been accused of a domestic violence assault.

Would I be alone in thinking it’s because she’s a cute (?) white girl?

————————————–

Benjamin William Call, photo by Fayette County Detention Center, and is a public record.

Update: 12:55 PM EDT

Sometimes it really gets too funny. At 11:55 AM EDT, the Herald-Leader published the story “Judge won’t lower bond for man accused of fatal assault in Lexington parking garage,” about the request of the attorney for Benjamin Call, accused of beating John Tyler “Ty” Abner to death. As usual, I looked up Mr Call’s mugshot, a matter of public record, and published it here. Yet, as of 12:51 PM EDT, the newspaper’s website still has Miss Darnell’s mugshot attached to the story about her, despite me having notified both the Herald-Leader in general, and reporter Christopher Leach individually, via Twitter, of their odd choice to publish her mugshot.

The article on Mr Call being denied a bail reduction from $750,000 to $150,000 noted that Fayette District Court Judge Lindsay H Thurston stated:

    This court cannot ignore the seriousness of the allegation that has been placed against you. It is murder. It is a Class A felony. It is the most serious allegation in the Commonwealth.

Yet the Herald-Leader is doing what little it can to protect Mr Call’s privacy. Editor Peter Baniak needs to do a better job.

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The Lexington Herald-Leader and photos of accused criminals They withhold mugshots of convicted felons, but publish those of men acquitted of crimes.

We have previously reported on the Lexington Herald-Leader and its adherence to the McClatchy Mugshot Policy of not publishing photos of criminals booked, because it might harm them unfairly at some future point if they are acquitted. Thus, there were no mugshots accompanying this article:

    Officer saw two cars shooting at each other near Versailles Road. Pursuit ends in arrests.

    By Christopher Leach | September 27, 2021 | 11:56 AM EDT

    William Rutherford, Fayette County Detention Center, September 27, 2021, 2:17:09 AM

    Two adult males, one of which is an 18-year-old, are behind bars after allegedly getting into a shootout with another vehicle near Versailles Road and Alexandria Drive, police say.

    William Rutherford, 18, and Bryan Anicasio-Miranda, 20, were occupants of one of the vehicles involved according to police. They have both been charged with possession of a stolen firearm and possession of marijuana, per jail records.

    Police also said there were three juveniles in Rutherford’s vehicle that have been charged as well.

    According to police, an officer witnessed two cars that appeared to be shooting at one another near Versailles Road and Alexandria Drive late Sunday night. The officer was able to get behind Rutherford’s vehicle but Rutherford fled, according to the arrest citation.

    Lexington police Sgt. Daniel Burnett was unsure how long the ensuing pursuit lasted but said it ended with Rutherford pulling over. Court documents show that the officer recovered a stolen firearm, 35 grams of marijuana and beer inside Rutherford’s vehicle.

    Along with the stolen firearm and marijuana charges, Rutherford has also been charged with first degree fleeing or evading police, possession of an open alcohol beverage container in a motor vehicle and having no operator’s license and registration plates, per jail records.

There’s more at the original. The article did not, of course, include young Mr Rutherford’s mugshot, to which the reporter, Christopher Leach,[1]Chris Leach is a breaking news reporter for the Lexington Herald-Leader. He joined the newspaper in September 2021 after previously working with the Anderson News and the Cats Pause. Chris graduated … Continue reading had access, given that he noted that he checked Fayette County Detention Center records. Interestingly, the jail website had two mugshots of Mr Rutherford, a previous one dated April 6, 2021. Looks like he might not be the nicest guy around.

Bryan Anicasio-Miranda, Fayette County Detention Center, September 27, 2021, 3:08:22 AM.

That, of course, is second to Mr Anicasio-Miranda, who had three mugshots, one each in June and August of 2020 as well as the current one. One of his charges is possession of firearm by a convicted felon, so he’s definitely a bad guy. What my best friend used to call the Herald-Liberal didn’t publish his mugshot either, despite him being a previously convicted felon.

However, despite the McClatchy Mugshot Policy stating that “The permanence of the internet can mean those arrested but not convicted of a crime have the photograph attached to their names forever,” the paper has been willing to publish the photo of a former University of Kentucky basketball player in a story noting that he was just acquitted of the charges against him:

    Federal jury acquits former Kentucky basketball star of tax crime charges

    By Jeremy Chisenhall | Updated: September 24, 2021 | 2:26 PM

    A federal jury on Thursday acquitted former University of Kentucky and NBA basketball player Randolph Morris of several tax crimes.

    Morris was charged with three counts of wire fraud and eight counts of making false statements after he failed to report millions of dollars of foreign income while he played professional basketball in China from 2010 to 2017. Morris didn’t deny that he left the income off his taxes, but a jury ultimately ruled he didn’t intentionally defraud the United States.

    “This is a huge relief for his family,” said Whitney True Lawson, one of Morris’ attorneys. “We’re happy with this outcome. We think it was the right outcome.”

    Morris said he left the income off his taxes because he didn’t understand his tax responsibilities. The team Morris played for at the time, the Beijing Ducks, had a provision in Morris’ contract that stated his income was “net of tax.” The team was responsible for paying taxes on Morris’ behalf to the Chinese government, according to the contract.

    But the team was not paying taxes to the U.S. government.

There’s more at the original.

Mr Morris, being a former UK player, has had his photo in the Herald-Leader dozens, if not hundreds, of times. UK basketball is wildly popular in the Bluegrass State, and, let’s be honest about things, the only reason for some people to pay for subscriptions to the paper. But the very reason that the McClatchy policy stated for not having mugshots published, a person charged with a crime but not convicted, would absolutely apply to Mr Morris.

The Herald-Leader also had a story about charges being dropped against six UK football players, and if the paper didn’t print their photos, the article linked to all of the players individual biography pages, which did have photos. The article noting that a grand jury had declined to indict the players included a description of the events which led up to prosecutors wanting to file charges in the first place, to taint the players’ reputations. Kind of a far cry from the policy designed to protect the reputations of those accused of crimes but not convicted.

Of course, the story of a federal trial over “three counts of wire fraud and eight counts of making false statements” would probably not have made the paper at all were the accused not a UK basketball player or some other person of local note. The paper has very limited resources, and limited staffing as well.

The Herald-Leader is wracked with hypocrisy when following the McClatchy Mugshot Policy, but I’ve grown to expect nothing else from them.

References

References
↑1 Chris Leach is a breaking news reporter for the Lexington Herald-Leader. He joined the newspaper in September 2021 after previously working with the Anderson News and the Cats Pause. Chris graduated from UK in December 2018.
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Mugshot and photo hypocrisy from the Lexington Herald-Leader

We noted on Sunday that the Lexington Herald-Leader declined to post the mugshot of Brent Dyer Kelty, a man previously convicted of “several prior felonies in Fayette County since 2010,” in their story about him being indicted for the murder of an infant. In that, the newspaper followed the McClatchy Mugshot Policy, despite the fact that Mr Kelty, even if acquitted of murder, is still a multiply convicted felon.

The McClatchy policy is due to the possibility that an accused person might not ever be convicted, and thus having his mugshot published could harm him later in life. Of course, someone’s name is far more easily searchable, and just printing the suspect’s name can have far wider implications. For instance, prospective employers who do their due diligence on an applicant, will be searching for his name, not his photo.

But it seems that the Herald-Leader has no compunctions about printing the photo of someone accused of, and convicted of, a simple misdemeanor:

    Woman who attended University of Kentucky pleads guilty in U.S. Capitol riot case

    By Beth Musgrave | August 30, 2021 | 1:21 PM EDT

    Gracyn Dawn Courtright, a University of Kentucky student, faces charges linked to the Capitol riot on Wednesday, Jan. 6, 2020. This photo was included in a criminal complaint filed against Courtright and allegedly shows her holding the “members only” sign. PHOTO VIA FBI.

    A woman from West Virginia who attended the University of Kentucky pleaded guilty Monday to charges related to entering the U.S. Capitol during the Jan. 6 riot.

    In federal court in Washington D.C., Gracyn Dawn Courtright pleaded guilty to a charge of entering and remaining in a restricted area, according to federal court records. She had faced more charges.

    Courtright will be sentenced Nov. 16. She could face up to six months in prison in addition to other fines and restitution.

There’s more at the original.

It might be complained that Miss Courtright is a convicted criminal now, but the Herald-Leader published the same photo on June 28th, before she was convicted of anything.

Miss Courtright is hardly the only one of the Capitol kerfufflers whose photo has been published by the Herald-Leader, even before they were convicted of anything. The newspaper had at least two articles on Lori Vinson, one of which was before she was even charged with any crimes, which featured her photos.

Both Miss Courtright and Mrs Vinson are facing maximum sentences of six months in jail; Mr Kelty is a multiply convicted felon looking at spending the rest of his miserable life in prison, but the Herald-Leader protected the photo of Mr Kelty. On March 3rd, the newspaper published a story which identified 12 Kentuckians by name, with photos of 10 of them — some difficult to identify — who were charged with crimes related to the demonstration, but at the time not convicted of anything.

The Herald-Leader also declined to publish the mugshots of two men sentenced to a year for their part in assaults during a Black Lives Matter protest in the city. Their crimes were more serious than any of the ones of which the Capitol kerfufflers were convicted.

Of course, the very liberal Herald-Leader probably sees the Capitol kerfuffle as a hideous and heinous crime, because that’s what the left do, when it was, in reality, little more than an out-of-control, disorganized frat party. The only shot fired was from a Capitol policeman, and even though a few firearms were recovered from a couple of the protesters’ vehicles, none were taken from protesters in the Capitol Building.

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Credit where credit is due The Lexington Herald-Leader does the right thing

I have been critical enough of the Lexington Herald-Leader for not publishing mugshots of black criminal suspects, due to McClatchy’s mugshot policy. I specifically noted the failure to publish the mugshot of Juanyah J Clay, even though Mr Clay, an accused murderer, was on the loose, and publishing his mugshot might have helped the Lexington Police Department to apprehend him. He was apprehended the following day.

McClatchy policy is that mugshots will not be published, save for special circumstances, and an editor must decide whether to make an exception to the policy.

Any exception to this policy must be approved by an editor. Editors considering an exception should ask: Is there an urgent threat to the community?

Well, there is an urgent threat to the community, and someone at the paper took the correct decision:

Updated: FBI seeking man in Lexington after exchange of gunfire with law enforcement

By Jeremy Chisenhall and Morgan Eads | June 24, 2021 | 2:37 PM | Updated: 5:59 PM EDT

The FBI is seeking a fugitive after exchanging gunfire with him in Lexington, the agency announced Thursday afternoon.

FBI agents were in the process of trying to apprehend Antonio “Tony” Cotton on a fugitive warrant in Lexington when the officials exchanged gunfire with Cotton near the intersection of New Circle Road and Eastland Parkway, according to the FBI. Cotton fled the scene.

Cotton was wanted on a charge of interference with commerce by robbery, according to Katie Anderson, an FBI spokesperson.

There’s more at the original.

The image to the right is from the Herald-Leader’s story. Since I have been so critical, I should give credit where credit is due.

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For the Associated Press, #woke outweighs the public’s right to know

I suppose that this ought not to be a surprise.

We have previously noted the McClatchy Company’s mugshot policy, the one which doesn’t seem to be actually available on McClatchy owned newspaper websites, or McClatchy’s site itself. I only found documentation through a tweet.

Now it seems that the Associated Press has come up with its own version. From the Rock Hill, SC, Herald:

AP says it will no longer name suspects in minor crimes

By David Bauder, Associated Press Media Writer | June 15, 2021 | 5:51 PM EDT

NEW YORK
The Associated Press said Tuesday it will no longer run the names of people charged with minor crimes, out of concern that such stories can have a long, damaging afterlife on the internet that can make it hard for individuals to move on with their lives.

In so doing, one of the world’s biggest newsgathering organizations has waded into a debate over an issue that wasn’t of much concern before the rise of search engines, when finding information on people often required going through yellowed newspaper clippings.

Often, the AP will publish a minor story — say, about a person arrested for stripping naked and dancing drunkenly atop a bar — that will hold some brief interest regionally or even nationally and be forgotten the next day.

But the name of the person arrested will live on forever online, even if the charges are dropped or the person is acquitted, said John Daniszewski, AP’s vice president for standards. And that can hurt someone’s ability to get a job, join a club or run for office years later.

In one way, this makes more sense than the McClatchy policy, which doesn’t publish mugshots, but still prints the names of criminal suspects; search engines look for words, not faces. I noted in this story that while the Lexington Herald-Leader does not normally publish mugshots, it was easy enough for me to find the mugshots of criminal suspects.

The AP, in a directive sent out to its journalists across the country, said it will no longer name suspects or transmit photographs of them in brief stories about minor crimes when there is little chance the organization will cover the case beyond the initial arrest.

The person’s identity is generally not newsworthy beyond local communities, Daniszewski said.

The AP said it will also not link to local newspaper or broadcast stories about such incidents where the arrested person’s name or mugshot might be used. The AP will also not do stories driven mainly by particularly embarrassing mugshots.

The policy will not apply to serious crimes, such as those involving violence or abuse of the public trust, or cases of a fugitive on the run.

With this, the AP has taken it upon themselves to decide which crimes are serious. But, other than the ‘fugitive on the run,’ which wasn’t enough to get the Herald-Leader to publish Juanyah Clay’s mugshot, the rationale that publishing the name of a criminal suspect could hurt his life if he happens to be acquitted ought also to apply to rape, robbery or murder. Why would a man found not guilty of murder be different from a man found not guilty of disorderly conduct?

Remember the famous Duke lacrosse team rape case, the one in which Crystal Mangum falsely accused three team members of rape? The media absolutely loved that case, and even though then state Attorney General Roy Cooper “dropped all charges, declaring the three lacrosse players ‘innocent’ and victims of a ‘tragic rush to accuse'”, the names of the accused live on on the internet. Rape is a serious, violent crime, and three innocent men will be forever tarred with the accusation.

Now, either the public has a right to know about criminal charges, in which case names and mugshots of suspects are reasonably disclosed, or those accused have a right to privacy on everything, at least until they are convicted of a crime; that should not change based on the serious of the alleged crime.