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By Richard L. Connor rconnor@timesleader.com
Editor and Publisher

AS COINCIDENCE would have it, I was with a friend this past week who is a criminal defense lawyer of national renown and we were discussing everything from law enforcement, the judicial system, and the media.

Almost as important is the topic we were not talking about. We weren’t discussing Luzerne County debit cards and possible misuses of those cards.

But, we traveled that road, too.

The lawyer is in his 60s and has defended his share of the notorious. Among them have been men and women accused of petty crimes, misdemeanors, and the more serious such as stealing and even murder. One case he handled accused the federal government of conspiracy to commit murder. He was on the opposite side of the government.

What is the biggest change in society these days relative to his work, I asked?

“Presumption of innocence,” he said in a blink of the eye. “No such things these days - if there ever was.

He paused.

“No, I take that back,” he said. “It existed back when I started practicing law 40 years ago.”

Now, he says, the presumption from the start is that a person is guilty until proven innocent instead of vice versa.

He said the blame for this switch extends from government, to the judiciary and to the press and what he called its “gotcha journalism.” Cynicism has spread throughout the general populace, he said.

And, he said, even if a person is found to be innocent, the presumption and assumption of guilt hang over the accused like a dark cloud, sometimes forever.

His perspective rang with the sound of truth as we all shifted through the news about the alleged use of steroids among Major League Baseball players.

The probe led by former U.S. Senator George Mitchell has concluded and Thursday’s release of the report said 89 big league baseball players had been implicated in the use of performance-enhancing and illegal drugs.

Among those mentioned were pitcher Roger Clemens, a seven-time Cy Young Award winner, along with seven players who have been selected Most Valuable Players by Major League Baseball. There was at least one player from each of the 30 teams named in the investigation.

Clemens through his attorney denied the allegations, but we all know that he will forever have those among us who believe he is guilty.

This is true even though the main finger-pointing in the investigation was given by two former trainers, Kirk Radowski and Brian McNamee. Who among us is wondering about their motives?

McNamee, according to press reports, agreed to cooperate with the U.S. Attorney’s Office with the assurance he would not be charged of any crimes if he told the truth. Radowski is a convicted criminal who is waiting to be sentenced on federal charges of steroid distribution.

So, you have to ask yourself this: if there is no way to prove the guilt of someone such as Clemens does that mean McNamee did not tell the truth and therefore will be charged?

Of course he won’t. Clemens will live forever under the presumption of guilt.

Here’s how a news story described the Clemens testimony and reaction from his attorney about the report:

“Mr. McNamee is quoted describing how he injected Mr. Clemens with illegal drugs at least 16 times from 1998 through 2001. Mr. Clemens, 45, adamantly denied the report’s accusations of his use of steroids and human growth hormone, his Houston lawyer, Rusty Hardin, said in a telephone interview Thursday night. Mr. Hardin said he had been told Mr. McNamee was pressured to give up names or face prosecution by the IRS Special Agent Jeff Novitzky, who has led the Bay Area Laboratory Co-Operative and Radomski investigations.

Mr. Hardin criticized Mr. Mitchell for naming players based on uncorroborated allegations. ‘He has thrown a skunk into the jury box, and we will never be able to remove that smell,’ Mr. Hardin said.”

Here, closer to home we now have the federal government announcing it will investigate the possible misuse of debit cards by Luzerne County officials.

The presumption of innocence in these matters would be a refreshing return to values of the past and gentler, less skeptical times.

Richard L. Connor is editor and publisher of The Times Leader. Reach him at rconnor@timesleader.com