S
becial prosecutor H.G. Foster has two serious questions to settle in his review of rape allegations against University of Arkansas basketball players.
The first is whether a young lady was raped. The second is whether the University Police and local authorities treated the accusation lightly.
The family of the young lady sought a special prosecutor shortly after Washington County prosecuting attorney John Threet decided against pressing charges. We commend Threet for joining that request for an independent review. He
.
A cynic could argue Threet had no real choice. We disagree. Threet could have delayed the review by at least a few days without much effort. This would have made a successful challenge of his findings more difficult. “Nothing that a prosecutor does gets better with time,” said Foster, who will start as soon as next week. He is right.
Nothing - not the physical evidence, the public’s trust or the memories of the witnesses - is helped by anything slower than all deliberate speed.
To be clear, we are glad the investigation is starting but we are not encouraging a hasty run-through. Evidence must be gathered quickly but laboratory tests and analysis will take time. Interviewing witnesses again will take time.
We want the special prosecutor to do his duty quickly. We also want him to have time to do it. We will be watching to see whether the review proceeds with too much haste or not enough.
We hope the accusations are fully resolved. We do not, however, want the review to reach for a conclusion if there is not a clear one. That should go without saying, but emotions are high.
It is a very harsh fact of life that even a full, thorough investigation does not always result in criminal charges when a crime has been committed. It is also a very harsh fact of life that full exoneration of the accused when no crime has been committed does not always happen either.
We should all keep in mind that the purpose of this investigation is not to settle something in the court of public opinion. This is a criminal investigation. This is as serious as it gets. Foster will investigate whether the person of a young woman was violated. He will also decide if any or all of these young men should be charged with a crime that could lead to penalties almost as severe as a murder sentence.
Then there is the matter of authorities who are sworn to protect young adults at the university who have left their homes, many of them for the first time, did their duty.
Parents want to know if the school they send their sons and daughters to is safe and if the authorities in that community are responsible.
Fayetteville prides itself on being a safe, welcoming community. Our reputation is bound up in this investigation too. More important, we live here. An allegation of favoritism by local authorities literally gets us where we live.
If this review does result in the filing of rape charges, authorities will have a lot to answer for. Threet knew that when he agreed. It shows confidence in his own judgment but also a willingness to stand accountable. Again, we commend him for it.
Opinion, Pages 5 on 11/07/2009



Comments
To report abuse or misuse of this area please hit the "Suggest Removal" link in the comment to alert our online managers.
Use the comment form below to begin a discussion about this content.
Login to comment
If you are already registered, click here to LOGIN.
You can register for FREE to post comments and receive alerts.