TIME-WARNER AND HBO STAND BY THEIR MAN

By Michael Swann

Presumption of Innocence:

“One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.”

Source: Glossary of Legal Definitions, www.nolo.com.

I regret that I didn’t write this opinion sooner. At the time of the alleged Jim Lampley domestic violence incident, my sources were dryer than a homemade martini. I attempted to get the HBO perspective by phone and email, but understandably there were no comments forthcoming on a pending legal matter. But as time went on, Lampley became more and more vilified in print with hardly a peep in his defense.

Lampley is 57, the alleged victim is 29. It was the perfect formula for gossip fodder - sex, drugs, alcohol, and domestic violence.

As the whole world must know by now, Lampley was arrested on January 3 on suspicion of domestic violence, violating a restraining order, and dissuading a witness in an alleged New Year’s Eve assault of his fiancée, former Miss California Candice Sanders. The domestic violence charge is a felony. He was skewered on dozens of websites, blogs, and newspapers and left dangling for a couple of weeks until HBO finally announced that he would be at his regular post on January 20 to announce the Ricky Hatton-Juan Urango fight.

Sanders alleged in the temporary restraining order dated January 2, 2007 that she had had dinner with Lampley and his 14 year old son, Aaron, at The Chart House in Encinitas on San Diego’s North coast, then they returned to their apartment to watch movies.

Ms. Sanders wrote: “Jim seldom drinks but this evening he was drinking vodka and whiskey and became drunk. He was also high on pot. Aaron went to bed. Jim pulled me from the sofa I was on but I wanted to finish the movie before going to bed. Jim began to yell at me and chased me around the apartment. He grabbed me and threw me against a wall. He then threw me against another wall. He then threw me against the door and I collapsed. Aaron came out from his bedroom and saw me on the floor and came over to me. I asked Aaron to get me the phone so I could call the police. Jim beat Aaron to the phone and kept Aaron from getting [to the phone]. I left the apartment and went to a neighbor’s apartment and called the police. I was at the neighbor’s apartment when the police came and by that time Jim had taken Aaron and left…”

Sanders went on to write on the TRO that, “ I believe he has a history of violence but his ex-wife and his associates at HBO Sports where he is a sports announcer all protect his public image…”

In the same vein she writes, “There was one previous very serious incident about two months ago when he threw me down in a New York restaurant (observed by people at the restaurant) resulting in serious bruises for two weeks. The bruises extended from my neck to my tail bone. The incident was kept quiet by his associates because he was to broadcast a major fight 2 days later…”

Sanders claimed that the New Year’s assault left her with injuries to her head, neck and back.

According to the San Diego Sheriff’s department, Lampley was arrested when he showed up at Sanders’ apartment a day after the TRO was signed. He was released after posting $35,000 bond. He released a statement proclaiming his innocence and his confidence that the legal process would prove him not guilty.

These were, no doubt, damaging allegations to a person in the public eye. But the charge that a man might drink on New Year’s Eve is hardly shocking. If, in fact, he had smoked pot, it would still be just a blip on the radar. But - domestic violence is very bad for the image, right up there with child abuse, because it’s politically incorrect. No one cares if Lampley was under the influence, but seemingly everyone had to weigh in on the story like vultures at the suggestion that he was a woman beater while under the influence.

This is not an attempt to exonerate Lampley; we’ll leave it to his lawyers to argue his case in court. But even I can read the complaint and see possible holes in it. Was there an acrid aroma of the alleged weed lingering in the apartment? (It’s quite noticeable, so I am told.) If Lampley was so high, you would think he could barely reach the Doritos, let alone chase a 29 year old woman around the apartment, rough her up, and be able to drive his 14 year old son home. Not only that, but the tone of the complaint was vindictive, citing his image and an alleged cover up by his HBO associates. I’d be curious to know how she was certain that his associates protected his image. I mean, is that her opinion or did someone tell her that? If Lampley has a history of violence, where is the evidence to that?

Remarkably, not one but two of Lampley’s ex-wives have gone on record in his defense. His first wife, Linda Lee, said that it was “just unimaginable.” His third wife, anchorwoman and actress Bree Walker said, “My experience with Jim is that he’s never hit a woman.”

Yet every shred of dirty laundry imaginable about this case has been reported. No stone has been left unturned, from Sanders’ annulled marriage to a Jehovah’s Witness, Marlon Muller, who allegedly refused to have marital relations with her, to Lampley’s politics and blogs on the Huffington Post, to the shared congenital condition of ectrodactyly of Bree Walker and the Lampley children, Andrea and Aaron. The condition is referred as Lobster Claw Syndrome, the condition fusing together the digits of their hands and feet into claw type appendages. Is any of this garbage necessary to the case?

A reliable source close to the San Diego Sheriff’s Department referred to Ms. Sanders as, “a volatile little ditz,” and added “at the end of the day I bet it comes down to money.”

The source added that California State Law required that if any party in a domestic situation claims that the other has committed an act of violence, the peace officer is obligated to arrest the other party. Further, the source referred to the allegations as a “he said, she said situation,” and said that investigation on the case would come down to evidence provided by the bruises. For example, were they digital bruises, consistent with fingers?

“It’s the difference between probable cause and reasonable doubt,” the source said.

On January 20, the night of the Hatton-Urango fight, Lampley was rehearsing as aides applied makeup to his face prior to the event. Security was seated in each direction to prevent access to the announcing team, yet he walked to a sparsely inhabited area midway through the ballroom to take a cell phone call, pacing back and forth.

Lampley returned to his mark in front of the camera and picked up a card with notes. There was a severe tremor in his hand as he attempted to read the copy. Later, at home watching a recording of the fight, I saw that even the HBO microphone was detectibly shaking as he gave his pre-fight opening. His voice had a fidgety, jittery tone to it, far from the imperturbable voice that we have become accustomed to hearing from the veteran broadcaster.

There was no fan commentary, nor any insults thrown in his direction from all appearances, but he must have prepared for the worst. Lampley’s performance became more relaxed as the evening progressed, but it was far from his best performance.

A co-worker spoke up, saying that Lampley was appreciative of the support of his friends, and then added, “Some of the things that have been written are terrible. The guy didn’t do anything wrong.”

You could make a case that a guilty man would have checked into a rehab clinic like other celebrities and politicians who try to save their bacon by checking into a clinic rather than be grilled by the media at every stop. Names such as Isaiah Washington, Tara Conner, Lindsey Lohan, Mark Foley and Pat O’Brien are some that come to mind recently. After all, if you can go to rehab for homophobia like Washington, Lampley should really be able to score some sympathy with a trifecta of alcohol, drugs, and domestic violence on his rehab resume.

As mentioned earlier, websites, bloggers and newspapers have all reported on the story. I would expect some of the commentary seen in some of the blogs, or for that matter the websites. Neither is held to as high of a standard as newspapers, as a rule. That’s what makes the commentary by Michael Hiestand in USA Today so disappointing.

Hiestand wrote: “It’s surprising, given the alleged conduct, that HBO parent Time Warner will allow Lampley to continue as a visible corporate face. The innocent-until-proven-guilty maxim is part of the American psyche, but it’s hard to imagine Time Warner opening itself up to criticism by standing by Lampley if he’s found guilty. Because such criticism would be well-deserved.”

On the flip side of that coin, Mr. Hiestand, how would Time Warner remove all of that egg from its corporate face if the charges are dropped or Lampley is found not guilty? If he’s convicted, he’ll do his probation, attend anger management classes, but mostly he can kiss his career goodbye. What is your hurry? Do you really want to punish a man in advance of the criminal justice system? No one here is condoning domestic violence. But the matter should be handled by the courts, not the media.