Monday, July 23, 2018

Sex crime investigations: Presumption of Innocence? (Part 6): Steve Paikin: Fighting back!


PUBLISHER'S NOTE: As previously noted on this Blog, Cressida Dick, Scotland Yard's new Commissioner, (appointed about a year ago),  has changed her force's policy from always believing  the 'victims' from the outset because they are inherently being truthful,  to one of investigating sexual assault claims  thoroughly and impartially.  Commissioner Dick was careful to insist that officers keep an open mind, treat complainants with respect and dignity,  listen to them and  record what they say.  But she stressed that "From that moment on, we are investigators." In a previous post on this Blog, Boston Globe reporters Mark Shanahan and Stephanie Ebbert described how "For eight months, #MeToo stories have followed a familiar script: A prominent man is accused of impropriety. He faces immediate public shaming followed by a swift disavowal by the institution that made him famous." What a horrible position this places the innocent targeted man in. Fortunately, some of them, like Steve Paikin  are learning how to overcome the initial shock and fight back - and some of the institutions they work for, like TV Ontario (TVO),   are reserving judgment until they have the benefit of a fair, thorough, impartial investigation of the accusation. Read on!

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PASSAGE ONE OF THE DAY: "Ontario TV anchor Steve Paikin is one of the few high-profile men to publicly fight back against sexual harassment allegations, but at least one crisis management expert says the political pundit could be even more aggressive in the battle to reclaim his reputation. Damage control specialist Randi Rahamim says Paikin did "exactly what he needs to do" by defending himself in a lengthy Facebook post in which he dismissed the claim as "complete fiction." But if he's innocent, Rahamim says there's more the veteran journalist can do to change the headlines. "He's one step below what he needs to do — which is if you really believe that someone's defaming you, or threatening you inappropriately, you're going to take legal action," says Rahamim, a principal at the public affairs firm Navigator. "I would recommend that he bundle that together and be more aggressive in his response."The host of TVO's flagship current events program The Agenda broke his silence Tuesday with an online statement in which he deemed "100 per cent false" an allegation that he propositioned a woman for sex in exchange for airtime."

QUOTE OF THE DAY: "Still, Rahamim was encouraged by what she considers a deeper debate that is more willing to consider due process. "I wonder if the pendulum is starting to swing the other way wherein we're actually doing more harm than good with some elements of the movement," she says. "What's not ideal is when innocent people — men or women — are being dragged through the mud unnecessarily."

Damage control specialist Randi Rahamim

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STORY: "TVO host Steve Paikin among few accused to fight harassment allegations," published by The Canadian Presss on February 7, 2018.

SUB-HEADING:  "The Agenda host wrote strongly worded Facebook post dubbed 'My Turn' Monday.

PHOTO CAPTION:  "Steve Paikin of TVO's The Agenda wrote a strongly worded Facebook post dubbed 'My Turn' Monday blasting a sexual harassment allegation against him. 

PHOTO CAPTION: "Canadian filmmaker Paul Haggis and U.S. TV personality Ryan Seacrest are some of the few Hollywood figures who have faught back against sexual misconduct accusations."

GIST: "Ontario TV anchor Steve Paikin is one of the few high-profile men to publicly fight back against sexual harassment allegations, but at least one crisis management expert says the political pundit could be even more aggressive in the battle to reclaim his reputation. Damage control specialist Randi Rahamim says Paikin did "exactly what he needs to do" by defending himself in a lengthy Facebook post in which he dismissed the claim as "complete fiction." But if he's innocent, Rahamim says there's more the veteran journalist can do to change the headlines. "He's one step below what he needs to do — which is if you really believe that someone's defaming you, or threatening you inappropriately, you're going to take legal action," says Rahamim, a principal at the public affairs firm Navigator. "I would recommend that he bundle that together and be more aggressive in his response."The host of TVO's flagship current events program The Agenda broke his silence Tuesday with an online statement in which he deemed "100 per cent false" an allegation that he propositioned a woman for sex in exchange for airtime. Paikin and the provincially funded broadcaster have said the claims were mounted by former Toronto mayoral candidate Sarah Thomson, who Paikin said he has known professionally for more than a decade. In a strongly worded post dubbed "My Turn," the veteran journalist stopped short of announcing legal action while naming his accuser: "You've defamed me Sarah. I have no idea why, but you have. And I simply can't allow that to stand." Thomson outlined her allegations on the website Women's Post on Friday, alleging that an unnamed political talk show host "asked me if I would sleep with him" after attending a lunch at a Toronto restaurant in 2010. She said her assistant witnessed the meeting. Thomson has not responded to requests for comment from The Canadian Press. TVO has said an independent third party is investigating the claims and that in the meantime, Paikin will continue to host The Agenda. In suggesting legal action, Rahamim says the best public relations strategy is "to not perpetuate the narrative." "Legal action wouldn't necessarily have to be so valuable in the court of law, rather in the court of public opinion," she says. "Because honestly, let's face it, this #MeToo movement is being tried in the court of public opinion." Former Ontario PC leader Patrick Brown also responded to accusations of sexual impropriety Tuesday, 12 days after resigning over allegations involving two 18-year-old women when he was an MP. While applauding the #MeToo movement, he said: "False allegations however undermine that good work." But in this case, Rahamim says the approach could backfire. "It actually causes more problems for the party," says Rahamim, noting it comes amid a race to pick a new party leader for the June 7 provincial election. "The fact that he's defending himself now doesn't allow them to start talking about new leadership, new issues. Each candidate is going to continually be asked about the issue, about the party's response to anything that he does. Andrea Lekushoff, president of Broad Reach Communications, notes every situation should be treated uniquely but she considers the Paikin statement part of a "tide change." "People who believe they're innocent are moving very quickly to get their version of the truth or the story out there and they're not waiting for the media to shape the story for them," says Lekushoff. As a wave of accusations have toppled powerful figures in Hollywood, media and politics, few have said much to fight the claims or raise qualms about swift public condemnations. Notable exceptions have included Canadian filmmaker Paul Haggis, who is suing a woman who claims he raped her, and U.S. TV personality Ryan Seacrest, who recently penned an essay in the Hollywood Reporter urging for the presumption of innocence after he was cleared of a sexual harassment charge. Typically, criminal and civil defendants are counselled to not say anything to avoid the chance it would hurt their case, notes Trevor Farrow, a law professor at York University's Osgoode Hall Law School. "Now that the court of public opinion really engages everyone through the power of the internet, through YouTube, through Facebook, through Twitter, we're starting to see people wanting to get their story out," says Farrow. "It's a natural human response to want to set the record straight. Whether or not it's a sound legal strategy depends on the case." Farrow fears the trend will shift what has been a powerful discussion about sexual harassment, abuse and systemic discrimination in an ugly direction. While Brown and Paikin both lauded the #MeToo movement, reaction to their stories has been heated.
"We're starting to see some unhealthy debates which are either: You're on the side of #MeToo or you're not, and I think that's the wrong way to set up this discussion," he says. "It needs to be way more nuanced, there are way more important values at stake here than an either/or discussion."
Still, Rahamim was encouraged by what she considers a deeper debate that is more willing to consider due process. "I wonder if the pendulum is starting to swing the other way wherein we're actually doing more harm than good with some elements of the movement," she says. "What's not ideal is when innocent people — men or women — are being dragged through the mud unnecessarily."

The entire post can be read at:
 https://www.cbc.ca/news/canada/toronto/paikin-allegations-1.4525367

MUST READ: See also subsequent CP story published on April 26, 2018..."Toronto TVO host Steve Paikin  cleared by investigator after sexual harrassment accusations," at the link below:

PASSAGE TWO OF THE DAY: "TO executive Lisa de Wilde said in a statement that the broadcaster is proud of Paikin's work, and the investigation is now closed."
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GIST:  "An independent investigation has cleared a veteran journalist with Ontario's public broadcaster of sexual harassment allegations, saying Steve Paikin was more credible than the Toronto woman who made the accusations against him. In a report released Friday, investigator Rachel Turnpenney said while there is no doubt Sarah Thomson genuinely believes Paikin propositioned her, the evidence brought forward by Thomson and others does not support her account of what happened. "The investigator had doubts surrounding Thomson's ability to accurately observe and recount the events in question," the report said. "She tended to make leaps without sufficient evidence to do so and she linked evidence together without factual foundation. Thomson's evidence also veered toward being exaggerated and untrue." Paikin, meanwhile, "was consistent in his evidence that he believes nothing of a sexual nature was said (or implied)," the report said. The investigation was commissioned by Ontario's public broadcaster in February after Thomson, a former Toronto mayoral candidate, made a series of allegations on her website Women's Post. She alleged Paikin, host of TVOntario's flagship current events program The Agenda, made a sexual advance toward her over lunch in 2010 and that she "politely" declined the offer. She then suggested that she was barred from appearing on his show as a result of her refusal. She further alleged that Paikin made a sexualized comment at a political event two years later. Paikin addressed the issue in a Facebook post a few days after the posts emerged, saying the allegations were "bogus" but that he had alerted his employer. He continued to host the show during the investigation, which spanned 11 weeks and involved interviews with 21 witnesses. He tweeted a brief response to the report Friday and declined to comment further.
"While the last 11 weeks have been pretty difficult, I'm relieved to read this report. My deepest thanks to all who believed me," he wrote. Thomson did not immediately respond to a request for comment but posted emails and Facebook messages on her website that she said corroborated her account. The messages, from Thomson's then-assistant who she said was present at the 2010 lunch, were deemed problematic by the investigator, as was the rest of that witness's evidence. Turnpenney said the former assistant could not recall sending the email, and suggested to her that in at least one of the Facebook messages, he was simply trying to "play along." Messages he sent to others appeared to disprove Thomson's account, and he was "unable to provide a credible explanation for why he had taken conflicting positions," Turnpenney said. Thomson's assertion that she was blocked from appearing on The Agenda following the lunch was also inaccurate, the investigator said, citing a September 2011 appearance. What's more, Turnpenney wrote, Paikin does not determine who comes on the show.
"Paikin is not the ultimate gatekeeper for guests on The Agenda. Further there is no evidence that Paikin attempted to interfere with or block a producer from booking Thomson on The Agenda," she wrote. As for the 2012 allegations, Turnpenney said Thomson could not place herself, Paikin and a person she named as a witness at the same event. "The date and location of the event was unclear to the investigator and remained so at the time of drafting this report," she said. "Thompson could have potentially offered some evidence in the form of hotel receipts or other expenses/records but did not do so. TO executive Lisa de Wilde said in a statement that the broadcaster is proud of Paikin's work, and the investigation is now closed." 
 https://www.cbc.ca/news/canada/toronto/tvo-host-steve-paikin-cleared-by-investigator-after-sexual-harassment-accusations-1.4638371

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com

Harold Levy; Publisher; The Charles Smith Blog;