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University of at Omaha DigitalCommons@UNO

Communication Faculty Publications School of Communication

Winter 1998 Local TV News and the Death Penalty: Social Construction of a Nebraska Execution Jeremy Harris Lipschultz University of Nebraska at Omaha, [email protected]

Michael L. Hilt University of Nebraska at Omaha, [email protected]

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Recommended Citation Lipschultz, Jeremy Harris and Hilt, Michael L., "Local TV News and the Death Penalty: Social Construction of a Nebraska Execution" (1998). Communication Faculty Publications. 53. https://digitalcommons.unomaha.edu/commfacpub/53

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Table of Contents

Multimedia: Replacing the Broadcast Curriculum William Christ ...... 1 Professional Organizations and Mass Communication Faculty Judy Oskam ...... 7 Managing Anarchy: A Prescription for College Radio JeffWilkinson ...... 14 Local TV News and the Death Penalty: Social Constructions of a Nebraska Execution Jeremy H . Lipshultz & Michael L. Hilt ...... 21 A Video Production Assignment that Embodies "The Real World to Classroom Connection" Ann D. Jabro ...... 31 Three Faculty Evaluate Their Summer Experiences of NATPE Faculty Development Grants Dom Caristi, David Bradbury & Lena Zhang ...... 40 Reviews of Instructional Materials ...... 45

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artwork by Brian Murph~· ocal TV News and the Death Penalty: Social Construction of a Nebraska Execution Jeremy H. Lipschultz and Michael L. Hilt University of Nebraska at Omaha

This paper focused on the September 2, 1994 execution of Harold Lamont "Walkin' Willie" Otey. Coverage of the execution by the four Omaha, Nebraska television stations was examined. The Otey execution is seen from a social construction of reality perspective. The television JX>rtrayal of a confrontation on the night of the e.-.:eculion between supJX>rters and OpJX>nents of is seen as a mediated view of what happened that night. The public image of the death penalty as appropriate justice is seen as influenced by media coven1ge. This paper found tlmt tlte coverage by tl1e four Omaha television stations, in tenns of source selection, organizational routines, and overall JX>rlrayal, were very similar. In addition, all four television stations covered proJX>nents and opJX>nents of the dcatl1 penalty. and tl1e three statjons with ten o'clock newscasts and special reJX>rts jX>rtrayed the intense conflict by showing the two sides interacting in the penitentiary parking lot. Furfuer, by emphasizing the opJX>nents' silent candlelight vigil, and the proJX>nents' signs and "carnival-like atmosphere," the social conflict was jX>rtrayed as less complex, more intense, but perhaps not more solvable, as Cohen, Adoni, and Bantz (1990) would predict. Wlrile much lUIS been written about the justice and injustice of capital punishment, little has been written about the role news organizations play in the public's perception of the death penalty. The case of Harold Otey provides an opJX>rtunity to exantine the role oflocal television news in a state where 35 years elapsed between executions. On Friday, September 2, 1994, Harold Lamont "Walkin' Willie" Otey died in Nebraska's ·lectric cllair. Otey was one of31 death row irunates nationwide to be executed in 1994. At 12:40 d.m. the Associated Press sent this BULLETIN to its Nebraska broadcast affiliates: "Harold Lamont Otey died in the electric cllair early Friday for t11e rape and of a woman 17 years ago. It was the first Nebraska execution in 35 years." In the URGENT that followed seconds later, the state newswire added tlmt Otey was the first to die in Nebraska's electric cllair since Charles Starkweat11er was executed in 1959. This study focuses on tl1e jX>rtrayal of the execution of Otey by four Omalla, Nebraska television stations-- three of which covered the scene outside the Nebraska State Penitentiary live during the scheduled time of the execution. As Gitlin (1980) JX>inted out more than 15 years ago. television is t11e nmgnifying glass for American society. By examining what is shown on live television, "visual simultaneity provides a dimension of experience tl1at is like being transjX>rted to the scene" (Lang & Lang 1984 p. 26). Jn this sense, tl1e Otey execution will be seen from a social construction of reality perspective because tl1e full coverage of television is sometimes assumed to be better t11a.n "being !11 re" (Lang & Lang, I 984, p. 26). The television jX>rtrayal of the social conflict on tJ1e night of tlle executjon between supJX>riers and opJX>nents of capital punishment is seen as a mediated view of what happened !lull night. The public image of the death penalty as appropriate justice is seen as influenced by media coverage. Wlrile much lUIS been written about the justice and injustice of capital pWlisbmcnt, little has been written about the role news organizations play in tl1e public's perception of tl1c death penalty. The case of Harold Otey provides an opportunit to examine tlt.e role oflocaJtelevision in a state where 35 years elapsed between executions. Before discussing media coverage oftl1e Otey execution, it would be of interest to take a brief look at how local television covered t11e Starkweather case in tl1e late 1950s.

SEA-Educating Tomorrow's Electronic Media Professionals 21 Crimes and Punishment consistent support for atpital punishment. In a 1977 sun·cy, for C.'Wnplc, forty percent of Shortly after midnight on June 25, 1959, Charles Starkweather died in Nebraska's electric respondents supported mandlltory ctpital punishment in all first -90). conducted in 1936 {Bohm, 1991 ). Altltough suppon for the death penalty has climbed over the Local television stations in Omaha (l,,d covered the Starkweather story from the beginning . cars, between 1974 and l\.194thcrc was a consistent "gender gap" with men more likely tl13Jt (Hilt, 1990). By the time Starkweather was arrested in and brought to the state women to suppon executions (Ander:sen, 1997, p. 28). Public :tllitudcs tO\\~ trd c:tpital punisl.m1cnt penjtentiary in Lincoln, Nebraska, local and network telc,~sion Crews were \l"oti ting for him.. Titc arc seen ns "expressions of intense anger toward violent criminals" (Costanzo & Costan:t.o, 1994, intense television coverage continued tltrough the Starkwemhcr C)(ccutiotL ''Th public in Ute late p. 252). 1950s watched television news with a fascination that it docs not hnve todav and because Ute The mass media seem to be a major source of infonnalion people usc to develop views about medium itself was still new, tlte telC\ision audience easily could be swept up' in the program, such social issues as r.he death penalty. "In rhis way, the media have played an indirect but whetl1t:r it was entenainment or news" (Hilt, 1990, p. 3). The highly dram.1lic nmure of the crime significant long-tenn role in shaping people's llroughts and actions" (DeFlcur & Dennis, 19%, p. story led to it being one of the first to receive natiom;idc television e.." posure. 595). It has been argued that the mass media are willing participants in cmlling social myths: In contrast to how the medi:t covered the Starkll'eathcr crime spree, the crime Otey was convicted of did nor auract mtiouwide new co,·er.tgc. Otcy was sentenced to death in 1978 for the The socii! I constmction of myths of crime and criminal justice seems to follow a rape and murder of2(,.,·e;tr-

Mass Media and the Death Penalty TI1is idea is related to the view that mass media ponr<~)'ll ls collSiruct social reality for AlU1ough political scientist Doris Graber devotes a chapter in her book to news coverage of individuals and groups. Surellc ( 1992) argues that our collective ~~ew of prisons and prisoners is the justice system, she omits media coverage of executions. Crime news, by one estimate, accounts shaped by entenainment portrayals and ne" coverage appeals to "voyeuristic instinct.s" (p. 41, for about 14 percent oflocal news coverage. and U1e lion share of that coverage focuses on 74). Ultimately, such a portrait suppons law-and-

22 Feed hack Winter 19\18 (Vol. 39, No .. 1) REA-Educating Tomorrow's Electronic Media Professionals 23 contrnst the social constructions in the coverage of the Ote_ execution by four Omaha, Nebraska Howard was shown reviewing old Starkweather stories: "Taking tlte life of one of its citizens is, commercial television stations- KPTM (FOX), KETV (ABC), WOWf (NBC), and KMTV arguably, the ultimate piece of business t11at t11e state conducts in the name of the people, and it's (CBS). Qualitative communication research of visual media affords tlte opportunity for focusing on not a piece of business, I tllink in the view of most of us who are reporters, it's not a piece of ~"Ubtle theoretical issues (Lindlof, 1995 p. +849. 92-•n. 213·215; Bogdan & Biklen, 1992, p. 140). business tl~at the state ought to conduct bellind closed doors." 11te late newscasts from each of the four television stntions were selected becmsc the event was WOWT (lO p.m.) - The NBC affiliate began \vitll anchor Gary Kerr live m the prison. Tilis unfolding at that hour. 11tc special reports were also examined because the represented station aired the same soundbite with John Breslow that KETV utilized. TI1is was followed by continuing covemge oftlte C\"ent b ' tlte stations. All stories ! ~wing to do with tltc Otey execution reporter Amy Adams who was \vitl1 Otey defense attorneys. 11lis station had a legal expert in tlteir were exarnincd. 11te use of language by tJte television anchors and the them;uie focus of stories by newsroom. James Martin Davis responded to the question about the three-year delay in the reporters were studied. Reporter locations were noted. Additionally, the content itself was execution brought about by legal appeals: "That's probably the longest clemency appeal in a death reviewed for the portrayal of the dcatlt penalty as a social conflict. row case that l think hns ever been perpetrated in the history oft he country." It was this unusual T:1pcd rccordings were 11~1de of etch oft he st:Hion's late newscasts. beginuing with the FOX appeal that led to CBS' program "4K Hours" becoming interested in the case. Reporter Jim Fagin anlliate's 9 p.nL broadcast. In addition, recordings were made of the spccinl coverage aired by tlucc was nex1 with a live telephone report. Investigate reporter Mike McKnight was also one of tlte five oft he four stations as the c.-..:ecution timeapproaehed. 11te tapes were tmnscribcd for furtJ1er media witnesses (there were ten in all) for the execution. McKnight described the series of events anal. sis, and notes were taken conceming the visu;~l images. leading up to the execution. He said tlmt Otcy's last statement will be recorded, and reporters \viii be allowed to nsk questions. TI1e station next aired excerpts from a KLIN radio interview The Stud)' Posed the Follow in~ Research Questions: conducted with Otcy. Otcy said he was a victim of racial inequality: "How many black judges are I. How did each of the stations cover the eycnt? there in the state of Nebraska?" Anchor Pat Persuad reported live from the home of the family of 2. !low did c;1ch or the stations JXlrtrav the s•x:ial mnllict hctii<'Cn proponents and the victim, Jane McManus. This rqxH1 included a soumlbite with the victim's mother: "To have opponents of the death penally? Jane's picture out there so that other people in their minds, they can sec Jane too, and know tl1at she 3. To what exrcnt were the constmctions of social conflict, ;1s defined by Cohen, Adoni, was a vibrant young girl that was slaughtered." Reporter Gary Johnson followed with a live report and Bantz, portrayed as less complex, more intense, or more solvable than rhcy really are? from tl1e prison. KMTV (10 p.m.)-- Anchors Loretta Carroll and John Mason reported live from the prison. FINDINGS This station also used t11c soundbite witl1 John Breslow tlmt aired on KETV and WOWT. TI1e station followed this witl1 a soundbite from Chuck Hohenstein, the warden's assistant. Political 11te four Omnha, Nebrnsk

Fccdhack Winter l99H (Vol. 39, No. I) REA-Educating Tomorrow's Elcctrunic Media Professionals 25 The org;lni'llltional n"wsgathcring rolllincs of all tl1e stations were similar in that tl1ey relied tonight to make sure everything goes right. and I haven't seen any violence, but already the upon most oftlte same sources, and reported from most oftl1e same places. In general, reporters shouting matches have begun ....Lincoln tonight is a city of c:-.tremcs. Earlier I drove by a were stationed eitl1er at tl1e prison, at state government offices, or at the homes or offices oftllose residence where tl1ey were having a pany in favor of tlte deatll penalty complete w:itl1 harmers people close to tl1e case. As Table I also shows. coverage by tlle tl1ree longtime netwmk affiliates for decorations and a mock electric chair. Just to my left where those protesting the dcatl1 (KETV, WOwr, KMTV) was more extensive and followed more traditional reporting nonns than penalty arc, tl1ey'rc lighting candles. Several people are already weeping. and tl1cy're wa 'ing tlle FOX affiliate (KPTM). to Harold Otey, who's looking out of the penitentiary at his onlookers tonight." • Deb Ward, KMTV: "The screaming is c:.. pcctcd to continue through the night, off and on, Table 1 right now it's quiet. A lot of the people out here, however, are kids. Aitd businesses right Organizational Newsgathering Routines in the Newscast Coverage of the Otey Execution across tlle street from Lhe prison are now trying to profit off tlle execution." Three of tlle four 01naha, Nebraska television stations aired special reports following their ten KJYfl\1 .!illiT Anchor(s) at prison X o'clock newscasts. Repor1er(s) at prison X X X X l\ith dt'lllOIIShllfUI'S KETY (Spccinl Report) -1l1is station began !he special report wilh foowgc from tl1e last Ji\'e Kl prison X X X 1 used its Rt•pr1cr(s) at 1\kl\hums X fwnilyhou.., at each otl1er across a "demilitarized zone." Anchor Daniel Plante described the scene as a "zoo Uepor1er(s) ~~ st~le atmosphere." The station highlighted tl1e interplay between the demonstralors, and showed that tlle supreme court office two groups were separated by two snow fences, a few feet apart. Titey showed tllis at about tlle time Reporter inside prison X oftl1e scheduled execution (12:01 a.m.), as the crowd chanted "Joubert's nexl, Joubert's ne:-.1." Jolm (Idephone) Joubert was awaiting execution for the murder of two Omaha-area boys in 1983. The crowd also Excerp1 from KLIN rddlo X X interview chanted "Hey, Hey, goodbye." Plante described Lhe pro-)'S and lasted until eleven. Tile second report began at II :55 p.m. I! began by sho"ing Otey waving On-set interview """ X from a prison hospital window. 1l1is station also used old footage of Oley for oockground kgal experts infonnat.ion. The station chose not to focus on the crowd by no1 sho1\ing video of the gatl1ering. Inteniew ,.;th others (medial) X X However the crowd could be heard in the background. At about 12 :-10 reporter Gary Jolutson etllicist, bo)friend of \ictinl, etc.) a.m. an noun~ tl1at tile e.xecution witnesses were conling imo tl1e prison conference room. Witness Mike McKnight, a WOWT reporter, nods to Johnson to acknowledge that tl1e execution has taken The anchors and reporters for all four stations engaged in a level of interpretation of the place. In contrast to KETY, t11e reliance on an in-studio guest, Omaha attorney James ~n events going on arow1d them. What follows is a s.1mpling of the broade

F~edhack Winlct· 19'.18 (Vol. 39, No. l) SEA-Educating Tomorrow's Electronic Media Professionals 27 assuming po tUon along the fence. She says a "spilling incident" prompted the appearance of the Over time people tend to perceive tltings the way the media portray them. TI1e riot police. Fonner television reporter Ninclle Beaver compared the Starhvcatlter and Otcy media titus play not only a reporting role but a defining role, establishing their executions: "I don'tthlnk anybody really opposed the c.-.ccution of Charlie Sl

DISCUSSION Public opinion polls have shown wide-spread support for tite death penally. However, it would be a leap to argue tllat ti1e television coverage of a few hundred boisterous demonstrators accurately In answer to the three research questions: (I) TI1e coverage by the four Omaha television portrayed ti1e feelings of those who support capital punishment. stations in tenns of source selection. organi:t.ational routines, and overall portrd)-:11, were very As a social conflict, television's portrayal of the execution of Harold 0\C)' slued away from the similar, (2) All four tele,ision stations covered proponents and opponents of the death penalt . . TI1e complexities of the death penalty issue by emphasizing the most dramatic aspects of the evening. three stations with tcu o'cl k newscasts and sp.x:ial rcpons portmyed the intCil'1C conflict by Television did not attempt to bridge tlte gap between vocal proponents and opponents of the deatl1 showing tJ1e two sidc.s interacting across a smnll scpmation i11 the pcni!entiary parking lot. And, (3) penalty. Instead, tlte coverage emphasized the state's role in carrying out the law. As such, the By emphasizing tJte opponents' silent candlelight vigil and tl1e proponentS' signs and "carnival-like execution ofOtey "solved" the short-tenn issue, but not tlte long-tenn social conflict over capital atmosphere,'' the soci:1l connict was portmycd ns less complex. more intense, but perhaps not n\orc punishment in Nebraska. solvnblc. as Cohen, Adoni, and B:Ju!'l. ( 1990) predicted. Other inmates await execution on Nebraska's death row. It is difficult to predict how the It is cl~r that in the c1se oft he Ote)' e.-.ecution, the organilllliomtl routines led :111 of the scenes outside the prison during the Otey and Joubert executions will affect future demonstrators, stations to cover the story in similar ways. Allt.hrce television stations with ten o'clock newscasts the local media, and the public. We do know that as long as the public docs not actually see the had anchors and reporters li\'C from the pcnltcntia~·. All thrt--c used similar. if not the s:nne. execution, the scene outside the prison will likely be repeated. Nebraska and nine other states soundbites from public otlicials. Two of the three st;uions had in- tudio guest experts. All th ree continue to usc electrocution, but 32 stales have now switched to lethal injection (Pooley, 1997). By reported on the \'ictim's lhmily. All Lhrcc stations \\ith ten o'clock newscasts g,we e.xtensivc its nature, the electric chair is a more dramatic method of capital punishment. Proponents and coverage to the dcmonstr..ttors. TI1e emphasis on whm state officinls and demo11strntors were saying opponents usc the clt.1ir as a powerful symbol -one th

lll<:A- I<:.tlucOJtin~ TommTuw's Elcctnmic Media l'rufcssiomtls 29 Cohen, Akiba A, Adoni, Hanna, & Bantz, Charles R (1990). Social conflict and television news. Newbury Park, CA: Sage. Costanzo, Mark & Costanzo, Sally. (1994). "TI1e death penalty: public opinions, legal decisions, and juror perspectives," in Violence and the law, edited by Mark Costanzo and Stuart Oskanlp, Thousand Oaks, CA: Sage, pp. 246-272. DeFleur, Melvin L., & Dennis, Everett E. (1996). Understanding mass communication. Boston: Houghton Mifilin. Dehveiler, JohnS. (1987). "Three newsgathering perspectives for covering an execution," Journalism Quarterly, 64(2-3): 454-462. Gitlin, Todd. (1980). The whole world is watching: media in the making and unmaking ofthe new left. Berkeley, CA: University of California Press. Graber, Doris. (1993). Mass media and American politics,fourth edition. Washington, D.C.: CQ Press. Hill Michael L. (1990). "Television coverage of the Starkweather homicides," a paper presented to the Ike's America conference, Lawrence, Kansas, October 5, 1990. Kappeler, Victor E., Blumberg, Mark, & Potter, Gary W. (1993). The mythology ofcrime and criminal justice. Prospect Heights, IL: Waveland Press, Inc. Lang, Gladys Engel, & Lang, Kurt.(l984). Politics and television re-viewed Beverly Hills, CA: Sage. Lindlof, Thomas R (1995). Qualitative communication research methods. Thousand Oaks, CA: Sage. McKnight, Michael R "Execution witness! Investigative TV journalist at electrocution." News Photographer, October 1994, pps. 19-22. Pooley, Eric. "Death or life?" Time, June 16, 1997, pps. 31-36. Severin, Werner J., & Tankard, James W.(1992).Communication theories: origins, methods, and uses in the mass media, third edition. New York: Longman. Stevens, Leonard A (1978). Death penalty, the case oflife vs. death in the United States. New York: Coward, McCann & Geoghegan, Inc. Surette, Ray. ( 1992). lvfedia, crime & criminal justice, images and realities. Pacific Grove, CA: Brooks/Cole Publishing Company. Tunstall, Jeremy. (1971). Journalists at work. London: Constable. Vidmar, Neil, & Ellsworth, Phoebe C. (1982). "Research on attitudes toward capital punishment," in The death penalty in America, third edition, edited by Hugo A Bedau, pp. 65-92. White, Welsh S.(199l). The death penalty in the nineties, an examination ofthe modem system ofcapital punishment. Ann Arbor, MI: The University of Michigan Press.

30 Feedback Winter 1998 (Vol. 39, No. 1)