JUNE 5-8 REGISTRATION You can register for this conference online at www.ire.org/training/miami08.
To attend this conference, you HOST: must be an IRE member through The Miami Herald July 1, 2008. Memberships are nonrefundable. From April 1 to May and El Nuevo Herald 19, the early registration fee is $175. After May 19, the on-site registration fee of $200 applies.
e best in the busine will gather for panels REGISTRATION FEE: (main conference days) workshops and special presentations about $175 (Registrations made from April 1 to May 19) Professional/Academic/Associate/Retiree covering public safety, courts, national $100 Student Optional computer-assisted security, the military, busine, education, reporting training Thursday, June 5 (requires additional fee) local government and much more. $50 Professional/Academic/ Associate/Retiree $35 Student Visit www.ire.org/training/miami08 BLUES BASH for more information and updates. Thursday, June 5 at 7 p.m. Advance tickets are $20. IRE offers several programs to help women, members of minority Ticket prices on site, groups, college students and journalists from small news organiza- if available, will be higher. Limit of 2 tickets per registrant. tions attend the conference. Fellowships typically provide a one-year membership, registration fees, and reimbursement for hotel and travel costs. See details at www.ire.org/training/fellowships.html. Conference Hotel contact Apply by April 7 for the Miami conference. InterContinental Miami If you have hotel or general conference questions, please www.ichmiami.com conference coordinator Stephanie Sinn, [email protected], or 100 Chopin Plaza If you have registration questions, please contact John 573-882-8969. Miami, FL 33131 Green, membership coordinator, [email protected] or 573-882-2772.
2008 IRE CONFERENCE contentsFeatures
ALTERNATIVE INVESTIGATIONS h e o u r n a l 16 - 33 T IRE J 17 CONSIDER THE ALTERNATIVE 29 THE PEARL PROJECT Table of Contents Independence and innovation Wikis and social drive nonprofits’ work a r c h pr il network software M /A 2008 By Brant Houston used to track University Of Illinois Daniel Pearl’s killers 4 Alternative investigative forms can empower reporting and By Asra Q. Nomani REAL-TIME WATCHDOGS with Margo Humphries make new stories accessible 20 Sunlight Foundation bloggers Georgetown University Mark Horvit chip away at IRE Executive Director government secrets 32 ALT-I RESOURCES By Bill Allison Read more stories and 6 Calendar set for The Sunlight Foundation tips from the featured board elections journalists and and absentee voting 24 CRITICAL MASS organizations. by The IRE Journal Staff Crowdsourcing projects evolve By Tori Moss at NewsAssignment.net IRE and NICAR 7 Knight Foundation extends matching grant for IRE By John McQuaid Endowment Fund 27 WEB VISION by IRE Staff The best online projects do more than repackage print 8 FOSTER CARE Rx Medicaid data, court records By Aron Pilhofer and Brian show growth of off-label Hamman psych meds The New York Times By Gary Craig Rochester (N.Y.) Democrat and Chronicle
10 LIFE OR DEATH AJC reviewed 1,315 cases to show impact of race, geography on death penalty By Heather Vogell and Bill Rankin The Atlanta Journal-Constitution 34 Journalists should study this 12 FAIR PLAY anthropologist’s sources Elite colleges lag in policing Reviewed by Steve Weinberg performance-enhancing drugs The IRE Journal By Nate Carlisle, Michael C. Lewis and Tony Semerad The Salt Lake Tribune ABOUT THE COVER 15 FOI Files As technology drives conversations about GOOD NEWS FOR FOIA the future of media, investigative journalism Recent update covers private appears online in new forms, often created contractors, attorney fees, and more outside the boundaries of a traditional By Charles N. Davis newsroom. “Alternative investigations” Executive Director, National describes the search for new forms for Freedom of Information Coalition investigative traditions, as well as many new and evolving outlets producing the work. Cover photo illustration: Cover stories: By Wendy Gray Pages 16-33 The IRE Journal
Ma rc h /Apr i l 2008 3 Features Th e IRE Jo u r n a l From the IRE offices Vo l u m e 31 Nu m b e r 2
Ma n a g i n g Ed i t o r & Alternative investigative forms Publications Co o r d i n at o r Megan Means can empower reporting and Ar t Di r e c t o r Wendy Gray make new stories accessible Se n i o r Co n t r i b u t i n g Ed i t o r Steve Weinberg Ma r k Ho r v i t Co n t r i b u t i n g Le g a l Ed i t o r IRE Ex e c u t i v e Di r e c t o r David Smallman
St o r y Ed i t o r any journalists are skeptical about their newsrooms’ scramble to embrace new technolo- Joanna Imm Mgies. They see such efforts draining resources—and attention—from traditional investigative Editorial Associate reporting, at the same time that budget cuts leave some staffs dangerously thin. Tori Moss But it doesn’t have to be that way. As the articles in this month’s edition of the Journal attest, much of the new technology can be IRE used to add depth to enterprise stories and can provide new ways to present data gathered through IRE Ex e c u t i v e Di r e c t o r old-fashioned reporting techniques, from open records requests to following money trails. Mark Horvit Many journalists are doing what the best reporters have always done: taking the resources available to them and making use of them as tools for investigation and analysis. Some are Bo a r d o f Di r e c t o r s taking greater advantage of the interactivity offered by the Web; others are finding new venues through which to get their work to the public. Pr e s i d e n t A healthy debate is ongoing in newsrooms (and on blogs) about the value of putting searchable James V. Grimaldi, The Washington Post databases online for the public, particularly when the data is seen as an end in itself. There are pros and cons to that approach. At IRE and NICAR we stress the value in bringing meaning to the Vi c e Pr e s i d e n t data, and some news outlets are finding creative ways to do just that. They are layering additional Cheryl Phillips, The Seattle Times reporting, history and context into the numbers to create something new. (See p. 27.) Tr e a s u r e r These sites also create a rich resource for the investigative reporter, something of a jumping Dianna Hunt, Fort Worth Star-Telegram off point from which deeper research can follow. New technology has created new ways to forge direct connections with the public, in effect Se c r e ta ry creating whole new armies of journalists who are starting to provide tangible contributions to Stephen C. Miller, The New York Times the enterprise work occurring in newsrooms. (See p. 24.) And thanks to this new world order, new avenues have opened up for getting investigative Wendell Cochran, American University work to the public. Renee Ferguson, WMAQ-Chicago A number of organizations, many of them nonprofit (see articles on pp. 17 and 20), are producing in-depth journalism and making it available through the Web. Such stories are often Manny Garcia, The Miami Herald accompanied by interactive databases and other elements that weren’t possible only a few Mark Katches, Milwaukee Journal Sentinel years ago. Lise Olsen, Houston Chronicle IRE continues to expand our training to help journalists keep up with new tools and resources Lea Thompson, ThomThom Media, LLC and is developing new programs that will help us take the lead when it comes to dealing with Marilyn Thompson, The Washington Post databases and investigations on the Web. Duff Wilson, The New York Times At our recently completed Computer-Assisted Reporting conference in Houston, we offered a series of panels that focused on interactive databases, wikis, mash-ups and other new Alison Young, The Atlanta Journal-Constitution technologies, all with a mind toward how they can be applied to build in-depth stories. Panels exploring new ways to present investigative journalism will be featured at our annual confer- ence in Miami, June 5-8. The IRE Journal (ISSN0164-7016) is published And even as newsrooms focus on the Web, many continue to invest money in training their six times a year by Investigative Reporters and reporters in the fundamentals of investigative reporting. IRE has trained several hundred jour- Editors, Inc. 138 Neff Annex, Missouri School of Journalism, Columbia, MO 65211, 573-882-2042. nalists in the first three months of this year at our workshops and conferences. E-mail: [email protected]. U.S. subscriptions are So yes, the landscape for journalists is changing. And certainly not every development is $70 for individuals, $85 for libraries and $125 a step forward. for institutions/businesses. International sub- But if you’re uncomfortable with the current trends, wait a few months for the next wave scriptions are $90 for individuals and $150 for all others. Periodical postage paid at Jeffer- of technology to change things all over again. What’s important is that the investigative spirit son City, Mo. Postmaster: Please send address continues to thrive. changes to IRE. USPS #451-670 Mark Horvit is executive director of IRE and the National Institute for Computer-Assisted Report- © 2008 Investigative Reporters and Editors, Inc. ing. He can be reached through e-mail at [email protected] or by calling 573-882-2042.
4 Th e IRE Jo u r n a l IFeatures R E N e w s Hot plans for Miami Member News Our 2008 IRE conference will offer more than 100 in-depth training sessions. Top investigative reporters will share tips and the insights you ate Carlisle of The Salt Lake Tribune was need to produce groundbreaking stories that make a difference on any N among eight journalists accepted to beat. You’ll learn about how to reach audiences using the Web and how the latest technology can increase the impact of your work. the Arizona State University fellowship titled In our showcase panels, meet journalists who are inventing new “Immigration: The Southwest Border.” Charles models for investigative reporting and hear from reporters who will- A. Duhigg of The New York Times was given ingly risk their lives to get the story—and to ensure that others have not died in vain. MiamiThe Herald Raul | Rubiera the George Polk Award for Medical Reporting To help keep things in perspective, Miami’s own Dave Barry will turn for his series regarding unethical practices his uniquely skewed vision on the world of the investigative reporter as surrounding investor-owned nursing homes, the keynote speaker at the IRE Awards Luncheon on Saturday, June 7. Dave Barry More than 90 panels will be offered. Many will focus on Web tools long-term care insurers and allied businesses. such as how to background individuals, finding documents, the best sites The series led to congressional investigations for investigations and presenting your work. Dozens and changes in law. Drew Griffin, a CNN of beat topics will be covered, too. Hear the latest tips JUNE 5-8 and trends in war coverage, sports investigations, fore- investigative correspondent, won his third closure issues, housing scandals, education, criminal consecutive Business Emmy in 2007 for “Hidden justice and international issues. Spending,” an Anderson Cooper 360° segment Visit the conference Web site, www.ire.org/train- ing/miami08/speakers, for the latest list of conference regarding congressional spending. He was speakers and other program information. And when also named Journalist of the Year in national you’re ready to take a break, head out to the 10th annual television reporting by the Atlanta Press Club Blues Bash – Miami style – on Thursday night at the Tobacco Road nightclub. On Friday night, there’s a and awarded the Everett McKinley Dirksen South Beach party at one of the city’s hottest clubs. Award for distinguished coverage of Congress So what are you waiting for? Sign up now at www. by the National Press Foundation. Kathleen 2008 IRE CONFERENCE ire.org/training/miami08, and join us in sunny Florida on June 5-8. Early-bird registration ends on May 19. Johnston, a CNN senior investigative producer, received a Business Emmy for “Hidden Spending,” an Anderson Cooper 360° segment about New database library director chosen congressional spending. The Newswomen’s Jeremy Milarsky, a journalist with strong print and Web credentials, is the new director of the IRE and Club of New York also named Johnston a Front NICAR Database Library. He participated in the 2008 CAR Conference in Houston and officially started his duties on March 4. He will Page Award winner for television for producing initially be based in Florida until he can permanently relocate to the IRE headquarters in Columbia, Mo. the political feature, “Is There a Better Way Much of his career was spent at the South Florida Sun-Sentinel, where he worked as a reporter, news to Govern?” Joshua Kors won the George researcher and finally as a manager in the newsroom library. He has also worked for Tribune Interactive. Polk Award for Magazine Reporting for his Most recently, Milarsky took a short hiatus from two-part series in The Nation, exposing how journalism to concentrate on Web programming. the military is using a legal loophole to deny His Web programming ability will be a strong addition for IRE. But his main focus will be on con- medical care to soldiers wounded in Iraq. tinuing to build the Database Library, while making Austino S. Lewis is a freelance journalist with its collection of government data more accessible to the Cincinnati Herald who previously worked as members on deadline, said IRE Executive Director Mark Horvit. deputy editor in chief at The Journal Newspaper Gary Fountain | Houston Chronicle | Houston Gary Fountain Working with data to find interesting stories, and in Ghana, West Africa. Tom McGinty, former discovering new and different ways of telling them, IRE training director, has moved from Newsday Jeremy Milarsky was introduced as IRE’s new is his passion. databse library director at the 2008 CAR Conference “We as a global society are awash in data,” to the New York investigative team of The Wall in Houston. Milarsky notes. “Information, in its raw form, is Street Journal. Judy Pasternak of the Los increasingly escaping from the desktops of a few Angeles Times won the John B. Oakes Award bureaucrats and into the Web browsers of those members of the public who are intellectually curious.” “The IRE/NICAR database library plays an important part in the organization’s key role in serving for Distinguished Environmental Journalism the news media in an essential way—providing information and the means to analyze it intelligently. As CONTINUED ON PAGE 35 news organizations continue to adapt to the changing economy, I believe the library will play an even more E-mail Member News items to Megan Means, important service role for journalists.” [email protected]. Please include contact informa- Milarsky can be reached at [email protected]. tion for verification.
Ma rc h /Apr i l 2008 5 IFeatures R E N e w s
bents may seek re-election to the board. A board Calendar set for position is unpaid; board members and their news organizations are expected to pay all, or a substan- tial amount, of travel expenses to board meetings. board elections IRE will provide limited help in cases of need. Candidates must be IRE members in the profes- b y IRE St a f f sional or academic category. However, only one academic member may be on the board at a time, according to IRE’s Articles of Incorporation. Board members are expected to help raise funds and contribute financial or other resources even seats on the 13-member IRE Board of must deliver a one-page statement and personal to the organization. In addition, they lose eligibil- S Directors will be up for election at the 2008 biography to the IRE executive director in Miami ity to enter the IRE Awards contest if they have a IRE Conference in Miami. by noon on Friday, June 6. significant role in a contest entry. The deadline for candidates to be listed on All candidates’ statements will be posted on a both the election day and absentee ballots is April bulletin board in the main conference area. Election day 18. IRE members can declare their candidacy by At the membership meeting on Saturday after- sending a candidacy statement, including brief Board duties noon, June 7, candidates must be nominated and biographical information, to [email protected]. The board serves as the governing body of IRE seconded from the floor by two other IRE mem- Statements may be up to 500 words; an accompany- and generally meets three times a year to discuss bers. There will be no nominating speeches, but ing photo in JPEG format is encouraged. and vote on IRE business. One of the meetings is candidates will have two minutes to address the Candidates who declare after April 18 can at the annual IRE Conference in June. The board members. The ballot at the membership meeting submit statements to be posted on the IRE Web site. periodically has conference calls. will include all candidates declared through the Materials must be received no later than 5 p.m. on Directors serve on committees and task forces June 6 deadline. Absentee ballots will be opened Wednesday, May 21. made up of board members and appointed non- and counted along with the ballots cast at the June 6 is the final day to declare candidacy. Can- board IRE members. meeting. didates who wait until the conference to announce The seats are for two-year terms, and incum- Immediately following the board elections, there will be a separate election for two IRE Awards contest judges. Those candidates will be nominated and seconded from the floor. IMPORTANT DATES Absentee ballots April 18 Members unable to attend the conference to • Deadline for candidates to file and vote at the June 7 membership meeting will be appear on absentee ballots allowed to participate via absentee balloting. You must request a ballot from the IRE office no later • Opening day for absentee than May 19. ballot requests Absentee balloting is meant to supplement—not replace—IRE’s traditional election process, which April 21 encourages membership meeting attendance as a • Candidates’ statements posted sign of commitment to the group and to involve online at www.ire.org as many members as possible in important discus- Board May 19 sions. • Last day to request absentee ballots Members attending the annual conference are still expected to cast their votes at the membership Elections May 21 meeting. For more information on • Deadline (5 p.m.) for candidates Requests for absentee ballots will be accepted to be listed on the Web site from April 18 to May 19; these include only the the IRE Board Elections and names of candidates who declare by the absentee May 28 ballot deadline. IRE members whose member- • Deadline for absentee ballots ship status will be current through June 30, 2008, updates on the 2008 IRE to reach the IRE office may request absentee ballots by phone, e-mail to [email protected] or in person. A ballot and Conference in Miami, visit the June 6 instructions will be sent to the address of record • Final deadline (noon) to declare for that member. Completed absentee ballots must IRE Web site at www.ire.org. candidacy for the election-day ballot be received at the IRE offices by May 28. Only international members requesting absentee June 7 ballots will be allowed to vote via e-mail. • Board elections at annual Absentee ballots will not be available at the membership meeting annual conference nor will they be accepted there.
6 Th e IRE Jo u r n a l IFeatures R E N e w s
We need to raise about $300,000 Knight Foundation extends in the next seven months. If we do, matching grant for we’ll get another $150,000 from the foundation. All of this money IRE Endowment Fund will go into our endowment, which provides the bedrock that will allow b y IRE St a f f IRE to thrive for years to come.
RE’s endowment drive received a tremendous The drive was scheduled to end Dec. 31. We decided in February to extend our deadline for a I boost recently when the John S. and James L. made a major push to raise as much as we could by short period so we could take advantage of the full Knight Foundation offered to extend its matching that deadline. Through the dedication of a number matching program. program through Sept. 30. of major donors, plus the involvement of more The goal is within our reach, and the math is As part of a $2 million grant—the largest in than 350 members who raised $87,000 of the last simple: We need to raise about $300,000 in the next IRE’s history—the foundation offered to provide $1 million through our $25 Club alone, we took in seven months. If we do, we’ll get another $150,000 partial matching funds of up to $1 million for IRE’s a little more than $700,000. from the foundation. All of this money will go into endowment. For every $2 raised by IRE, Knight Because of that strong show of support and a our endowment, which provides the bedrock that provides an additional $1. belief in IRE’s mission, the Knight Foundation will allow IRE to thrive for years to come. We greatly appreciate the support of everyone who has donated to date. This deadline extension will allow us to complete several fundraising efforts that were under way when the deadline passed. This also presents an opportunity for those who didn’t have a chance to give before the Dec. 31 deadline. $25 Club So join us on this final effort to take advantage of the Knight Foundation matching program, and 2007 end-of-year funding drive best in IRE’s history help ensure that IRE will be helping journalists for years to come. We asked for your help in raising funds before the end of the year, and IRE members really IRE seeks the aid of all audiences that value came through! The end-of-year drive kicked off in October with a note from IRE board quality investigative journalism and recognize its members Cheryl Phillips, Lea Thompson and Duff Wilson encouraging you to join the $25 importance in keeping the public informed and gov- Club by stretching a $100 pledge over four years. ernments, businesses and individuals accountable. Also, if you have ideas for fundraising in your The impressive results: more than 350 IRE members rose to the occasion and donated and newsroom or region, please contact IRE develop- pledged more than $87,000 to the endowment fund. With the match from the Knight ment officer Jennifer Erickson [email protected] g or Foundation, that’s more than $130,000 in support of the IRE endowment. 573-884-2222. Jennifer is also available to answer questions about the endowment drive, the $25 Club A sincere and hearty thanks to everyone who joined the club and, in the process, is working and related inquiries. to help secure IRE’s future.
Highlights of the drive: To make a donation in support of IRE’s future, please visit Nearly 270 people joined the traditional $25 Club (pledged $25 per year for four years for a total donation of $100)—that’s $27,000 from this group alone! our Breakthroughs Web page, where you may learn more After longtime IRE and endowment advisory committee member Ruth Ann Leach Harnisch donated $5,000 to the drive, she challenged us to seek donations larger than $100 from indi- about the IRE endowment viduals. We’re happy to report that nearly 100 people joined Ruth Ann’s giving circle and donated/pledged together more than $60,000 to the IRE endowment fund. Many thanks to drive, download a donation Ruth Ann for the guidance, encouragement and support! form or donate online with IRE board members helped recruit $25 Club members by means of personal calls and e-mails. a credit card: www.ire.org/ Many thanks for responding to their requests, and please know that each board member, volunteers all, has made a meaningful pledge to the endowment. endowment
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one case in which a 1-year-old was prescribed an anti-psychotic drug. To reach this point was quite the trudge. It required: a series of multiple (and occasionally revamped) New York Freedom of Information Law requests; lessons learned about what medications are presently popular in a world where the market is often shifting; journeys into the arcane yet helpful world of medical research papers; and a push to lift the cloak draped over some Family Court proceedings. (Here is a good place to also commend work done by others on the same topic, including an excellent Oregonian series that ran last year, stories from The (White Plains, N.Y.) Journal News in 2002 that focused on downstate New York, and a 1997 series from the Seattle Post- Intelligencer.) Throughout much of last year we gathered data for our stories. Recognizing that Medicaid expendi- tures for foster care children were the one sure guide Photo illustration: Annette Lein | Rochester (N.Y.) Democrat and Chronicle Democrat (N.Y.) | Rochester Lein Annette illustration: Photo to some conclusions, we started with Freedom of Information requests to the state Comptroller’s Office. We also could have sought the information from the Reporters gained access to Family Court transcripts to find parents of children in the foster care system, including a agency that oversees local social service operations, mother whose 4-year-old received a seizure drug used as a mood stablilizer. but we decided that the Comptroller’s Office, which had access to the same data, might be quicker and more responsive. As luck would have it, the Comp- troller’s administration changed hands early in the project—that’s what happens when a Comptroller is FOSTER CARE Rx convicted of fraud and resigns—and that sent us back to square one with the request for information. Medicaid data, court records show While helpful, the new administration decided to bounce our public records requests off the lawyers. growth of off-label psych meds At that point, we were asking for foster care expendi- tures for specific psychotropic medications for every By Ga r y Cr a ig county in New York. The state lawyers determined Ro c h e s t e r (N.Y.) De m o c r a t a n d Ch r o n i c l e that such a release of information for very small coun- ties could be a HIPAA violation, possibly revealing which foster children were medicated, even though the records we’d receive would not contain names or n late 2006 a Family Court judge in Monroe ruling, has been linked to liver failure in young other identifying information. We could have pursued I County, N.Y., excoriated county officials after children. The anti-psychotic drug Risperdal has a legal challenge to that decision, but we pared down they supported the decision to prescribe a powerful been tied to heart failure in older adults. Some anti- the request because our focus was mostly our county. psychotropic drug to a 2-year-old girl in foster care. depressants promote extreme weight gain and have Ultimately, we sought the data for three New York The judge ruled that the county had not tried enough been tied to diabetes. counties, including our own, which had urban cores intensive counseling to address the girl’s emotional In December 2007 we published a two-day and hundreds of foster children. (The Comptroller’s problems. Nor was the judge convinced that the package that highlighted a significant increase in Office agreed that there was little chance of a HIPAA drug could be administered safely. Like so many the prescription of psychotropic drugs to Monroe issue with this data.) We also sought a breakdown of psychotropic medications, the drug was prescribed County’s foster children. Our stories showed a 40 statewide information. “off-label” and never had been rigorously tested for percent increase over five years in the number of The state was very helpful once we came to an use in a young population. foster children prescribed psychotropic medica- agreement about what we could have, but a second Though the actions within Family Court are often tions, even as the foster care population was slightly round of records requests became necessary. While off the radar of the media and the public, we were declining. we’d done some homework about the world of psy- lucky enough that both our courts reporter, Michael Among other findings: chotropic medications, we realized after our requests Zeigler, and our public service editor, Sebby Wilson • At least one in eight foster children was prescribed had been sent that we’d missed some drugs that had Jacobson, learned of the ruling. Zeigler wrote a daily anti-psychotic drugs. (The number was likely become more popular for depression and other uses in story about the ruling, and we decided to find out higher but, as with other data we accumulated, we the past 18 months. (Lesson one: Start with interviews whether this prescription was an anomaly or instead were very conservative in our findings.) with psychiatrists and get their help with the current more common within the foster care population than • The Medicaid expenditures for major psychotropic world of psychotropic medications.) we would have thought. drugs for foster care in our county were greatly We went back with another round of public records Key to the investigation were concerns about outpacing the statewide average. requests and the state again complied. The data the long-term health effects of certain psychotropic • In some cases very young children had been showed our county’s rate of Medicaid expenditures drugs. Depakote, the drug central to the judge’s prescribed heavy-duty medications, including for foster care psychotropic meds greatly outpacing
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the state over a five-year period. One of the other two hearings had been open, and we could have sat in interviews, provided a view into the discussions counties showed a rate of increase far less than ours, on any one of them. We also indicated that, should about these issues at the federal level. while the data for the other county in fact revealed an we locate these families, we would not use their With investigative journalism we too often think increase greater than ours. names without their consent. With these assurances, the world is black and white, angels and evil-doers. This could have been a story by itself, but the a Family Court judge approved the release of hear- But this issue—the prescription of psychotropic drugs data still left many questions unanswered. How ing transcripts. for very troubled children—is not so clear-cut. many kids were getting the meds? Was the increase This information led us to a birth mother who Shortly after my stories ran, I spent an hour on in that number—a far more telling and necessary had insisted that her 4-year-old son, who was in the telephone with a mother, as caring as any parent figure—comparable to the growth of Medicaid foster care, be taken off a prescription of Depakote, could be, whose teenage son had been diagnosed expenditures? an anti-seizure medication now often used as a with bipolar disorder three years before. While that We turned to the county to answer these ques- mood stabilizer. We also briefly profiled the story of diagnosis can be challenged—given the surge in tions and fine-tune the numbers. The county, to our a troubled teenager, now back with his mother, who similar diagnoses in recent years—what she knew pleasant surprise, was very helpful and responsive to had been on a regimen of five—and occasionally was that her son had been unmanageable, suicidal our requests, and during much of 2007 we worked seven—psychotropic drugs while in foster care. and had very nearly killed himself. His diagnosis with them to get the data we needed. The county in The stories also included the experts from sci- led to a prescription of psychotropic medications, fact supplied most of the specific information for our entific research fields and the U.S. Food and Drug many which did not work, until one drug seemed to series. We needed to do very little heavy-lifting with Administration talking about the pros and cons of be at least the temporary solution. “Had it not been the data in-house. off-label medications and the possible long-term side for off-label medications, my son would probably By using both the county and state, we also had effects of the drugs. This information was vital to be dead,” she said. a method to cross-check our information to ensure suggest the dangers these children could face. We Some children, and especially foster children, are we were seeing similar Medicaid expenditures from talked at length to an area psychiatrist who is hired at risk for mental ailments that likely require medi- both sources. by counties and some juvenile facilities for troubled cation. The tough question is whether the oversight In particular, the data allowed us to see which children to try to reduce the reliance on psychotropic is present in the foster care system to determine drugs were most common (allowing us to highlight medications. Julie Zito at the University of Maryland whether the drugs are properly prescribed and safe the prevalence of anti-psychotic prescriptions), has been contracted by localities and states to study for use or instead used for behavioral control. We to analyze how often very young children were whether too many meds have been prescribed to did not answer that question, but we did make sure prescribed psychotropic medications, and to deter- foster children, and her insight was very valuable that the question was asked. And that’s often what mine the average number of meds prescribed per for our stories. Also, testimony from congressional our job is. child. (On the latter question, our county fared well hearings about foster care directed us to several compared to other areas where questions have been experts. The Government Accountability Office has Gary Craig is a reporter for the Democrat and raised about the prescription of multiple meds to studied federal efforts to encourage more research Chronicle in Rochester, N.Y. He is a past recipient of foster children.) into the health effects of off-label meds on young awards from National Headliners and Investigative There were bumps and dips along the way with children, and those studies, coupled with the FDA Reporters and Editors. the data gathering— too many to detail. But the most important part of the story was, of course, kids and their families. Numbers are crucial to show trends. THE But, ultimately, people matter most. Rosalynn Carter Fellowships That led us to the next barrier—the privacy and FOR MENTAL HEALTH JOURNALISM secrecy of Family Court. We knew of the one case that started our investigation. And we learned from “Informed journalists can have a signi- sources in the legal community who often practiced in Family Court about other foster care cases in which ficant impact on public understanding psychotropic medications had become an issue. of mental health issues, as they shape We pushed and prodded to determine who these debate and trends with the words and families were, and then used the typical people- pictures they convey.” finding tools (AutoTrack, voter registration rolls, and, yes, a phonebook) to try to locate them. We had the —Rosalynn Carter names of birth parents in each case. he Carter Center in Atlanta, Ga., Our success was mixed. So we decided to see what Family Court records we might be able to access to Tannounces six one-year journalism help locate these individuals and to also learn more fellowships of $10,000 each. Designed to about the specifics of their cases. Most Family Court increase accurate reporting on mental health The application deadline is records are sealed in New York, but Family Court issues and decrease incorrect, stereotypical April 28, 2008. To apply, e-mail: sessions are open. We approached court reporters information, the Rebecca G. Palpant, M.S. about securing hearing transcripts in these cases, The Carter Center fellowships begin and they forwarded the request to the court clerk, Mental Health Program in September 2008. who decided to leave the decision in the hands of [email protected] Fellows will not be judges. We researched New York State Family Court www.cartercenter.org/health/mental_ required to leave their law; talked to New York’s open records guru, Bob health/fellowships/index.html current employment. Freeman of the New York Department of State; and crafted a formal request in a letter for the hearing For more information, see www.cartercenter.org transcripts. At its core was the simple fact that the
Ma rc h /Apr i l 2008 9 Features
came down to community values. She compared it to sex shops; some communities allow them while others won’t have anything to do with them. Rankin knew the death penalty wasn’t supposed to boil down to local political preferences. He also knew some extraordinarily vicious murders in Georgia hadn’t elicited a death sentence, while other less aggravated killings—botched armed robberies, for instance—had. He wondered whether the legal reforms that Furman inspired had made Georgia’s death penalty more evenhanded and uni-
Ben Gray | The Atlanta Journal-Constitution Atlanta The | Ben Gray form. The only way to know would be to examine the handling of every murder case that resulted in a conviction over a period of time. In 2007, Rankin and a team of AJC reporters found the answer. More than two years of intense record-collecting and analysis showed that the state regularly failed to meet the bar it had set for fair- ness in capital cases. A painstaking review of the state’s most brutal killings over a decade showed Georgia’s death penalty remained arbitrary. Last September, four days of stories bylined In the last three decades, judicial oversight failed to prevent wide disparities in the use of capital punishment. by Rankin, reporters Heather Vogell and Sonji Jacobs, data analyst Megan Clarke and researcher Alice Wertheim showed how similar crimes often did not receive similar treatment from Georgia’s judicial system—even when death was at stake. We Life or Death reported that murdering a white victim doubled a killer’s chances of receiving the death penalty in AJC reviewed 1,315 cases to show impact of race, Georgia. Also, counties applied the law so differ- ently that, in one instance, a few miles difference geography on death penalty in the location of the crime made a killer 13 times more likely to receive the death penalty. Factors By He at her Vo ge l l a n d Bi l l Ra n k in such as race and geography proved more influential Th e At l a n t a Jo u r n a l -Constitution in murders involving a single victim and an armed robbery – a category that encompassed a third of he idea for The Atlanta Journal-Constitution’s ished the death penalty on the grounds that courts all death-eligible murders in Georgia. T death penalty project, “A Matter of Life or were carrying it out in an arbitrary manner. Getting The series, edited by investigations editor Jim Death,” came to our legal affairs reporter a decade a death sentence, Justice Potter Stewart noted, was Walls, also showed how the Georgia Supreme Court ago. cruel and unusual “in the same way that getting had fumbled a key task: reviewing death sentences In 1997, Bill Rankin wrote a story about the struck by lightning is cruel and unusual.” to make sure they were not disproportionate or out 25th anniversary of the landmark U.S. Supreme For his story Rankin interviewed an assistant of line with punishment given for similar crimes. Court decision Furman v. Georgia. Furman abol- attorney general who told him that the death penalty Since 1982, the court had repeatedly justified death Ben Gray | The Atlanta Journal-Constitution Atlanta The | Ben Gray Pouya Dianat | The Atlanta Journal-Constitution Atlanta The | Dianat Pouya
Marsinah Johnson (right) was tortured and shot to death in 1993. Her brothers (left) have watched the accused killer escape the death penalty twice. He was tried in two court circuits that were among the least likely in the state to use the death penalty, according to the AJC analysis
10 Th e IRE Jo u r n a l Features
defense lawyers, prosecutors, judges, jurors, aca- demics and researchers who had studied the death penalty. We talked to the families of victims whose murders we were highlighting. From the beginning, we planned to strike a balance between data reporting and narrative and anecdotal reporting. We kept a lookout for some of the most outrageous cases while doing mundane data collection, setting aside a specific field in our database to flag cases that really stood out. Some of those cases became the basis for an online quiz that ran the week before publication. Readers could Pouya Dianat | The Atlanta Journal-Constitution Atlanta The | Dianat Pouya guess whether a killing brought a death or life sen- tence and then clicked for the answer. Our series also included a story that detailed the legal snafus that allowed a gang leader who commanded two of the Atlanta area’s most gruesome torture-killings to escape the death penalty—twice. After we published, some state lawmakers talked about narrowing the state’s death-penalty statute to allow district attorneys to seek death against Kevin Scott Brown died in a robbery at a pizza shop. His killer was one of 55 people convicted of murder in an armed fewer types of murders—in hopes of focusing on robbery in 1995; only 16 defendants faced the death penalty, and only one was sentenced to die, highlighting the the “worst of the worst.” There was also discussion local differences in how capital punishment varies for a common crime. about legislation that would allow district attorneys to seek a life-without-parole sentence for murder sentences by citing similar death sentences that had the database. We used Microsoft Access to find entry without having to seek the death penalty (now, they already been overturned on appeal and not reinstated. errors and, in some cases, manually pulled hundreds can’t). As for the Georgia Supreme Court’s sentence The court had also failed to review similar cases that of files to re-check entries’ consistency and accuracy. reviews, the state’s chief justice announced the court had ended in life sentences. We sent district attorneys a list of key fields for each had taken steps to improve its proportionality review Reporting the series required a descent into case in their circuit and asked them to fill in unknowns in response to our questions about it. a dark world of depravity—a world of child or suggest changes. killers, rapists who tortured their prey, and In the end, we identified 1,315 murder convic- Bill Rankin is The Atlanta Journal-Constitution’s spurned lovers whose cruelty surpassed horrific. tions that were eligible for the death penalty under legal affairs reporter, covering the Georgia Supreme In all, we gathered information on more than 2,300 Georgia law since 1997. We then used Microsoft Court, the U.S. District Court and the 11th U.S. Cir- murder convictions. For cases that were eligible for Access and Excel to break down the data by circuit, cuit Court of Appeals. Heather Vogell is a reporter death, we catalogued details such as what weapon year, prosecutor, crime, outcome, victim, and other on the AJC’s investigative team. was used, whether co-defendants participated in the characteristics. killing, whether drugs or a sex crime were involved, “There’s no Georgia capital punishment law,” and whether police obtained a confession. We entered Paternoster said. “There’s one [law] in one county, The Atlanta Journal-Constitution’s death scores of facts about each case to create a database. and in another county there’s a totally different penalty investigation won second place in The data collection alone took more than a year, one.” the 2007 Philip Meyer Journalism Awards, far longer than anticipated. Staff members came and We also consulted University of Maryland recognizing outstanding use of social went. The newsroom reorganized. Through it all, criminologist Ray Paternoster to help us develop a science research methods in journalism. reporters and editors traveled to more than 100 county more sophisticated analysis of our data to test our Earlier IRE Journal articles about projects courthouses gathering case files. findings. One of our main goals was to measure how When court records were scant, the newspaper consistently or inconsistently prosecutors handled that went on to win 2007 Meyer Awards filed Georgia Open Records Act requests with state similar death-eligible cases. But legitimate differ- can be found in the Sept./Oct. 2007 issue and local law enforcement agencies, medical examin- ences between cases—such as the presence of a (“Against the Odds” by Holly Hacker and ers’ offices and district attorneys. When paper sources confession or a heinous act such as a rape—could Joshua Benton of The Dallas Morning failed, reporters called people involved in the case. explain some of that variation. News) and March/April 2007 (“Irked Entering that information into our database We knew Paternoster belonged to a small, highly Consumers” by Mike Casey, Mark Morris presented its own challenge. Like most journalists, specialized group of criminologists nationwide who and David Klepper of The Kansas City we were used to dealing with data that someone else had used multiple regression analysis to control Star). The Meyer Awards are co-sponsored has collected and categorized. We quickly found that for case characteristics so they could look at how by IRE and NICAR, a joint program of IRE with multiple people entering data from multiple uniformly the death penalty was being applied. That and the Missouri School of Journalism, sources there were all sorts of ways to interpret the approach could tell us how much geography and and the Knight Chair in Journalism at the database fields. race were affecting Georgia offenders’ chances of To prevent errors, we stayed in constant communi- facing the death penalty. Paternoster crunched the Walter Cronkite School of Journalism and cation as we worked, checked each other’s entries and numbers, took part in regular conference calls with Mass Communication at Arizona State met as a group to hash out disagreements over tricky us and wrote a report on what he found. University. classifications. We kept paper records of every fact in We also interviewed scores of investigators,
Ma rc h /Apr i l 2008 11 Features
Their requests included: • accounting of all positive tests • the punishments for those positive tests FAIR PLAY • the school athletic department’s drug-testing Colleges lag in policing calendars and budget information • bid information and audits for drug-testing con- performance-enhancing drugs tracts The first requests went into the mail in Janu- By Na t e Ca r l is l e , Mich a e l C. Le w is a n d To n y Semer a d ary 2007. Some schools responded quickly and Th e Sa l t La k e Tr i b u n e thoroughly. Carlisle and Fontaine were surprised to see many schools provided easily readable charts that were created by the laboratory hired to perform the urinalyses. When schools supplied only bulk data on positive tests, the reporters replied by ith all the focus on drug use by professional also has said it spends $4 million a year on testing and asking for breakdowns of positives by substance W and Olympic athletes, Nate Carlisle and Scott collects urine samples from thousands of athletes. and sport played. Fontaine wondered what was happening in college But the reporters could not find data on what The volume of requests required a high level sports. They planned an investigation expecting to was happening at individual schools and decided of organization. Fields were added to the database find out how many elite college athletes were using to dig in that direction. Working in their personal to help track the requests, what records had been performance-enhancing drugs. Instead, they found time, Carlisle and Fontaine wrote public record received and what schools required follow-up to a system of disparities that makes it easier for drug requests asking for documents and data recorded spur compliance or gain more data. cheats to go uncaught or unpunished. since Jan. 1, 2004. Some schools refused to disclose any kind Carlisle, a public safety reporter at The Salt Lake The requests were written into a form letter to of information about positive tests. A lawyer for Tribune, was a fan of the reporting on the BALCO save time. Then Carlisle and Fontaine compiled a Indiana University responded that the Family steroids scandal and thought there was more to report database in Appleworks of public universities in Educational Rights and Privacy Act prohibited the on drugs in sports. In October 2006, Fontaine was the Bowl Championship Series—the football divi- school from disclosing any student educational relocating after leaving a job as a sports reporter and sion with the country’s biggest and most popular record—even redacted—if disclosure might reveal copy editor at the Albuquerque Journal. He stopped athletic departments—and their presidents to merge personally identifiable information. The reporters in Salt Lake City to visit Carlisle, his old roommate with the form later. Expecting a fight for records, the challenged these assertions, but some universi- from their undergraduate days at the University of reporters divided the workload by state to minimize ties, including Indiana, never supplied data on Missouri, and soon they were exchanging ideas the research required on each state’s public record positives. about public records requests for a story about col- laws. Story angles began to appear in the informa- lege drug testing. The letters also told the schools they could redact tion. The NCAA arrived on campus once or twice The NCAA depicts itself as having a thorough or omit names of athletes caught using drugs. That a year to test about 30 athletes each time—out of drug-testing system that is hard on offenders. Its reduced the fighting over privacy of student and a potential 300 athletes per campus—and anyone published drug policy includes a long list of banned health records while still providing a description of testing positive was subject to a one-year suspen- substances and warns that athletes can be tested at any the testing. Carlisle and Fontaine asked recipients sion. But further testing was left to the school, and time and that anyone testing positive is banned for to supply data and documents in electronic format there were big differences among the institutions’ one year. In testimony to Congress, the association when possible. programs.
College drug-testing primer The NCAA and the two conferences test for Some experts in the field: street drugs and performance-enhancing drugs The NCAA administers drug testing and indi- and masking agents. But there are no require- • Don Catlin, doping expert and former vidual universities administer drug testing. ments for campus testing programs nor are director of the UCLA testing laboratory The Big Ten and Big 12 conferences also test universities even required to have one. athletes. • Charles Yesalis, professor emeritus at The NCAA makes annual disclosures of how Penn State University who specializes in The NCAA tries to visit every Division I and many tests it has administered and how many doping studies Division II campus once a year and test about athletes tested positive in those tests. Look on 15 athletes from two sports. If the campus has the association’s Web site or contact its media • Gary Wadler, medical doctor who has a football team, then it’s always one of the relations office. written extensively on drugs in sports teams tested. The Big Ten and Big 12 test in a similar fashion. The NCAA also tests a sample of The World Anti-Doping Agency and the U.S. • Gary Gaffney, University of Iowa pro- athletes at championship events and football Anti-Doping Agency are resources for the fessor who has studied performance- bowl games. most generally accepted list of performance- enhancing drugs enhancing substances and testing protocols and controls.
12 Th e IRE Jo u r n a l Features
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