Let's 'be fair' to Christian Ziegler, but not at the expense of his accuser

I was disappointed by Herald-Tribune columnist Chris Anderson's Dec. 1 opinion piece regarding the rape allegations against Florida Republican Party Chairman Christian Ziegler ("Christian Ziegler is a Republican. He must be guilty, right?").

Anderson's column was apparently warning people not to prejudge Ziegler because he is "innocent until proven guilty." I am a retired prosecutor, and I would like to point out a few things Anderson may not have been aware of.

"Innocent until proven guilty" really refers to a defendant being proven guilty "beyond a reasonable doubt" in the criminal context. It is a heavy burden of proof for the prosecutor; there are times when a guilty defendant is found "not guilty" because the jury had doubts that they considered reasonable. However, it is important to note that the wording of the finding is "not guilty" – it is not "innocent."

The burden of proof for a civil matter is based on "preponderance of the evidence" – the bulk of the evidence proves guilt, but it is not beyond a reasonable doubt. Many people who escape criminal liability are later found guilty in a civil court because of the difference in the burden of proof that must be met. In other words, a defendant actually was guilty – it's just that this individual will not go to prison.

I mention this because in the Ziegler case – even at the point in time when Anderson wrote his column – there was already indicia of proof that could easily be extrapolated.

The existence of a search warrant is the most important, and police need probable cause to convince a judge to sign a search warrant. It is not easy to get search warrants; indeed, judges very closely guard the search and seizure protections that are provided under the Fourth Amendment.

The approval of the search warrant was strong evidence that a crime had been committed, and that evidence had to be both good and concrete to merit the judge's signature.

Later, we learned that emails, texts, security videos, phone calls, "excited utterances" –which are exceptions to the hearsay rule – rape kit evidence, witnesses to the victim's behavior, 911 calls and more were in the affidavit regarding the accusations against Ziegler. And there is likely much more material that has not yet been revealed.

In short, the reported victim is entitled to the same "benefit of the doubt" that Anderson provided to Ziegler in his column. While Ziegler received the benefit of the doubt when Anderson mentioned that an estimated 5% to 10% of sexual assault cases are falsely reported, shouldn't the columnist have afforded the reported victim the same treatment by also noting that would mean 90% to 95% of cases are truthfully reported?

And where were the statistics detailing how many defendants lie about their behavior in such cases? The fact is the accused has everything to gain by lying; the accuser, meanwhile, has everything to lose by coming forward. But where was this calculus in Anderson's column?

The reason why the Zieglers are receiving such heavy media coverage is a result of their public lives and the contrasting irony of the current allegations against Christian Ziegler. Their political beliefs are based on their own choices, and the same applies to their behaviors. Such notoriety, however, has nothing to do with "innocent until proven guilty."

But here is what was never mentioned in Anderson's column: the reported victim has also faced some choices. She has had to choose whether to remain silent and take no action - or to take on a powerful, politically connected man and an onerous legal system in an effort to win back her self-respect.

In his column, Anderson opined that it was important to be "fair" to Ziegler as this case unfolds. But a call to display fairness toward everyone involved in this matter would have been far more accurate – and far more appropriate.

Eileen Walsh Normile is a retired criminal prosecutor and a former Sarasota city commissioner. She also previously served as chair of Sarasota's planning board.

This article originally appeared on Sarasota Herald-Tribune: Christian Ziegler's accuser deserves the 'benefit of the doubt,' too