The sad story of bernie ward

A man's life and career is in tatters.

But was his downfall because he tried to sting his right-wing enemies?

Bernie Ward, the "liberal lion" of San Francisco's KGO, and one of our heroes around here, has been indicted for downloading child pornography from the Net; e-mailing it on to others, and discussing the material in Internet chat rooms.

Bernie has acknowledged he viewed the porno- he says he was researching a book.

"Everything I've done in my life has been with good intentions," he told the SF Chronicle after the charges against him were made public.

Possession of child pornography is a felony no matter how good your intentions may be.

Unfortunately, there's no First Amendment exception to this. Journalists have been charged with possessing child pornography, but the courts have treated them like any other kiddie porn defendant. Prosecutors compare it to drug possession- you cannot buy or possess illegal drugs just because you're doing a story. 

Federal laws give a defense if you accidentally possesses three or fewer child porn images and you immediately destroy them and reported it to police.

We can't really be sure if Bernie Ward's intent was journalistic and not prurient. But Wonkette is reporting  even if his intentions were jpournalistic, they may not have been so noble.

Bernie, according to the mainstream DC gossip column, was writing a book on the sexual hypocrisy of the right, so he downloaded some pictures and e-mailed them to some right wingers he didn't like, hoping he could entrap them. "One of them," says Wonkette, "skeeved that someone was sending him sick child porn over the internet, reported it (as is required by law) to the police." 

(Jeez, Bernie: there are so few examples of right-wing sexual hypocrisy...)

This hardball attempt at a partisan dirty trick- so thoroughly unbecoming to a true liberal and devout Catholic- backfired with karmic thunderation, and an indictment. 

Bernie could go to jail for 5 years for each of his two counts of distributing child pornography and one count of receiving it.

His attorney said, "He tried to have a dialogue with people and see what he could talk them into saying and agreeing to," she said. "He lost track of himself and didn't stop and think about what he was doing."

Once the charges against Ward were made public, KGO management took him off the air until further notice, "We were just recently made aware of these serious charges and are surprised and concerned by their nature."

The facts in the case don't seem to be in question, his good intentions will only serve him in determining his punishment.

What's sad is that Bernie might have written his book in peace if he hadn't fallen prey to the song of his lesser angel who tempted him with a gotcha on his enemies.

A solution, however, must found for this conundrum for reporters- and it's legislative: 

As Debbie Nathan writes in Counterpunch, "Journalists need some kind of system or First Amendment permit to allow them to do their reporting. Otherwise, the public will remain ignorant about what’s really going on with child pornography. And media people trying to find out will risk indictment, or worse."

Stay tuned.

Comments

[misty]

Are you blaming the victim, Michael? Ward is a dirty old man who got off peeping at nekkid kiddies. Lock him up. And any other of your liberal friends and their immoral, criminal excesses. End of story.

[abob]

I would have paid a year's wages to watch Bernie Ward, caught on TV, trying to explain to Chris Hansen why he showed up at the home of a 12 year old with candy, flowers and condoms.

[sarge]

let's see what happens to you Republican pervs once Democrats take over next year. Then we can sick the FBI on your closetasses.

[coiler and crew]

Indeed, we cannot fail.

[Brian]

"good Intentions"? are fu**ing kidding me? Where are the good intentions in trying to entrap someone like that.

I'm glad he's getting what's coming to him.

Same old liberal BS, they can't win an argument with facts & ideas so they resort to extreme measures & extremely poor judgment.

[KS]

"Indeed, we cannot fail."

If and when you do, a strong signal has been sent to modify your approach. The question is will you ever get it or is it too much about you-you-you ?

[coiler]

My approach is none of your concern, please move along, ok?

[DT]

Let me be the first, and only liberal Democrat here who has the courage, honor, integrity, and morals to stand up against someone in my own party and say I am absolutely disgusted by what Bernie Ward has done.

[Larry Craig Bathroom Attendant]

Yes, the democratic party has more integrity than I could have mustered

[Upton]

Republicans, time and again, have been proven to be the party of pervs, though they attempt to keep it hidden. Bernie Ward was just attempting to shine a light in the dark corners of Republican perversion.

[abob]

"We were just doing research" -John Gacy and Jeffrey Dahmer

[JJ]

Ok - my bad this is off the subject, but what was Dori talking about today? I heard a quick second of him whining about being the one out in the cold? A co-worked got a promotion and he is the only reasonable one (HA) at KIRO? What was that all about?

[DT]

JJ, I think I can help answer your question. It's called a podcast. They are free. And you can find them at www.710kiro.com.

You're welcome.

[joanie]

DT: Let me be the first, and only liberal Democrat ..."

You're no liberal, DT.

[joanie]

I'm not buying his story either. No one could be that dumb. Sorry.

[Andrew]

Pete Townshend said almost the same thing. You can't blame them for going the plausible deniability route. You can't expect someone to fall on their sword when it's over something as serious as child porn. Obviously his story is BS but nobody should act indignant about him not admitting to what he did.

[abob]

"I was just doing research on homosexuality in public toilets"
_ Senator Larry Craig

[abob]

"I was just doing research on those naked little boys at my Neverland Ranch" _ Michael Jackson

[Upton]

"I'm just doing research when I coach the girls basketball team."

Dori Monson

[Steve]

Other info on the Bernie Ward case includes the fact that his hard drive was seized three years ago and no, I repeat, no pornography was found. There is also no other evidence against him beyond these three charges. (See the S.F. Chronicle)
It's interesting to me that the U.S. Attorney's have taken three years to decide whether to charge him or not.
It is at least possible that Bernie's lapse in judgement set him up to be purged by the less than trustworthy U.S. Justice Department. This kind of a prosecution will profoundly effect the rest of Bernie's life, regardless of the outome.
Don't forget how charges of child molestation were used against Scott Ritter, the weapons inspector who tried to tell us that Saddam had no WMDs. Nothing ever came of that but rumors, however, Ritter's crediblity was damaged.
And for all you who will immediatly jump on my back for this comment. Why don't you try thinking for a change instead of just regurgitating the Fox/Bush/Repuglican talking points!

[drool]

Sorry Steve,

One has to be totally stupid to try a stunt like that without a huge paper trail documenting that what you are doin is on the up and up. I would want a signed get out of jail letter from my management spelling out specifically what I am doing. THAT might keep the heat off.

[Steve]

The fact that Bernie may have done something stupid does not in any way contradict the idea that this prosecution may be being used to silence a strong voice from the left. Just look at the timing. Three years to bring an indictment? What was the holdup?

[OP]

Yes, how "sad" this perv was caught "researching a book". Dem or Neocon, a perv is a perv.

[Steve]

How interesting - the rush to judgement. To label someone a perv, without any proof and without benefit of a trial says way more about you than it does about Bernie.

In Scott Ritter's case, he was never tried, and to make matters worse, he was enjoined from speaking about what happened. Thus, to many "deep thinkers" he is a perv. This sealed, rumor fed campaign against Ritter took him out of the game just as Iraq war fever was building. A powerful, authoratative voice on the central reason for the invasion was silenced by an indictment and some inuendos.

I have listened to Bernie off and on for 20 years. I give him the benefit of the doubt until I know a lot more. You should do the same.

[abob]

The fact that Bernie is a dirty rotten stinking child molesting scumbag should not in any way detract from his value as a left wing propagandist. Free Bernie.

[Steve]

Yet another deep thinker has stopped by! If only the world were that black and white!

[Dave]

"Republicans, time and again, have been proven to be the party of pervs."

So, are you saying that a gay man--however closeted--cruising for gay sex in public is perverted? I think Craig was hypocritical, but are you any less hypocritical for condemning him as a perv for practicing a sexual behavior that the left champions?

Craig committed a misdemeanor by seeking consensual sex with another adult in a public place. Ward committed a felony by downloading, distributing, and discussing pornography involving children. No matter how demented leftism has made you, surely you can see that the two acts are not equivalent.

[sparky]

I was not aware the the left championed airport bathroom sex...nobody ever tells me anything!

[Nevets]

Steve, you watch to much "Law and Order". Its not like that in real life, investigations take a lot more time than 60 minutes. If you look at the link I posted in the "Friday Oddem" you will see it took the FBI two and a half years to investigate that creep. But could the reason also be something Sparky hit upon earlier but would make the left look like fools if they brought it up. And as for "thinking", did you happen to think that there is a law against what Bernie Ward did?

[Steve]

Nevets

Yes of course I know investigations take time. However, at the point where they seize the suspect's hard drive, the investigation should be nearer it's end than it's beginning.

And, if he did what they say he did then yes there is a law against that. But I don't know what he did or did not do. Neither do you. I don't take Wonkette to be the ultimate source.

I'm merely going to wait for the process to work through a ways before drawing any conclusions. (the word any would be underlined if there were a way)

[Mark Foley's lover]

It's ok, there are plenty of chat rooms to cruise and pick up consenting dirty old republicans in Florida.

[joanie]

Steve, it's the added fact that he emailed them on to rightwingers - seems to me, he's gotta be a fool even if he is innocent. And I just don't buy the innocence when he sent it on. It just doesn't take a rocket scientist to know you leave that stuff alone.

Why the interest in a book deal anyway? Who is he to write a book on child pornography. Gimme a break!

[abob]

"I'm trying to find out Dakota Fanning's cellphone number" _Bernie Ward

[joanie]

Give it up, aboob. No one takes you seriously. You never source. You contradict yourself . . . "women's bodies over 60" yet you get turned on by mama partridge and you quote like a nutcase.

Go to bed and fantasize Phyllis Schafly.

[Steve]

Joanie,

That business about mailing to right-wingers would indeed be foolish. That, however, is the part that Wonkette is reporting.

I don't take Wonkette to be an unimpeachable source. I'll wait for the trial and some official documentation.

[Dave]

"I was not aware the the left championed airport bathroom sex...nobody ever tells me anything!"

Just read any of the left-wing weekly papers that come out in any US city, Sparky. Here in Seattle, we had one weekly, The Stranger, that ran a cover story that championed sex with animals.

Why is it that the left advocates the philosophy of "if it feels good, do it," but every time some Republican is caught "feeling good," they shout "Perv!" and conveniently forget that the perv is just following their advice?

[sparky]

Well Dave, I don't claim to speak for everyone on the left. If there are stories like that, I disagree with them. All the people that I know personally on the left disagree with them. I am assuming here that you consider homosexuals as "perverts". Whenever anyone paints with a ginormous brush like that on here, you can expect that person to get poked fun at.

[cowpotpi3]

Its amazing that our esteemed right wing posters are now indicting the whole of their boogyman "the left" because of this story. At this point, with the lack of any real information its still just that: a story. News flash righties: most people who you call the "left" (well they are actually the center and center right because they won't toe your line) will call a spade a spade if this guy did what is alleged.

This is the vast great difference between us. Truth and intellectual honesty. Why are you guys trying to draw moral equivalence between sex scandals like this? You know your party has been rocked by them, that's why. Unfortunately for you this guy is a talk radio personality and not sitting in office. There are too many to count. So if you guys insist on making the case that this one case is a vast indictment of the left, please respond to this:

Multiple Republican Sex Scandals

All of this is, of course, irrelevant when you really consider how you guys are trying to mask your incompetence, cronyism, hypocrisy and perversion of our system and country. Other than that, you guys are just gems.

[AndrewsDad]

Ritter wasn't tried because he coped a plea. And I am reasonably sure HE can say as much as he wants to, it is just the government that can not. Of course there would be no reason for him to want to say anything except I can not say anything.

"After an agreement with Assistant District Attorney Cynthia Preiser, the charges were suspended for six months, and were dropped after no further allegations arose. All court records from this matter were sealed. The District Attorney fired Preiser for failing to bring the matter to his attention.[28] According to WTEN-TV, Ritter underwent court-ordered sex offender counseling from an Albany psychologist."

[sparky]

Sex offender training is manditory even if charged are dropped. It does not signify anything in those cases except that the law was followed.

[sparky]

heh,,its the drugs talking..I meant counseling, not training.

[abob]

"What's the age of consent in Brazil?" _Bernie Ward

[Central Concern]

Ask Rush Limbaugh, he would know.

[joanie]

You don't know, a-boob? One of the countries you missed?

[Steve]

AndrewsDad

Your quote doesn't back up what you say.

It does not say that Ritter "copped a plea". In fact it doesn't say anything about a plea - because there was none! Ritter's case was "adjourned in contemplation of dismissal", an odd disposition of a case if he was really caught in a sting. Remember, in a sting, the authorities have plenty of time to line up their ducks.

Here's a quote for you from one of the right wing's "bibles", WorldNetDaily.

--Colonie police Deputy Chief Steven Heider told WorldNetDaily that he cannot confirm the allegations, explaining that if they were true, the details would have been sealed by a court order.

"A sealing order is exactly what it says it is," he said. "We're not allowed to talk about anything under sealed court order, and I'm not saying that one exists." --

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=30587

Thus, as I previously stated, when inteviewed about the subject, Ritter was unable to comment. He is merely left with this cloud hanging over his credibility.

Here is a quote from Ritter himself on CNN:

"The facts are simple," Ritter said. "I was arrested in June of 2001. I was charged with a Class B misdemeanor and I stood before a judge in the town of Colonie in a public session with my wife by my side."

"The file was sealed. Those are the facts. I am ethically and legally bound not to discuss any aspect of this case," Ritter said

http://www.cnn.com/2003/US/01/22/ritter.arrest/

Since Ritter can't comment and the officials can't comment, then all the rest of what you read is RUMOR!!!!!! And, 6 years later, the RUMOR is still active. At the time of his arrest, Ritter was calling for the removal of Bush for lying about WMDs. Coincidence? I think not.

Life would be so much simpler if you people would only do your homework ---- and then THINK about what you've learned.

[AndrewsDad]

Ritter made an agreement with the DA to go to sex offender counseling and if he did not have any other legal issue within 6 months they would drop the charges.

He did not stand before a judge and have the case thrown out and be cleared of all charges, he agreed to go to counseling and the government agreed not to let the press see the evidence of what a pervert he really is. If he was innocenct, why would he agree to any sort of deal? Why would he not hire a lawyer and "speak power to truth"? Fight the power Scott!

I am not a lawyer but it is my understanding that just like with Grand Jury testimony, the person testifying is free to talk about what they said, it is just the government that can not. I believe the same thing is true here. Ritter could talk about it if he wants to but why would he? It is so much easier to appeal to the tin foil hat crowd when you can say I was framed but even though I am innocent I agreed to not talk about the facts knowing full well the government really can not say anything.

Feel free to use any terminology you want but the bottom line is he cut a deal.

[PugetSound]

Spot on Andrews Dad!

[sparky]

For what it's worth, the dates Bernie was observed doing this was once on Dec. 23, 2004 and then again a few times during a 2 week period in January 2005.
Never before this, never since then, and none of his computers had anything on the harddrives. While the law does state that ANY transferring of these files is illegal, it is hardly the pattern of someone who enjoys looking at porn. Like Steve, I am waiting for more details.

[Stitch]

There's nothing whatsoever admirable or cute about sending child porn to someone in order to try and get them into trouble with the law. This is not some kind of honorable guy. It's especially funny that he blamed Bush for the fact that his idiotic actions landed him in trouble. What did he expect?????

[sparky]

I used neither admirable or cute to describe it.