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Posted in: Community
An Innocent Man and the Presumption of Guilt
By Mitch Traphagen mitch@eiherald.com
Jan 24, 2008 - 9:54:43 PM

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Bob Border of Victor with Ann, his wife of 12 years, and 10-year-old son Aaron. Mitch Traphagen Photo

The phrase innocent until proven guilty is not specifically mentioned in the United States Constitution.  Perhaps this concept, based on English common law, was considered so basic the framers felt it would have been redundant.  The presumption of innocence is, after all, a requirement for a fair trial and to meet the letter of the Fifth Amendment that states no person shall be deprived of life, liberty, or property without due process of law.

Tell that to Bob Border of Victor.

According to Border, he was wrongfully convicted in the court of public opinion.  Due process of law had not played out – it was still in process when the case against him was dropped.   In the end, a man presumed innocent was indeed innocent.

On November 15, 2007, Border’s photograph – a police mug shot – appeared in local newspapers under a headline mentioning he was being charged with a serious crime.
Shortly after, it seems, the presumption of his innocence was gone.  For Border, an HLV graduate who has spent much of his life in Victor, outside of his service in the U.S. Navy, the news release hit hard.

“I was very angry and very broken up about it,” he said.  “It was like a stab in the heart.  After that, I was fired from work because they do have a policy.  They were gracious enough to give me my job back and I’m thankful for that.  But in the newspaper it made me look like I was convicted already.”

Law enforcement officials did their job.  They arrested a suspect and provided the information to the public.  But law enforcement only holds a piece of due process.  As any good sheriff’s deputy or police officer will tell you, they are not the judge or the jury – they are but one component on the scales of justice.  They acted on information or orders because that is what the public expects and requires them to do.  They protect and serve to the best of their ability.  Informing the public is also what is expected and required of them.

But somewhere outside of the due process of law, things went awry with the presumption of innocence.

“I don’t think a newspaper should sensationalize people’s misfortunate,” Border said.  “If they are going to do it, the least they could do is contact the person to see if they want to talk.  The picture shouldn’t be there unless I was convicted.  If I was convicted, then have a field day.  But if a person is innocent...”

After the charges were publicized, Border effectively went into self-imposed exile.  He was, in a sense, a prisoner in his own home.

“It took me forever just to get my mail from the post office,” he said.  “I didn’t go into the Pronto, anywhere.”

With his job on hold, finances quickly became a concern for the couple.  Married nearly 12 years, this, of course, was not an event for which they had planned.  To make ends meet, Ann began working more hours at her job.

“I put my faith in God,” Ann said.  “But still it was hard because we had to worry about having enough money.”

“I had to dip into my 401K for hardship to afford the lawyer,” Bob said.

Beyond the money and the charges, the central concern was with the couple’s 10-year-old son, Aaron.

“We didn’t want to lie to him,” Ann said.  “We had to tell him what was happening with his dad.”

“I think it was rough for him - I think he was depressed,” Bob added.  “But one of his classmates approached him one day and offered to talk about it.  No one teased him or picked on him at school.  Before everything happened, we told the teacher what was coming so she kept an eye out for him.”

On Jan. 4, the charges were dropped.  But that didn’t bring back the nearly two months that were lost to the family.

“It does make me stop and wonder just how many people are put into this position,” Bob said.  “Once something like this happens, it seems you have to prove that it didn’t happen.  You’re supposed to be innocent until proven guilty but sometimes society isn’t that way.”

But through it all their faith remained.  

“All we have is faith and hope,” Ann said.  

“We never prayed so much and read the Bible so much - that no doubt helped,” Bob added.

Both Bob and Ann also appreciate the many people who offered their support during the past two months.

“We are grateful to the people who did give us support, whether they contacted us or not,” Bob said.  “I know a lot of people didn’t know what to say and I understand that.  It was an awkward situation.”

For Bob, Ann and Aaron life can now resume as normal.  The experience, however, provided a hard lesson on how things are versus how they should be.

“Going back to work has been great, the people there have been great,” Bob said.  “For us, our life gets back together again.”

Editor’s Note:  Many newspapers commonly run arrest reports.  Certainly, there is a public service in publicizing the work of law enforcement.  At The Herald, I have received requests from readers to do the same. 

As this is a community newspaper serving small, close-knit communities, The Herald must balance the public’s need to know with the privacy of the residents in this area.  I would like to hear from all readers in this matter.  In light of this story, how do you feel about publicizing arrest reports?  

Please send your thoughts to the East Iowa Herald, P.O. Box 336, Victor, IA, 52347 or email editor@eiherald.com.

© Copyright 2008 by The East Iowa Herald