No Way to Win

Regardless of his guilt or innocence, the arrest of Nick Masino for allegedly driving under the influence was a no-win situation for all concerned, from the moment the arresting officer turned on his blue lights. With those charges now being dropped for lack of evidence, vitriol streaming from one section of the court of public opinion brings with it the message that “the fix is in”—that is, charges were dropped because of Mr. Masino’s current and former positions (Gwinnett Chamber vice president and mayor of Suwanee, respectively). Had this case gone to trial, and Mr. Masino had been found “not guilty”, a similar scenario (“the fix is in”) would have played out. On the other hand, had Mr. Masino been found guilty, members of another section of the court of public opinion would have condemned Mr. Masino for thinking he could get away with breaking the law because of his current and former positions.
 
As a newly elected member of the Snellville City Council, I’ve quickly learned that one of the advantages of being a visible member of local government is that many people recognize you. I’ve also learned that one of the disadvantages of being a visible member of local government is that many people recognize you. Being the former mayor of Suwanee, I’m certain Mr.Masino was aware of the disadvantage of being recognizable, and would not have put himself in the no-win situation of being pulled over for driving under the influence. (If he’s arrested, it doesn’t look good for him, if he isn’t, it doesn’t look good for him OR the officer.)
 
For the arresting officer, the same types of advantage/disadvantage considerations apply. As soon as he made the arrest, he was in a position to receive considerable positive publicity, (which would have enhanced his opportunities to receive a promotion). However, if the evidence ultimately showed that he didn’t follow proper protocol, or that he unjustly arrested Mr. Masino, his opportunities for promotion would have been supplanted by an opportunity to experience unemployment benefits. Given the arresting officer’s dismissal for “an inappropriate on-the-job encounter with a woman”, (one can only wonder about the activity referred to in that vaguely worded statement) the latter scenario seems much more likely.
 
For elected officials and all other visible members of government, personal conduct should be strongly guided by recognition of the no-win scenario that evolves in the event of a citation or arrest. And for members of the court of public opinion, a rush to judgment should be tempered by recognition that visible members of government should be granted the same assumption of innocence as any citizen.