It's a case of citizen participation

There's an unspoken journalism custom, and a pretty dumb one at that, that a newspaper avoids acknowledging stories which have been exclusively developed and reported by a competitor.

That's why you haven't read much in the Daily News about allegations that over the years, Philadelphia police intentionally downgraded thousands of sex crimes to less serious offenses to make city crime statistics appear more favorable.

For months now, Inquirer reporters Mark Fazlollah, Craig McCoy and Robert Moran have reported a pattern over the past two decades in which police deliberately dumped sexual assault cases and dropped investigations to minimize the incidence of serious crime.

The practice predated the arrival of Police Commissioner John Timoney, who has, however, responded aggressively with a shake-up in the sex crimes unit - and this week, with an extraordinary measure designed to restore public confidence in the department's handling of sex crime investigations.

Timoney has invited women's organizations to review those sexual assault cases which the department determines don't merit prosecution; if they disagree with the decision, then Timoney said he'll personally review the case himself and make the final disposition.

"Where we make a case unfounded or say it's not a rape, then we'll sit down with the women's groups and let them look at our disposition and review the case folder to see what steps were taken by detectives and if they think other steps should have been taken.

"My sense is, they'll agree. But on those cases where they disagree, I will personally review those cases.

"It's very unusual that you get a police commissioner to review a case, but I'm willing to do that to regain public confidence in what we're doing here," Timoney said.

Timoney said "the vast majority" of the department's sexual assault cases won't need to be reviewed, because they'll result in an arrest. It's only the cases the department decides not to prosecute that the women's advocates will evaluate, he said.

While law enforcement officials cited the oversight of women's groups as unprecedented, Timoney downplayed its significance. Women's organizations have been meeting regularly with police commanders over this controversy already, he said, and police have a similar relationship with child advocates regarding the disposition of sex crimes against children.

I was elated and slightly uneasy at the development - elated at Timoney's concern and uneasy that the civilian review might be seen as undermining police authority, and even that the bias women's organizations have in favor of victims might skew what should be an objective process.

I was reassured by Carol Tracy, head of the Women's Law Project, which - along with Women Organized Against Rape, the National Organization for Women and the Penn Women's Center - will participate in the oversight.

"I don't think we're biased," Tracy said.

"I think that we have a lot of experience and information about sexual assault. We have it from a legal perspective and we have it from a service perspective of people working with clients - men, women and children who've been assaulted.

"I think that what we will do is hopefully set an example of how interested-citizen participation can really work with a police department on something that is as complex and sensitive as sexual assault."

Rich Costello, head of the Fraternal Order of Police, has no problem with the involvement of women's organizations in the disposition of sexual assault cases.

"I don't think he [Timoney] can or would turn over the decision-making process to an outside group," Costello said, "but sharing information, seeking information and advice is something that doesn't pose a problem.

"The interaction between ourselves and the victims or groups representing the victims' interest is something we've always done."

Although Timoney said he believes much of the misclassification of sex crimes documented by the Inquirer was not deliberate, but a result of "carelessness and sloppiness and lack of case management," he says the articles had "a devastating effect on the confidence in the public."

Although he said the problem "absolutely" no longer exists, the public's suspicion and mistrust had to be addressed.

"You'd have to be a fool - even if there was only a problem of perception, you have to address it," he said.

And given the public policy impact the Inquirer stories have had, the Daily News has to violate custom and address them, too.

Nice work, guys.