In the wake of former Utah House Majority Leader Kevin Garn's

confession about his "mistake" about getting into a hot tub

naked with a 15-year-old girl 25 years ago, the public has also

learned about another questionable decision, this one at the Deseret

News eight years ago.

In 2002, Cheryl Maher came forward to a Deseret News reporter to tell him a profile like this one of then-Congressional candidate Garn didn't provide the whole story.

She had been the focus of Garn's attention,

advances, and eventually the hot-tub incident. Garn had been Maher's

Sunday School teacher and boss. Although Deseret News reporter Jerry

Spangler was suspicious about Maher, indicating she was "flaky," a News

report said Garn showed up in the Deseret News office admitting his deed. Here's what the story says:

"

'It was the week before the election,' Spangler said. He remembers

writing a draft of a story about the incident with Bob Bernick, the

political editor, and inviting Garn to comment. He also remembers that

Maher was hesitant to give many details and seemed 'flaky.' He and

Bernick said Garn came into the Deseret News offices and met with them

and several editors. 'I remember him crying,' and confessing what

happened, Spangler said. But by then it was nearly the weekend before

the election. Spangler said editor-in-chief at the time, John Hughes,

and managing editor Rick Hall chose not to run the story".

Both Hall and Hughes now don't recall the meeting.

In an interview this week, Hughes said in hindsight it was the

wrong decision. While he doesn't remember the decision, Hughes said he

can understand what might have gone into it. The primary election was a

week away.

As often happens in campaigns, 11th-hour accusations can

unfairly swing elections. After Garn lost the primary, editors decided

the story was moot.

Did the Deseret News act ethically in not running the story before the primary election?

No, Garn's mistake was of such gravity that it

should have been reported. Others will argue that such accusations

should not be shared with the public so close to an election. They

would say there needs to more time for the truth to rise before an

election is swung. A most recent example is Utah legislators' criticism

of the media handling of the Rep. Greg

Hughes' ethics investigation (which some say was hatched as an 11th-hour election smear campaign).

At least one lawmaker labeled the Hughes coverage "scurrilous

journalism" during talks about changing an ethics investigation system

during the recent legislative session.

There is a difference here.

Garn

had confessed to editors. The newspaper had an obligation not just to

its readers, but to the electorate at large to tell what reporters and

editors knew. In this case, the newspaper failed its test in public

trust.

Even those who may

argue that the Deseret News was justified in its initial decision in

2002, surely they can't support the News' inaction in the subsequent

years as Garn was reelected to the Utah House, again rose to House

leadership and became a leading advocate for ethics reform. Of course,

by then, the source had gone silent because she had been given what

amounts to hush money, but even then the News had an obligation to

follow up on the story. It wasn't until the waning days of the recent

Utah Legislative session, Maher and her story re-emerged. Questions

from the Salt Lake Tribune prompted Garn's ill-timed and ill-placed

confession on the House floor. Here's the Trib's version of events.

Garn tendered his resignation Saturday.

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The Deseret News allowed reporter Lee Davidson to gather and report what happened.

Hall said he was hands-off with the story. Should anything else happen? Yes,

this case should invite dialog about how the balance privacy and the public's right to know.

As the last section of the Society of Professional Journalists Code of Ethics says,

  • "Journalists are accountable to their readers, listeners, viewers and each other. Journalists should: Clarify and explain news coverage and invite dialogue with the public over journalistic conduct.
  • Encourage the public to voice grievances against the news media.
  • Admit mistakes and correct them promptly.
  • Expose unethical practices of journalists and the news media.
  • Abide by the same high standards to which they hold others."
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