Like a good defense argument at trial, the statement went far toward creating a shadow of a doubt about the accusations themselves.

        The statement by attorney Sharon Zealey does what a good defense argument should.

        It paints an early picture of her client's innocence, saying he doesn't know how the car was damaged but reported it like any law-abiding citizen would, not realizing the report would later be used against him.

        Ms. Zealey also points out, with glaring simplicity, the holes in the prosecution's case. How does one drive away from so serious an accident on a flat tire and not damage the rim?

        And she steps back to let her client do just enough talking to show his human side, to elicit sympathy for the toll that being accused is taking on him.

Lt. Col. Twitty

        To be sure, there is no judge here. No courtroom or sworn-in jury. No one to take the stand and swear to tell the truth. It's only a press statement.

        But it has primed the pot for a potential jury pool. And it has bolstered the resolve of Lt. Col. Twitty's supporters. Just picture the line of character witnesses if this case ever saw a courtroom.

        The written statement also gives Mayor Charlie Luken a strong reason do the politically expedient thing, if not the right thing, and consider reinstating Lt. Col. Twitty while the investigation continues.

        But Ms. Zealey's press statement still leaves me with a few nagging misgivings.

Nagging issues

        My concerns may not sway anyone in a jury box, and perhaps they shouldn't, but as an observer, I am bothered by something Ms. Zealey said and by what Lt. Col. Twitty hasn't said.

        Ms. Zealey responded to questions about whether Lt. Col. Twitty had been out drinking July 3, the night before the accident report. She said he was with some fellow police officers who are friends.

        But she didn't say whether he had been drinking — or whether he drove the car afterward. “One thing is clear: Sobriety is a nonissue,” she said.

        If that were true, it would be easier for me to support Officer Twitty without reservations.

        After all, decades of spotless police work and immeasurable amounts of community credibility have more than earned Lt. Col. Twitty the benefit of a doubt.

        If and how much Lt. Col. Twitty drank and if he drove afterward are key issues, not nonissues. Ms. Zealey won't discuss the details of that evening. And Lt. Col. Twitty has chosen to remain mum.

Not talking

        Which brings me to my other misgiving.

        Lt. Col. Twitty is normally an open and loquacious public speaker.

        Many consider that his strongest suit. He did his best work helping to calm the April 2001 unrest, frankly and calmly addressing police detractors and even his detractors.

        Since he was suspended, though, he has not spoken much in public.

        At a rally of supporters — a friendly audience, for sure — Mr. Twitty had his daughter read a statement decrying the “attack” on his career. He declined to attend.

        Even in the written statement last week, Lt. Col. Twitty praised God and thanked supporters in one paragraph. He has not answered reporters' questions directly or personally told his story.

        In court that's like taking the Fifth — it's his right not to incriminate himself.

        But outside of court, his job may well rest on public opinion, where silence is not a virtue.

        E-mail damos@enquirer.com or phone 768-8395.

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