Already, it's beginning to look and sound like a tragedy.

        On Tuesday, Cincinnati's highest-ranking African-American police officer turned himself in to face criminal charges.

        A grand jury indicted him on four counts, alleging he lied to police when he reported that he did not know how his department-issued car was damaged, and that he tampered with evidence by having the vehicle repaired.

        Col. Twitty's attorney, Sharon Zealey, handled his opening lines. She said her client is innocent and will not plea bargain.

        “My client will not plead guilty to anything he didn't commit,” she said.

        A brave declaration, considering that if Col. Twitty is found guilty of just one of the two felonies he faces (the other two charges are misdemeanors), he could receive one to five years in jail.

Reasonable doubt

        Even without possible jail time, a conviction on even one charge could destroy his career and wipe out years of public respect and goodwill. To say nothing of the shame and embarrassment his supporters would face.

        But let's not try to predict the final act based on a few opening declarations. It's too soon to tell if reasonable doubt will evaporate at trial or whether it will linger into the jury room.

        Hamilton County Prosecutor Mike Allen has declined to publicly discuss the prosecution's evidence. He did, however, tell reporters that he presented to the grand jury evidence and witness testimony provided by the defense.

        It was a shrewd ploy, designed to demonstrate confidence in his case; even the defense's best evidence can't overcome it, he implies.

        But that doesn't guarantee a slam-dunk prosecution.

        Grand juries don't have to weigh evidence “beyond a reasonable doubt;” they merely weigh whether the evidence is enough to merit a trial.

        We don't know, for instance, whether Mr. Allen presented physical evidence and/or eyewitnesses to prove another scenario, that an accident involving Col. Twitty and the police car occurred.

        But if he had, then the prosecution's case is a strong one, because it wouldn't just prove Col. Twitty lied, it also would present the jury with a substantive story to counter the official story that Col. Twitty, a veteran officer, has sworn to in his police report.

        By contrast, if all Mr. Allen showed the grand jury was evidence and testimony that merely questions Col. Twitty's account, then that's a weaker case. Combine that with experts interpreting the damage to the vehicle and you have enough for an indictment, but not necessarily enough for a conviction.

Disproving a lie

        To this observer, a prosecution based solely on disproving a lie is not enough.

        That's doubly true when considering that the defendant is a cop who, until now, has maintained a clean record.

        The prosecution needs something more to overcome reasonable doubt, something indicating that investigators have uncovered the truth about what happened to that car and caught Col. Twitty red-handed.

        Ms. Zealey says the prosecution doesn't have that, that her witnesses will contradict the scenario she believes Mr. Allen plans to present.

        Mr. Allen won't comment on a scenario, saying the indictment speaks for itself.

        Meanwhile, as many in the Tristate rush to take sides, I'm cautioning people to calmly await the final act, which likely will be written by a jury.

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

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