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Seitel
Fraser P. Seitel has been a communications consultant, author and teacher for 30 years. He may be reached directly at fraser@public relationsguru. com.

He is the author of the Prentice- Hall text The Practice of Public Relations, and co-author of Idea Wise.

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July 28, 2003
PR ADVICE FOR KOBE'S ACCUSER
 

Los Angeles attorney Gloria Allred represents Scott Peterson's massage therapist love interest, Amber Frey.

You've seen her - not Amber, Gloria! - particularly on cable television, where she pops up with much-criticized regularity around the dial. (This growing and disturbing phenomenon of lawyers-in love-with TV is fodder for another time.)


Kobe's PR assault began with this widely seen handout photo of Bryant and his wife at the ESPY awards. So where is his accuser?

But for now, suffice it to say that Ms. Allred appears, from her ubiquitous TV cameos, to be a sincere advocate for the rights of crime victims.

Last week, after the Orange County Register reported that the Colorado accuser in the Kobe Bryant case had recently been hospitalized after overdosing on pills, Ms. Allred was livid.

"It's outrageous that her friends are talking this way," the attorney complained to Geraldo Rivera on Fox. "There ought to be a ‘zone of privacy' to protect victims from this kind of hearsay before trial."

Ah, that it were possible.

But alas, Madam Counselor, in the year of our lord 2003, with 24/7 cable news networks, round-the-clock talk radio, and daily newspapers trying to out-Enquire the Enquirer --- a "zone of privacy" in a high profile court case is impossible.


Media favorites Condit, Stewart and Peterson

The fact is that just as Gary Condit passed the TV torch to Martha Stewart, who passed it to the aforementioned Peterson --- the case of Kobe vs. The American Idol Wannabe will get uglier and more intense as the summer progresses.

Count on it.

"But what can this woman, with limited means, do," correctly asks Ms. Allred, "to compete publicly with the resources of a millionaire superstar?"

Here's what I'd advise:

#1 - Start acting like an adult.

Bryant's accuser is 19 years old. She is not yet an "adult." (Believe me, I've had two of ‘em, so I know what I'm talking about!)

But… in accusing the NBA's biggest current meal ticket, she has now thrust herself into the national spotlight.

There are satellite trucks and obnoxious reporters camped outside her parents' home. Her picture and identity are well known on the Internet and soon, inevitably, will be on the airwaves and in the newspapers.

While her court date -- if, in fact, it gets that far -- is months away, her "media trial" has already begun.

So she better start acting grown up in a hurry.

What that means specifically is she must become more circumspect about her conduct in public. Her "friends" are eager to claim their 15 minutes in the spotlight, so she has to be extra careful where she goes, how she acts, and what she says. (Why do you think Kobe has been off the radar screen since his press conference?)

Last week, several of her charming chums revealed to the willing cameras that the young woman had appeared at a post-Kobe party and chatted animatedly about the Bryant anatomy.

If it's true - which it may or may not be - then it's bad for her case. And the lesson is that from here on in, the accuser must consider herself a public figure who, like any other in the media glare, must never let down her guard.
Her advisors must advise her, "You are now always on stage, so act like an adult."

# 2 Tighten your circle
of advisors/supporters/friends.

The accuser is evidently surrounded by entirely too many people who claim to know what she's doing, how she's feeling, and what she's saying.

And to paraphrase the old ditty, the kids in Eagle are panting like a beagle when they sense the TV spot.
In other words, they are ready and eager to audition for "Star Search" with tawdry tales about their embattled "friend."

So the accuser needs to close the loop, and rely only on those she most trusts - her parents, a select few true friends, and, most especially, Eagle County District Attorney Mark Hurlbert.

#3 - Enlist supporters as spokespeople.

The mantra of the talking head lawyers is, "This woman should just keep herself and her friends quiet. They can only ruin her case."

Wrong.

That's the same legal advice Martha Stewart followed. On her attorneys' advice, Martha's hasn't uttered one live word since her legal troubles began more than a year ago. As a consequence, she has lost, in rapid succession, one-half billion dollars of stock market wealth, her corporate title, and her reputation.

So much for high priced legal advice.

It is axiomatic in public relations that "Silence grants the point."


Teammate and coach defend Kobe

If you say, "No comment," we believe you are "guilty."
So just as the Bryant team has already begun to enlist teammates, coaches, ex-girlfriends, and the like to speak out for his character, so, too, should the accuser use her supporters to verbally match up against the Shaquille O'Neals and Phil Jacksons.

Obviously, the accuser can't afford too many more "supporters" who speak about suicide attempts, pill overdoses and anatomical discussions. Rather, she ought to trust DA Hurlbert - ideally with public relations counsel -- to direct the "character counter attack."

Last week, the judge in the case prohibited lawyers and clients from speaking publicly. But that doesn't mean the woman's supporters can't talk. Contrary to the advice of the legal gasbags who counsel silence -- the people she trusts, who believe in her story, should be encouraged to hit the cable circuit to convey her position.

Stated another way, silence from the accuser's side will provide the Bryant team with an open court to influence the public, ultimately including potential jurors.

#4 - Rebut the most egregious falsehoods.


Greatest legacy
is the 'war room'

The best thing James Carville ever did for public relations -- no, not inventing the term, "spin" -- was creating the Bill Clinton "War Room" in the 1992 presidential campaign, to quickly rebut the charges emanating from the opposition.

Since then, smart politicians, companies, and litigants have acted quickly to head off accusations about them that the media love to forward.

In this case, Kobe's accuser should use her surrogates to dispute the most damning allegations that, once uttered, immediately get picked up by cable TV, talk radio, and every newspaper south of The New York Times and Washington Post.

For example, if the reports about her Kobe anatomy remarks or suicide attempts are bogus, surrogates should be dispatched to dispute them. In the court of public opinion, it's important to act quickly before an allegation becomes a "media fact."

Admittedly, all of these suggestions may run counter to what lawyers might counsel. But the likelihood is that this case may never make it to court. Moreover, in such a high profile crisis, as Gary Condit and Martha Stewart have been the latest to learn, sometimes the worst thing you can do is listen to lawyers for public relations advice.

 
Archive of PR Commentary
 
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Tell O'Dwyer's what you think
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Responses:
 

Aida Mayo, president, MAYO Communications, Argentine Lawyer (8/07):
Both sides, despite the large or small budgets are going about it the obvious way.

The problem: Viewers are little more smarter than they were in the old strategic communications: Step do this
step 2 do that, and step three don't step on yourself as the door slams in your face.

Try doing something out of the box:
Play forward (not agreesive) on a fundraising basketball team and game
to benefit the local battered women's center or Rape Crisis Center hotline.

The victim: Fire Gloria Allread. The last time I heard she told us she only
handled labor and emplyee arbitration.
Since then she's taken on everything from the Cuban boy wanting to be with his Daddy (Florida story) to the girlfriend of accused murderer Peterson.

Gloria is out of the box, but she should
mind her own biz, and concentrate on her
expertise, which the last time I check was law.

Paul J. Wetzel APR Boston (7/28):
I disagree with Mr. Seitel's advice that the victim in this case needs to be more agressive with a media program.

First, the analogy to Congressman Condit and Martha Stewart isn't valid. Both were suspects in criminal cases (Ms. Stewart, obviously, since indicted). This young woman is a victim.

Condit and Stewart both relied on public support for their livelihoods. She needed customers/viewers and he needed votes. This victim does not need the support of all America to lead her life.

With a gag order imposed, she cannot rely on the DA to speak for her, although he is her principal ally. Her friends and erstwhile friends are all teenagers and hardly capable of dealing with the likes of O'Reilly, Rivera, Sustern etc. on a nightly basis. (They proved this already).

Right now the trial, if held, will be in Eagle, Colorado, with a jury of her neighbors. Their opinion is the one that counts. Even a change of venue will only move it elsewhere in Colorado.

I think she may be better off not reading the papers or watching the television and working at recovering from the incident in question.

Down the road she can sue a variety of media organizations for defamation, since she is not a public person. By going public, or having her parents or other surrogates do so, she might jopardize this status. (There are reports that Mrs. Condit has already received millions in settlements with tabloids and has other cases pending).

It would be interesting to see some of these media prove information they broadcast from spurious sources or teenegrs seeking the spotlight.

Been there, done that... (7/28):
It's interesting that Mr. Seitel and others see this -- a (possible) crime, with all its elements: physical and psychological pain, personal and financial loss, ruined reputations, years of unwanted publicity, months or trials, and more -- as primarily a "PR battle."

No wonder then that "jury selection" and "jury nullification" are all the rage in celebrity trials, and I guess PR people are just feeding the wolf, right?

Sigh (7/28):
You can see the tide shifting in Kobe's favor and I'm sure a lot of that has to do with his better PR and superstar friends backing him. It's unfortunate, but as Fraser Seitel points out, it is reality now.

PR gamer (7/28):
What ever happened to the court of law? It's almost like a bizzare cable TV-fueled PR dream ever since OJ.


 

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