By Brian Bohl

This was the risk our local government took: bypass the legal system for a public relations ploy (also known as “The Wall of Shame”). By publishing the photos and names of people arrested for drunk driving, Nassau County Executive Thomas Suozzi and District Attorney Kathleen Rice had the right idea about deterring DUIs by blasting the suspect’s picture throughout cyberspace.

But by not waiting for the legal process to run its course, the premature punitive measures also had the potential to unfairly label an innocent person a drunk driver. As any law professor or libel-conscious editor will repeatedly tell you, arrests are not indictments. Additionally, indictments are not convictions.

For its failure to let defendants have their day in court, the penalty could mean a big financial hit to local taxpayers. Andrea Sangermano, a 50-year-old woman from Bellerose, was pulled over on Hempstead’s Franklin Street in late May. The police report said she crossed a double-yellow line, drove onto a sidewalk and hit two cars.

This type of erratic driving aroused reasonable suspicion by the Hempstead Village police that the cause was an intoxicated motorist. Yet suspicions still need to be confirmed by physical evidence and common sense. Sangermano told officials her poor driving was caused because of complications from diabetes.

As a Type 1 diabetic, I personally know that low or high blood sugar levels can cause complications that lead to accidents. It’s not fair to expect officers to immediately pinpoint a health problem as the reason for an accident. Sangermano told officers of her condition and her breath test revealed a blood-alcohol level of .00 percent. Those numbers should have at least prompted an immediate call to her doctor and caused officials to delay in putting her mug shot and information on the Internet and into the police database.

Suozzi said the goal of the “Wall of Shame” is to deter more drunken drivers who do not want to be humiliated in front of family and friends and suffer professional embarrassment. Those are all noble aspirations. It still doesn’t excuse or explain the reason why Sangermano needed to be labeled a drunken driver before the facts were examined.

“I was proven guilty before I was innocent. Seriously, I did nothing wrong,” Sangermano said at a Mineola news conference. “You don’t do that to a person until you know the facts.”

Since a guilty verdict or plea becomes part of the public record anyway for most cases involving adults, it is perfectly reasonable to publish the names and faces of those who are convicted of driving drunk. Too many innocent men, women and children have been killed or injured because of the poor and selfish decisions of individuals who drive when they shouldn’t. Those individuals deserve public ridicule and embarrassment for recklessly endangering themselves and others.

But why not wait for the facts to be presented and both sides heard? If 900 people on a list won’t stop all cases of drunk driving, what was the rush to add one more before performing due diligence on a reasonable claim of a medical condition? Though the mistake rate is low, it won’t be the last time a sober person is arrested for drunk driving.

Suozzi spokeswoman Jennifer Kim said in a statement, “We hope that this…will restore her good name. This is the first time this has happened and we are terribly sorry to Ms. Sangermano.”

An apology might not be enough, as Sangermano will most likely sue and will be justified in doing so. Ethical considerations might not have altered the county’s policy on publishing the names of suspects, though the threat of paying out more money in future lawsuits could provide the necessary incentive to revisit the idea.

It’s easy to overlook other parts of the cases when injustices are committed. While Sangermano won’t face charges, she still drove on a sidewalk, hit two cars and veered into oncoming traffic. When you know you are a diabetic, it is important to make sure your blood sugar levels are neither too high nor too low.

I know from experience that I am responsible for examining my condition before operating a motor vehicle. It won’t matter to a victim’s family if the cause of a driving accident is a DUI or a hypoglycemia-induced haze. Living with a disease is not a license to crash without any type of consequence.

But that is just a side commentary. Sangermano is within her rights to sue for defamation of character and libel. It also could be the singular event that changes the “Wall of Shame’s” criteria.

Another unforeseen medical condition or unique circumstance could arise that will force the issue to be reexamined again. Punishment before trial undercuts our country’s basic legal principles. Suozzi and other county officials have said that any defendant who is acquitted or has his or her case dismissed will have the picture removed from the wall. By that point, the damage will have already been done, and a quiet public apology will not suffice.

Upon being acquitted of fraud charges, former Secretary of Labor Ray Donovan once asked, “Which office do I go to to get my reputation back?” It’s the same question Sangermano is entitled to ask. And others will follow if the current policy isn’t changed.

Brian Bohl is a master’s candidate for journalism. You may e-mail him at [email protected].