Poison Penmanship: The Gentle Art of Muckraking
afternoon News (7/26/57) was first to draw attention to the physical resemblance between the two men, running pictures of them taken in identical poses.
    Messinger’s very protestations of innocence became sinisterly Abbott-like:
“ ‘I hope someone saw me. I sure hope so. Because I didn’t do it’ ... “To newsmen his words sounded strangely like those spoken a year ago by Burton W. Abbott ... and his cry of ‘frame-up’ is the same as that put forth by Abbott and his attorneys ...”
    Pointing out that under California’s Little Lindburgh Law Messinger could also get the death penalty, the News continues with this apparent non-sequiter: “Stephanie was 14 when Abbott killed her. The student nurse Messinger is charged with attacking is 19”.
    The Call-Bulletin for the same afternoon played it from a slightly different angle, featuring an exclusive interview with Messinger in which he expressed fear he might “become another Abbott”.
    The morning papers quickly followed suit: “... like Abbott, he was calm and detached in expressing himself” ( Examiner , 7/27/57). “Messinger’s appearance and mien have been compared to that of Abbott” ( Chronicle , 7/30/57).
    In the days that followed, news coverage of the case might be compared with the rising strains of a huge orchestra, swelling from crescendo to crescendo, through which, however, occasional dissonant notes could be heard implying doubt of Messinger’s guilt.
    Often, it would have required a very thorough newspaper reader to discern these notes of dissonance. Thus, the News, Examiner and Chronicle built up Messinger in headlines as having a “police record of sex crimes”.
    The Chronicle (8/2/57) noted “three sex crimes on his police record”. The Examiner (7/26/57) reported “Parolee Served Time in Quentin for Assault”. Only those who read to the end of the news stories learned that the sole jail sentence served by Messinger had been for forgery, and that the only sex offense for which he had ever been convicted (and for which he was given probation) was that of statutory rape, at the age of 17.
    Under California law, statutory rape is an act of intercourse with a girl under 18 years old, with her consent. By definition it does not imply violence, and is not an assault. Probation is granted when authorities deem the offense to be technical in nature, and in the absence of aggravating circumstances.
    “Queer” and “sinister” aspects of Messinger’s personality received major attention. An Examiner interviewer (7/28/57) asked, “ ‘What about girls he had dated?’ Would any of them come to his aid now?’ For a few minutes he became tense, almost agitated. ‘I don’t want to drag any girl into this case’ ...”
    His living quarters were reported to be “amazingly clean, and without the usual small items a man would have around”. ( Examiner , 7/26/57) Here was evidently the very opposite of the all-American boy, the lovable bachelor living in a glorious mess among his untidy masculine belongings!
    The suspect’s repeated declarations of innocence, his efforts to establish an alibi, even his expressed desire to take a lie detector test quickly earned him the label in newspapers of “con-wise”.
    His protestations that he in no way fitted the published description of the assailant—he was too short (5’ 6”), had straight teeth and a pale complexion—got scant notice.
    The real “personality angle” came after police invited reporters to listen to some taped recordings which figure in Messinger’s alibi. Messinger claimed he was at home making the recordings, consisting of poetry and philosophical essays, at the time the crime was committed.
    The News (7/29/57) voiced the opinion that the “philosophical discourse made it clear that he considers himself above the law ...” and as proof, quoted from Messinger’s essay: “ ‘The only law is the law of self respect. Observe that.’ ”
    Going one better, the Examiner

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