Subscribe to RSSMRGO trial ends quietly: is this a harbinger of journalism cutbacks?
MRGO photo by Lake Pontchartrain Basin Foundation
Stephen Colbert recently deadpanned, “If a tree falls in the forest and no one hears it, my illegal logging operation is successful!”
I was reminded of this sardonic quote by the strangely quiet conclusion of the trial based on the landmark lawsuit brought against the US Army Corps of Engineers by six survivors of Hurricane Katrina for negligent operation of the Mississippi River Gulf-Outlet (MRGO).
The plaintiffs allege that operating a disastrously conceived and maintained channel caused deaths and property loss throughout Louisiana’s St. Bernard Parish, the lower Ninth ward and eastern New Orleans. At issue is whether the tragedy was caused by human error that could have been foreseen and prevented, or an exceptional act of Mother Nature.
Thursday morning on May 14 I cranked up my little car and drove the familiar eighty three miles to downtown New Orleans. I wanted to be present on the historic final day of a trial with far more significance than the 1995 murder trial of OJ Simpson.
I approached a uniformed official outside of the Hale Boggs Federal Courthouse on Poydras to make sure that I had the right venue for the proceedings. He knew about the MRGO trial and the name of the judge so I assumed that the event would be packed. To my consternation the third floor courtroom was quieter than church on the Sunday after Easter.
After attending raucous meetings about closing MRGO for years I have become familiar with a crowd of folks who have used every opportunity to express their indignation with the corps for constructing the MRGO in the first place and for keeping it operational for over forty years, despite very little commercial use. In contrast, as I walked in and looked around I recognized only three faces, two of whom belonged to Dr. Ivor van Heerden, expert witness* and Cain Burdeau A/P reporter.
During a lunch break Cain and I shared thoughts about the trial and he acknowledged curiosity about being the sole reporter present (other than yours truly). Burdeau published a piece on the conclusion of the trial that was posted on the Washington Post web site later that day. Kathy Lohr, a reporter with National Public Radio (NPR), interviewed Ivor van Heerden, Mark Davis and Cecil Soileau by phone for a feature on the trial on the May 15 All Things Considered. Mark Schleifstein wrote a May 15 piece for the Times-Picayune from interviews with key participants in the trial.
Based on what I heard during several hours of cross examination, this trial closed after four weeks of what must have been excruciatingly technical testimony. Lack of interest on the final day may partly reflect this contrast with the OJ spectacle, with its 24 hour breathless cable news coverage. In addition, there was no jury and no pregnant pause of unpredictability waiting for a foreman to hand the judge the final decision. The critical trial outcome will be the sole decision of Judge Stanwood R. Duval Jr. (a political science major)!
A decision may not be forthcoming for weeks or even months, which may also explain the absence of stakeholders. At any rate as much as $100 billion is said to ride on the outcome.
Len Bahr
* Recently fired as deputy director of the LSU Hurricane Center in a highly cotroversial move.
** heu·ris·tic (hy -r s tk)
adj.
1. Of or relating to a usually speculative formulation serving as a guide in the investigation or solution of a problem: “The historian discovers the past by the judicious use of such a heuristic device as the ‘ideal type’” Karl J. Weintraub.
2. Of or constituting an educational method in which learning takes place through discoveries that result from investigations made by the student.
3. Computer Science Relating to or using a problem-solving technique in which the most appropriate solution of several found by alternative methods is selected at successive stages of a program for use in the next step of the program.
n.
1. A heuristic method or process.
2. heuristics (used with a sing. verb) The study and application of heuristic methods and processes.
[From Greek heuriskein, to find.]
heu·ris
ti·cal·ly adv. |
The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2003. Published by Houghton Mifflin Company. All rights reserved.
8 Comments
2009-06-07
17:15:09
Great post, Len. I can' t believe that the local newspapers didn't send anyone to cover the last day of the trial.
2009-05-16
23:28:52
From years of experience, there is really nothing like the lack of excitement that ends a Judge (as opposed to jury trial) based largely on highly technical expert testimony. The lack of fireworks is normal and perhaps a good thing. So few decisions which are ultimately important public policy are based on reason as opposed to media commentary spin. Here is one person hoping reason will prevail.
2009-05-16
18:15:42
You think I'm paranoid? You'talkin'ta ME???
http://www.youtube.com/watch?v=UdpEyxS0988
hehehe....
2009-05-16
18:07:27
Oh Len, hardly disappointed, never. Rude to the Corps? Oh yes, but I love your posts and you better know that. Alas... my apologies.
Ok, ok just because I'm paranoid... doesn't mean that the Corps ain't out there Marketing Risk over better Engineering. Can you say OPP?
In 20 minutes, Cain Burdeaux's articles are coast to coast and world-wide in no less than 100 different outlets on the internet. I mean, that boy has better spread than That matters. But that isn't the only reason I love Cain Burdeaux. He obviously cares for the Pelican State. But, now you say he is a Kiwi??? Oh Jeez Louie we love Kiwis! Really. Len, Editilla loves Everyone who loves Louisiana. We just want the names of the ones who cared so little when they built our failed levees. But Cain, who is obviously able, He just needs some mo'schoolin on Who to talk to about what down here...like You for example.
However, considering sources, Schleifstein out-wrote Burdeaux in Spades, and that without citing the Naked Emperor Titan. But unfortunately, Galloway gets the last word all across the country. Does he have a Rolodex tattooed on the inside of his skull? I'm tollin'ya, Len... Ely's coming...
Thank you again for pudding up wit'me.
Editilla
2009-05-16
17:56:46
Several hundred thousand people lost their homes - over 1,500 died. Just over two dozens showed up for Ivor in New Orleans.
…… Once I could not park inside a five star hotel in Canal Street. I had to go to the “overflow” areas. I was told, “Corps was giving a seminar on Katrina related contracts.” Go figure !
2009-05-16
16:24:18
Editilla-
1) I didn't say anything was over; what's that about?
2) I have not been following the trial although I understand its implications.
3) I'm not an attorney, hadn't ever seen or heard Judge Duval speak before Friday and I have no preconceptions about his views. My first impressions were positive, e.g., his apparent understanding of technical issues. I don't care if he was an art history major as long as he has a feeling for science and engineering. As for condescending bourgeois comments about the judge - to quote Keith Olberman, "WTF?"
4) Your personal issues with Cain Burdeau are between you and him. My interactions with him have been positive; he has never betrayed a confidence and (for a New Zeelander who has only lived here for eight years), he seems to have a pretty good grasp of the issues. His quote from Gerry Galloway was totally innocuous and I perceived no pro-corps bias. Don't be paranoid.
5) You have a long term personal investment in this trial about which I'm a novice but if I didn't care I wouldn't have spent eight hours, added 166 miles to my 11 year-old car, paid $15 bucks to park, and invested many more hours fighting with my primitive equipment to post a few personal impressions for folks who either didn't bother or couldn't be in the courtroom.
Sorry you were disappointed.
2009-05-16
15:05:12
Hi Len, buckle up.
To say "this is over" reminds me of hearing "New Orleans dodged the Bullet".
This is very very far from over.
The last day of trial the Ladder broke all records with over 1000 hits, which had been growing with our own copious coverage of this historic litigation. They may not have been there in the court room, but the people are watching.
While I am very glad you went to the last day of trial, it is better to know that Cain Burdeaux was there too. I gotta tiny little bone to pick wit'dat beuax. Is that where he spoke with Gerald Galloway for the last word in his article? Cain's article Missed the Bullet by allowing Gerald Galloway to mislead the subject of this trial as "accepting risk", the Corps/OPP marketing meme. I have a problem with that and hence could not post Cain's article on the Ladder. Cain can do Gerald Galloway's job of Marketing Risk, but not your oh'so humble Editilla. No way.
This was quiet. I was getting emails from readers about it.
Your framing of Judge Duval as an everyman PlySci Major really puts a flea up my bum. Len. I find it insulting, and your assessment of his "interest" in this case condescending bourgeois naivete. How in the world could you miss Duval's unbelievable dedication to the minutiae of facts in this case?
Judge Duval proved time and time again that he did not just walk through the door for "an entire month of testimony no doubt served as a crash course in geotechnical fine points." I have watched in awe as Judge Duval, developed this case over the past couple of years, despite the excruciating legal machinations of the last of the Bush Justice Dept Lawyers. Everyone seems to have missed that one: these were the last of the Bo'heekans... the Bush Justice Dept (in name only) defending the Corps of Engineers (in name only) for their failed Flood Control Structures (in name only). Poor Editilla is struck speechless that a scientist of your caliber and unimpeachable qualifications would leave such a hubristic heuristic judgment behind this striking reality of heroic proportions. Speechless!
The Irony of your seeing Dr. van Heerden and Cain Burdeaux strikes me as nearly Providential, when modeled by the "Competing Model" issue. That really is important. Dr. van Heerden represents one (now dismantled?) Modeling System. Do you know who is selling the other? Would you care to venture a Guess?
Finally, that $100 Billion is what is riding on the NEXT MR-GO trial, which very much rides on the disposition of This MR-GO trial. The actual money for Plaintiffs in This trial is under $2. Chump Change. But, Hell, I'll take whateva change we can get on the Exquisite Corps.
One peace at a time.
Thank you,
Editilla~New Orleans Ladder
2009-05-16
03:49:15
Len,
I share you surprise at the lack of news reporters at the last day of the MRGO trial but this may indeed be a preview of the future of news reporting. As you stated, "Cain Burdeau published a piece on the conclusion of the trial that was posted on the Washington Post Web site later that day."
The "cartoon generation" that apparently is running things has been instantly informed by the Web posting. End of story. In this case at least there was one professional news reporter there. In the foreseeable future, unless this Web-content-sharing is curtailed, there may come a day when significant public events such as this occur and nobody even takes notice because there will not be any professional journalists left. Because of the so-called free content there will be nobody to pay them, and besides the general public will be so saturated with Web site information of all description that they simply wont have the energy left to care one way or the other.
This super information-saturation is an unforeseen cost of technology of the information superhighway. Make it too easy and you get spammed out. Another case of progress outpacing human scale and capacity.
Walt