“Countdown to Capture” highlights a hunt for a fugitive — but what happens if the suspect is brought to trial?
Podcasts are all the rage right now, and there may be no more popular genre than true crime podcasts. Starting with Serial — the podcast that focused on the alleged wrongful conviction of Maryland teenager Adnan Syed — and through the more recent Dirty John, millions of Americans have tuned in to listen weekly as podcast hosts attempt to unravel a mystery in real time.
This may have been the inspiration for the Newport Beach Police Department (NBPD) as they recently unveiled a podcast of their own: “Countdown to Capture.” Released in September, the six episode series focuses on the case of Peter Chadwick, a man who is suspected of murdering his wife in 2012. Chadwick initially pled not guilty to the charges against him, and made regular court appearances until 2014, when he disappeared. He has allegedly been on the run ever since. He apparently is a multimillionaire with access to large amounts of cash, and is currently at the top of the U.S. Marshals Service list of most wanted fugitives.
According to the NBPD, the goal of the podcast is to draw attention to the case and help capture Chadwick. But it raises serious questions about the ethics and legality of a government agency releasing a podcast about an active police investigation.
As a Los Angeles criminal defense attorney can explain, this type of podcast raises significant questions about whether it is ethical for a police department to be producing what is essentially entertainment about an active investigation. While the goal may be good — finding a person who is considered a fugitive — the format is less than ideal. This is different than simply asking the public for help in locating a fugitive; it is talking about an active, ongoing crime investigation as though it were a story in order to garner public interest and get help in finding Chadwick.
Beyond this issue, the use of a podcast brings up a constitutional question of whether Chadwick will ever be able to receive a fair trial if he is captured and prosecuted for this crime. The police have now produced a podcast where he is painted as the villain and the one and only suspect in the murder of his wife. This story has the potential to reach millions, and to taint the entire jury pool around Newport Beach. Will Chadwick be able to receive a fair trial under such circumstances? Most Los Angeles criminal defense attorneys would likely argue that he could not — and that such unusual tactics were unfairly prejudicial.
While this tactic might be novel, it may ultimately be harmful — to the goals of justice and due process. It is likely that if Chadwick is apprehended, his attorney will be able to file numerous legal challenges based on this podcast.
At the Chambers Law Firm, we aggressively advocate for our clients. We develop innovative arguments based on the facts of the case and California law, with the ultimate goal of achieving the best possible outcome for our clients. If you have been charged with a crime, contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
