This is one of those very few times that Alan Shore might find himself in exactly the situation I'm writing about. I'm sure some lawyer is going to, anyway.
The death of Declan Sullivan has hit the Notre Dame community rather hard, as you would expect. A young man in the prime of his life lost that life in an absolutely senseless and ridiculous circumstance. He was on a portable scissor-lift platform videotaping football practice during high winds. A gust measured at over 50 miles per hour knocked over the platform, and Sullivan fell over 30 feet to his death, landing on a paved road.
This entire situation is ugly and pointless, as you would expect the death of a 20-year-old to be. Questions about who put him in such a dangerous situation will be asked and answered over the course of the various investigations into the accident. No doubt as some point there will be litigation on the matter, and even more and better answers may come out of that process.
The trouble with litigation, though, is oftentimes you get more answers than you really need or even want. That reality leads me to what will likely be an unpopular (and possibly illegal) opinion, but I'm going to write about it because not only is it something I would do were I a lawyer involved, I also think it's something Alan would do.
The only way this situation can get even more horrifying is if the video tape from that young man's machine becomes public property. Based on his well-publicized Twitter entry, he was filming for a good 20 minutes before the accident, and I would imagine the tape was running right up to (if not during) the wind gust that claimed his life. Even if the video does not contain the plummet to his death (which I would hope to God it does not), no doubt any audio on the tape would capture exclamations or other expressions of the fear he endured up on that platform in the minutes prior.
So what would I do if I were in ND's athletic or legal departments? If the fall didn't do it, I would ensure whatever video was captured by that camera was destroyed beyond recovery immediately. If the fall didn't do it, some combination of a hammer or magnet or scissors in my hand would.
Yes, the video may be considered probative by whatever legal entitles hold sway, and such an action might result in punishment. No, it's not at all my intention to allow the people responsible for Sullivan's death to escape justice -- all I want, to paraphrase Sally Brown, is what they have coming to them.
But as I can tell you from experience, the probative value can be far outweighed by the damage it may do to Declan's family. And that damage can last a long time. Four years ago, my aunt was killed in an automobile crash, and the knowledge that she saw the other car coming and reacted to it still haunts me to this day. It's one thing to wonder about the last moments of your loved one's life. It's quite another to have them thrown into sharp relief via a deposition or People's exhibit A, especially when the person likely can be convicted without it.
Yes, they'd probably throw me (or Alan or whoever else) in jail. But it'd be worth it to spare the Sullivan family a modicum more of pain than what they're probably already experiencing. As the father of two kids, I can't fathom having to bury one of them, and wouldn't wish it on anyone. Let's not make it worse.
Do the smart thing, guys. If you haven't already.
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