The Downside of Doing The Factor

To watch "The Memo" click here.

Hi, I'm Bill O'Reilly. Thank you for watching us tonight.

The downside of doing The Factor, that is the subject of this evening's "Talking Points" memo.

In the beginning, almost six years ago, about 50 percent of the people we asked to appear on this broadcast turned us down. Now we get about 80 percent of the people we go after because The Factor is so widely seen.

But there are still some newsmakers that will not appear.  You know the names, Jesse Jackson, John Ashcroft, Hillary Clinton, and the like -- people who simply do not want to answer straightforward questions about their behavior.

Sometimes that gets frustrating, even though we can do the stories without the principals.

Talking Points was the first media outlet to raise ethical questions about attorney John Pozza, for example, the man who got accused killer Alejandro Avila acquitted on child molestation charges two years ago. I said that counselor Pozza had some explaining to do because he knew Avila had failed a lie detector test in the case, and he, Pozza, fabricated a scenario that the two 9-year-old girls that accused Avila had been coerced by adults to do so.

(UNINTELLIGIBLE) absolutely no evidence of that. But Pozza grilled the little girls on the stand anyway, confusing them and casting doubt in the minds of the jury.

Now, I wanted to ask Pozza about those things, but he declined our invitation. However, last night he appeared on a competing program where he knew the interviewer would be sympathetic. Does this make me angry again? Frustrated is a better word.

But it is a free country, and media people can do what they want, even if they do stoop to pandering.

Now, I read the transcript of that interview this morning, and two things punched me in the stomach. Here's the first one.

"Interviewer: Did you believe your client didn't do it at the time?

"Pozza: I cannot say whether or not I believed his guilt or innocence. And really, I am not a finder of the facts.

"Interviewer: When you learned he was arrested in the Runnion murder, first feelings?

"Pozza: I could not believe that Avila had the capacity to do what he was arrested for."

What? This is disingenuous. If Pozza knew that Avila failed the lie detector test, and if he knew that there was a good chance he did molest the little girls, why would Pozza be surprised by the arrest? It is perfectly in context.

Child advocate Marc Klaas then asked Pozza a question the interviewer would not.

"Klaas: By confusing 9-year-old girls, a guilty man went free and a beautiful little girl is dead. That's the problem with your argument.

"Pozza: A guilty man did not go free. A jury came back and acquitted Mr. Avila."

There it is. In the world that counselor Pozza lives in, there is no guilt if the jury doesn't convict. The fact, again, the fact that Avila was arrested for murdering Samantha is not relevant to Pozza. His world does not include such realities.

Once again, we don't have a justice system that seeks the truth in this country, we have a giant board game here where the smartest lawyer usually wins. We have a system whereby money can buy a clever defense, where 9-year-old victims don't stand a chance against fabricated stories by a self-righteous defense attorney.

Chew on that, Mr. Pozza. You can run, but you can't hide.

And that's "The Memo."

The Most Ridiculous Item of the Day

Time now for the "Most Ridiculous Item of the Day."

I think I owe basketball player Allen Iverson an apology. I hammered him a couple of weeks ago for being arrested on a gun charge. Among other things, now that gun deal has been dropped by prosecutors. Only two minor charges remain. So, in the interest of fairness, it was ridiculous for me to point the gun -- pardon me -- the finger at Mr. Iverson. Sorry about that.

— You can watch Bill O'Reilly's Talking Points and "Most Ridiculous Item" weeknights at 8 & 11p.m. ET on the Fox News Channel. Send your comments to: oreilly@foxnews.com