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Duke Rape Case
Posted by: McQ on Tuesday, April 11, 2006

I've refrained from commenting on the accusations of a stripper that she was raped by members of the Duke lacrosse team during a party.

Sometimes it's just best to sit back and watch a story develop. And this story has developed along pretty predictable lines given the fact that the players were white and the 'victim' was black. So why am I using scare quotes around the word 'victim'?

Well if you've read the news today, you know why:
"No DNA from any young man tested was found anywhere on or about this woman," defense attorney Wade Smith said Monday. District Attorney Mike Nifong did not return calls for comment.

[...]

Authorities ordered 46 of the 47 players on Duke's lacrosse team to submit DNA samples to investigators. Because the woman said her attackers were white, the team's sole black player was not tested.
Now, let me clear about something. If in fact any of these players did what they are being accused of by this woman, I want them prosecuted to the full extent of the law. Full extent.

But it is becoming less and less clear that her accusations are credible, if you understand the extent to which DNA testing was used in this case:
Attorney Joe Cheshire, who represents one of the team's captains, said the report indicated that authorities took DNA samples from all over the alleged victim's body, including under her fingernails and from her possessions, such as her cellphone and clothes. "They swabbed about every place they could possibly swab from her in which there could be any DNA," he said.

Cheshire said that even if an attacker had used a condom, it's likely there would have been some DNA evidence found suggesting that an assault took place. He said that in this case, the report states that there was no DNA to indicate that the woman had had sex of any kind recently.

"The experts will tell you that if there was a condom used, they would still be able to pick up DNA, latex, lubricant and all other types of things to show that, and that's not here," Cheshire said.
So what's going on here? I can't speculate on the "victim's" motives for accusing the players on the Duke team of rape, when DNA evidence seems to clear them. But the fact remains, per reports, there is certainly some evidence of rape. It also seems probable that it may have occurred prior to the party with the lacrosse players?
Time-stamped photographs will show an exotic dancer was already injured and "very impaired" when she arrived at a party where she claims she was raped by members of Duke University's men's lacrosse team, an attorney for one of the players said Sunday.

Durham attorney Bill Thomas said some of the photographs, taken when she arrived at the house, indicate the woman was injured before getting to the party March 13. They show extensive bruises and scrapes on her legs, especially around the knees, he said.

"This young lady was substantially impaired. She had fallen several times during the course of the evening," Thomas said.
Something obviously happened, but where? What caused those injuries? If they were the a result of the "forced sex" reported, where did that forced sex take place?
District Attorney Mike Nifong, who was expected to return this week from an out-of-town conference and has not commented on the case in the past several days, has said previously he is confident a rape occurred. Court documents said a medical exam of the alleged victim found injuries consistent with sexual assault.

The victim has not returned repeated messages seeking comment, but her father said Sunday she hasn't changed her story.

"I expect them to say that," he said of the lawyers' contentions his daughter is lying.
Well given the DNA and the pictures, that's a reasonable assumption at this point, isn't it?

LaShawn Barber is really torqued about all of this and is asking if this woman is channeling Tawana Brawley?

There's a lot more to this story evidently. It will be interesting to see what we learn about the earlier event in which she apparently suffered the injuries which were documented on the pictures.
 
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Comments
I have followed this case with a strange fascination, that I can’t explain. I check for updates on Google numerous times throughout the day.

From the get-go things have not made sense to me.....from both sides.

ALLEGED VICTIM:

1) Why go back into the house?

2) Who made the initial 911 call about racist remarks?

3) Why make up this story?


ALLEGED PERPS:

1) Why were her nails, cell phone and other items found in the house and bathroom?

2) Why would you want a dancer, that was bruised and impaired when she arrived, to perform?

3) Who was the "confidential" source that turned the infamous email over to the police?

4) Why pretend to be basketball or football players?


I am puzzled by both sides. If they were wearing jackets, there wouldn’t be any DNA under her nails or scratches on them. Why didn’t any of them notice her nails and such in the bathroom and clean it up? If that was her money in the house, why was it there. We all know, most strippers will not leave their tips behind unless something bad has happened. From all accounts, she seems to have been beaten up. Who did it?

On the other hand: Why the hell would she go back to that house?

Someone needs to start focusing on what happened, before the party.

If she made this up, it is a tragedy and makes it just that much harder for rape victims to come forward and be believed.

 
Written By: Black Chick
URL: http://
Someone needs to start focusing on what happened, before the party.
That’s where I am on it. Given the pictures, something happened before she got there (bruises, etc). Where was she and what happened?

Secondly, she was apparently pretty inebriated when she showed up (and was apparently late as well). Was she at another party prior to this one? If so, where?
1) Why were her nails, cell phone and other items found in the house and bathroom?
I thought it was because she locked herself in the bathroom.
2) Why would you want a dancer, that was bruised and impaired when she arrived, to perform?
Because they’re guys and there wasn’t a readily available alternative. I know that sounds sexist, but, hey, that’s reality. And if they were drinking, then it’s even truer.
If they were wearing jackets, there wouldn’t be any DNA under her nails or scratches on them.
At the least there’d be fibers from the jacket under the fingernails (and they may have found those, but I haven’t seen that reported). But I doubt that someone fighting against a rape would confine their scratching to jackets. Seems to me you’d go for the face and eyes (or exposed skin somewhere). And that would provide definitive DNA evidence.
If she made this up, it is a tragedy and makes it just that much harder for rape victims to come forward and be believed.
Absolutely. I think the key to this lies in what happened prior to the party with the Duke lacrosse players that had her show up in an inebriated and bruised state.
 
Written By: McQ
URL: http://www.qando.net/
I don’t have time to look em up and link them, but it’s fascinating to see how the lefty feminist blogs are reacting to this story. I looked at Feministe, Feministing and Pandagon this morning. Even with the recent revelations, they’re still assuming the woman is telling the truth. Pandagon, I think, calls it a "remote" possibility that there was no rape. In any event, the Duke lacrosse players are simply called "rapists". No questions there.

I don’t know what the evidence will indicate, but apparently "feminism" means men are presumed guilty until proven innocent. And if there’s no corroborating evidence....F* em, anyway.
 
Written By: Jon Henke
URL: http://www.QandO.net
These are good questions, but I think answers can be given that are consistent with any number of scenarios, such as (1) actual rape occurred; (2) the woman was so intoxicated that she thinks a rape occurred, or has confused who perpetrated it; (3)the woman is mean and vindictive; (4) the kids are innocent; (5) the kids are nasty kids who still didn’t commit rape.

The thing I have a hard time getting past is that CNN reports the swabs didn’t reveal semen, latex, hair, lubricant, anything. I’m still watching this unfold, but it is awfully hard to explain this.

ALLEGED VICTIM:

1) Why go back into the house?

Because you’ve dealt with far worse in strip clubs, and there’s money to be made (my understanding is that the rape allegedly occured after she went back into the house). Or because these guys have cajoled you into it.

2) Who made the initial 911 call about racist remarks?

3) Why make up this story?

Because you’re a p*ssed off, inebriated woman who understands the power of a false rape accusation. And you hate Duke students to begin with, and they’ve been calling you some pretty awful names and been generally disrespectful. There really are people that bad and mean out there in the world. I’m not saying this is what occured there, but such a scenario isn’t impossible, or even difficult for me to imagine.

Alternatively, she got beat up prior to the party, and was so inebriated that she couldn’t really remember where/when that took place. As she begins to sober up, she "remembers" it occurring at her last gig. This is even less difficult to imagine for anyone who’s ever been on a serious bender.

Or, it wasn’t made up.


ALLEGED PERPS:

1) Why were her nails, cell phone and other items found in the house and bathroom?

To frame them? Or because she really was raped.

2) Why would you want a dancer, that was bruised and impaired when she arrived, to perform?

As McQ said, because they’re drunken college guys. Quite frankly, if being not impaired/coked up was a complete disqualifier for receiving a dance, strip clubs would be out of business.

3) Who was the "confidential" source that turned the infamous email over to the police?

Someone who obviously didn’t care much for the guy who wrote it. Quite frankly, it isn’t hard to imagine that guy having enemies. Alternatively, someone with a conscience.

4) Why pretend to be basketball or football players?

Because when push comes to shove they’re still 18-22 year olds who are pretty sheepish about hiring strippers. Or because you’re a bunch of drunken dipsh*ts. Or because you plan on raping them.

I am puzzled by both sides. If they were wearing jackets, there wouldn’t be any DNA under her nails or scratches on them. But there would be leather or whatever under her fingernails, and evidence of semen, latex, lubrication, etc., from where they swabbed. Why didn’t any of them notice her nails and such in the bathroom and clean it up? Because a rape didn’t occur, or because they didn’t think a drunken stripper would actually report the rape that did occur, or because they were too intoxicated to actually think about it until it was too late. If that was her money in the house, why was it there. We all know, most strippers will not leave their tips behind unless something bad has happened. Because she was so intoxicated she forgot, or because the atmosphere in there really was threatening, or because she was raped. From all accounts, she seems to have been beaten up. Who did it? Boyfriend/pimp/previous clients/the accused.

On the other hand: Why the hell would she go back to that house?

Someone needs to start focusing on what happened, before the party.

If she made this up, it is a tragedy and makes it just that much harder for rape victims to come forward and be believed. This is the absolute truth.
 
Written By: Sean
URL: http://www.myelectionanalysis.com
Ok I have a poor opinion of strippers, and those that hire them. She showed up drunk, and I KNOW DRUNK and prior to that she had fallen down ... more than a couple of times, AGAIN THIS IS FROM A MAN THAT KNOWS DRUNK. I’m thinking that’s how she got the bruises. She couldn’t dance, being too stoned or drunk to dance well...ok it’s not dancing, but you get the picture. The clients feel, justifiably, ripped off, having paid money for two strippers and they get nasty. Nasty as only drunken, horny guys can get. Ultimately the stripper claims rape, that’ll show those A$$Holes! It’s one theory and it fits the facts, as we know them now, better than the rape charges.

The worse villain in the piece, at least to me, is the Darn Coach! He QUIT!? Good job dude, good way to show you believe in your players. Good rapport and trust there. I hope that this episode doesn’t hurt your career afterwards. I mean his next players are sure goiong to know what he means when he says how much he respects their efforts, "Sure you do. And that’s why you bailed on your last team." It’s one thing to suspend judgement, to be cautious in your pronouncements, but it’s quite another to simply run away, cancel the season and generally act in a manner that throws one’s charges to the wolves. He might as well have said, "They DID IT!" And he HAD to have known that some of them COULDN’T have done it, being out-of-town...in fact he ought to have vouched for some of the time, or a portion of the team in general, saying, "I know that the TEAM couldn’t have done this, as good number of them weren’t on campus at the time."
 
Written By: Joe
URL: http://
The worse villain in the piece, at least to me, is the Darn Coach! He QUIT!? Good job dude, good way to show you believe in your players

Looks like they didn’t rape this girl (now she’ll get raped in court), but the team has a history of being a bit out of control, and he probably got out before they threw him out.

 
Written By: shark
URL: http://
Shark, good point, I guess it’s better to leave than be fired...He gets to take the "high ground" rather than be bounced out on his ear. Lacrosse, Rugby all those Hooligan sports, can’t someone discipline these people? Just kiddin’ Gotta a niece playing Rugby..Oi Vey what is the world coming to?
 
Written By: Joe
URL: http://
That’s it!

I’ll bet she was at another party prior to this one. At that party, the football players lied and said they were lacrosse players. She gets increasingly more drunk at this party, and the football players rape her. Confused, drunk and distressed, somehow she manages to make it to the next party, where the lacrosse players lie and say they’re football players!

The next day the victim’s recall is hazy; all she’s able to remember is that the rapists said they were lacrosse players.
 
Written By: RKN
URL: http://www.rknibbe.com/blo
Or RKN she just got really drunk at the club or at her last party, or really stoned, and was not capable of fulfilling her contratual obligations. It got nasty and the result was the rape charge.

We have two verions of the sex story, one fairly credible as its from the hospital-no axe to grind- that there was evidence of sex and assualt, but other evidence, less credible as it’s from the defense, that there was NO evidence of sex...

So did she have sex bofore she got there? I don’t know. Mayhap she had a GREAT time at the first gig and just couldn’t do it at the LaCrosse team gig, so like I keep saying it got nasty. But the rape thing is looking BAD, for the moment. Now if the Defense is LYING or if there is some other evidence that comes out, well OK I’ll revise. But right now it sure seems someone decided to teach those Uppity-A$$ White Boyz a lesson.

For a small price I could have advised her on any of a number of other ploys that might have achieved her desire for revenge, without facing the penalties of jail for filing a false report.
 
Written By: Joe
URL: http://
A very clear case of bigotry and rascism on the part of the MSM/DNC. I feel very sorry for the coach! Heads should roll at ABC,CBS,CNN,NBC,NYT,LAT...et al. But no one will be fired for this blatant MSM bigotrry.
 
Written By: JommacDougal
URL: http://
White lacrosse playing men + prestigious university / rape = X/civil suit

X = la vita dolce

(Pure speculation, obviously.)
 
Written By: PogueMahone
URL: http://
Next time the team should just go to a fine gentlemen’s club, or at least use a reputable service.

Going cheap is nothing but trouble
 
Written By: shark
URL: http://
Good point Shark, going cheap is nothing but trouble...I’ll have to mention that to my wife. "Dear had to go to the strip club. Invite’em over is just an invitation to trouble."
 
Written By: Joe
URL: http://
I find it very interesting that the one black player on the team was not tested. This is understandable if you assume that the girl is telling the truth. But she has serious credibility problems. Shouldn’t he now be tested? For all we know, he may have been the rapist and she may be engaging in the popular pasttime of race baiting. Something to think about! Out of fairness, they should *all* be tested.
 
Written By: Joe Williams
URL: http://
MSM prejudice once again. Whenever anything goes wrong it is either America’s fault or the "White Man". Here we have the MSM all attacking the "White man" from the get go. All whites are guilty, no need for evidence. LaSwan barber has it right on this one.
 
Written By: Rodney A Stanton
URL: http://
Having been in an unfortunant incident similar to this once, I think it likely they didn’t pay her and she got angry, but was too stoned to really know what whe was doing. Later, someone close to her who was a "racial worker" pushed her into claiming rape.
 
Written By: kyle N
URL: http://impudent.blognation.us/blog
More questions about the duke rape: It’s about time you consider she lied.

If these boys were so drunk and out of control with lust, why didn’t they ejaculate? Not even one ejaculated?

If condoms were used, where are they? Where’s the empty box? Where are the wrappers? If these boys didn’t clean up the nails, why would they dispose of the condom wrappers? Where is the spermicidal lubricant?

If the stripper was violated by three men, then where is her DNA? Why isn’t there vaginal fluid on the bathroom rug? If she was “dry” where is her urine and blood? She claimed to have been anally assaulted, then where is her fecal material or scat smears? If she was violently orally penetrated, then where is her saliva and tears? Are people claiming that this woman, in complete panic, was capable of inhuman vaginal and anal sphincter control that no fluids dripped out because she made sure to lick up and swallow all of her saliva, “precum”, and ejaculate? If the boys cleaned up all of her vaginal fluids, blood, saliva, urine, and tears, then why didn’t they get rid of the nails?

**** Why did she go to her former attorney for advice, when the DA publicly and adamantly believes and supports her claim? Why would a poor working mother of two pay to seek her own legal advice, when the DA is free?!!! ***

The forensic nurse said that she had injuries consistent to her story, which means that she recently had sex, but there’s no way a nurse would be able to determine when or if the sex was consensual or not, there is normal bruising with consensual sex.

Why wasn’t there skin, fibers, or hair under the stripper’s fake nails?

If she lied about the bruises on her body and how she got them, and she lied to her family about her being a stripper, could she be lying about the rape? alibi was one of the excuses to make a false claim. Was the stripper on probation? Would her probation be revoked if she was arrested for public intoxication and under the influence of drugs when police was called to the store parking lot because she wouldn’t get out of the car? How long is someone on probation for larceny and evading police?

If the second stripper didn’t her anything, why is the DA claiming that the “drunken frat boys” heard anything? If the crime didn’t happen, how could they hear anything?

Why are people willing to look at the arrest record of 15 members of the entire 47 member team for reasons why they might have done something, but not into the stripper’s arrest record for reasons why she made up the story.

The 911 caller about racial remarks identified a different house number, why is it being made to sound that it came from the lacrosse boys’ house?

FBI 8% false claims of rape is derived from cases that were admitted to be false by the person making the claim, the percentage of false claims are closer to 30%. Between 1980 to 2000 33% of "convicted" rapist were found to be the wrong person identified by the "victim". How does this fit into the 8% or 2% figure of false accusations?

District Attorney Mike Nifong fueled the fires which tore the Durham community apart. The Duke lacrosse team claimed that no crime was committed, pictures prove the stripper was bruised before arriving at the party, the second stripper’s story coincided with the boys’ account of events, yet Nifong led a pack of wolves straight to the Duke campus to destroy these boys.

Although DNA voluntarily given by the lacrosse team doesn’t match any DNA found on the stripper’s body or clothes, gang threats against white students have already resulted and racial divides are even more polarized than ever before. Nifong’s desire for the spotlight will ripple through the community for years to come. District Attorney Mike Nifong should resign.

 
Written By: Nice Guy
URL: http://
The FBI has made no such statement. In fact, the FBI does not even record "false" claims of rape.

According to this DOJ report:
The FBI does not separately track false reports; it tracks only the total number of unfounded reports. The category of "unfounded" consists of both baseless cases in which the elements of the crime were never met and false reports. In 1998, unfounded rape reports accounted for 8 percent of total reported rapes; however, this number is questionable. Some police officers incorrectly think that a rape report is unfounded or false if any of the following conditions apply:

* the victim has a prior relationship with the offender (including having previously been intimate with him);
* the victim used alcohol or drugs at the time of the assault;
* there is no visible evidence of injury;
* the victim delays disclosure to the police and/or others and does not undergo a rape medical exam; and/or
* the victim fails to immediately label her assault as rape and/or blames herself.
it’s funny because i came to this site actually looking for some of these figures. now that i’ve found them, i might as well set the record straight a bit.

as far as the 33% figure you quoted, i’d love to see where that’s from and what the context is. i just also looked up a 25% number (1996) that turned out to be that the FBI unvalidated 25% of rape identifications that were refered to them. the only identifications refered to them were ones already in question, not a general cross-section of rape convictions.

that’s like saying that because 25% of cases prosecuted with the testimony of crooked cops get overturned, it follows that 25% of all convictions are false. and that’s just absurd. (the figures in this paragraph are hypothetical, just to illustrate a point)

peace out
 
Written By: puck
URL: http://
FBI 8% false claims of rape is derived from cases that were admitted to be false by the person making the claim, the percentage of false claims are closer to 30%.

That is not true. 8% are unfounded ... but that is relative to what individual police officers see.


Between 1980 to 2000 33% of "convicted" rapist were found to be the wrong person identified by the "victim". How does this fit into the 8% or 2% figure of false accusations?

90 percent were because of misidentification ( http://www.nacdl.org/sl_docs.nsf/128c5235c02f2fdd85256be4005e62ce/d2fd524aeccd4e4985256bf3006b0743/$FILE/gross_exec_summ_041904.pdf ), and it wasn’t always the "victim" it was also witnessess because victims don’t always see the rapist well. Most of the murder exonerations from DNA were rape-murders and I hardly think dead women could lie; please don’t assume an exoneration based on DNA = false accusations. Especially when statistics say otherwise.


Whatsmore is the first round of DNA results on the Duke case were inconclusive, not "no match".
http://www.hendersondispatch.com/articles/2006/04/12/news/opinion/opin01.txt

According to one report of the pictures, they don’t appear to show nearly as much - nor rule out - as the defense initially claimed.

**I don’t have time to look em up and link them, but it’s fascinating to see how the lefty feminist blogs are reacting to this story. I looked at Feministe, Feministing and Pandagon this morning.**

Well, I can’t account for every person on each of those sites, but I lurk at two of those and post occasionally. I haven’t drawn any conclusions and if you were really reading in context, you may see more people are outraged at the handling of the case and what it means in a broader societal context. Mostly trolls come in trying to shift the discussion to how its always greedy/hateful/scorned women and not not agreeing makes you a person who thinks women don’t lie and are perfect and men are evil. Or something.
 
Written By: CW
URL: http://
I was surprise of how many false rape accusations have been made by several independent surveys reveal that 42% to approximately half of all accusations made are false. Most cases involve divorce battles involving the custody of children, some for revenge for withdraw of affection, monetary gains, an excuse for infidelity, or misidentification.

• According to the FBI, one of every 12 claims of rape filed in the United States are later deemed ’unfounded,’ meaning the case was closed because the alleged victim recanted or because investigators found no evidence of a crime.
• Howard County Police classified one out of every four rape allegations as unfounded in 1990-91.
• The National Association of Schoolmasters/Union of Women Teachers says around 600 teachers a year are falsely accused - a trebling since the 1989 Children’s Act.
• Citing a recent USA Today article, discussing the miracle of DNA and FBI studies of sexual assault suspects, DNA testing exonerated about 30% to 35% of the more than 4,000 sexual assault suspects on whom the FBI had conducted DNA testing over the past three years.
• Purdue sociologist Eugene J. Kanin, in over 40% of the cases reviewed, the complainants eventually admitted that no rape had occurred (Archives of Sexual Behavior, Vol. 23, No. 1, 1994).
• 1985 the Air Force conducted a study of 556 rape accusations. Over 25% of the accusers admitted, either just before they took a lie detector test or after they had failed it, that no rape occurred.
• 1996 Department of Justice Report, of the roughly 10,000 sexual assault cases analyzed with DNA evidence over the previous seven years, 2,000 excluded the primary suspect, and another 2,000 were inconclusive.
• Linda Fairstein, who heads the New York County District Attorney’s Sex Crimes Unit. Fairstein, the author of Sexual Violence: Our War Against Rape, says, "there are about 4,000 reports of rape each year in Manhattan. Of these, about 50% simply did not happen."
Craig Silverman, a former Colorado prosecutor known for his zealous prosecution of rapists during his 16-year career, says that false rape accusations occur with "scary frequency." As a regular commentator on the Bryant trial for It seems that every feminist wants thise stripper to have been raped because if she was, this is good as gold when political groups lobby the government for more money for women-only programs, but what feminist don’t want is to lime-light the problem of the flase accusations of rape that occurs more frequently that is known.


"According to one report of the pictures, they don’t appear to show nearly as much - nor rule out - as the defense initially claimed.

**I don’t have time to look em up and link them, but it’s fascinating to see how the lefty feminist blogs are reacting to this story. I looked at Feministe, Feministing and Pandagon this morning.**"


Thanks, I can’t wait to let them know about these things :)
 
Written By: Nice Guy
URL: http://
• According to the FBI, one of every 12 claims of rape filed in the United States are later deemed ’unfounded,’ meaning the case was closed because the alleged victim recanted or because investigators found no evidence of a crime.
• Howard County Police classified one out of every four rape allegations as unfounded in 1990-91.
• The National Association of Schoolmasters/Union of Women Teachers says around 600 teachers a year are falsely accused - a trebling since the 1989 Children’s Act.
• Citing a recent USA Today article, discussing the miracle of DNA and FBI studies of sexual assault suspects, DNA testing exonerated about 30% to 35% of the more than 4,000 sexual assault suspects on whom the FBI had conducted DNA testing over the past three years.
• Purdue sociologist Eugene J. Kanin, in over 40% of the cases reviewed, the complainants eventually admitted that no rape had occurred (Archives of Sexual Behavior, Vol. 23, No. 1, 1994).
• 1985 the Air Force conducted a study of 556 rape accusations. Over 25% of the accusers admitted, either just before they took a lie detector test or after they had failed it, that no rape occurred.
• 1996 Department of Justice Report, of the roughly 10,000 sexual assault cases analyzed with DNA evidence over the previous seven years, 2,000 excluded the primary suspect, and another 2,000 were inconclusive.
• Linda Fairstein, who heads the New York County District Attorney’s Sex Crimes Unit. Fairstein, the author of Sexual Violence: Our War Against Rape, says, "there are about 4,000 reports of rape each year in Manhattan. Of these, about 50% simply did not happen."
Craig Silverman, a former Colorado prosecutor known for his zealous prosecution of rapists during his 16-year career, says that false rape accusations occur with "scary frequency." As a regular commentator on the Bryant trial for It seems that every feminist wants thise stripper to have been raped because if she was, this is good as gold when political groups lobby the government for more money for women-only programs, but what feminist don’t want is to lime-light the problem of the flase accusations of rape that occurs more frequently that is known.
 
Written By: Nice Guy
URL: http://
Why did the players seek an African American Stripper? Do any of them have African American female friends that can speak about how they are treated by these young men? "She planed the whole thing." How hard would it be to make sure you had DNA evidence if you are pretty and around a bunch of horney young drinking young boys? Why are threats and racial remarks being made to the girls family and anyone that supports her. America land of the free?
 
Written By: J Lamb
URL: http://
Why did the players seek an African American Stripper?

Why do say that they specifically sought out a black stripper? According to what I’ve heard, the local area is blue-collar and 45% black. If you’re going to call an escort service for a couple of strippers, what would you suppose the odds would be as to black strippers showing up? Nevermind the fact that if you operated an Escort service and were to send strippers to a function involving dozens of males, who would you most likely send? A couple of petite white girls (in that business, they come at a premium price)? Or a couple of vetern ’strong black women’?? Btw, I’ve seen a picture of the accuser with face blurred out. Believe me, she wasn’t no amateur lightweight!

Do any of them have African American female friends that can speak about how they are treated by these young men?

Other than being a strange question, I do know that I’ve seen on MSNBC two girls of dark skin (afican american - i don’t know. have to ask them.) and they were supporting the two accused boys.

"She planed the whole thing." How hard would it be to make sure you had DNA evidence if you are pretty and around a bunch of horney young drinking young boys? Why are threats and racial remarks being made to the girls family and anyone that supports her. America land of the free?

I really don’t understand any of that part of your statement. I don’t know who is supposed to be "pretty" or anything about racial threats directed towards the accuser’s family. I’d be interested in knowing what you are refering to or where you derive that from??
 
Written By: Haywood Jablomi
URL: http://
Heard on the talk show Mad Max in the Morning that he had recieved and email from someone that said that the whole thing was made up. Supposedly, the girl had been raped by her boyfriend before the party. They even went as far as to say the the DA was in on it. Apparently, he’s up for reelection and wanted a big case to boost his campaign.
 
Written By: the man
URL: http://
MAYBE, just maybe - she was gang-raped before the party by her pimp and his dawgs? That’s not uncommon for someone in her position.
 
Written By: EAT-ME
URL: http://
I am a lawyer in a rural county in a rural state, and although most of my work these days is taken up practicing civil law, for the first 5 - 7 years I did a lot of criminal defense work.
Anyway, as a result of the demographics of my practice area, I have had the opportunity to defend clients charged with rather heinous and violent criminal acts, including rape, murder, etc.
Two observations:

1. whether this woman was raped or not, these young men are going to found not guilty if they go to trial — barring some unforeseen discovery by the police, the facts for the PA flat-out stink and most competent criminal defense attorneys will run him out of the courtroom on these — drunk, verge of being passed-out stripper with criminal record for car theft and tried to run over police officer who is smiling in photos taken as she is leaving the place — if the accusations are true, it’s tragic, but as a lawyer you work for the guy paying the bill, so she will be destroyed when she testifies. I had a similar case once where the alleged victim admitted during cross-examination at the preliminary hearing that prior to the "rape," by a college athlete — football player at a party, that she had stopped to pick up a six-pack to drink on the way to the party, she had drunk six -eight 16 ounce plastic cups half full of wine and had smoked a joint with one other person. She was a recent graduate (graduated two months after the alleged incident and had to fly in from Texas to testify) in Nursing and after leaving the "rape scene" in the early morning hours, instead of driving to the emergency room at the local hospital one mile from her former college dorm room, she drove for 3 hours to a hospital near her parent’s house. There was testimony from other partygoers — acquaintences of hers and who did not know my client — that she "fell asleep" for a little while after she smoked the pot. This poor girl even brought a squeeze ball to use while testifying to relieve stress (her psychologist had receommended it). Unfortunately for this young woman, the facts left me, as the young man’s lawyer, but to dig and berate, and ridicule and demean everything she had done and flat-out state that everything was inconsistent with her allegations — by the time we got to trial, she backed out on the first day and told the PA she would never testify about the rape again. My guy walked. He always told me he was innocent. You never really know, though.

2. I suppose the PA is running with this b/c he is facing an election in 2008, and this is a great time to start appealing to his voter base. The Duke students don’t vote there.

 
Written By: Kevin Duffy
URL: http://
Nice Guy, you’d well to take those statistics into context instead of copying and pasting them from Mens activism places where they only include the parts that support their hysteria—-err, I mean opinions.

For one,

http://www.ncjrs.gov/txtfiles/dnaevid.txt

Every year since 1989, in about 25 percent of the sexual assault cases referred to the FBI where results could be obtained (primarily by State and local law enforcement), the primary suspect has been excluded by forensic DNA testing.

...
It must be stressed that the sexual assault
referrals made to the FBI ordinarily involve cases
where (1) identity is at issue (there is no consent
defense), (2) the non-DNA evidence linking the
suspect to the crime is eyewitness identification,
(3) the suspects have been arrested or indicted
based on non-DNA evidence, and (4) the biological
evidence (sperm) has been recovered from a place
(vaginal/rectal/oral swabs or underwear) that makes
DNA results on the issue of identity virtually
dispositive.
 
Written By: CW
URL: http://
With the taste of his own foot still lingering in his mouth, District Attorney Mike Nifong has another piece of evidence blow up in his face, I wonder how’s his ulcer is doing?

So would it be his own aura or is it the universe’s way of getting back at Nifong for destroying these young boys lives?

It would be funny if Nifong’s ulcer leads to a colonoscopy, or would it be “ironic” or “poetic justice” that he screws 47 boys over a false rape claim and have to take a 36 inch colonoscopy tube up his @ss for his part in the fiasco he created.

They are innocent! The drunken black stripper with the long criminal record and history of making false accusations...lied.

• Stripper made a false claim of rape by three boys in 1996.
• Stripper made a false claim of kidnapping in 1998
• Stripper charged with larceny, auto theft, and trying to kill a police officer in 2002
• 1st round of DNA shows no link to the lacrosse team.
• 2nd round of DNA shows no link to the lacrosse team
• DNA proves stripper had sex with boyfriend/pimp which accounts for the “rape kit” evidence of recent sexual activity.
• Innocent boy who picked up finger nail and threw it in the trash left his DNA on the fake press-on nail and will be charged for rape.

The stripper’s account of the night has serious integrity issues:
1) First she claimed 20 boys raped her, then she narrowed it down to 3 in a bathroom

a. The bathroom is absolutely and completely devoid of any evidence of a rape. Where is her DNA? Urine, blood, vaginal fluid, saliva, or tears?
b. Many people’s DNA were found under her nails but none from the innocent lacrosse boys.
c. She lied about losing her fake finger nails in a desperate struggle in the small enclosed bathroom, but pictures show that she removed her nails before inadequately performing her routine. No scratches were found on any of the innocent lacrosse boys’ bodies.
d. The 2 innocent boys she “eeny meeny miney moed” to be her rapists weren’t even at the party the time she claimed the rape occurred. She claims that she’s 100% sure, but she told her father that she’s not sure.
e. She took drugs before coming to the house, something illegal.


The stripper obviously lied, and she’s putting these innocent boys and families through hell. She deserves to be in prison for the rest of her pathetic life. She is worthless as a person and human being. Her one lie destroyed innocent boys. I hope her and Nifong’s aura catches up to them and they both get what they deserve. I hope everyone wishing this rape claim to be true, in spite of all the evidence that it never occurred, gets what’s coming to them.



 
Written By: Betty Friedan
URL: http://
Just for you CW:

I was surprise of how many false rape accusations have been made by several independent surveys reveal that 42% to approximately half of all accusations made are false. Most cases involve divorce battles involving the custody of children, some for revenge for withdraw of affection, monetary gains, an excuse for infidelity, or misidentification.

• According to the FBI, one of every 12 claims of rape filed in the United States are later deemed ’unfounded,’ meaning the case was closed because the alleged victim recanted or because investigators found no evidence of a crime.
• Howard County Police classified one out of every four rape allegations as unfounded in 1990-91.
• The National Association of Schoolmasters/Union of Women Teachers says around 600 teachers a year are falsely accused - a trebling since the 1989 Children’s Act.
• Citing a recent USA Today article, discussing the miracle of DNA and FBI studies of sexual assault suspects, DNA testing exonerated about 30% to 35% of the more than 4,000 sexual assault suspects on whom the FBI had conducted DNA testing over the past three years.
• Purdue sociologist Eugene J. Kanin, in over 40% of the cases reviewed, the complainants eventually admitted that no rape had occurred (Archives of Sexual Behavior, Vol. 23, No. 1, 1994).
• 1985 the Air Force conducted a study of 556 rape accusations. Over 25% of the accusers admitted, either just before they took a lie detector test or after they had failed it, that no rape occurred.
• 1996 Department of Justice Report, of the roughly 10,000 sexual assault cases analyzed with DNA evidence over the previous seven years, 2,000 excluded the primary suspect, and another 2,000 were inconclusive.
• Linda Fairstein, who heads the New York County District Attorney’s Sex Crimes Unit. Fairstein, the author of Sexual Violence: Our War Against Rape, says, "there are about 4,000 reports of rape each year in Manhattan. Of these, about 50% simply did not happen."
• Craig Silverman, a former Colorado prosecutor known for his zealous prosecution of rapists during his 16-year career, says that false rape accusations occur with "scary frequency." As a regular commentator on the Bryant trial for Denver’s ABC affiliate, Silverman noted that "any honest veteran sex assault investigator will tell you that rape is one of the most falsely reported crimes." According to Silverman, a Denver sex-assault unit commander estimates that nearly 50% of all reported rape claims are false.


 
Written By: Betty Friedan
URL: http://
Evidence in the records released by the DA:

When investigators questioned the stripper after DNA tests on the semen found inside her vagina and rectum didn’t match any of the Duke players, the stripper admitted to having had sex with at least three men around the time of the alleged rape. The stripper named her boyfriend and two men who drove her to Duke.

• When questioned, the “drivers” said they would drop her off at several places, including hotel rooms.

The parents of the boys should sue the stripper and the stripper’s parents, then turn the debt over to collectors to hound them for the rest of their lives. The stripper should end up in jail for a couple of decades, and the DA’s office and the city of Durham should pay all defense fees and damages done to each lacrosse player.
 
Written By: Betty Friedan
URL: http://
Duke Lacrosse Rape Accuser Mentioned No Condoms Were Used
It seems the defense keeps finding more to support their side of things, with each new piece of information they get. Now from that stack of 1,300 papers, they have discovered that the stripper accuser mentioned no condoms were used. No condoms and…
The stripper’s body was completely void of any sign of a sexual assault (except for signs of recent vaginal and anal from her boyfriend). The alleged crime scene was completely devoid of DNA.

It is impossible that a crime scene with three drunk men in a small enclosed room with a fighting and clawing woman being orally, virginally, and anally penetrated not leave any DNA evidence of urine, blood, vaginal fluid, sweat, fecal matter, scat smears, saliva, tears, or semen... especially if condoms were used. How would they take off the condoms during all this chaos without spilling, smearing, or touching the content inside or outside of the condom?

When investigators questioned the stripper after DNA tests on the semen found inside her vagina and rectum didn’t match any of the Duke players, the stripper admitted to having had sex with at least three men around the time of the alleged rape. The stripper named her boyfriend and two men who drove her to Duke.


When questioned, the “drivers” said they would drop her off at several places, including hotel rooms.

It appears that the stripper has sex with men for rides to her strip shows…Nasty!
 
Written By: Betty Friedan
URL: http://
No-case Nifong


Once again District Attorney Mike Nifong has been shown to be an arrogant individual who apparently cares more about publicity and getting votes than he does about seeing that justice is served. If we the public are getting the right information from the press and the defense attorneys, Nifong does not have a case.

It appears to me that Nifong erroneously opened his mouth in an irresponsible manner initially in order to obtain votes and is now too arrogant and egotistical to admit his mistake. So he has chosen to continue with a case that as it stands now would render a not guilty verdict by any impartial jury. I only hope that if this case goes to trial that the jury is not made up of people who are out to get the "well-to-do white boys from the north."

Nifong’s conduct does not say much for our justice system here in Durham and/or for his qualifications for the DA position. Too bad that all Durham registered voters did not have the option of voting on the DA position. No, I have not predetermined that these boys are not guilty but, if Nifong has no more than has been evident so far, I also could not beyond any reasonable doubt say they are guilty. I will say that many things concerning this matter stink and I pray that the real truth comes out at some point.


R. DEWEESE
 
Written By: Betty Friedan
URL: http://
Many prominent folks in Durham supported the candidacy of Mike Nifong for district attorney, none more distinguished than law professor Robinson Everett. His column of May 12, "Try a lie detector test for alleged victim" is sage advice. Given the accuser’s troubled history of crying "rape," according to law enforcement officials, one might reasonably ask why Nifong did not administer such a test when she first made these allegations some two months ago. The job of prosecutor is not just to seek indictments; it is to seek justice. The suggestion that the accuser be given a lie detector test is not just good advice, it is an exit strategy for a prosecutor whose case now appears to be hopelessly lost.

GRAHAM MARLETTE
 
Written By: Betty Friedan
URL: http://
Comparing LAX case to that of Scottsboro Nine


I am a college instructor who teaches criminal justice and a criminal defense attorney. In my entire career I have never seen such a bizarre and unfair case as the one against three Duke lacrosse players.

I teach a class about a similar case in American history, the Scottsboro Nine. In March 1931, a group of nine black teen-agers was charged with rape on incredibly flimsy evidence in Scottsboro, Ala. The nine were originally charged with the rape of two white women. Even after one woman testified that she lied about the rape, the nine teens continued to face rape charges and the threat of death by execution.

In the Scottsboro case, the two women were part-time prostitutes, but that didn’t matter, nor did it matter that at least one of the boys was known to be physically unable to have sex, and two of the boys were only 13. Like Durham, the real issue was race.

In Scottsboro, nine young men were wrongly charged and condemned because they were black, and today the Duke lacrosse players have, in my opinion, been wrongly charged and condemned because they are white and the alleged victim is black.

The one constant with respect to the two cases is racism. I often ask my students if it possible for blacks to discriminate against whites in the same type of mindless ignorance as the KKK or the way the mob went after the Scottsboro Nine. The answer I receive is yes, and my students point to Durham as proof.


JOSEPH R. GUTHEINZ JR
 
Written By: Betty Friedan
URL: http://
Unfortunately, that was not the end of Nifong’s lies. He told Newsweek that it would be likely that toxicology tests would show that Mangum had been given an alleged "date rape" drug (supposedly by the lacrosse players), which was responsible for her condition. However, neither the police nor Nifong had ordered any toxicology tests. In other words, Nifong made a claim to Newsweek that he had to have known on its face was a lie.
(Someone I respect very much has known Nifong for many years and says that he is not dishonest, but rather has backed himself into a corner. This was a "damned-if-you-do-damned-if-you-don’t" situation, he tells me. While that might be true, Nifong also has done enough things that strain his credibility.)
Lest I let Nifong off with just telling a few whoppers, there is even more. On the day after the alleged attack, police came to the house where the party was held and the occupants, including Evans, showed police around, retrieved material for them and even went to the station and spent three hours talking to police without attorneys being present. Soon afterward, Nifong publicly claimed that the lacrosse players were "putting up a blue wall of silence" and were purposely covering up a "crime." Moreover, he threatened to charge the other players with "accessory to kidnapping, assault, and rape" charges unless they came forward.
Shortly thereafter, Nifong hinted to the press that at least one player was willing to turn state’s evidence. He based his claim upon an email that allegedly one player had sent to his teammates. However, it turned out that the email was a fraud, and, according to the attorneys who represent the players, the fake email almost surely had been concocted by the police. So, we have Nifong implicated in another falsehood.
William L. Anderson, Ph.D.
Frostburg State University in Maryland
 
Written By: Betty Friedan
URL: http://
Blind to evidence
On Monday, May 15, a Durham County grand jury handed up a third indictment in the nothing-short-of-notorious Duke rape case. This latest indictment charges the lacrosse team’s captain, David Evans, with first-degree rape, first-degree sexual assault, and first-degree kidnapping.
The charges against Evans are identical to those handed up last month against fellow players Reade Seligmann and Collin Finnerty. Still, this final indictment does come as a bit of surprise. As I detailed in a prior column, the cases against Seligmann and Finnerty appear quite weak. As I’ll discuss in this column, the case against Evans may be even shakier. It’s true that the grand jury did return indictments against Evans, and previously against the other two. It’s also true that the District Attorney, Mike Nifong, is forging ahead — seemingly undeterred.
But Nifong’s judgment has been poor all along- and the old adage that a D.A. can get a grand jury to "indict a ham sandwich" shouldn’t be forgotten. Without defense attorneys there to test the prosecutor’s evidence via the invaluable process of cross-examination, weak evidence can be made to look pretty convincing. It’s not the grand jury’s fault; it’s just the reality that if you only hear one side, you tend to believe it.
At least a ham sandwich has some weight to it. As I’ll explain in this column, the Evans indictment - like the two that preceded it - does not. The very evidence that may have convinced the grand jury - accuser identification and new DNA evidence - is just the kind that will ultimately fall apart when defense attorneys finally do get to cross-examine the witnesses presenting it.
 
Written By: Betty Friedan
URL: http://
The Mounting Evidence in Favor of Defendants’ Innocence
All three defendants in the Duke lacrosse case have unfailingly and repeatedly proclaimed their innocence - Evans doing so most eloquently, on behalf of all three men, in a brief public comment following his being formally charged.
In fact, in a highly unusual move, newly indicted defendant Evans went to so far as to volunteer to take a lie detector test at the direction of law enforcement. When the D.A. refused, Evans enlisted a top polygrapher to administer the test anyway. He passed.
Thus far, the defense camp has come forward with a host of seemingly reliable, exculpatory evidence -evidence that will be admissible in court, and that is likely to sway a jury. I’m not talking about, maybe, kinda, sorta, or could be, exculpatory evidence either. I’m talking about weighty evidence - receipts, photos, phone records, alibi witnesses, an absence of DNA, and now actual DNA - that directly supports the defendants’ claims of innocence.
A plethora of proof supporting a defendant’s claim of innocence - not just the government’s failure to carry its burden of proof beyond a reasonable doubt — is a rare pearl in the practice of criminal defense. It should cause the D.A. to reassess his case.
 
Written By: Betty Friedan
URL: http://
The Problems with the Accuser’s "Identification" of Evans
In my prior columns, I discussed the problems with evidence against Seligmann - who has strong evidence supporting an alibi - and, to a lesser extent, against Finnerty. The evidence against Evans is also weak, maybe even more so.
Evans reportedly was not initially indicted, with the other two, because the accuser couldn’t identify him with certainty (only with "90 percent certainty," in her words) from a photo lineup. Ten percent doubt sounds like a lot like reasonable doubt to me - and perhaps, at least initially, it sounded that way to D.A. Nifong too. And if the accuser herself has reasonable doubt, how can a prosecution go forward?
The accuser’s lack of certainty is even more worrisome in light of the fact that the photo lineup was grossly biased. It included only Duke lacrosse players - meaning that the accuser had no choice but to select a Duke lacrosse player if she were to select anyone at all. And this photo lineup was apparently the sole means of identification for all three defendants.
Finally, and perhaps most disturbingly, the accuser is reported to have said that Evans’s photo "looks just like [one of my assailants] without the mustache." According to Evans’s defense lawyer, Evans has never worn a mustache. And party photos support this contention.
For all these reasons, the accuser’s identification testimony is likely to be destroyed upon cross-examination.
 
Written By: Betty Friedan
URL: http://
The Problems with the New DNA Evidence
Besides the accuser’s testimony, prosecutors also presented to the grand jury the results of a second round of DNA testing.
Readers may recall that the first round of DNA testing was, if anything, exculpatory: There was no DNA match whatsoever linking any of the forty-six lacrosse players whose DNA was taken, to the accuser.
Following those results, D.A. Nifong reportedly hired a private lab to re-test certain samples. In so doing, the new lab found a possible connection between defendant Evans and the accuser’s discarded fake fingernail, found in the trash bin inside the bathroom.
To begin, it’s awfully odd that the fake fingernail found its way into the trash bin in the first place, if a rape really occurred, and if the fake fingernail broke off during the victim’s struggle, as she claims. No victim would clean up after her accusers; she would flee the scene. And if a culprit had the presence of mind to clean up — realizing that the fake fingernail might be evidence against him — surely he wouldn’t just drop it in the trash can in the very room where the rape occurred, for police to easily find.
Significantly, too, defense attorneys claim the DNA material was found on the front of the nail — not on the underside, where it would logically have lodged had the accuser scratched and clawed at her attackers as she claims.
But even putting these points aside, the DNA connection to Evans is weak. To begin, this isn’t remotely close to the kind of "match" you may be familiar with from CSI - the kind where the odds of a false positive are infinitesimally small. Indeed, "match" here is a misnomer. All that can be said is that the DNA is "consistent" with DNA voluntarily supplied early on by Evans.
Shocking? Hardly. Evans lived in the house, and therefore may have, from time to time, blown his nose, swabbed an ear, or otherwise disposed of DNA-laden waste into that very trashcan.
Moreover, it was reportedly Evans himself who fished the fake nail from the garbage, voluntarily handing it over to police and maybe, just maybe, shedding some skin cells in the process.
As for direct evidence of sex, there is none; none from any of the forty lacrosse players, that is.
While the second round of DNA testing proved that semen was found inside the accusers vaginal cavity, spokespersons close to the defense are confident the source of the semen is the accuser’s own boyfriend.
In sum, after cross-examination, there is little, if any, chance that a jury will give weight to this DNA evidence. It clashes with the accuser’s own story, and it’s as fully consistent with Evans’s innocence as it is with his guilt.
 
Written By: Betty Friedan
URL: http://
The D.A.’s Unusual Hostility to Even Viewing Defense Evidence
Defense lawyers have repeatedly implored District Attorney Nifong to meet with them and to examine the evidence that favors the defendants. But Nifong has said no - with an attitude that boils down to, "Talk to the hand."
That’s unusual. More often than not, prosecutors are quite open to exchanging - or at least being entertained by - the defense’s evidence. After all, it provides them with a valuable preview of what the defense’s case may ultimately look like in court. Prosecutors are legally required to turn over certain evidence to the defense, but no obligation runs the other way. And since the defense goes second, prosecutors may not be able to effectively counter defense "surprises."
For prosecutors, meeting with the defense is thus typically a win-win situation: If they are convinced to drop the case, then that’s embarrassing - but far less than as a loss at trial would have been. If they aren’t convinced to drop the case, they’ve gotten a precious new edge at trial. And either way, both the reality and appearance of fairness to the defendants are enhanced.
Giving a defendant a lie detector test, in contrast, isn’t a win-win situation: It may hurt prosecutors’ case if the results are released to the public. (Lie detector results are rarely - if ever - admissible in court.) But at the same time, a lie detector test - while risky, and far from perfect - is likely to get prosecutors closer to the truth, which is supposed to be what they are after.
As noted above, in this case, Evans claims Nifong refused to give Evans a lie detector test. (He ultimately took one himself, and passed.) In my professional experience, a prosecutor’s refusing to administer a lie detector test to a defendant is nearly unheard-of. The defendant’s answers - and the lie detector’s response to them - may provide the prosecutor with a road map to what his vulnerabilities on the stand may be.
Just as meeting with the defense previews the defense case for prosecutors, administering a lie detector can preview the defendant’s testimony, as well as his on-the-stand demeanor, showing prosecutors what kind of a witness he will be. (Confident? Nervous? Shifty? Solid?)
I can’t help but believe that, were any of these defendants to assert that they had proof that a crime was indeed committed, this district attorney would be all ears. Suppose, for instance, that Seligmann or Evans were to turn on Finnerty, to try to save themselves - surely Nifong would happily hear them out. So how can the prosecutor justify, then, turning a blind eye to evidence of any of the accused’s innocence?
 
Written By: Betty Friedan
URL: http://
If There’s A Card Up the D.A.’s Sleeve, the Law Requires Him to Play It Soon
Some pundits have suggested that the only explanation for the District Attorney’s pressing on in the light of strong evidence that the defendants are innocent, is that he has a card up his sleeve. If so, then he needs to show that card, pronto.
The discovery statutes in North Carolina - as in most states - do not allow prosecutors to play "hide the ball." This is a judicial proceeding, not a magic show. So D.A. Nifong will have to reveal this evidence sometime before trial.
He ought to opt to reveal it right now - to give the defense a chance to counter it. When evidence suggesting innocence is as strong as it is in this case, it’s wrong to just let the case go to trial and "see what the jury says." These three young men’s live will be forever affected, even if they are acquitted. Even an arrest leaves a scar; the scar of trial is far deeper.
D.A. Nifong should listen to the defense, and should drop the case unless he has strong evidence supporting the accuser. Moreover, if he does have such evidence, he should show it to us now. The defendants have been forthcoming - especially Evans, who volunteered to, and then did, take a lie detector test. The prosecution should follow their example.
 
Written By: Betty Friedan
URL: http://
A Special Prosecutor In The Duke Rape Case?

Susan Estrich wants DA Mike Nifong to appoint a Special Prosecutor in the Duke lacrosse rape case. Ms. Estrich believes that Mike Nifong, is outmatched for Bob Bennett hired by the Duke team parents, and wants NC’s attorney general to hire Bennett’s equal to represent the state?
Why not hire Bennett’s equal to represent the state? Bringing in the top guns for a complicated case would be one thing, but bringing in the high-priced talent in order to attempt the transformation of a pig’s ear into a silk purse would be a waste of the taxpayer’s money.
Nifong claimed that a date rape drug was used but a discovery motion filed by the defense learned that there wasn’t any toxicology done. The question of a “line-up” that guaranteed a Duke lacrosse team member would be chosen. The absolute refusal of Nifong looking at exculpatory evidence of any kind, and he continues to ignore evidence that the crime never occurred.

There is no way three drunken men, inside an enclosed bathroom with a woman violently clawing and fighting would leave absolutely no DNA behind at the alleged crime scene. Where’s her tears, sweat, saliva, and other bodily fluids? If condoms were used, were are the condoms, wrappers, boxes or evidence of lubricant on or in the alleged victim? The scene described by the alleged victim is one of violence and chaos, yet even in the most calm and best of situation, anyone who has ever had sex with a condom knows that there is no way to remove a condom without touching DNA evidence from either yourself or partner.

Ms. Estrich states: "The price to date has been paid by the accuser, who has been called every name in the book".

Really? Some think that the defendants have paid a higher price. These boys had their names, photos, addresses, personal information attached to “gang rape” in the national media and internet, they had “wanted posters” posted all over their school and community, daily protests by many sexist and racist political groups identifying these boys and calling them gang rapists, Meanwhile, no mainstream media outlet that has published the accuser’s name, let alone called her a liar.

Ms. Estrich’s second point, “that the treatment of the accuser may chill other women from coming forward”

This depends on whether you think public opinion has turned because of brilliant defense maneuvering, or because of an embarrassingly weak case where evidence points to the accuser making false claim, and a DA who has a political agenda.

Ms. Estrich: “Let Nifong pick the prosecutor; if his handpicked choice believes there is no case, …then so be it.”
My guess is that Nifong will have no interest in appointing a special prosecutor prior to his election in November - in terms of Nifong’s job preservation, which seems to be his motivation here. Having a special prosecutor dismiss this over the summer will be even more politically embarrassing than having Nifong take responsibility for his own behavior.

Frankly, as best I extrapolate Ms. Estrich’s view, if the Duke Stripper replaces Tawana Brawley as the shorthand for false accuser, that will chill real rape victims who will fear that they will not be taken seriously. The only non-chilling outcome would be prosecutions and convictions, and that is not going to happen based on the evidence we’ve seen.
 
Written By: Betty Friedan
URL: http://
Police investigating the Duke University lacrosse team on rape allegations "omitted" notes from a second dancer at the party, who told authorities the alleged victim had been drinking, was acting "crazy" and that her colleague’s accusation was a "crock," a defense attorney said Thursday. In court documents filed Thursday, attorney Kirk Osborn said that Durham, North Carolina, police "intentionally, deliberately and/or recklessly omitted" information from a probable cause affidavit — information Osborn says would have persuaded the judge not to file felony charges against three of the players. The district attorney’s office did not return a call seeking comment.

http://lawdogbehindthebadge.blogspot.com/2006/06/latest-on-duke-rape-case.html

http://johninnorthcarolina.blogspot.com/2006/06/duke-lacrosse-how-da-and-some-police.html

http://moneyrunner.blogspot.com/2006/06/more-on-duke-rape-case-second-dancer.html
 
Written By: Betty Friedan
URL: http://
Just when you think this case couldn’t get any weaker, more information comes to light showing the complete incompetence of district attorney Mike Nifong.

The only thing left to make this case even weaker would be the accuser herself finally coming forward to admit that she lied about the whole thing, which would make it even harder for district attorney to win the case, but Mike Nifong would probably ignore that piece of evidence as well in his quest to maliciously prosecute these young men.
 
Written By: Betty Friedan
URL: http://
What’s wrong with Mike Nifong! Okay he made a mistake claiming these boys were guilty before any evidence came back supporting the claim, then he refuses to see compensatory evidence that proves these boys are innocent, instead, he’s attacking these boys on any level he can just to hurt them?

Nifong is no genius, and calling him a "jacka$$" would be an insult to all jacka$$es everywhere, but if integrity, morals, or ethics were on the SATs then his score would have been in the negatives.

A great place to view that unbiased facts is:

http://www.dukebasketballreport.com/ourcall/index.cgi?501
http://johninnorthcarolina.blogspot.com/2006/06/duke-lacrosse-newsweek-abandons.html

 
Written By: Betty Friedan
URL: http://
Funny story

I was on this ampoons and this woman was complaining of enduring the pains of oppression because she has to shave her pubes before riding her bike at the beach, and the stubble irritates her skin which is part of being forced to live in a patriarchal society.

I told Ms Kate if you don’t want to shave your thick pubes, then don’t! It’s as simple as that! Just comb a part in it to not confuse any birds trying to fly in and be done with it! Sheesh! You claiming an oppressive patriarchal society is forcing you to shave your pubes? You’re oppressing yourself!
 
Written By: Betty Friedan
URL: http://
http://sportsillustrated.cnn.com/2006/magazine/06/22/duke0626/index.html

http://msnbc.msn.com/id/13392547/site/newsweek/


It’s not fair that women can make and accusation that cause so much pain and destruction. Feminist have changed public policy to the point that denies the fair treatment of the accused in the courtroom.
 
Written By: Betty Friedan
URL: http://

 
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