Duke Lacrosse Team: Rape Allegations
Wednesday, April 05, 2006
I really want to get your opinion on something.
What do you think about the Duke Univerity Lacrosse team members’ rape allegations? Completely scandalous if you ask me.
The rape allegations against these team members have stirred the campus and the city of Durham, raising racial tension and heightened the long-standing animosity that exists between the privileged students at the elite university and the poorer people of Durham.
Sidebar:
Did you know that when they hired the strippers that they SPECIFICALLY requested black girls?
Now what’s up with that?
Anyway, the stripper/exotic dancer, a black female student at a nearby university in North Carolina, told police that on March 13, 2006, she was raped, sodomized, beaten and strangled at the party by three men in a bathroom. When the investigators went to the alleged crime scene (2 days later mind you) they found the victim's fingernails, cell phone, and make-up bag.
The accused say nothing happeded. They didn't touched her. If so, why is all her shit including her broken nails in your damn bathroom? The bastards didn't even try to clean it up!
Investigators are awaiting the results of DNA tests taken during the rape kit. All but one member of the lacrosse team submitted DNA samples. The one student that did not have to submit a sample was black and since the allegations are against white members of the team it was not necessary for him to be tested. According to a search warrant obtained, Durham police are interested in only three men.
District Attorney Mike Nifong stated that the circumstances of the rape indicated a deep racial motivation for some of the things that were done.
Latest Developments in the Story:
According to an email obtained during the search, a member of the team planned another party for the night after the incident. The e-mail was recovered during a search last week of a room in 2C Edens Dormitory on the Duke campus, according to a search warrant released Wednesday.
The e-mail reads as follows: "tommrow night, after tonights show, ive decided to have some strippers over to edens 2c. all are welcome. however, there will be no nudity. i plan on killing the (deleted) as soon as they walk in and proceding to cut their skin off while (deleted) in my duke issue spandex."
The e-mail, which had a time stamp of 1:58 a.m. on March 14, was signed "41."
Read more on that here!
WTF is that all about?
I also found out that Mike Pressler the lacrosse coach resigned Wednesday and that the president has cancelled the rest of the season in the middle of this escalating scandal. Now why do you suppose he resigned?
Nic's Take On It:
There is a culture of violence, gay bashing, and misogyny (hatred of or strong prejudice against women) within this elite lacrosse team.
Women of all races are afraid to walk the campus at Duke. That's a damn shame!
This is VERY much a “class” issue, otherwise there would NOT be 11 lawyers representing the accused. Not 2 or 3, but 11.
This lacrosse unit has been in trouble in the past for urinating on people’s houses, public drunkenness, showing up to class drunk (without reprimand), and community disturbances. Absolutely ridiculous behavior.
Every member of the men's lacrosse team knows who was involved, whether it was gang rape or not and they will not talk. I think its GREAT that they cancelled the rest of the season. That’s the least that these players deserve. No, I’m not saying that they are all responsible for the rape (if its true), but they are guilty of obstruction and aiding and abating this crime.
Let's talk about the slander: Now all of a sudden, not only is the victim a stripper, but now they are trying to come up with that she has a criminal record, that she’s prostitute, etc. Well okay, lets for the sake of argument say that these things are true…WHAT THE FUCK DOES THAT HAVE TO DO WITH THE CRIME COMMITTED?
Oh what, since she’s a stripper she deserves to be raped? Bull fucking shit!
People have the nerve to say that she knew what she was going in the house for. I thought that she was hired to strip, not be gang raped!
No one and I mean NO ONE, deserves to be raped, sodomized, beaten, and strangled.
So what she’s a stripper. Many women strip while they are in college. She isn't the first and she won't be the last. I’m not saying that it’s right or wonderful or glamorous, but it’s an LEGAL means to make a lot of quick $$$$ in a short amount of time. I’ve had classmates that did it. So what! Who cares!
The entire thing is just sick!
What you know about it?
Additional Info:
Duke News and Communitations: Lacrosse Incident
Justice4twosisters.blogspot.com
What do you think about the Duke Univerity Lacrosse team members’ rape allegations? Completely scandalous if you ask me.
The rape allegations against these team members have stirred the campus and the city of Durham, raising racial tension and heightened the long-standing animosity that exists between the privileged students at the elite university and the poorer people of Durham.Sidebar:
Did you know that when they hired the strippers that they SPECIFICALLY requested black girls?
Now what’s up with that?
Anyway, the stripper/exotic dancer, a black female student at a nearby university in North Carolina, told police that on March 13, 2006, she was raped, sodomized, beaten and strangled at the party by three men in a bathroom. When the investigators went to the alleged crime scene (2 days later mind you) they found the victim's fingernails, cell phone, and make-up bag.The accused say nothing happeded. They didn't touched her. If so, why is all her shit including her broken nails in your damn bathroom? The bastards didn't even try to clean it up!
Investigators are awaiting the results of DNA tests taken during the rape kit. All but one member of the lacrosse team submitted DNA samples. The one student that did not have to submit a sample was black and since the allegations are against white members of the team it was not necessary for him to be tested. According to a search warrant obtained, Durham police are interested in only three men.
District Attorney Mike Nifong stated that the circumstances of the rape indicated a deep racial motivation for some of the things that were done.
Latest Developments in the Story:
According to an email obtained during the search, a member of the team planned another party for the night after the incident. The e-mail was recovered during a search last week of a room in 2C Edens Dormitory on the Duke campus, according to a search warrant released Wednesday.
The e-mail reads as follows: "tommrow night, after tonights show, ive decided to have some strippers over to edens 2c. all are welcome. however, there will be no nudity. i plan on killing the (deleted) as soon as they walk in and proceding to cut their skin off while (deleted) in my duke issue spandex."
The e-mail, which had a time stamp of 1:58 a.m. on March 14, was signed "41."
Read more on that here!
WTF is that all about?
I also found out that Mike Pressler the lacrosse coach resigned Wednesday and that the president has cancelled the rest of the season in the middle of this escalating scandal. Now why do you suppose he resigned?
Nic's Take On It:
There is a culture of violence, gay bashing, and misogyny (hatred of or strong prejudice against women) within this elite lacrosse team.
Women of all races are afraid to walk the campus at Duke. That's a damn shame!
This is VERY much a “class” issue, otherwise there would NOT be 11 lawyers representing the accused. Not 2 or 3, but 11.
This lacrosse unit has been in trouble in the past for urinating on people’s houses, public drunkenness, showing up to class drunk (without reprimand), and community disturbances. Absolutely ridiculous behavior.
Every member of the men's lacrosse team knows who was involved, whether it was gang rape or not and they will not talk. I think its GREAT that they cancelled the rest of the season. That’s the least that these players deserve. No, I’m not saying that they are all responsible for the rape (if its true), but they are guilty of obstruction and aiding and abating this crime.
Let's talk about the slander: Now all of a sudden, not only is the victim a stripper, but now they are trying to come up with that she has a criminal record, that she’s prostitute, etc. Well okay, lets for the sake of argument say that these things are true…WHAT THE FUCK DOES THAT HAVE TO DO WITH THE CRIME COMMITTED?
Oh what, since she’s a stripper she deserves to be raped? Bull fucking shit!
People have the nerve to say that she knew what she was going in the house for. I thought that she was hired to strip, not be gang raped!
No one and I mean NO ONE, deserves to be raped, sodomized, beaten, and strangled.
So what she’s a stripper. Many women strip while they are in college. She isn't the first and she won't be the last. I’m not saying that it’s right or wonderful or glamorous, but it’s an LEGAL means to make a lot of quick $$$$ in a short amount of time. I’ve had classmates that did it. So what! Who cares!
The entire thing is just sick!
What you know about it?
Additional Info:
Duke News and Communitations: Lacrosse Incident
Justice4twosisters.blogspot.com
This is Superstar Nic
"N" Search of Ecstasy and I'm out!
"If you see someone without a smile today, give them one of yours!"
posted by Superstar Nic at 11:01 PM, | 
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I've been following it. I think they did it i hope the DNA proves it but i hope more violence does not follows.
Hey Stone! How’ve you been?
Stone the people of that city are so angry about this. If those guys end up getting off on this, there is no telling what type of violent acts will ensue. I didn’t even think about that. You brought up a good point!
Stone the people of that city are so angry about this. If those guys end up getting off on this, there is no telling what type of violent acts will ensue. I didn’t even think about that. You brought up a good point!
Nic,
just to let you know that link about the Lacrosse Club -- that's not the Lacrosse team.
Two different entities, these dudes had nothing to do with anything.
check www.goduke.com for the varsity team...
just to let you know that link about the Lacrosse Club -- that's not the Lacrosse team.
Two different entities, these dudes had nothing to do with anything.
check www.goduke.com for the varsity team...
I have been following this story and I like you don't care if they were stripping, they had no right to rape them. I hope that if these guys did do this, they will pay for it. That is so sad that young folks have such racist attitudes. You can see folks acting like that 40-50 years ago,(because that was how it was) but today nobody should be acting like that.
What the hell is wrong with people? Did she need to be a librarian dropping off books in order for this to be wrong? Regardless of her profession, her past or her color THIS IS NOT ACCEPTABLE. I too believe this whole incident is utterly ridiculous and if 3 members of the Lacrosse team did this, they should be punished to the fullest extent. This is a very serious crime and there is absolutely no reason why this should have happened to this woman. I look forward to seeing justice served on this. I am glad to see the coach resign too. I saw an interview with him defending his team members. He is probably well aware of the behavior you mentioned about the team members (public drunkeness, community disturbances etc) and has realized that this time they have gone much too far. Well yes, whoever did this HAS gone too far and I fear that this story will become even messier than it already has. Thanks for posting on this, Nic!
The issue is that they are probably feeling that they can get around this if her record's put out there. If they show she has sex with people often, they can get off, right? HELL NAW.
Thanks for letting me know that Rell. Truly didn't know. I will remove that link later today, but no time right now. A girl gotta get to the job and make that money (smile)!
Thanks again!
Thanks again!
Being that the alleged victim attends my school (no I don't know her). I feel in the middle of the fence about the whole thing. I have seen the rally's and protests on campus and sad to say I wish it was over.
I don't think the whole team should be punished for a party that a few of the members threw...
I think that the people involved meant to do harm to the victim....
I also think that if it was a white chick from Duke who came to dance at a party thrown by a few members of our basketball team, someone/people would be locked up by now....
I think this was a crime...a hate crime to be exact....
Even tho' it's wrong, hate crimes happen all the time, 'pecially on college campuses. The only reason most people not in the area know about this is because Duke's lacrosse team cancelled their season.....
I don't know what to think about the coach quitting...but I know pressure had alot to do with it.
The fact that it's taking so long for this process to complete makes the area more upset and hype!
I just want them to do the testing find the right people involved, lock em up and stop talking about it...
I don't think the whole team should be punished for a party that a few of the members threw...
I think that the people involved meant to do harm to the victim....
I also think that if it was a white chick from Duke who came to dance at a party thrown by a few members of our basketball team, someone/people would be locked up by now....
I think this was a crime...a hate crime to be exact....
Even tho' it's wrong, hate crimes happen all the time, 'pecially on college campuses. The only reason most people not in the area know about this is because Duke's lacrosse team cancelled their season.....
I don't know what to think about the coach quitting...but I know pressure had alot to do with it.
The fact that it's taking so long for this process to complete makes the area more upset and hype!
I just want them to do the testing find the right people involved, lock em up and stop talking about it...
I belive the guys raped the stripper, and I don't like how the authorities are dragging their feet on this heinous crime. I am glad that the university has permanently suspended the lacrosse as some of those players are acting very cocking about the whole ordeal...
It's very disturbing to me. I believe they did it. And I hope they pay. Like someone else said, I don't care if she was stripping or what color her skin is, rape is rape and it's wrong.
My thought, my hope, is that the reason the police are taking so long is that they don't want to do anything wrong from a procedural standpoint that would ruin the case.
I think it's a good thing they are taking their time to get all the evidence just right, so they can hand it all over to the prosecutors for a locked-up case.
I mean, this is national news. It's very high profile. The police there have probably never, or rarely, been responsible for dealing with such a media heavy case. If I were in that police department, I'd be crossing every T and dotting every I....
hope they get those guys. This whole thing sickens me.
I think it's a good thing they are taking their time to get all the evidence just right, so they can hand it all over to the prosecutors for a locked-up case.
I mean, this is national news. It's very high profile. The police there have probably never, or rarely, been responsible for dealing with such a media heavy case. If I were in that police department, I'd be crossing every T and dotting every I....
hope they get those guys. This whole thing sickens me.
I know they did it...they just thought they could get away with it.....I wish this got more coverage than that friggin congresslady who forgot her name lapel....I mean she had Danny Glover and Jessy and all them supporting her, for what, she did was WRONG, and they got this poor girl despite her profession who was VIOLATED in the worst way and aint no celebrities RALLYING behind her.....
Someone posted this same story a few days ago. I think the reaction of the authorities was terrible!
how was the reaction of the authorities terrible?
These cats are gonna walk. Believe that.
KZ
KZ
@ Stiltwalker, if you have an opportunity, please check out www.thesmokinggun.com, where all the incident and police reports are. Even the neighbor across the street, that wished he had called the cops heard racial slurs being screamed at the women.
To Nic, I can't believe these bastards are sitting around, acting like some type of mythical creature floated into the house and violated these women, while they quietly sat in corners playing 'go fish' or something.
I don't care if these women crack whores, they didn't deserve to be violated. This is truly something I wouldn't wish on my worst enemy.
To Nic, I can't believe these bastards are sitting around, acting like some type of mythical creature floated into the house and violated these women, while they quietly sat in corners playing 'go fish' or something.
I don't care if these women crack whores, they didn't deserve to be violated. This is truly something I wouldn't wish on my worst enemy.
I honestly have no problem with the way the authorities, Duke's administration or athletic department have handled the situation.
I mean I like the fact that the DA is taking his time with this. We don't want the dudes to get off on some snag, some loophole or technicality.
Duke's president has taken the necessary steps, first suspending the season, then cancelling the season then accepting the resignation of the head coach.
They've given full disclosure on their Web site which the "Lacrosse Incident" section.
And also they can't say but so much, legally, until, actually charges are filed.
So all in all I think most of them have done a good job. Everything is being done by the book and I can appreciate that.
I mean I like the fact that the DA is taking his time with this. We don't want the dudes to get off on some snag, some loophole or technicality.
Duke's president has taken the necessary steps, first suspending the season, then cancelling the season then accepting the resignation of the head coach.
They've given full disclosure on their Web site which the "Lacrosse Incident" section.
And also they can't say but so much, legally, until, actually charges are filed.
So all in all I think most of them have done a good job. Everything is being done by the book and I can appreciate that.
If I believed in a physical hell these bastards would get an express lane to one of the darker corners. If they have money like that I don't think going to prison may necessarily happen. I hope they do, mind you, but it honestly wouldn't surprise me if they got off.
this is some bullshit...they have no reason to state that she was a stripper or that she was black......all that needs to be said is that there is an allegation of rape, which is being investigated...
This woman was raped.
There is a cover up.
The truth will come out.
~Deb
There is a cover up.
The truth will come out.
~Deb
I think they raped her & like Deb said, the tuth will come out.
Hi Nic, I just stopped by to say hello. I've been staying as far away from this story as possible. You know, some things you don't even want to think about. I've been very interested about the Congress woman and her upcoming trial though. Wow, a lot going on these days.
Just I wanted to add another point about the "racial issue".
I know that some people wonder why color is even an issue in this case, but the color issue came up because some of the team members brought it to the forefront.
I did not talk about this in my post, but some of these team members have been reported to the authorities for calling black women the "n" word. There is a 911 call that has been played on the news several times since this incident happened with a woman scared calling them to report these racial slurs that they just yelled out at her and a friend when they were walking down their street. When a caucasian person calls a black person that, then it is an issue of color to me.
I know that some people wonder why color is even an issue in this case, but the color issue came up because some of the team members brought it to the forefront.
I did not talk about this in my post, but some of these team members have been reported to the authorities for calling black women the "n" word. There is a 911 call that has been played on the news several times since this incident happened with a woman scared calling them to report these racial slurs that they just yelled out at her and a friend when they were walking down their street. When a caucasian person calls a black person that, then it is an issue of color to me.
Okay, I have the feeling that some one (or many) raped the girl. And I think they should be tried quickly.
But what I don't understand is why the Lacrosse Coach was fired - I mean, I would think that he did not condone this, or even know about it. It seems like the university is just chosing a scapegoat. How about the student life director? the President? What makes the coach more responsible than the other adults. I just don't get it. Though I am not much of a sports fan either.
But what I don't understand is why the Lacrosse Coach was fired - I mean, I would think that he did not condone this, or even know about it. It seems like the university is just chosing a scapegoat. How about the student life director? the President? What makes the coach more responsible than the other adults. I just don't get it. Though I am not much of a sports fan either.
n search: here is what I don't want though. I have been close to a couple of events that got news coverage. And the news coverage did not accurately reflect the truth. So things may change - quickly. And when I say change, it may be for the worse (that the events were even worse than previously reported).
Leesa,
WOW! I hope that is not the case this time. This incident seems to be pretty bad already and if it comes out that things are even worse than what is currently being reported...well, I can't even imagine. I really didn't think about that. Wow!
WOW! I hope that is not the case this time. This incident seems to be pretty bad already and if it comes out that things are even worse than what is currently being reported...well, I can't even imagine. I really didn't think about that. Wow!
I just really have a bad feeling about this. I would love to see justice for this young lady, but unfortunately there is a strong possibility that they will get off!
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.
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.
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.
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.
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.
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.
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.
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.
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?
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?
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.
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.
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!
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!
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
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
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
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