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Duke Lacrosse Rape Case Records Examined

Raleigh News & Observer reporter Joe Neff has the latest "must read story" on the Duke lacrosse rape case, culled from Durham District Attorney Mike Nifong's own evidence.

In examining the files Nifong has produced in the case, The News & Observer found that the accuser gave at least five different versions of the alleged assault to different police and medical interviewers and made shaky identifications of suspects. To get warrants, police made statements that weren't supported by information in their files.


The district attorney commented publicly about the strength of the medical evidence before he had seen it. He promised DNA evidence that has not materialized. He suggested that police conduct lineups in a way that conflicted with department policy.

In a nutshell you've got a "victim" who was uninjured; who repeatedly could not identify her "attackers;" police who lied to judges to get warrants; and a DA who sanctioned it all.


Much more at John In Carolina


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Comments (35)

By all means spend $50 mill... (Below threshold)
Larry:

By all means spend $50 million or so investigating a cum stain, a blow-job and an extra-marital affair when it comes to Bill Clinton. But God forbid we should look into things like deception, lying, outing CIA agents, vioations of the Constitution, leading us into an unplanned war, spying on citizens, killing thousands and thousands and thousands of innocents to carry on a war that is full of corruption, makes no sense and was unplanned. Yes, hopefully we'll uncover a modicum of the truth and you wingnuts can go on bleating about cum stains and blow-jobs.

What in the hell are you ta... (Below threshold)
Bob:

What in the hell are you talking about? What does any of that have to do with this article?

Uh Larry, I gotta agree wit... (Below threshold)
DaveD:

Uh Larry, I gotta agree with Bob, what does your rant have to do with Kevin's post????

Larry,And your dia... (Below threshold)
LoadTheMule:

Larry,

And your diatribe would have exactly 'what' to do with the Duke lacrosse rape case? Oh, that's right--absolutely nothing. My bad.

Regards...

Ok - Larry, you have offici... (Below threshold)
Candy:

Ok - Larry, you have officially gotten your 15 minutes of fame. Back on track here - this case was an outrage from the beginning. If this had been an actual rape case, I would be the first to want the guilty to hang. But the accuser in this case has been caught in one too many lies. It's time to drop the case and bring her up on charges for falsely accusing the Duke Boys.

Try Nifong for malfeasance ... (Below threshold)
mojo:

Try Nifong for malfeasance in office, fire the Chief of Police for gross incompetence, and get a lap dance from the "victim"...

In the mean time, the coach... (Below threshold)
USMC Pilot:

In the mean time, the coach has lost his job, several young men have had their lives seriously disrupted, and their parents have suffered some rather healthy legal costs. I wonder if the news outlets will spend any time at all on this when the case is finally dropped, or thrown out of court. We have the power to stop this BS, if we would only use it.

Oh well, I guess I'll say i... (Below threshold)

Oh well, I guess I'll say it, since no one has (and I just love saying it):

Larry, it's time for

BLOOD FOR ODIN!!!

Meh, I can't wait to see wh... (Below threshold)
Gmac:

Meh, I can't wait to see whether or not Nifong and the cheif get sued for malfeasance and defamation.
There are certainly grounds to do so.

and Larry? Clinton was impeached because he lied, under oath.

Perjury and all that ho hum BS...

Not to mention his statement to the American public via TV and radio:
"I did not have sex with that woman, Ms. Lewinsky."
Bill Cinton Jan. 16, 2006

Not to mention that your rant has absolutly nothing to do with the Duke Lacross case unless you're trying to counter reference it to Quanita Broderick... Who had a hell of a lot more evidence than that dancer does.

I hope in the end that the ... (Below threshold)
JohnMc:

I hope in the end that the parents sue the living daylights out of everyone involved in a civil trial. It would critical that the State convenene a grand jury to remove the protections of 'line of duty' provisions. Once that is accomplished release the Dogs of Odin to shred them all.

Sadly the person who touched all this off has the shallowest pockets so she will get off light in such an action.

From what I know here local... (Below threshold)
Mitchell:

From what I know here locally, and practicing law in Durham, although not in criminal court (thank the Lord), our DA thought the Dukies were spoiled brats (he literally called them out as kids with rich parents who were covering up a horrid crime), who were essentially procuring prostitutes, so he went for the jugular.

The problem: no evidence, and the comments impugning their background are irrelevant.

Would he make such conclusions about a person due to other factors, other than wealth? What about race, while we're on irrelevant topics? Hmm. Is that prosecutorial fairness, required by the ethics rules?

On that front, I have it on solid authority that our boy Nifong has a State Bar ethics file about a large city phone book in size.

Maybe we lawyers can clean this mess up. In the meantime, these defendants have been unfairly tried in the Press by an incompetent, and overzealous, prosecutor.

All these different stories... (Below threshold)
krazy kagu:

All these different stories and frankly those who file these phonie stories should get jail

Someone IS going to jail an... (Below threshold)
justice58:

Someone IS going to jail and it is NOT the victim of this horrible crime of rape. Those spoiled rich b*st*rds. The jury will find them guilty regardless of what you people think...OK

Regardless of what others t... (Below threshold)
Stef:

Regardless of what others think and regardless of all the evidence that speas VOLUMES against the lying stripper.

God help the world if Justice ever became a lawyer. Every white person in America would be in jail.

Whatever StefThe t... (Below threshold)
justice58:

Whatever Stef

The truth is going to be exposed about those rich spoiled b*st*rds!!

Hey Justice: I suspect that... (Below threshold)
Moose:

Hey Justice: I suspect that you are just blowing off steam for other stuff going on in your life.

The "truth is going to be exposed" sounds like a prediction. What are you predicting? That Nifong has a "smoking gun" that he has not yet released to the public (and the defense)? Please do a little research about the discovery obligations of a D.A. in a criminal prosecution.

You characterize the Duke Three as "rich, spoiled bastards." So what? The adjectives and the nouns you ascribe to the Duke Three are irrelevent to the prosecution and inadmissable to common sense. Are P. Diddy's kids, who are inarguably rich and spoiled... and unfortunately, literally b#st#rds - also rapists?

Your grand finale: "they will be convicted no matter what you think." Wow. What a declarative statement! Unfortunately you have nothing else to declare!

But like I said... you are pretty clearly just in a rotten mood. Neither a lack of intelligence nor a racial agenda can account for your contribution to this discussion.

I ain't perfect either, and as patronizing as this post may sound, I think that deep down EVERYONE has figured out what MOST LIKELY happened. Even you, Justice.

"Maybe we lawyers can clean... (Below threshold)
TC:

"Maybe we lawyers can clean this mess up. In the meantime, these defendants have been unfairly tried in the Press by an incompetent, and overzealous, prosecutor."


Aint gonna happen, too many of the club members desire all the perks donated to them by the pubic, errr public funding!

The club of course is any attorney and of course all judges who were once attorneys.

This case stinks worse than the Koby Bryant case! That one only cost the taxpayers of eagle county over 4 million in expansions and improvements, just to handle the media!

DA's need to have their ass's held to real flames when their actions cost us money to persue a non-case case!

Damn! Between larry... (Below threshold)
docjim505:

Damn! Between larry's rant about Clinton and injustice58's call for a lynching...

Wow.

Some people...

But back to the matter at hand.

If this case continues in its present direction, the Duke players and their families will continue to be soaked for hefty legal fees (perhaps Nifong is hoping they'll run out of money and cop a plea?). Eventually, the case will be dropped, but, as has been pointed out, the damage has been done. The former Duke lacross coach lost his job, the players have had their lives upset (if not ruined), lots of tax money has been wasted, the families have had to suffer anguish... And all for nothing. I wonder why Nifong did it? Is he a Carolina grad who takes the whole school rivalry thing a little too much to heart? Perhaps he applied to Duke and didn't get accepted, so this is payback. Or maybe he's so steeped in class envy that he just leaped at the chance to stick it to some rich kids.

Hey! Maybe injustice58 is actually Mike Nifong!

Justice58 is continually in... (Below threshold)
DH:

Justice58 is continually in this "bad mood," hanging out at places like newshounds dot us where he has a more receptive audience, and where the "moderator" will often censor those who don't agree.

In Justice58's world, there's no need for evidence, or for a trial really, because the culmination of wrongs and grievances must be righted; the ends justify the means. It doesn't matter if they're guilty or not, their kind is guilty of so many things, and it's time someone must pay. Thank God for voir dire.

Listen Moose, DH, docjim505... (Below threshold)
justice58:

Listen Moose, DH, docjim505 and whoever! I'm not in a "bad mood"... just telling it like it is. The problem is.... you can't accept it. The truth hurts.... doesn't it?? Do yourself a favor and stop worrying over lying rich spoiled b*st*rds! It will save yourself much heartache, when the truth comes out in court as to what happened that night.

One more thing... stop hating on Bill Clinton Seems like the Republicans are always looking back to Bill to help them out. Don't deny it!

DH... I don't want innocent people to be charged with a crime that they didn't commit BUT, this is NOT the case with the dukes. They have psyched you all out... but not me. I see right through their BS.

"When the truth comes ou... (Below threshold)
Wes S.:

"When the truth comes out in court about what happened that night..."

...y'all are going to have to put Justice58 on suicide watch.

And Mike Nifong needs to be ridden out of town on a rail.

Seriously, Justice, think a... (Below threshold)
Wes S.:

Seriously, Justice, think about it: Given what Nifong has done to the defendants in the Duke "rape" case, just how many people who weren't fortunate to be "rich b*st*rds" have been railroaded into jail because they couldn't afford to defend themselves against this grandstanding, corrupt jackass? If Mitchell's right, this isn't the first time Nifong has been playing games with criminal defendants...

Think about it. And pray that if you run afoul of the law...you aren't prosecuted by somebody like Nifong.

WesSuicide watch??... (Below threshold)
justice58:

Wes

Suicide watch??? I think not. You mean the duke 3 don't you!! Those rich b*st*rds!!

"... a crime that they didn... (Below threshold)
DH:

"... a crime that they didn't commit BUT, this is NOT the case with the dukes. They have psyched you all out... but not me. I see right through their BS."
-- Posted by: justice58 at August 8, 2006 07:04 PM

Oh, I'm sorry. Allow me to rectify my comment.

In Justice58's world, there's no need for evidence, or for a trial really, because Justice58 sees right through everyone's BS. We don't need a lengthy trial, we don't need a jury. We can save the taxpayers a LOT of money by letting Justice58 decide who's guilty and who's innocent.

1. justice58, there have be... (Below threshold)
Betty Friedan:

1. justice58, there have been a few people slinging baseless insults at the accuser in this case, and they should be. There is no indication that she is a prostitute (not that there’s anything wrong with that).
There have also been those presenting the facts of the case. You have been ranting and insulting people and up until your last post I haven’t seen you talk at all about the facts. Judging from your past posts, I expect that this post will result in gratuitous insults from you, but not a calm refutation of any argument made here.
I suspect that the facts that you stated (mis-stated in some cases see below) were the ones presented to the grand jury to get an indictment.
Unfortunately, getting a conviction, or winning a rational argument requires dealing with facts that go against your position, not just the ones for your position.
Facts which are consistent with both theories (that they are innocent or guilty) do not prove or disprove either one.
As for the facts you pointed out:
1) Evans’ DNA on the nail. Two problems with that. First, the DNA tests didn’t match him; they just failed to rule him out. Second, the nail was fished out of a garbage can in his bathroom. His DNA would likely have been on it regardless of whether he raped her.
2) She picked him out of a lineup. She picked him out of the second or third lineup conducted, after failing to pick him out earlier. The lineup she picked him out of consisted entirely of the white lacross players. Any choice she made would have picked out a lacross player. Closing her eyes and throwing darts at a set of pictures would have picked out a lacross player. So if they are innocent, she may have just picked him at random. She also said that the attacker she identified as Evans had a mustache, which Evans did not.
3) Collin Finnerty was charged with attacking someone elsewhere. What does that have to do with this case? He got into a fight with someone, he isn’t charged with raping anyone else. You can’t convict someone of one crime just because they have been charged in another.

It is incomprehensible that... (Below threshold)
oldpennlaxer:

It is incomprehensible that 45 young men would maintain a dishonest silence about a crime as egregious as charged. Looking at the pictures of the young men I see faces that look the same as when I played 25 years ago. 45 people...all keeping a horrible secret...don't think so.......Not a single stand up guy...out of 45 men... bullshit, no way this happened.


tall tale.....

Justice isn't in a bad mood... (Below threshold)
Stef:

Justice isn't in a bad mood, she is a complete raving lunatic. You guys should see her rants over on a cornell blog about the duke case. She sounds like an escaped mental patient. She tried to basically connect the idea that since black people in the "old south" (specifically women) were treated so badly, clearly the white boys from duke are guilty in 2007. Come on guys, how can you not agree with her awesome sense of logic and reasoning?!

Hey Justice, do you really think you have a clue better as to the direction of this case than say, oh, I don't know, lawyers who passed the bar and are actually privvy to the information? You declare these boys guilt in public forums as if you actually understand the idea of judicial proceedings, as if you are a lawyer yourself. Do you even have a college degree? I like that you think you know the "truth" about a situation you know nothing about. Don't you think if you were the ONLY person who knew the truth, the only person with enough brain power to REALLY figure this one out, maybe they'd find you somewhere and get you to be a lawyer? Don't you think you wouldn't be taking college courses now at the age you are at, with children, from a JC? You weren't there, you didn't witness a rape, you didn't watch them do it, so for you to get on a computer and declare "the horrible rape that these boys committed" is rather unfounded don't you think? I can say the moon is made of cheese, but it doesn't make it the truth. I find it funny that despite the fact that every person on every blog you post on is against you and provides evidence for their opinions that you are wrong, you still seem to think you alone got it right. That you, the lone black woman knows what really went down. You don't know anything, you are assuming. Do you know what assuming does? Makes and ASS out of U and ME. My 7th grade history teacher told me that :). Perhaps you should repeat the 7th grade.

Rich bastards or not, they ain't goin' to jail. Dream all you like, but the white boys are going to get off because evidence says they didn't do it, and fortunately evidence is more credible than the stories of a stripper with mental issues.

Just wait and see,... (Below threshold)
justice58:

Just wait and see,

The dukies are going to be convicted!! Do tell me Stef.... how the hell can you stop it from happening?? huh!! They are guilty and guilty people should be in prison.

I don't have to stop it fro... (Below threshold)
Stef:

I don't have to stop it from happening, that's the job of the defense; counter question; how can you MAKE IT HAPPEN? HUH!??! HUHH?!?! HUH?!?! (Do you see how retarded you sound when you type?)

YOu don't know if they are guilty. ONly 4 people know that. And since you are not a well to do Duke University athlete (and I'm going to give you the benefit of the doubt and assume you don't insert vibrators into your vagina for a living), you are no better informed than anyone on this blog about their guilt or innocence.

ListenThe defense ... (Below threshold)
justice58:

Listen

The defense knows they are guilty, that is the reason they have been playing to public opinion in order to tamper with the jury pool. Judge Titus put a choke hold on their BS and it was time to do so.

You seem to think they are innocent, and I think NOT. What the hell has inserting vibrators in my vagina has anything to do with whether I'm better informed than anyone?? You're a d*mn fool. The victim's lifestyke has NOTHING whatsoever to do with whether or not a rape occured. You and others want to play it that way but... it ain't happening baby. I couldn't care less about the name calling. The only thing I'm concerned about is that those rich spoiled b*st*rds get sent to prison. That is what I look forward to. Guilty people belong in prison. Notice I said Guilty people, not because they are white. The dukies have met their match in Durham. That old boorish behavior is going to get them some hard time. They ASSUMED she is "just a stripper" and no one will believe her. For your info...there are many supporters that love her and will see to it that this case will not go away. The victim's life has been scarred, her personal life has become an open book for all to see on the account of wild drunken spoiled rich b*st*rds not capable of controlling their reaction to their sexual arousal.

And one more thing...whoever or whatever she volunteers to enter into her vagina is her choice. There is no d*mn law against it. BUT, no one can FORCE themselves into her vagina. Do you get my f*cking point!!

Hey Justice, I have news fo... (Below threshold)
DH:

Hey Justice, I have news for you. Listen.

    The three Duke lacrosse players are not guilty.

This is irrefutable. Despite your supposed clairvoyant abilities, citizens of the United States are, in fact, innocent until proven guilty. These young men have NOT been proven guilty; therefore they ARE innocent.

I'll tell you what is proven though (well, clearly demonstrated at least). You have some sort of serious issue going on that has nothing to do with this case. Stef is right -- escaped mental patient. Please get help.

That is so like some of you... (Below threshold)
justice58:

That is so like some of you... when black people speak up for themselves, they are labeled trouble makers or crazy. I don't give a f*ck what you think. The dukies are going to prison and that's the way it is, baby. Stop being played by the duke 3!!

No one thinks you're crazy ... (Below threshold)
Stef:

No one thinks you're crazy because you are black-we think you are crazy because you scream like a farm animal about a case that is so obvious that one would have to be crazy to assume the duke 3's guilt. Stop pulling the race card.

What I said about you inserting things into your vagina, if you actually read it instead of just pieced it apart in order to start raving again, was thet since you are not one of the Duke 3, nor are you the stripper, you have no better sense of judgement than anyone on this blog about whether or not the dukies raped someone. There are 4 people who know whether or not they raped someone-the accuser, colin, dave, and reade. Since you are none of these people, you saying "they are guilty" is about as accurate as me saying "Mel Gibson wears floral spandex underwear". Since I am not Mel Gibson, nor his wife, I have no way of knowing if he does or not.

Stop being played by the pulling of the race card by Nifong and Mangum, "baby". You can't be played by facts (which the Duke 3 have on their side). You can be played by lies and propaganda (which the DA has put forth).

PS-Justice, are you LaToya ... (Below threshold)
Stef:

PS-Justice, are you LaToya Jackson? Do you have a psychic friends network? Because I, along with I'm sure everyone else on this board, would love to know what evidence YOU EXCLUSIVELY have that makes so certain these boys are guilty. What exactly is it that YOU alone are aware of, and we, the defense, and the rest of America who doesn't based guilt and innocence on race, don't? What makes you 110% positive these boys are guilty AND that is going to make a jury believe without ONE REASONABLE DOUBT they are so?

PS, are you this raving mad that the BLACK accused rapists was found innocent of raping a WHITE midshipwoman in Navy? Are you protesting on the internet as aggressively to that injustice to rape victims as you are this case? Or does it not matter because the accused in that case was black and therefor he couldn't have raped someone?

"I don't give a f*ck what y... (Below threshold)
DH:

"I don't give a f*ck what you think."
Posted by: justice58 at August 10, 2006 02:04 PM

Yes you do, or you wouldn't keep responding (unless perhaps you suffer from serious OCD; see "mental patient" above). You wouldn't keep trying to defend your warped definition of justice. What you don't give "f*ck" about is an impartial weighing of the facts. God help you if you're ever on trial and subject to the whims of YOUR true peers.




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