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Some charges to be dropped in Duke case

The prosecutor in the Duke lacrosse "rape" case is moving to dismiss some of the rape charges against all three defendants, WRAL in Raleigh is reporting.

No details available yet. The station's website is HERE.

Update: In a move that should surprise almost no one with a passing familiarity of the Duke lacrosse rape case, the actual rape charges have been dropped.

DURHAM, N.C. (AP) - Prosecutors dropped rape charges Friday against three Duke University lacrosse players accused of attacking a stripper at a team party, but the three still face kidnapping and sexual offense charges, a defense attorney said.


Joseph Cheshire and attorneys for the other players have said for months the woman told several different versions of the alleged assault.

Cheshire said Friday that the accuser now says she does not know if she was penetrated, which he said led District Attorney Mike Nifong to dismiss the rape charges.

...The players - Dave Evans, Collin Finnerty and Reade Seligmann - all say they are innocent. Their attorneys have consistently said no sex occurred at the party and have cited a lack of DNA evidence in the case as proof of their clients' innocence.

"It's highly coincidental," Cheshire said, that the charges are being dropped a week after the director of a private DNA testing lab acknowledged that he initially, with Nifong's knowledge, withheld from the defense test results showing none of the players' DNA was found on or in the accuser's body.

Testing also showed that genetic material from several males was found in her undergarments and body.

Update II (Lorie adds): La Shawn Barber has an excellent post full of info and a great link roundup. Here is my favorite quote so far, from Durham girl, Mary Katharine Ham:

It's Durham. It's full of a bunch of liberal white people who love to get yelled at by black people, and a bunch of liberal black people who are happy to oblige them. This story scratched that white guilt itch soooo good, they just couldn't let it go, even though it was pretty clear from the beginning that the story was a little off.


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Comments (22)

Justice58, will we see you ... (Below threshold)
Mitchell:

Justice58, will we see you again on this website?

I doubt it. Booh, hoo; The Man(tm) got you again!

The other charges are bs and will go away, too.

On a Friday afternoon befor... (Below threshold)
jaboobie:

On a Friday afternoon before Christmas. Talk about burying a story.

Read the wral.com story re ... (Below threshold)
Mitchell:

Read the wral.com story re what she told the "investigators" for Nifong--"she couldn't testify "with certainty" that she was raped."

If you're not able to testify whether you were raped, are your powers of observation sufficient to testify about "kidnapping" or "sexual assault." The prosecutor continues his joust at windmills.

Has there been a greater mi... (Below threshold)
J.R.:

Has there been a greater miscarriage of justice this year than there has been with this case?

Nifong should be disbarred and prosecuted himself for pursueing these charges. This was all done so he could win the DA's job. He turned this into a black vs. white race case instead of dismissing the incoherent rants of a stipper that was drunk.

What is the "kidnapping" th... (Below threshold)
Scott:

What is the "kidnapping" that is alledged? Wasn't she invited to the house? Didn't her friend drive her home? I don't get it. I don't get the "sexual offense" charge, either.

Actually Scott, she wasn't ... (Below threshold)
hermie:

Actually Scott, she wasn't just invited, but had been paid to be there. And after she and her friend stiffed the students, she left on her own power.

Now how can her accusations of kidnapping have any weight, when her most serious accusation, the supposed 'rape' has now been shown to be bogus? A woman who 'remembers' a rape, surely can remember the 'kidnapping'.

Nifong stepped in it, and this is his way of delaying a civil suit. Also, Duke has seen a significant drop in enrollment since the school drop-kicked the students under the bus. Now they have to do massive amounts of damage control, but if Nifong keeps the 'rape' trial alive, Duke will still have to deal with that.

This goes out to justice58,... (Below threshold)
Isaac:

This goes out to justice58, in case you didn't want to come back to the board where we started this argument:

In yet another perdiction of mine come true, I have returned to gloat. I gloat now for the dropping of the rape charges. I will gloat more when the rest of the charges are dropped, even more if Nifong gets the civil, professional, and criminal penalties he deserves, I won't hold my breath on Nifong getting spanked though. Going by past performance, the people who are supposed to be watching the watchmen in N.C. are asleep on the job.

justice58, this is for you HAHAHAHHAHAH. LOL. ROFL.

Nifong probably hopes the publicity will die down so he can drop the rest of the charges quietly later, or just lose the case with dignity. Fat chance Niffy.

Though I must say, good timing on the announcement, Friday before Christmas, when few people pay attention to the news.

Now let's see the state of the case. Still have only the accuser's word, only now she is saying she can't say for sure whether she was raped or not. "100% sure these guys raped her" to "not sure she was raped at all". Yeah, her credibility on the remaining charges is soaring. LOL

Let's see, so her story has gone from brutal gang rape in every orrifice to "not sure I was raped". That's not exactly "did I shoot five times or six", or even "revolver or automatic".

Still Nifong has shown that when it is his own ass on the line, he is willing to drop charges. Before the conspiracy was revealed, his downside was he loses and can blame the jury, now his downside for going ahead with the rape charges is more testimony from his co-conspirator, maybe enough to send Nifong to prison for obstruction of justice.

J.R., lots of greater injus... (Below threshold)
Isaac:

J.R., lots of greater injustices this year. Fex, a translator got a $6000 fine and a reprimand (not even discharged) for murdering a surrendered, uniformed prisoner in cold blood, in a gross violation of U.S. law, military law, and the Geneva conventions.

hermie, if you drag someone from one room to another against their will (barring some legitimate defense), that is kidnapping.

Once all of this completely... (Below threshold)
fschmieg:

Once all of this completely clears, I think Nifong will be hit with a civil suit of some type. These students have some powerful friends and I don't think they will just let this all go.

More embarrassment for the ... (Below threshold)
Jill:

More embarrassment for the liberals who loved playing up this episode with glee because they got to get digs in playing both the class warfare card with the race card.

And I love how bad this makes all those liberal professors look who signed that big petition at Duke. Not to mention all those feminazis & race hustlers who started their little "protests" immediately after the story came out, forgetting how they usually love innocent until proven guilty, you know, unless, of course it involves a demographic that they hate (white rich priviledged males)...

I'd love to be a fly on the wall in the idiotic womens studies classes at Duke in the next semester.

Nothing is more fun than watching liberals eat crow - again! What a wonderful christmas present! : )

The Duke president needs to... (Below threshold)
sam:

The Duke president needs to resign over this incident. The guy is a moral coward, and stiffed his students and the university to pander to the racist allegations of a crooked DA.

How does one start a petition to get him fired?

Well I guess the left can g... (Below threshold)
Alexander the Average:

Well I guess the left can go back hero worshipping cop killers. Nothing to see here moonbats, move along.

Not surprising. Think Nifo... (Below threshold)
mantis:

Not surprising. Think Nifong will have the integrity to drop the rest of the charges eventually? I'm doubtful. What a huge waste of time and money.

issac:The 'victim'... (Below threshold)
hermie:

issac:

The 'victim's' story has changed so many times and has been contradicted time and time again.

She 'identified' one student who wasn't even there, thanks to the ATM camera and the cabbie.

You can't continue believe her, even though she has been proven to have lied again and again.

Doesn't anyone else (male) ... (Below threshold)
Joe:

Doesn't anyone else (male) find this kind of creepy?

"Testing also showed that genetic material from several males was found in her undergarments and body."

The term "sloppy seconds" comes to mind...more like "sloppy ". I wish that "upchuck" emoticon could be added here...........

Blech. The gal is unsavory... (Below threshold)
Mitchell:

Blech. The gal is unsavory, to say the least. Doesn't speak well of the institution of "higher" learning she was enrolled in.

We're probably dealing with a prostitute here. Calling her a "stripper" is like calling Lee an "intellectual."

Is Jesse Jackson still goin... (Below threshold)
Jill:

Is Jesse Jackson still going to pay her tuition? lol.

Mitchell--"like calling "pu... (Below threshold)
jhow66:

Mitchell--"like calling "pucker puss (lee lee)" -best comeback I have seen yet. ROFLMAO

We're probably dealing with... (Below threshold)
GoldenGreg:

We're probably dealing with a prostitute here. Calling her a "stripper" is like calling Lee an "intellectual."

Nice one Mitchell, so true except to the ignorant target of the Zing (since you aren't too bright, that is you Lee).

jhow and golden: I was hop... (Below threshold)
Mitchell:

jhow and golden: I was hoping for a response from said Lee Lee. I haven't seen him on today. I think there are several analogies possible involving Lee and "Precious," the so-called, ahem, "stripper."

Could this be the one day of the year he isn't posting all over this blog? Oh, my. And I had a good "zing" he may never see.

When her resurfaces, like the wack-a-mole he is, I'll make sure to bring it up again.

Best to you all for the Holidays.

Nifong may have hoped that ... (Below threshold)
LenS:

Nifong may have hoped that the Friday before Xmas would bury the story, but it clearly had the opposite effect since there was little other real news this close to the holiday. This morning on GMA and it's CBS counterpart, it was the lead story (I didn't catch Today on NBC). CBS used a lawyer for one of the non-accused players for commentary and ABC used KC Johnson, the lawyer/prof/blogger who's been tearing apart Nifong for months. So at least two of the major networks have come around to talking about Nifong's misconduct and not how racist these rapist athletes are.

hermie, I never believed he... (Below threshold)
Isaac:

hermie, I never believed her. The first time I heard about this story was when the first round of DNA tests came back negative. I said at the time that no way is that kind of gang rape going to happen without leaving DNA.

My point was, the DA probably isn't saying she was kidnapped to get her into the house, he is probably basing it on her allegedly having been dragged from one room to another.

Scott had asked how they could be charging kidnapping when she was invited to the house and driven home (well, away anyway). So I was explaining how what she is alleging would be kidnapping, even though she was invited and left on her own.

Her claim of being dragged isn't supported by any other evidence, but not even the accuser is claiming they kidnapped her to get her into the house.




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