Posted on 05/25/2006 5:04:51 AM PDT by abb
DURHAM -- A lawyer with the state NAACP said the civil rights organization intends to seek a gag order in the Duke lacrosse case, and a journalist who participated in a forum with him on Wednesday said media coverage of the alleged rape may deprive the alleged victim of her legal rights to a fair trial.
Al McSurely, an attorney who chairs the Legal Redress Committee for the state National Association for the Advancement of Colored People, said he generally respects the defense attorneys in the case as colleagues. But they are violating the State Bar's rules of professional conduct that discourage comments outside court that are likely to prejudice a case, he said.
The NAACP will try to intervene in the case to file a "quiet zone/let's let justice work" motion. That is otherwise known as a gag order, he acknowledged, although he said he doesn't like that term.
McSurely's comments came amid the first-ever Durham Conference on the Moral Challenges of our Culture at First Presbyterian Church downtown. The session gave the approximately 150 people who attended a chance to hear a series of talks and discuss among themselves sexual and domestic violence, racism, class distinctions and the media.
(Excerpt) Read more at herald-sun.com ...
do you really think the people that voted nifong into office PAY TAXES?
The gag order really illustrates something I've noticed going on in this case. Nifong is working with and through a lot of Durham personnel. Or City Manager Baker is working through Nifong.
This case is very unusual. City Manager Baker is up to his gills in this case.
1) Nifong can't ask for a gag order, okay, he can, but the Defense will use the opportunity to score big points in publicly filed motions detailing Nifong's outrageous public statements. The NAACP steps in; this was coordinated in my opinion.
2) Patrick Baker. Okay, most people know that he got the police together and tried to get to the bottom of the statements attributed to DPD about the victim constantly changing her story. It is widely believed Baker also made it known that he was unhappy with those comments or theories and he questioned the police force. The Defense has said they believe this will have the effect of everyone carrying forward the City of Durham's story (falling into line).
The other thing I saw on Baker is that he was involved in this case again in April. He came out unsolicited and defended the Durham Police actions when the DPD a day or so after indictments were signed, approached multiple players and questioned them without their counsel. They attempted to question players without their legal representation - when they knew they were represented. Baker made statements on the record to the press defending this questioning.
3) The Durham City Council or some government body came out and made an offical statement supporting Baker running an in-house investigation to determine if and who in the PD made statements saying the victim was constantly changing her story and was not credible. The council said they felt the need to publicly support Baker.
I think this a two headed (at least) monster in Durham and Baker has been acting very suspiciously. The council feels a need to publicly support him? I'd be willing to bet they were ASKED to pass a public motion supporting Baker.
Why has Baker inserted himself at critical points in the investigation to keep it on track.
Baker and Nifong. Remember Vernon Jordan and Bill Clinton?
Baker actions are not typical of a Police Chief, much less a City Manager. This case seems to be very important to Mr. Baker. Important enough for him to conduct an intra-force investigation before the first court date of the case? Important enough for him to dispatch Police Officers
to the Duke Dorms in a controversial move that was sure to draw fire. Then the City Council introduces a motion to support Baker's actions in the Duke matter? This is a rape.
There has been multiple rapes in Durham since this alleged party rape. I'm sure Baker had no involvement in these other rape cases and I'm sure the same applies to the City Council and the Durham Chapter of the NAACP.
I was not one of those suspicious of Baker initially, but as I look deeper, I think he's involved or trying to hide something.
Then what? Serious question.
What if the jury finds them guilty and the Judge does nothing?
What if it is drop dead obvious to everyone a guilty verdict is wrong, yet guilty it was?
Are they at the mercy of the appeals process?
I believe the venue would play a large part in the decision with this case. In Durham county a bench trial might be the best decision. No trial judge likes to have his decisions overturned by a higher court. Therefore he would, theoretically, be more careful in keeping his own biases out of the decision. Outside of Durham county, I believe the accused (read victims) would be as well off with a jury.
They cannot appeal because the Jury's verdict doesn't make sense. Only certain things are appealable and that's not one.
If a Jury disregards the evidence, which is likely if a change of venue is not granted, they are out of luck.
They may be lucky and find some specific grounds to appeal, but it won't be because the Verdict doens't fit the facts or evidence presented.
So what you are saying is that they are shit out of luck?
And when I think that it could be any one of our kids, it scares the hell out of me.
You still need a Judge (a Judge that has to be re-elected) to be willing to take the heat. I don't know if you'll find one in Durham. They'll know the public will demand their head on a platter if they let these guys walk out free.
Yes. What a disgrace. The Media coverage makes it even worse, in my opinion. The way they say Rape victims change their stories, they are confused, she was traumatized, no DNA is needed, all the DA needs is the Jury to believe her.
This really makes it so that any woman - any female convict - can accuse our uncles, Father, brother, or Sons and they don't have to make sense or tell the truth: they deserve to be presumed noble and honest with good intentions.
This is not our system.
The NAACP vs. The First Amendment
" They took the samples from all three, and one was a match."
Do any samples remain unmatched or was it just one DNA sample in the vault and that belonged to the BF?
Now Baker has made himself a witness.
"Officer, have you spoken with Patrick Baker about any aspect of your testimony case?"
"What did Patrick Baker want you to say?"
"What did he say or imply would happen to you if you testified truthfully about the night in question?"
"Remember you are under oath."
That was my question as well. We probably will not know until the actual lab reports are disclosed or are leaked.
We also heard legal experts on the shows (Greta and Abrams) saying the DPD will now Deny it was ever said. Bernie Grim said that I guarantee that they will lie on the stand about the reports of the 20 to 3 and constantly changing story.
Susan Filan on Abrams said that as a DA you hang out that officer to dry.
So much for justice.
How about this hypothesis:
There is a vice crime operation in Durham that involves or is facilitated by city or county employees. That operation runs local prostitution, drugs, gambling, etc, all the usual stuff, in Durham. Minor players in this ring might include, for example, the cab driver from Namibia who has gotten off with a laundry list of crimes. In fact, CGM and Kim have been let off from a laundry list of crimes, partly because they work for this operation (remember I am only hypothesizing this). They may have even been recruited because they could be controlled by the threat of prosecution for their crimes.
CGM and KR are mere bit players who have their bodies rented out by this syndicate/mob. One night CGM goes nuts and panics and in the absence of direct control, starts screaming rape and creates a situation that potentially draws the spotlight right to the vice ring's operations -- if someone starts digging deep enough.
Nifong is in a very hotly contested and bitter race for the DA spot with a white woman. He gets wind of CGM's allegations and sees the opportunity to kill two birds with one stone -- one, curry favor with the local black population by validating the most incendiary black slavery fantasies, and two, have a sword that he can hang over the local crime syndicate to make them control the election for him. He probably can get other favors, too, as long as he has something to hang over them.
Nifong proceeds to play up this obviously bogus case, and to try to manufacture bogus evidence, bend potential witnesses and use any other underhanded device he can think of to lynch these 'rich white boys.' In this, he seems to have the cooperation of the local police, city manager, judges, etc. Meanwhile he has the entire University by the shorthairs as well. He is in heaven. He marches the clean-cut college boys into court, wrists handcuffed behind their backs, with the national cameras rolling and publicity beyond his wildest dreams.
But Nifong, being none too bright, finds as time goes on that he has painted himself into a corner. The national media picks this up and begins to magnify this thing beyond the local boundaries where Nifong and his cronies have some control. There is danger that the state or the Justice Department might start looking at this. These young men get crack defense lawyers who can outsmart DingDong in their sleep.
The local Black Panthers get involved as the 'muscle' for this vice operation and start threatening anybody and everybody. They even threaten a defendant in the courtroom (an action unbelievable in most courtrooms but apparently not even of note in a Durham courtroom.)
Meanwhile, Nifong put CGM on ice big time. Why? Ostensibly because she might be in danger from the white establishment. In reality, it would be because CGM is now a major liability to this local crime syndicate, and has caused major problems for her bosses.
My sense of things is that CGM is in grave danger and that sooner or later they're going to find her dead from an apparent suicide. The local party line will be that she could no longer stand the pain and humiliation that these evil white boys had brought to her and she had to do away with herself.
The only hole I can think of in this scenario is why is Nifong still hanging on, and why would the police, etc, cooperate with him? The answer to the second could only be that they are now in too deep. They continue to think they can put enough of a smokescreen that the world thinks these boys are guilty and doesn't look too much further. I think in Nifong's case it may also be because as soon as he doesn't have the sword held over certain heads, he is also dead meat, figuratively if not literally.
I suggest you google "murder on a sunday morning" and find out what happens to police when they lie in the face of evidence. And how much it costs cities whose police departments frame people who have competent legal counsel.
"My sense of things is that CGM is in grave danger and that sooner or later they're going to find her dead from an apparent suicide."
This concerns me, too.
However, all she has to do is refuse to press charges or testify, claiming she doesn't want to relive all that.
She's done this before, and nothing happened, so why not just do it again?
Nifong will be off the hook and there's nothing anybody can do to Crystal (she's lawsuit-proof).
How so? Filing a false police report can be a serious offense and those adversely affected can certainly seek redress.
I guess I'm thinking that prior to discovery, the DA was only required to tell the defense lawyers about DNA result relating to the lawyers clients. In other words, the defense lawyers initially got only part of the report relating to the team members. After discovery, the defense lawyers were entitled to the entire report.
On the other hand, if the first DNA report came back and the DA knew that Crystal had sex with someone other than a lax team member, why did it take so long for the DA to go out and sample the three guys she named?
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