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Is 'Duke' Case Headed to Civil Court?
Fox News ^ | 5/17/2006 | Locomotive Breath

Posted on 05/17/2006 7:09:30 AM PDT by Locomotive Breath

A man stands in the background of the Duke Lacrosse 'rape' case…watching. While the alleged rape of a black woman by three wealthy, white male students remains in criminal court, he is not likely to step forward.

[snip]

Even at this early stage, however, the accuser's mother is "very much interested" in "getting [him] involved."

Nicknamed "the Giant Killer," attorney Willie E. Gary is a litigator renowned for winning huge settlements.

(Excerpt) Read more at foxnews.com ...


TOPICS: Local News
KEYWORDS: duke; dukelax; lacrosse
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To: Locomotive Breath

Not a suprise. I was guessing all along this was just an attempt to scam some money out of the families of well to do students.


141 posted on 05/18/2006 7:48:45 AM PDT by SmoothTalker
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To: Jezebelle
I think the boyfriend's semen that they found in her proves her to be a liar to the SANE nurse

The statements made about the semen have been carefully worded to say they found one match for the semen they found. They never say, or at least I have never heard it said, that only one source of semen was found.

They only say one match, they don't say one individual source. There could have been semen from 3 (or more!)separate people and that is why Nifong was so sure it was a gang rape.

No explanation has been given as to why they took those three samples from un-named people. Could it be that there was semen from 3 different guys found in her?

142 posted on 05/18/2006 8:12:54 AM PDT by ladyjane
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To: Locomotive Breath

Locking the college records means either getting it off the main database or locking access to it. Some college administrators have access to students' records. It is standard procedure to lock the files of students who are in national news stories, e.g., Monica, Carolyn Bissette Kennedy. They try to do it before any college employee prints out a hard copy of it and sells it to the National Enquirer.


143 posted on 05/18/2006 8:19:02 AM PDT by ladyjane
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To: ladyjane

What three samples from three unnamed people? There's only been one other person, her boyfriend, who's been tested for a match to one sample of semen taken from her that I've heard spoken of on this forum and in the media.


144 posted on 05/18/2006 8:32:42 AM PDT by Jezebelle
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To: streeeetwise

Not "they", just one, Reade. The other two need not be involved. Reade could be deposed. His alibi is just about bullet-proof.

Nifong can be had through Mangum, and Mangum can be had through Reade.


145 posted on 05/18/2006 8:35:16 AM PDT by Jezebelle
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To: ladyjane

Ah ha - got it!

Limit internal access so someone doesn't leak them.


146 posted on 05/18/2006 8:45:15 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Jezebelle

They sampled three other people after preliminary results came back saying there was no match with any member of the team.

Why three people? Because there was semen found in her from three separate people?

I have never heard them say they found semen from only one source. They have said they found one match, not one source.


147 posted on 05/18/2006 8:54:44 AM PDT by ladyjane
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To: ladyjane

I've never heard three different sources. Where did you hear that?

Anybody......have you read or heard that there were three different semen sources in Mangum coming back from the rape kit swab samples?


148 posted on 05/18/2006 9:06:47 AM PDT by Jezebelle
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To: Jezebelle

Let me clarify.

They took DNA samples from three people. One from the boyfriend, one from someone she 'talked to' earlier in the evening and one other person. Why three?

If you listen carefully they say they got one DNA match. I don't think I have heard them say there was only one source of semen in her. Maybe she had three different kinds in her.


149 posted on 05/18/2006 9:41:13 AM PDT by ladyjane
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To: Jezebelle
I would think that they would want to testify, otherwise all she has to do is get on the stand and breakdown and cry and there goes the jury. I just was worried that they could not sue her because the charges are still pending, so how could they argue a false report when it hasn't been determined to be so in court. It just seems unfair that she could sue them.
150 posted on 05/18/2006 12:22:06 PM PDT by old and cranky (You! Out Of The Gene Pool - Now!)
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To: old and cranky

A civil case is independent of any criminal case. The criminal case will not reap a finding that the report was false, even if that became evident, which it very possibly could. She would have to be charged with that and convicted of it before there would be a criminal finding of responsibility. Nifong would never bring such a charge against her because her defense might well be that he pushed her into the identifications and advancing the complaint for his personal political reasons, ie., the election. So, if it doesn't come out in a civil suit, it won't come out, at least not in terms of her being forced to take responsibility for it and implicating Nifong in unethical and perhaps criminal conduct. She would be deposed, which can be done by video and, then if it goes to trial and she turned on the tears, all they'd have to do is play the video in which she got nasty (probably) and implicated Nifong. A person doesn't have to be charged for a criminal act in order for a plaintiff to bring a civil suit for the unlawful conduct.


151 posted on 05/18/2006 12:47:07 PM PDT by Jezebelle
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To: ladyjane

Okay, I understand what you're saying now, although I had not heard that (about the three), but I'll take your word for it. I'm surprised there wasn't a lot more discussion about it.


152 posted on 05/18/2006 12:50:16 PM PDT by Jezebelle
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To: Jezebelle

I was surprised there was little discussion also. In the Kobe case there was much discussion. Why don't the media ask the same hard questions they did about the Kobe accuser?


153 posted on 05/18/2006 3:25:26 PM PDT by ladyjane
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To: Locomotive Breath

It would seem to me that the judgment would go forward and attach any assets he gains in the future. If his parents are wealthy then he's wealthy sooner or later. In the meantime he's essentially bankrupt. Any lawyers here know the answer?



I thought maybe not just assets but future earnings.


154 posted on 05/18/2006 10:44:21 PM PDT by Waterfall
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To: Constitutions Grandchild

Would it be like the uncontested civil suit against Robert Chambers in the Preppie Murder?

http://www.cbsnews.com/stories/2003/02/26/48hours/main542156.shtml

Chambers claims to have no money of his own. He says he wants to earn a college degree…and find steady work. He owes the Levin family $25 million, the result of an uncontested civil suit. And if he lands a job -- any job -- 10 percent of his pay goes to the Levins for the rest of his life.


155 posted on 05/18/2006 10:56:24 PM PDT by Waterfall
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To: ladyjane

I presume your question was rhetorical, but I'll answer anyway.

The answer is because the races are reversed in this case. The "victim" is black and, even more compelling, a single mother, struggling to make ends meet, now hiding in terror due to the vast number of (wholly undocumented) threats she has received. Of course, the only documented threats have been against white Duke students, and the only documented violence perpetrated so far has been against white Duke students.


156 posted on 05/18/2006 11:55:43 PM PDT by Jezebelle
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To: writmeister; Locomotive Breath; Protect the Bill of Rights
In re Simeon:

That was on April 9. A week later Simeon asked Nifong to go to court to relieve Kim of the obligation of paying the bail-bond fees, arguing that she was no longer a "flight risk." Nifong agreed, as did the judge. Simeon told NEWSWEEK he went before the Durham Committee on the Affairs of Black People, a very influential group, and urged them to vote for Nifong. Simeon says he has also been giving Nifong fashion advice, telling him to lose the plaid shirts and to start wearing black suits, light shirts and power ties. Women like power, Simeon says he told Nifong.

157 posted on 05/20/2006 5:33:30 AM PDT by Alia
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