Duke rape case set for 2007

Toronto Star ^ | May 19, 2006. 07:02 AM | staff

[Locomotive Breath]

The bigger question is whether a pathetic whore of an expert hired by Nigong will be allowed to speculate about whether the photos are authentic.

There is no question - count on it. And the problem will be that neither the judge or jury will know that he's "a pathetic whore of an expert". He'll look and sound just as credible as the actual expert hired by the defense who is trying to prove a negative - the photos weren't altered.

[Locomotive Breath]

That does seem to break that all important chain of custody doesn't it?

[streeeetwise]

That is where the integrity of the Judge would come in. The Judge is the gatekeeper on expert testimony, subject to judicial review. An expert has to have experience and build upon peer reviewed science or expertise. So, a retired FBI agent who had examined thousands of digital photos is an expert. A Durham detective who bought his first camera phone last year is not. While I am apalled by Nifong, I am not ready to conclude that every person of authority in Durham is without standards.

[RecallMoran]

I posted a new thread (my second, I believe) here:
http://www.freerepublic.com/focus/news/1636310/posts?page=1
I pinged some but not all of the duke lax ping. It's a barfer from the Washington Post (Pravda on the Potomac).

[Locomotive Breath]

I sincerely hope you're right.

[js1138]

Time and date information stored as part of the image would be a big plus for the defense.

Metadata is part of the image. Fiddling with it is way beyond the capabilities of ordinary mortals. There is no commercial program that would do it. It is possible that the timestamps are also in the camera. Not to mention, the images may have been emailed early on, providing another trail. If the images were emailed within the first couple of days, there is no chance that they could be altered without leaving a trace.

[streeeetwise]

Also, if the Judge is going to rule against Nifong he is going to have to crush him to protect his own reputation.

[ltc8k6]

I think it has already been demonstrated that the metadata is rather easily altered.

The key will be the watch in the photos, and Nifong is almost guaranteed to say the watch was set wrong on purpose, going by the other odd things he has said.

http://www.slate.com/id/2140303/

[streeeetwise]

but not if you have the device. they have the device.

[js1138]

I think it's going to be difficult to argue that the images have been altered. It's true that it can be done, but there are a lot of problems. suppose the camera keeps a record of activity, or suppose the images were emailed in a timely fashion.

Photographs are generally accompanied by testiomony, and the Duke students have a number of unindicted people to testify as to the timeline. You can't just alter one number in a file and expect to get a way with it. You have to change the whole sequence of images and make it conform to reality.

[Locomotive Breath]

Do we know with which what device these pictures were taken? Digital camera? Cell phone? I don't think we know something even that basic. Did I miss it? I agree that if we have the original storage media with the pictures still on them, then that's a big plus for the defense.

[bjc]

But the "explainer" does not say whether changing the metadata leaves a trace or trail of when the data was changed. Still he was definitive enough to make me want to see a definitive statement of what can and cannot be done with this type of image file.

Of course the strong plus here is that the time frame is already pretty well defined by independent observers - the neighbor, taxi driver, ATM camera. Still with the potential for a rogue DA, the more evidence you have the better.

[ltc8k6]

Yes, there is a lot we don't know about the pictures. The boys have smart lawyers and I am sure the integrity of the data has been maintained and experts will so testify.

Nifong seems to be betting that the pictures can be dismissed. Either because the boys had the camera(s)and could have altered the times, or because the pictures are digital and as such can't be relied upon.

My cell phone can be set manually, or I can let the network set the time, for example.

I would really like to see a clear picture with a watch in it.

[ltc8k6]

Yes, when you back out and look at the whole picture of the events that night, the photos are obviously genuine.

To reasonable folks, anway.

[snarkytart]

Thanks for the new ping.
Keep the new information coming.
;)

[bjc]

On a lighter note (no pun intended) Scientists appear to have made light go backwards

http://www.freerepublic.com/focus/f-news/1636346/posts

Perhaps Nifong can use this to explain the time line!!

[Constitutions Grandchild]

Didn't check the chat room over the weekend -- spent a wonderful first weekend back home (summer break) with son, a gift I am more and more grateful to have been given as each day passes. Am I understanding from the thread there's a chance a judge will throw out the photographs taken???

What can be done to exonerate these young men if that were to happen? Surely, surely, there has to be a way. How can this injustice continue. In our situation, I know, as the months passed, we kept saying surely someone is going to "snap out of it" and see that it's a scam but, sadly, there were no magic smelling salts.

[Locomotive Breath]

I made the statement (not the judge) that I was worried about the admissibility of the electronic photographs. We've been off on a tangent jawing about it since. No actual new developments on that front or, for that matter, on any other that I recall.

[Ken H]

Here's an article to consider posting as a thread:

In Duke Case, A Rogues' Gallery

By Stuart Taylor Jr., National Journal © National Journal Group Inc.
Monday, May 22, 2006

My rogues' gallery does not (in all probability) include any Duke University lacrosse player.

http://nationaljournal.com/taylor.htm

[GAgal]

New defense motions filed. Claim there was no tox report in the discovery they received.

http://abclocal.go.com/wtvd/story?section=triangle&id=4194520

Yet Nifong alluded to a date rape drug possibility in the Newsweek piece.