[Andy from Chapel Hill]

I posted this on the other active Duke thread:

There is a ***rumor*** floating around here in Chapel Hill and Durham that a global settlement is in the works. This is why the defense is making rapid fire discovery motions, to increase the pressure on Nifong.

Key points of the rumor are:

1. Accuser admits drug and alcohol abuse clouded her recollection of events (flashbacks of prior 3-man rape) in a letter made public a day or two after she enters lengthy rehab. Social services takes over her case on behalf of her kids. She faces no charges if she completes rehab.

2. Charges against indicted Duke players are dropped.

3. No charges against boyfriend or drivers or Kim.

4. Duke party-goers plead guilty to various underage drinking charges and agree to community service and fines.

5. EVERYBODY signs a mutual release from future lawsuits and agrees to super-high liquidated damages if they talk or write about the case.

ALL OF THIS IS A RUMOR I HEARD FROM SOME LAWYERS IN A COFFEE SHOP. IT IS PROBABLY WISHFUL THINKING, BUT THERE ARE A LOT OF LAWYERS INVOLVED IN THIS COMMUNITY AND I AM SURE SOMEONE IS TALKING TO FELLOW, NON-INVOLVED LAWYERS.

Please don't flame me for putting this rumor out for FReepers to discuss. I have been a FReeper for almost 8 years and I generally dislike unsubstantiated rumors floating around, but this one may be an exception.



And, after a few replies, I posted this:


Thanks to everyone for not flaming me. I have always enjoyed the global reach that FR has and how we seem to have a local reporter everywhere a news event occurs. I can't defend or refute a rumor. It is one-sided, although one thing I left out was that Duke would *probably* let the players continue at Duke and also release them to transfer, if they wished to do so. Duke would not participate in the settlement, however.

One thing that was brought up was that the players are Durham residents for three more years or less, then they are going to leave the state, if they have any sense. Everyone else is here for the long run.

As an aside, the black folks I have talked to in the past week simply want this to go away. They read the same reports as everyone else and know there is little to no case to be brought. The drug/booze rehab part is the cover they want and the more radical part of the Durham black community will spend the next 10 years holding Duke ransom for sensitivity training and contributions to bogus town/gown events.

[milford421]

Hey, why would anyone flame you? Unlike the NY Times, CBS, ABC, etc., you clearly stated you posted unconfirmed rumor.

"5. EVERYBODY signs a mutual release from future lawsuits and agrees to super-high liquidated damages if they talk or write about the case."

This is the part I don't like. I would like to see Nifong punished and damages for the falsely accused.

Keep us posted on any new developments, won't you?

[MizSterious]

I have thought for awhile now that Nifong would do his best to make this case go away--quietly--now that the election is over.

However, as to your last paragraph--the New Black Panther rhetoric hasn't subsided. They're still "outraged" that "their" women are still being raped by white men, yada yada. I am not confident that they will be willing to let this one go.

[Founding Father]

#5 just doesn't make sense. The boys have all the leverage since this case will never go to trial. The should force the DA to resign in lieu of filing suit against him and the county.

[Candor7]

5. EVERYBODY signs a mutual release from future lawsuits and agrees to super-high liquidated damages if they talk or write about the case.>>>>>>>>>>>>>>>

Gone way to far for this, the defendants will never sign and will go to trial first.The boys have had to go home and lose a year of college.Somebody is going to pay, and it will be the taxpayers of Durham.Malicious prosecution is a likely guess on a suite for damages.

[JLS]

Very interesting post. I have a few questions:

1. This sounds to me like the outline of an "ideal" global settlement. I wonder why Mangum takes it? Nifong is in too deep to ever prosecute her. She has an opportunity to make some cash from Duke or someone in this. The players get the charges dropped. Duke gets no law suits against it. Nifong gets out of the hole he dug for himself. Durham avoids huge liability costs. Mangum gets nothing.

2. While you say Duke does not participate, they gain as if you can not talk about a case you can not sue anyone. So no one can sue Duke.

3. This settlement would require all the lacrosse players to sign on. Every single one on that poster or who had their DNA taken have a cause of action against Durham County. Now at one time this group was a team. But some guys have graduated now. Some may have lost job offers they previously had. I wonder if all of them are willing to give up a potential 7 figure judgement against Durham?

4. What about ethics complaints? Has everyone on FreeRepublic signed on to this deal too? Apparently anyone in the world can file a ethics complaint about Nifong with the NC bar or the state AG.

So I called it an ideal global settlement. You suggested maybe it involved some wishful thinking on some parts. I think you are right. I doubt that such a global deal could be done, but lots of things about this case have surprised me.

[don'tbedenied]

The mutual release usually wouldn't be valid in this case because dropping prosecution in return for a release is considered overreaching, at least in Ohio prosecutors expect the release to be worthless.

[ladyjane]

Interesting agreement. Sounds like something that might go over in Durham. The white boys get charged with something and everybody from Durham gets absolution for their crimes.

Since the white boys don't get charged with rape - that will be enough for hoodlums to start a riot and trash some stores.

Sounds like a great agreement. /sarc

[Ken H]

BTW, the "BS" comment was not directed at you or your on scene report! My guess is that the rumor is coming from the prosecution's side.

[connectthedots]

Nifong needs #5; and he is not going to get it.

He is so exposed to civil rights and defamation claims, it will force him into bankruptcy. He could easly face bar disciplinary action, with a somewhat lengthy suspension from practice. If so, he'd be forced out of his position.