DA's statements, record at odds (DukeLax)

News & Observer ^ | June 15, 2006 | Joseph Neff

[abb]

In the early days of the Duke lacrosse rape case, Durham District Attorney Mike Nifong's public statements appear to have contradicted certain facts in his own files.

After an escort service dancer said three men raped her at a lacrosse party, Nifong talked frequently with national and local reporters -- 50 to 70 interviews consuming 40 hours of his time, Nifong estimated. Nifong then went quiet in early April, refusing most interview requests.

A comparison of his words with documents that Nifong gave defense lawyers show that Nifong made what appear to be misstatements about condom use, a purported struggle and a 911 call made by a second dancer, among other things.

Nifong said the assailants might have used condoms; the accuser told an emergency-room nurse none were used, according to a defense filing. Nifong described a violent attack in which the accuser was choked and struggled to breathe; the accuser told a nurse she wasn't choked, the filing said.

Defense lawyers have filed some of the documents in court and characterized others, such as the medical exam, in affidavits.

Nifong declined through an assistant to answer questions Wednesday.

"Either he knew what the facts were and misstated them, or he was making them up," said James Coleman, a Duke law professor who has publicly requested that Nifong remove himself from the case. "Whether he acted knowing they were false, or if he was reckless, it doesn't matter in the long run. This is the kind of stuff that causes the public to lose confidence in the justice system."

[pepperhead]

Kim pushed CGM out of her car and into the street, and then had to wrestle her back in!

Why push her out of the car and put her back in. I think Magnum is just a crazy liar.

[Law is not justice but process]

I personally think it would have been a minor story if Nifong had not stoked the flames by releasing all the information from the investigation. I guess we can just agree to disagree on that point.

[abb]

Look carefully at the issue of Nifong and the SANE report. IF Nifong talked to someone BEFORE the actual SANE report was received, those conversation notes HAVE NOT been turned over to the defense. However, the law compels them to be turned over to the defense. If Nifong tries to spring the conversation in court, yet it has not been "discovered," wouldn't such conversation NOT BE admissable?

Therefore, I suspect we will find out shortly just where the "injuries consistent with sexual assault" language came from...

[maggief]

It's just a tad different than Lil' Kim asking for the AV to be treated with respect, LOL. (Note: Odd/guilty? statements from Kim, "I really felt bad ... she (AV) didn't do anything wrong. I didn't want to see her in the back of a police car.")

http://johnsville.blogspot.com/2006/06/duke-lacrosse-scandal-spin-dancer-etc.html

WILLIAMS: Roberts says this is what happened next: The players continued to make racial insults. Roberts threw angry words back at them mocking their manhood. Eventually Roberts called 911 from the car, in tears, to report that the young men were calling them niggers. Then she drove the barely conscious dancer to a grocery store parking lot and got help from the police. When police arrived they assumed the woman was drunk and tried to revive her.

ROBERTS: They tried to give her smelling salts and the smelling salts didn't work.

WILLIAMS: And they put her in an ambulance..

ROBERTS: em em (negative) a police car

WILLIAMS: Oh a police car, and you drove away?

ROBERTS: They said, and, and, I made sure, I said it so many times because I really felt bad so I asked many times if they would please treat her with respect and she didn't do anything wrong. I didn't want to see her in the back of a police car.

[ltc8k6]

Maybe she pushed her out and drove off, then felt guilty and came back? Nah, Kim wouldn't feel guilty I don't think.

I dunno, it's hard to fit all the various tales into any cohesive story.

Trying to figure out what happened on the way to Kroger is tough. We have no word about that at all, do we?

The N&O did an extensive interview with Mangum and only printed a bit of it.

So, we probably have yet another version of the events on record.

[maggief]

I wonder how long it took Himan to pick up the records from Durham Access?

[bjc]

Does the court not have to deal with any defense motions? It seems that the motoins dealing with the non-production of evidence should require some more timely response.

[Fido969]

Oh, it looks like this boat is going down.

Well, they will crucify a white male before this is all over. Not the one they originally set their sights on, but and good-sized trophy for the MSM will do.

[ltc8k6]

I can't figure why Kim left 610.

The LAX players were leaving because she said she had called the cops.

Supposedly her passenger needed help.

The police will be there in minutes.

Why leave?

Why delay the help to CGM for so long when the cops were already on the way?

[maggief]

Kim could have pushed her out of the car to go back and get the MONEY.

http://johnsville.blogspot.com/2006/06/duke-lacrosse-scandal-spin-dancer-etc.html

WILLIAMS: Roberts says the other dancer soon joined her in the car. Some men came out to demand a refund because the women had danced for fewer than five minutes. She says the men also made racist comments. Roberts says the other dancer got out of the car and went back inside to get a purse. Roberts nervously waited in the car, chain smoking. She's unsure how much time passed. Roberts went back into the house to look for the other woman, but didn't see her. It's during this time that the rape allegedly occurred. When she returned to the car, someone yelled that the other dancer was passed out on the porch. Roberts asked the men to help woman get to the car.

[maggief]

Why leave? Outstanding warrant.

[Locomotive Breath]

Because Kim was in violation of her parole and the cops were looking for her. That's why the 1st 911 call in which Kim called the cops was anonymous and why Kim tried to push Crystal off on the Kroger security guard. At the Kroger, Kim pretended to be a good Samaritan and got away without being ID'd but the cops caught up to her eventually.

[Law is not justice but process]

" shouldn't a good DA take a witness aside and say something like...."

I have had dozens of such conversations. When you suspect the accuser may be lying, it is easy. Usually they are as glad to be out of it as you are, since they never intended it to go that far to begin with. The tough ones are when you have a victim that you are convinced is telling the truth, but you know you could never get it past the jury. Often attackers pick their victims carefully, only targeting those who few would believe to begin with. This is particularly true with child molesters. They often pick the "troubled youths," who have bad records and little parental support. They are unlikely to report attacks and even less likely to be believed if they report it.

I took one of those iffy cases to trial once, and it was probably the victory I am most proud of. The victim was a kid who was always in trouble, and a neighbor befriended hi, then molested him. I supported his story with very compelling testimony from the mother and aunt about how his behavior changed afterward. Fortunately for me the defense attorney was a buffoon who cared more about his own ego than his defendant. The jury did not believe a word of his closing. I gave a "predators target the weak" closing. The jury foreman later told a friend of mine that there was a lot of dissension on the jury at first, but they settled down after lunch when the foreman asked the head of the opposition if he believed something happened. He said yes, and they sorted it out from there. The judge gave the guy a light sentence, but he went to prison.

Before that trial I sat down with the victim and his parents and told them how bad it would be. I told him some of his past indiscretions would come out. I told him he would have to get in front of a room full of people and tell how he performed oral sex on the defendant. He looked me in the eye and said he would. I believed him, and so did the jury.

I suspect if Nifong had that talk with his defendant now, her response might not be so believable.

[Hogeye13]

Don't you mean false information about the investigation. Because it doesn't appear that much of what he released had a shred of truth to it.

[JLS]

If anyone doubts that pressure is building on Nifong in Durham, I would think his campaign manager switching sides to his potential opponent this November should change their mind. The pressure is building day by day and I half think that any day now Nifong will be bunking with Mangum.

[JLS]

here's a question for you....isn't it part of the DA's job and responsibility to go after cases that he can actually prove or at least has a chance to prove....

shouldn't a good DA take a witness aside and say something like...." Missy, there is no DNA, there are no injuries, you didn't even pick out the guys properly, you didn't say you were raped until much later and you also claimed that the other Whore helped rape you as well.....if I take this to trial, you WILL be crucified on the stand, and I WILL put you on the stand....now, do you still want to go on with this?

Nifong needed votes. He did not care about justice, winning the case or anything else. His only goal was to win his primary. He barely did that.

[Law is not justice but process]

"It is amazing to me that I can have my kids stripped from me by an absurd accusation, three innocent college kids can have their lives torn apart by the lies of a drunk hooker, but murderers get away a third to a half of the time."

All that has been proven in the Duke case so far is probable cause. The accuser's story is enough for that. I suspect the conviction rate in this case will be zero. There are far more arrests in the United States than convictions (O.J and Robert Blake were arrested, but are not among the 60% convicted of murder). I am still convinced the system will work in this case. If there is a bad actor here, it is the accuser if she lied and the D.A. who has left the appearance (if not the reality)that he used the publicity in this case for political advantage. It is not the entire system, but two individuals.

As for taking children away on absurd allegations, that is another issue altogether. The thought is children are too vulnerable to risk leaving in harms way, even if the evidence is weak. Assure the children's safety first, then sort out the truth of the accusation later. This approach far too often traumatizes children (and parents) for claims later proved to be unfounded. Fortunately I never have to make those calls. Those calls are for the family court judges. But the child welfare system scares me sometimes as well.

[maggief]

Video link for reference:

http://www.wral.com/video/8623846/detail.html

North Carolina Central University Forum

North Carolina Central University hosted a forum Tuesday (April 11, 2006) to discuss the investigation into an alleged rape by three members of Duke University's men's lacross team. (Runs approximately 45 minutes.)


(Panelists included Nifong, Durham Mayor Bill Bell, Durham City Councilman Howard Clement, N.C. Central Senior Class President Deondra Ramsey and Duke Student Body President Jesse Longoria.)

[ltc8k6]

She could have played good samaritan at 610, couldn't she?

The first thing Kim says to Shelton is that she made the call at 610.

So what's the difference?

[Hogeye13]

As followup to my previous statement, it appears that if it wasn't for the false information that Nifong was putting out, he wouldn't of had much at all to say to the media about the case. He sure wouldn't have needed 70+ media interviews to say it in.