Posted on 08/09/2006 9:18:34 AM PDT by flixxx
There is a scandal now brewing in the Duke lacrosse case. I'm not even sure whether to call it a rape case anymore. You're about to see why.
Consistent with the procedure in North Carolina and elsewhere, the prosecution has to turn over its evidence to the defense to prepare for trial. There's still more to come, but the bulk of what has been turned over is troubling enough. It suggests a failure to follow standard procedure that is rather mind-boggling.
Consider: The District Attorney went to the grand jury for an indictment before he even performed DNA tests (it turns out there was no match). One of the investigators was still collecting prices for DNA tests while the DA was giving interviews. He announced to the press that he was certain that a rape had taken place before excluding the possibility that the woman's physical symptoms were the result of sex with another man (turns out she'd had sex with her boyfriend within the preceding 24 hours). They were still investigating the woman's whereabouts during the 24 hours leading up to the party, and they had already been to the grand jury. The prosecutor relied on a photographic identification procedure that reportedly violated the standards of his own department. If the discovery is any indication, his case is sitting on quicksand.
None of this means the woman is lying. But at the very least, standard procedure should have been to await the results of tests, and then, given the results, the inconsistencies in the woman's statements, the fact that at least one of the boys seems to have an airtight alibi, investigate further before indicting anyone.
Instead, the train had already left the station.
It doesn't matter anymore why the DA was so determined to indict. His critics will say it was just because he was thinking about his political career. His supporters will say he really believed her, and that a District Attorney has every right to be responsive to the community that elects him. My guess is he really did believe her, but it certainly didn't hurt that he needed to. And one thing is clear: He's not going to change his mind now.
That means this case is going to trial, unless a judge steps in to stop it, which is something that rarely happens.
And of this you can be sure: No good will come of it. Trials do not tend to be healing experiences. Sides dig in. Things get more contentious, not less. Tempers are bound to flare. Reliving the evening in living color is not likely to be pretty. Hearing the racial epithets again, rereading the e-mails, all of that will not improve race relations, even if it has nothing to do with whether a rape happened or not.
Even before that, there will be the questions of who serves on the jury and what counts as a jury of their peers. Shall we start counting how many minorities there are, how many "Duke" people, how many of "us" and how many of "them"?
If she takes the stand, she'll be slaughtered on cross.
If she doesn't, the prosecution doesn't have a chance.
No one will be convinced that the case was handled fairly.
If even one of the boys is convicted, there will be outrage in the Duke community.
If they're all acquitted, there will be outrage in the black community that three white boys got away with rape.
Conservatives will be outraged that three boys' lives were ruined because an ambitious prosecutor believed a lying "slut" (as in the nuts and sluts defense), which will be played to a fare-thee-well.
Victims rights advocates like me will be depressed because we will worry, rightly, about all the messages being sent to legitimate victims.
And what would have happened if the District Attorney had waited to go to the grand jury, followed the identification procedure, let the test results come in, found out about the boyfriend and investigated enough to learn that one of the suspects had an airtight alibi? He might have decided not to file charges at all, or not to file them against these three young men.
There are reasons you follow procedures. In general, they are there to spare outrage.
Oh God. Wendy Murphy will never admit anything. She has checked out of the hotel reality, never to return.
Even if the accuser admits she lied, Wendy will still say she was raped.
With Monks now running, what does everyone think will happen with the election?
So much depends on if a judge rules on any of the defense motions. IMO
Yea, except that their not caring if theres guilt is not the same thing as thinking theyre guilty.
All the a-feared pot-banging outrage that everyone's shaking about will not last more than a day or two, because you will have NO ONE in the national media to give it any weight and the average African-American will be embarassed as sh!t.
LOL! Anything like a hummer?
Students start move-in on Central Campus on the 21st, freshmen (close to the Buchanan house) on the 22nd, the rest of the students on the 23rd, I believe.
It doesn't take a fine, legal mind to figure it out, it just takes common sense. Maybe that explains why it took Estrich so long to see the light.
She will always be a partisan hack
Dean and Pelosi both have been screeching about "morals" and bringing "morality back into the party". I gather, the plan then is to do BY ANY MEANS NECESSARY to get their "Democrat" players elected, and THEN bring in the morality "play". OIC.
My concern is that Monks is going to split the vote. It seems to me this would favor Nifong. The anti Nifong people need to focus on one candidate. Now they have two. I'm not convinced that's a good thing.
Cynthia McKinney Loss Bodes Well For Durham, Duke Rape Case
http://www.postchronicle.com/commentary/article_21233201.shtml
What's PBF? Poor Black F-up? This guy was an NBA player for ten years. Last time I checked, the NBA gets a tad more coverage than lacrosse.
I say dream on. This will be added to the list of real and imagined affronts to blacks and we will hear it thrown out as evidence of indifference to crimes against unempowered blacks yadda-yadda-yadda. And, even if this case is dismissed before trial, NEVER will Mangum's name be mentioned in the MSM or by the talking heads widely.
Right and when it happens. Depending on what the judge rules any number of things could happen.
ROFLMAO!! I knew sooner or later someone would bite. PBF = Pot Banger Factor...
The next hearing is scheduled for that week. The week of Aug. 21st.
It is scheduled for the week of the 21st, but IIRC one of the defense lawyers asked if at all possible for it to be on the 21st because he would be on vacation the rest of the week. Does anyone else remember that request?
All of a sudden after reading these descriptions (for the umpteenth time) it occurred to me that in fact Precious could have been gang raped - not by "rich" Duke lacrosse players but perhaps by some "poor" football players from some other school. From the description they sound like hefty guys (perhaps hefty Durham politicians or LEO's!?) and Precious is reliving some old memories.
It has really become interesting and ironic that the timeline of the persecution abuse has become far more important than the timeline of the so-called rape of the FA. That timeline debate has all but disappeared since the article on Sunday.
Yes. Debate management 101. And as this is a trial by media, it's very important to always be on the offensive. When you stomp on the opponent's foot, it's hard for him to think about strategery...
I remember the request. I have one small nagging doubt that that request was made by an attorney in the motion to quash the subpeona part of the hearing????
I have been wondering if a dismissal at or after that hearing was a good time frame. My guess now is that it is not. All Durham and Duke need now is for a NJ family to take a wrong turn on move in day and end up as Reginal Denny.
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