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.
Ya got me on that one...
Neff seems the best of the local bunch, and John Stephenson the worst, to me.
I think it's been that way because Reade and Dave's attorneys have been much more public in defending their clients. We've all seen Reade's alibi evidence and Dave made an incredibly impressive statement on behalf of himself and the team.
Collin's lawyers have been very quiet. He's basically been "undefended" in the court of public opinion. The first time I heard anything about his defense was the interview his parents did and they didn't give any details. I actually think that's smart but it's trial tactics and there are pros and cons. The pros are that it doesn't give anything away to Nifong. The cons are that the public can't judge how good his alibi is right now because we don't know what it is.
I can't really judge how much jeopardy Collin is in because I don't know how strong his alibi is and I don't know how good of a witness the accuser will be. The one thing that hurts Collin is that the first time the accuser saw his picture she ID'd him right away and even got some tears going. On the other hand he doesn't look anything like the perps she described.
The one thing I disagree with you on is Collin's looks. I think they'll work for him because he looks like a cute little boy. I can't even begin to count the number of women who have told me Collin looks like their son or their brother. It makes them feel protective of him and that's a good thing.
He already answered some questions.
She messed up...she should have said just one raped her.
Looking for 3 DNA's in three Body places didn't pan out because her story is simply a pile of cr**...Her whole life is a pile of cr**.
But a jury might believe that she got it wrong with Reade and Dave but she is right in her ID of Collin. They don't get convicted or acquitted as a package deal. I agree with you - if she's wrong on one it makes me think she's just plain wrong and I think most people feel that way. If she's wrong on Reade, I'm not about to trust her on Dave and Collin. But you never know what a jury will do.
Good point. WHoever put together those original photo arrays is going to have a hard time explaining it on the witness stand without completely blowing Nifong's case.
I question it because it makes no sense at all. The change in the dates of the memo makes it even more certain that the trauma he was referring to was the beating she got after her visit to Duke. He did not have the medical report until the next day. And if he had received any prior information from the Duke examination it was a violation of federal law and should be investigated and prosecuted. Understand, he did not know about diffuse edema until the next day.
jennyd, While I totally agree with JLS's analysis he did not convince me of anything. I figured it out all by myself and the correction by the N&O confirms that he and I were correct. Review the timeline of what Nifong new. The only nonsense at this point is to think he was talking about diffuse edema. He didn't know about it unless someone at Duke broke federal law.
This one needs posting...
http://blogs.newsobserver.com/readers/index.php?title=the_lacrosse_story_error&more=1&c=1&tb=1&pb=1#comments
Comment from: quite a cush job [Visitor]
08/09/06 at 22:29
This is cross-posted to the Readers' Corner blog:
Public Editor Ted Vaden is now finding out just how little NandO readers think of his integrity and his work as an ombudsman.
Nobody is really sure what a “Public Editor” is supposed to do, but we’re pretty sure it isn’t what Mr. Vaden is doing now. Which is using isolated reader’s comments as a thin pretext to snipe at and second guess Melanie Sill and the other actual Editors.
It would seem he would be far better to reflect accurately what the readers are interested in. Like for instance, the Lacrosse story which since Mr. Vaden has last deigned to cover the topic _4 months ago_ has generated over 1000 comments on the N&O blogs. Probably 10-times more postings than all other topics combined.
Now Mr. Vaden is preparing to address the Lacrosse topic again, but only so he carp about and luxuriate in a single incorrect detail, which was rapidly corrected in Joseph Neff’s story this week.
But of course, Vaden couldn’t care less what the readers are interested in; he has just been waiting in the shadows for Sill to screw up so he could point out what a better job he would do. As a former Editor himself, Mr. Vaden seems intent on turning his column into “that’s-not-how-I-would-do-it” vanity project.
This reader would like to point out that NandO already has an Editor, and doesn’t need an Editor-in-Exile (or as I’m sure Vaden would prefer to see it an Editor-in-Waiting).
What it could have used these last 4 months was a voice for the readers’ concerns, about the feeble and limited way the N&O has covered the Lacrosse story.
We could have used an alternative inside perspective. Not a decrepit symbol of the cluelessness and arrogance of MSM journalists and a (barely) living reminder of the reasons for the impending death of newspapers.
I'm sure Crystal saw the Wanted Poster as soon as it came out.
Also, rumor has it Crystal was google checking out the lacrosse team. Of course that's just rumor.
This was a chance for Crystal (and her boyfriend) to score big money. You just *know* she saw those pictures beforehand.
To me, Collin is the most "unique" looking of the team. I can believe that he would have stood out to Crytal (i.e., she remembers seeing him at the party). So, she was SURE that he was there. Also, he reminds me of Prince Harry a bit. We all know what a rogue he is.... I guess I'm just not surprised that he would have been picked-out. Also, I'm sure you all are correct about Nifong talking about vaginal trauma...but my first thought was that he was talking about the injuries to the foot, leg, ankle, whatever that showed up in those photos, and that the defense team was saying were present when she arrived at the party.
To me, the whole case hinges on the timeline and the credibility of Crystal. Because there is NO physical evidence, the prosecutor now has to resort to prove a rape is even possible and then try to figure out if the Duke 3 were even in the vicinity.
This is why I believe DE is at the greatest risk: his DNA was found and he was there (it's his house).
Knowing what we know now about the Durham jury pool, I would be very nervous about going to trial, no matter what the exculpatory evidence. You could have video tapes of the dukelax guys 100 miles away from the scene and I think Nifong could find a juror that would vote to convict.
That may have been what Nifong considered his ace in the hole - the reason he has kept this case alive.
Of course, this is just me speculating...
http://boards.courttv.com/showthread.php?s=&postid=8358650
Check out Charlotte's 10 point hatchet job:
Since this thread is supposed to be about unanswered questions in the case, I have a few.
1) Why has Kirk Osborn acknowledged that the crime may have occurred?
2) Why did cab driver Elmostafa originally say that it was either Reade Seligmann or Robert Wellington who made the "she's just a stripper" remark, but then later attribute it to a different group of players in his cab? Why did he describe RS -- twice -- as the "taller and heavier" of the two, when he isn't? Why didn't he just mention the hair color of one vs. the other, since RS has dark brown hair, and RW is blond? Why are there so many other discrepancies and changes to Elmostafa's public statements?
3) Why did the AV have tenderness in her breasts and lower right quadrant (which is the area of her torso containing the lower part of her right kidney, part of her colon, her appendix, her right ovary and possibly part of her uterus and bladder)? Tenderness in the breasts is a recognized hallmark of rape, and tenderness in her "lower right quadrant" goes against the assertion that she had "no abdominal tenderness." The lower right quadrant is most certainly part of the abdomen and is, by definition, "abdominal." There was abdominal tenderness reported by Duke hospital, why is it being touted that there wasn't?
4) What was the evidence found in two other searches of players' residences that led police to believe that certain other evidence would be found in Collin Finnerty's room? The warrant for searching his room states that evidence seized in two prior searches did just that.
5) Why did the search warrant for Collin Finnerty's room list a computer and a veritable host of computer-related items to be seized, but there was no computer or related items in his room when they got there? Are we to believe that he did not own a computer at college? Why were these items removed from the premises by the time of the search? Where did they go?
6) Why did the search warrants for the different locations list clothing belonging to the AV in the items to be seized? What clothing was she missing? It wasn't the shoe -- that was listed elsewhere in the warrants, as "property" belonging to her. Her clothing was classified us such, separately from the shoe. Apparently, she didn't have all of her clothing when she was removed from the car in the Kroger parking lot. Were these the "undergarments" that she didn't have on, as written by one officer? Or was there more clothing involved that we don't know about?
7) Why did early reports of the party photos say that she was wearing a red and black lace outfit?
8) Was her very long hair pinned up behind her ears when she arrived at the party, as Bissey says? Then when did it come down? Did she take it down herself prior to starting the show, or did it come down during a struggle?
9) Why didn't Bissey notice or at least mention a large, fire-engine red taxi van nearly being hit by Kim's car when she put her vehicle into reverse for several hundred feet after first starting to leave the scene? This took place right in front of the party house, next door to Bissey who was so carefully watching the scene. He saw the dancers get into the car, saw the car drive away, but didn't see (or consider it worth mentioning) that the same vehicle was thrown into reverse several hundred feet later, backed all the way back up to the residence, and nearly hit a very noticeable red taxi van with large white lettering all over it?
10) How did they get the passed out drunk player with the pulled-down, wet shorts out of the house when they split the scene in such a hurry? Was he carried out, pulled-down wet shorts and all?
I have other questions, but that's enough for now.
The CourtTV boards are worthless any more. I don't go over there but a couple of times a day. Freaks have showed up the last couple of days, making up stuff out of thin air...
It still has some yellow tape on the door and it looks like it is vacant.
I definitely share your concerns; however, if we keep pressuring the media, the eyes of the country will stay focused. With national attention, I'm not sure how off base the jury will go.
What a bunch of lies.
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