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.
Very true. I do recall that he had moved out, but I don't know when it was in relation to the search warrant being served. I remember that all the cops found was the letter from his girlfriend at Boston College and some other meaningless item, so obviously he was long gone by that time.
Good point. Thanks.
If a guilty verdict comes down, a fair judge would enter a directed verdict of not guilty.
It NEVER was a rape case! It was a race baiting, class envy ploy for votes.
Is there a fair judge in NC? I'm kidding, I'm kidding. I just don't like the ones I've seen so far. But that's really only two.
I didn't like Judge Wonkette up in DC either.
Actually, your point that I was replying to had nothing to do with appeals or anything after the trial. You said, "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." I was pointing out via the OJ case that national attention does not keep juries from going off base, especially a pro-black jury. Same for Michael Freako Jackson.
I really believe that he moved out when the harassment on campus began, prior to the Panthers showing up. Some may have moved back but he probably didn't, especially if after April 4 his attorney had been advised that he was a target.
And who would blame him? Is he supposed to stick around and be a whipping boy for a bunch of rabid race hustlers?
Very astute observation. Plus: My student said there were a "ton of people" around. Could DPD casually talking to a student might have been able to get some info? Would the roommate (who was there) have given up something?
Memo to self: Oh. Wait. That would have to mean that there WAS something to give up. Sorry. Just like Nifong, I was on the wrong track.....
A ton of cops were in the dorm? Or a ton of people - students etc? If it's cops, that sounds odd. Why do you need a ton of cops to execute a warrant on a dorm room? And they aren't supposed to attempt to question people they know are represented by counsel but they tried once before so who knows.
I doubt Collin's roommate gave anything up because there isn't anything to give up. What could he say?
Secondly, the defense is not going to let a potential land mine sit there waiting to go off at the time of Nifong's choosing.
If there were any bombshells, either the prosecution or the defense would have already made them known, IMO.
mark
A ton of non-students. Cops, my guess. DPD, DPD (durham, duke), Duke admins, etc.
**Worth repeating and further analysis*-- C. Michaels at abc11 today.
"So we have the DA, the police chief, the police chief speaking for
his boss - the city manager. Plus, we have at least two conservative
members of the Durham City Council who, if they didn't concur, would
be putting pressure on their employee, the city manager, to have this
thing scuttled some way, some how, because quiet as it's kept,
Duke U scares people here.
So as damaging as the discovery evidence is to the crediblity
of all involved in this case, key officials, as recently as this week,
are saying we haven't seen everything yet.
While those of you can't understand why this case hasn't been
dropped yet, the Black community is holding its breath, wondering
if ALL of these officials are lying through their collective teeth, and
why, unless they, in fact, do have something."
"...mix in a "corrupt" DA and police chief, city manager and City Council
who are willing to risk the largest civil rights violations lawsuit America has
ever seen (which means both the police and city attorneys must also be
in on the plot to get Mike Nifong elected), and viola,' instant scandal the
likes we've never seen before.**
If the young men are indeed the victims of a vile false prosecution
(and the defense attorneys insist they are) then Hell will hath no fury."
http://forums.go.com/abclocal/WTVD/thread?start=60&threadID=126353
** none of this would surprise a Durhamite. Get out your scorecards
and start counting heads.
In regard to Cash Michaels, he's giving credit to Patrick Baker?
City Manager Patrick Baker went on the record saying the woman never changed her story - and that HE'D KNOW - if she had.
Someone on the Durham Council came out immediately and excoriated the players and said they were guilty and that they would run to their Daddies.
Chalmers is the guy that - before finding out the Bald Man's identity - said the high standards of that department would put anyone that was involved or used those terms in jeopardy.
This is beyond stupid. Every politician in Durham is concerned with the black vote - their support in the black community and how they're viewed by the black community.
It's hard for Cash Michaels to understand how CORRUPT Durham could find a couple politicians that would go along?
Back to Reality: No one on the Durham City council knows what's in the case file. Patrick Baker the worst type of politician. He's running his empire and he has to answer to the Black community in Durham. His wife doens't work and he's got kids and Range Rover. Does anyone think he would take up the extremely unpopular case of a couple of arrogant Duke Students - and find himself out of work?
These people are concerned with preserving their Fat-Cat existence.
Politicians looked at a case and weighed which side would benefit them politically and then took that side.
Frankly, I'm shocked and appalled!
Ask him if he intends to keep up the pressure to tell the full story of the BALD man and Gottlieb.
August 21st is the next performance of the Durham Circus.
We ought to let Titus know that whereas before he could perform in private, the entire world will be watching
him a week from Monday.
And the entire world will be judging his performance. And there will be no hiding of any slight of hand. And if he thinks these are still the good old days when the Durham crowd could do what they wanted and get away with it,
he should be reconsidering.
Charges against him can be filed just as easily as charges against anyone else--and then his buddies are not going to be around to help him, because they'll all be out trying to make their own plea deal. (And don't think the whole of the Durham crowd isn't going down. The FBI is going to have to make themselves look good when they finally do move, and then they're going to have to save face, and they're not going to spare anybody in Durham. Raleigh--the governor, the AG, maybe; but not in Durham.)
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