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.
I would love for Titus to get that message. I just don't know how to deliver it. This case has been criticized by talking heads coast to coast - on TV, in print, on blogs. Everyone seems to think it's an abomination except for Nifong, DPD, and judges like Titus and Stephens.
Maybe the N&O article will have some effect. It's local and maybe that will make a difference. Maybe if Titus thinks the tide is turning locally he'll be more receptive to the defense and not just cut them off like he did to Osborn last time.
Titus better not say he hasn't read the motions yet.
If he does say that, it means the fix is in, imo.
He tried a gag order already, which means he's still trying to operate in the dark; but it didn't work.
Those days are over.
From now on, everything he does will be exposed in full spotlight.
If his computer is a laptop, not desktop, I would not doubt that he is any different than every other you man I know...they take the darn thing with them everywhere they go. No way they would leave it sitting around a dorm room. My son wants to take it with him when we go to the grocery store, I mean otherwise the 10 minute ride would be SOOOO BORING MOM
God, I hope you're right!
Good Post !
I think it safe to assume the Durham Judges read the paper.
If you read the hearing transcripts, it was apparent Stephens knew about things he had no reason to know about yet. Just one example - Stephens says at the first setting to Nifong. I understand the phones are owned by a third party. Nifong indicates that he's doesn't know for sure that that's the case. Makes you wonder how Stephens knows more than the DA - supposedly.
Back to Titus, they can play dumb and plead ignorance, but there's not a person breathing that doesn't know that all the Durham Judges read the article by Neff in the N&O.
I think they know MUCH more, but we can all probably agree that they know what Neff reported on.
If I was a Judge and I knew things had been misrepresented. The DA had made many false statements in public, and shifted his position and the test results came in, etc. - I would proceed very carefully and want to distance myself from the prosecutor and be vigilant in regard to the rights of the accused. We'll see, but I think it would only be natural for the Judge to be cautious and wary.
I think CondorFlight is correct in that some of those Judges are coming to the understanding that there's going to be some oversight - something they've never had before.
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It apparently does not matter. The DA controls the court calendar and that is apparently enough to neuter all NC judges?
propping up the big Democrap named Nifog is keeping the Democrap party from admitting one of their own is a raving ambitious political hack who would rather send three young men thru hell than admit he's wrong...
protecting Nifog 's case is protecting Nifog, which means its protecting the Democraps....
but i think statewide, they better look out ......the general population is not going to like the farce IF it manages to get to trial....
yes, good ol' Hippa can be your friend.....
nifog wants all the young men to be tried together because it'll be " those richy, whitey college boys" vs the "poor, struggling black college coed" AND the the poor, struggling black coed will only have to tell her story ( lies) just once........
If Titus gets up on the bench and hasn't read anything I will be beyond pissed. Somebody should tell him that judges are supposed to make rulings, not just sit there in a big chair wearing a black robe.
What about this case getting a special designation? Then as opposed to a bunch of judges passing the buck they'd have one judge hearing everything and that would speed things up. In theory, anyway.
That's his only hope. To make the guys look like spoiled, out of control "hooligans" with "rich daddies". That's what he's going for.
http://www.heraldsun.com/opinion/hsletters/
Nifong has failed
Your Aug. 1 editorial commended D.A. Mike Nifong for stating, "I have not backed off from my initial assessment of the case." This remark deserves scorn, not praise.
First of all, Nifong's claim is untrue. He went public with his initial assessment of the case on March 27. He deemed DNA evidence so vital that he secured a court order to obtain samples from 46 white lacrosse players, promising that negative tests would "immediately rule out any innocent persons." But after the tests produced no matches, Nifong changed his assessment entirely, expressing comfort with the "good old-fashioned way" of witness testimony without DNA corroboration.
More seriously, Nifong's boast reveals a dangerously closed mind. The evidence gathered after his "initial assessment" on March 27 included medical reports from Duke and UNC that undermined his previous public claims; a multi-faceted violation of procedural norms in the photo ID session used to identify his suspects; and electronic evidence of various types proving that one of the players Nifong charged, Reade Seligmann, was either on the phone or a mile away at the time of the alleged attack. Section 3.8 of the state bar's ethics code defines the prosecutor's role as a "minister of justice," not simply an advocate.
Surely a "minister of justice" must remain open-minded to new facts as they become available and be truthful in his statements to the public. Nifong has failed on both counts.
KC JOHNSON
Brooklyn, NY
August 11, 2006
Good job DA's office
Kudos to Prosecutor Jan Paul and the Durham district attorney's office for a successful prosecution of serial animal-abuser James Warren Robbins ("Judge throws book at suspect in Durham cruelty-to-horses case"). Durham County Animal Control has spent thousands of hours investigating Robbins over the years in a number of animal cruelty cases, and their hard work finally paid off with Robbins' conviction after a zealous prosecution by Assistant District Attorney Jan Paul. DA Mike Nifong created the Protection of the Family Unit soon after taking office, and assigned Jan Paul to lead that unit. Recognizing the strong link between violence against humans (particularly women and children) and violence against animals, DA Nifong gave responsibility for animal cruelty cases to ADA Paul. This kind of proactive thinking has resulted in an important victory for the District Attorney's Office, Animal Control, and most importantly, the citizens and animals of Durham.
KIM WILLIS
Durham
August 11, 2006
Too much information
http://www.newsobserver.com/580/story/469659.html
Correcting the Record in the Duke Case
http://blog.washingtonpost.com/benchconference/2006/08/correcting_the_record_in_the_d.html
Good letter from KC Johnson. And I agree with the guy who wrote to the HS about the privacy issues. I suppose the information was relevant but it still seems like an invasion of privacy.
I'm not sure what Kim Willis is thinking. Yes, what a relief it must be to know that Nifong is protecting humans and animals in Durham. Please. Nifong is only interested in one thing - Nifong.
Thanks, abb. That Brooklyn writer sure said it well.
I think that's the KC Johnson that does this blog.
http://hnn.us/blogs/entries/29040.html
Correcting the Record in the Duke Case
http://blog.washingtonpost.com/benchconference/2006/08/correcting_the_record_in_the_d.html
Mr. Cohen's columns are undoubtedly the most misleading, incomplete and incoherent of any that I have read on the Nifong Prosecutorial Misconduct case (a.k.a the Duke LAX rape hoax). It is mindboggling that the Washington Post is still allowing him to produce a column. He clearly just "mails it in".
WoW, if Nutfig can't win over Estrich then he's really in trouble.
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