I don't understand the late submission of these discovery papers either. If there are DVD's of the boys web correspondence, did Nifong "pick and choose" what he wanted to submit?
http://media.www.dukechronicle.com/media/storage/paper884/news/2006/10/27/News/Aclu-Panel.Criticizes.Nifong.Faculty.Response-2406745.shtml?sourcedomain=www.dukechronicle.com&MIIHost=media.collegepublisher.com
ACLU panel criticizes Nifong, faculty response
Joe Clark
Posted: 10/27/06
More than 60 students, faculty and Durham residents gathered to hear a discussion about the lacrosse incident Thursday night.
The panel, sponsored by the American Civil Liberties Union at Duke, consisted of Larry Holt, Durham Human Relations Commission chair, Stephen Miller, a Duke senior and Chronicle columnist, and KC Johnson, a professor of history at Brooklyn College and author of the blog "Durham-In-Wonderland."
The audience, which was predominantly made up of local residents, gathered to listen to the panelists speak, and pose questions, about the rape charges against three members of the 2005-2006 men's lacrosse team and the ensuing legal proceedings.
Johnson, who has posted extensively on the case since he started his blog in April, began by commenting on the media attention the alleged rape has attracted.
"One of the reasons this case has generated outrage is that the procedures of the DA's office were blatantly flawed," he said.
When Johnson emphasized that the one lacrosse player the alleged victim identified twice in a police lineup as one of her attackers was able to prove he was not in Durham during the week of the party, many in the crowd began to laugh.
"Corrupted procedures beget corrupted results," Johnson added.
Holt focused his portion of the discussion on incidents prior to the alleged crime and the lessons learned from it.
"Trinity Park residents have been struggling with issues of student drinking, public urination, loud parties and foul language prior to the lacrosse incident," he said. "You have what you could perceive to be a time bomb."
Holt noted that it is unfortunate that the alleged actions of a few students reflect poorly on the University as a whole.
Miller ended the formal discussion by speaking about his disappointment in Duke's faculty because, he said, they abandoned the team.
He focused his criticism on professors who signed an advertisement in The Chronicle calling the incident a "social disaster" and alleging a culture of racism at the school.
"The advertisement said that it doesn't matter what police said or what the evidence may be," Miller said. He added that he finds the material in the advertisement disturbing, and that actions such as these ultimately serve to hurt due process.
Sparked by a question from the audience, the panelists spoke about the ethics of Durham District Attorney Mike Nifong's handling of the case. Johnson criticized the judicial system of North Carolina, calling for a reform in the accountability of district attorneys.
"In North Carolina, the only person policing a rogue DA is the rogue DA himself," he said.
Miller said that the actions of Nifong are impeding on the rights of the accused lacrosse players. "You have an intellectual cancer where political agendas are more important than due process," he explained.
Some audience members weighed in on the discussion after the panel concluded. Senior Daniel Bowes, president of the ACLU at Duke and a former Chronicle columnist, said he was disappointed in the low student turnout, but added that he thought the panel was productive.
"The most important thing is to have discussion between Duke and the community," he said. "We wanted as many people to share dialogue as possible."
Jill Cunningham, a resident of Durham, criticized the administration's response to the incident.
"I don't think I'd send my children to Duke," she said. "[My husband and I] are upset that Brodhead isn't showing leadership, and it is affecting the community."
I hope the defense has some pretty good data miners: 3 DVD's of emails suggests that stuff may be hidden in plain sight. Plus at $250 to $500 per hour Nifong is doing his best to make the parents pay an ever escalating price for having the temerity to challenge him.