DA Plans To Proceed With Case Despite No DNA Matches (D A's Hope Community Healing Can Begin)

WRAL.com ^

[RSmithOpt]

RALEIGH, N.C. -- Durham County District Attorney Mike Nifong said he plans to move forward with his case against three members of Duke University's men's lacrosse team despite DNA results that do not match evidence collected from a woman who says the athletes raped her......(excerpt)

[Mo1]

He's still going to proceed ??

[Prysson]

Of course..this is his opportunity to show teh black community that he isnt a racist. The guilt or innocence of these players is nothing compared to his political future and his reelection bid. This is a high profile race case..too much publicity to just drop it.

[SouthernFreebird]

WTF??????

[robertpaulsen]

"He's still going to proceed ??"

"Appointed district attorney in April 2005, Nifong will face his first election in May."

'Nuff said. He needs the black vote.

[Hoodlum91]

I predict this will go away when the victim can't identify which 3, out of the 40+ players, were the attackers. There's no way the DA can prosecute all of them and expect to get any convictions.

When this case first came out, the DA made a statement that he would go forward even if the DNA wasn't positive. Leads me to believe 1) that he thinks he has other evidence and 2) he didn't expect to find DNA.

[lexington minuteman 1775]

Perhaps the DA is talking to Dan Rather about how to proceed with something even though you have no actual evidence to back it up.

[armydawg1]

Of course he will proceed, the criminals are white, the innocent stripper is black. There can be no doubt this is not only a normal rape, but a HATE RAPE as well.

I hope these three players sue Duke University and Durham for every cent they have. DNA doesnt lie, but.......PC takes precedence.

[AntiGuv]

This is what the DA actually said:

"I intend on doing exactly what I've been doing the whole time," Nifong told a CBS News reporter Monday night who asked if he intended to move forward with the case. "If that's what you define as moving forward, then yes."

[altura]

Sometimes you've just gotta admit defeat.

And, maybe say you're sorry.

This should all have been done before publicity and indictments.

[PzLdr]

Assuming there is DNA evidence of a sexual nature, it would be unethical to prosecute the defendants if they were the only parties named by the complainant as her attackers, since a prosecutor should prosecute cases he believes he can sustain by proof beyond a reasonable doubt.

On the other hand, a lack of DNA evidence does not necessarily exclude an alleged defendant from the commission of a sex crime, since he may be a "non-secretor". This presumes the DNA evidence relates to semen, and not hairs, etc.

If the defendants conceded sex, but claim it was voluntary, DNA evidence is immaterial, since the only issue for trial would be consent.

[maggief]

WRAL poll:

Defense attorneys for Duke men's lacrosse players say DNA samples do not match evidence recovered from a woman who claims she was raped by three lacrosse athletes. Should Durham District Attorney Mike Nifong proceed with the criminal case?

Choice Votes Percentage of 2720 Votes

Yes 407 15%
No 2036 75%
I don't know 277 10%

Thank you for participating in this unscientific poll.

[reelfoot]

Yeah, why let evidence deter you when you've already made up your mind and your liberal buddies are anxiously hoping for a "mean white perpetrators, innocent black victim" cause célèbre? Now it looks instead more like a run-of-the-mill dog-bites-man story instead, something that will not interest the NY Slimes, Washington Compost, Atlanta Urinal & Constipation, etc.

In a nation of laws and honest prosecutors, the woman who brought these false charges would immediately become the subject of prosecution. But, hey, that doesn't fit the template the lamestream media wants.

[RSmithOpt]

I can't believe it either....seems as though everyone jumped in on the Liberal and 'other than white' and other than male to convict these kids that seem to be at this point, to be innocent. So, in order for the racial bigots that paraded around looking for 'victims', can't, at this point, slam the kids, slam the university, etc. Notwithstanding the egg all the heck all over the MSM all across the nation that 'turned up the heat' on this story to promote the plight of 'a poor - abused - it's not her fault - minority victim woman'.

Does nothing but turn my stomach of how the MSM loves to 'see' such stories hopefully be true.

[maggief]

EXCERPT from the article:

Answering questions from reporters, defense attorney Joe Cheshire did say that DNA of two of the men was found on a towel and on the floor of the bathroom, but that it was not in any way related to the DNA found on the alleged victim.

"The bathroom where this DNA was found happened to be the bathroom of the two boys," Cheshire said. "And any expert and any person in the world will tell you that your DNA is in your bathroom."

[JamesP81]

Durham County District Attorney Mike Nifong said he plans to move forward with his case against three members of Duke University's men's lacrosse team despite DNA results that do not match evidence collected from a woman who says the athletes raped her

DA's don't give a damn about guilt or innocence. He wants to put another notch on the butt of his pistol, and when he financially ruins the defendants with attorney's fees and smears their reputation to the point they'll never get a decent job, he'll consider that their just desserts for crossing his path.

It's a good argument for a loser-pays system in criminal law as well. If he fails in this case, and it looks like he will, the defendant's attorney's fees ought to come out of his department's budget, or better yet, his personal money.

[RSmithOpt]

Thanks for the post. My 2 cents is in the 75% grouping as well.

[JamesP81]

I hope these three players sue Duke University and Durham for every cent they have.

If I were one of the players I would definitely file a civil action against the stripper for destroying my reputation.

[mass55th]

"I predict this will go away when the victim can't identify which 3, out of the 40+ players, were the attackers. "

They should all shave their heads and grow beards.

[RSmithOpt]

You betcha'....meanwhile, while the community is seriously distracted by trumped up race baiting stories heavily promoted by the Libs, the crooks in government continue to push through the needed lesgislation to continually fleece the taxpayers.....and move us ever closer to socialism......notice the Pro-Illegal march coverage, versus the non-coverage of the stories of the illegals attacking the counter protesters in 2 cities by the MSM???