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1 posted on 04/11/2006 5:27:05 AM PDT by RSmithOpt
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To: Howlin

He's still going to proceed ??


2 posted on 04/11/2006 5:34:21 AM PDT by Mo1 ("Stupidity is also a gift from God, but it should not be abused." Pope John Paul II)
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To: RSmithOpt




WTF??????


4 posted on 04/11/2006 5:36:58 AM PDT by SouthernFreebird
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To: RSmithOpt

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.


6 posted on 04/11/2006 5:39:45 AM PDT by Hoodlum91 (Tour guide goddess)
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To: RSmithOpt

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.


7 posted on 04/11/2006 5:40:08 AM PDT by lexington minuteman 1775
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To: RSmithOpt

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.


8 posted on 04/11/2006 5:41:00 AM PDT by armydawg1 (" America must win this war..." PVT Martin Treptow, KIA, WW1)
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To: RSmithOpt

Sometimes you've just gotta admit defeat.

And, maybe say you're sorry.

This should all have been done before publicity and indictments.


10 posted on 04/11/2006 5:45:30 AM PDT by altura (Bushbot No. 1 - get in line.)
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To: RSmithOpt
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.
11 posted on 04/11/2006 5:46:43 AM PDT by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
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To: RSmithOpt

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.


12 posted on 04/11/2006 5:47:10 AM PDT by maggief (and the dessert cart rolls on ...)
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To: RSmithOpt

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.


13 posted on 04/11/2006 5:49:30 AM PDT by reelfoot
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To: RSmithOpt
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.
16 posted on 04/11/2006 5:55:02 AM PDT by JamesP81 (Ignorance of the 10th Amendment should disqualify a person from holding office or being a teacher)
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To: RSmithOpt
IT's important to add that during the course of the DNA investigation they swabbed the woman's body, 'orifices,' purse, cel phone, fingernails etc etc etc and FOUND NO DNA from any of the party-goers. Ipso facto, there is NO DNA evidence to suggest ANY of the party-goers touched her, grabbed her, restrained her, penetrated her etc etc AND the exam revealed there was no physical evidence the woman had endured vaginal or anal (sodomy was a charge) intercourse or injury. Sorry for being explicit.

Time to file a motion for dismissal. But then again, I don't think anyone has been legally charged with ANY offense.
21 posted on 04/11/2006 6:06:06 AM PDT by Blueflag (Res ipsa loquitor)
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To: RSmithOpt

Nifong knows he only needs to get past the May 2 date of the primary election (I gather there is not even a Republican opponent for the general election), without looking bad in front of his base (Durham DemocRats). So I will not be surprised to see him try to string the process out for another three weeks and try to keep it from collapsing before then.

So today he goes to NCCU and tries to take the temperature of the crowd. Are they baying for blood? Or are they being swayed by the no DNA results? Assuming they are still agitating for charges, Nifong then consults over the next few days with his key supporters and contributors to sense what their current feeling is on the case. If the base and his key supporters are still wanting him to go after the Duke students, then Nifong takes his case to a grand jury and gets a true bill against three of the players, probably going after the ones who lived in the house.

During this time, Nifong publicly says little substantively about the evidence but does go to great lengths in interviews to talk about how people should let the justice system do its job, etc.

Weeks pass with little happening publicly, as the two sides prepare for trial.

Then, after the May 2 election, and probably well before trial, the case collapses, perhaps with the DA announcing that the charges will be dropped because the accuser is not willing undergo the trauma of having to testify, just wants to put it behind her, and the DA says he is not so inhumane as to force her to go forward.


23 posted on 04/11/2006 6:12:59 AM PDT by SirJohnBarleycorn
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To: RSmithOpt

They also have footage of her in a time stamped photo (from security type cameras I think) that show cuts and bruises BEFORE the alleged rape took place.

This woman scammed the prosecutor and it's going to take a few days for it to sink in with him.


26 posted on 04/11/2006 6:18:37 AM PDT by sandbar
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To: RSmithOpt; Mo1; Prysson; SouthernFreebird; robertpaulsen; lexington minuteman 1775

This jerk, Nifong, has taken a page out of Ronnie Earle's playbook: Ruining lives through malicious prosecution all because of politics.

Sickening...


27 posted on 04/11/2006 6:19:44 AM PDT by demkicker (democrats and terrorists are familiar bedfellows)
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To: RSmithOpt

These guys are guilty of being white males who arent afarid to do things men do, play rugby and drink beer. They are also guilty of being born in a time where being a white male borders on being either criminal or dumber than crap. White males are the butt of every stupid act in tv commercials, always the criminals on tv programsand the greatest problem in society today. It makes you wonder how we survive as a country. Screw these left wing facists.


45 posted on 04/11/2006 7:07:43 AM PDT by armydawg1 (" America must win this war..." PVT Martin Treptow, KIA, WW1)
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To: RSmithOpt

OK Nifong, which 3? You are ruining 43 lives that by your own admission had nothing to do with it.

Either pick 3 and file charges or drop the whole thing.


46 posted on 04/11/2006 7:20:49 AM PDT by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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