Posted on 04/13/2006 3:21:02 PM PDT by ghost of nixon
DURHAM, N.C. -- A woman who claims she was sexually assaulted by members of Duke University's lacrosse team was described as "just passed-out drunk" by one of the first police officers to see her, according to a recording of radio traffic released by Durham police on Thursday and obtained by The Associated Press.
The conversation between the officer and a police dispatcher took place about 1:30 a.m. March 14, about five minutes after a grocery store security guard called 911 to report a woman in the parking lot who would not get out of someone else's car.
The officer gave the dispatcher the police code for an intoxicated person and said the woman was unconscious. When asked whether she needed medical help, the officer said: "She's breathing and appears to be fine. She's not in distress. She's just passed-out drunk."
The black woman, a 27-year-old dancer and college student, told police she was sexually assaulted and beaten by three white men around midnight at an off-campus party thrown by Duke's lacrosse team. The racially charged allegations have led Duke to cancel the highly ranked team's season and accept the resignation of its coach.
No charges have been filed, but district attorney Mike Nifong has said he believes a crime was committed. Attorneys for the players have said DNA tests failed to connect any players to the alleged attack, and they have urged Nifong to drop his investigation.
The radio recordings, obtained by the AP through a records request, are the first instance in which police or anyone connected with the investigation has said the woman appeared to be intoxicated.
Defense lawyers, however, have said time-stamped photographs taken by the players show that the accuser was drunk and had already suffered some injuries when she arrived at the house for the party.
The recording is consistent with "what I have seen of the photo evidence before," attorney Kerry Sutton said. Those photos, she said, showed that she was "way beyond where you would put somebody behind the wheel of a car."
The description of the woman's medical exam -- which Nifong has said is his basis for believing a rape occurred -- does not mention her being drunk. It states only that the woman's injuries and behavior were consistent with having been raped, sexually assaulted and having suffered a traumatic experience.
The woman has told police she and another dancer hired to dance at the party arrived at 11:30 p.m. March 13. The pair reportedly left the house a short time later, fearing for their safety. The accuser told police the two were coaxed back into the house with an apology, at which point they were separated. That's when she said she was dragged into a bathroom and sexually assaulted, beaten and choked for a half-hour.
At 12:53 a.m., police received a 911 call from a woman complaining that she had been called racial slurs by white men gathered outside the home where the party took place.
The defense has said it believes the second dancer at the party made that call. The 911 call from the grocery store security guard was placed at 1:22 a.m.
In it, the caller says, "Um, the problem is ... it's a lady in somebody else's car and she will not get out of their car. She's like, she's like intoxicated, drunk or something. She's, I mean, she won't get out of the car, period."
A police spokeswoman did not immediately return a call seeking comment on the radio traffic.
The case has focused intense national scrutiny on Duke and the lacrosse players and has sparked protests on the elite private university's campus and elsewhere in Durham. The school last week canceled the highly ranked team's season and coach Mike Pressler resigned after the release of a vulgar and graphic e-mail sent by a team member shortly after the alleged assault.
Several of the defense attorneys say they expect the district attorney to ask a grand jury on Monday to issue charges in connection with allegations.
"Rest up on Sunday," Sutton said.
There has been no official word, however, on whether Nifong intends to present the allegations Monday. His next opportunity would come two weeks later.
I've never dealt much with criminal law enforcement, although it is obvious that we could all benefit from better-paid and better-educated, more professional police.
I did happen to know this young fellow a few years back who was trying to get on with various small town (~very~ small town) police departments. He had managed to get through some tech school course and thought he was ready for the streets. I wouldn't have trusted him to collect my garbage if I were using a shredder.
I like to imagine that this piece of punktrash never got a badge anywhere, but I don't know. Those small towns pay very little and, I guess, get some pretty rough characters.
The Highway Patrol is definitely a cut above.
Good. That's helpful. But where did they go? To cash out their pimps? Or did they just drive around or sit in the parking lot until Kim wanted her out and she wouldn't get out? Was she trying to talk Kim into participating in a scam? Was she calling her BF and/or pimp?
Did you know that in most counties (not Wake or Guilford) you can get a major speeding ticket reduced to a minor "fix it" ticket by giving a lawyer a lot of money? He manages to buy your way out of it, no questions asked. Who do you think receives the money? I don't know for sure, but I would bet it is split between the attorney, the DA and the judge. Just a hunch.
I think Nifong was blinded by his own prejudice and his amnition to make his last gasp to be "somebody." I think his own bias against Duke students, based on misbegotten notion of them being privileged and wealthy, caused him to really believe this woman, snd he just went with it for political purposes. He clearly plans on riding this into elected office, but he bet on the wrong horse.
By the way, I lived in Northern California all my life, some
45 years, and never needed an attorney. When I moved to NC,
I've had to hire them on a regular basis, probably once a year
EXCLUDING real estate. I'm a law abiding citizen, by the way.
My friend inquired where he could locate a lawyer that could fix this and made it happen. The kid didn't have a bad record and he didn't blow super high. I think he had to go to a class and maybe pay a small fine, maybe didn't drive for 30 days. But he got no record and no points, as I recall. Very light punishment greased by a lawyer who specializes in such.
Isn't it the same everywhere? (Yea, I know, he should have let the kid take the consequences.)
The guys have a photo of someone helping the accuser into Kim's car at 12:41.
The neighbor said he heard someone yell at them "thank your grandpa for my nice cotton shirt!" as they drove away, so they probably started driving north on Buchanan around 12:41 or a couple of minutes thereafter.
The first 911 call is at around 12:55. Kim probably pulled over to the side of the road (after only driving a few minutes) to make the call. Since she was clearly trying to get rid of the accuser, she was probably also at this time trying to rouse the accuser (whom she did not know before this evening) to sober up enough to give her a telephone number to call her boyfriend or at least tell her where she lived so Kim could take her home. The accuser was probably passed out or uncooperative. Kim then probably headed west and onto Hillsborough Road(perhaps that's the direction where Kim lives) and when she saw the Kroger open pulled into the lot. She probably continued to try to rouse the accuser and convince her to get out of the car (maybe use the pay phone to call her boyfriend) for a few minutes before talking to the security guard. The security guard probably talked to Kim and looked over the situation for a few minutes before actually making a 911 call at 1:22.
So it is not clear to me that there is necessarily any unaccounted for time between leaving the house and arriving at Kroger, the activities seem to fit the time line.
Listen: NBC17 reporting that it was not until "subsequent interviews" that the girl accused the players.
'arp. 'arp!
...and to think what all the pierced tongue craze comes from in this day and age. My, my...
12:41 -- last picture taken at house.
12:52 -- first 911 call
1:22 -- security guard calls 911
1:30 -- police officer calls dispatcher.
***BTW, I just heard that complete call; there are a lot of codes in it that I don't understand, but he DEFINITELY says he is taking her to the 24 hour holding cell.
I live near an ACC school where racial slurs have been an issue and the school has instructed the students to dial 911 whenever there is an incident.
I just noticed on the responding officer's report back to dispatch that she was going to be a 24-hour hold. That means they were taking her down to the drunk tank, so I'll bet that's where her BF or pimp came into the picture because she probably came up with the rape story once they got to holding and she realized she was going into the drunk tank for up to 24 hours. So she tells them she was raped and wants to call her BF and the BF brought the nightgown for her to wear at the hospital all to get out of a drunk in public charge and a stay in the tank.
This case is TOTALLY in the toilet!
One of the thin reeds that it hung on in my mind -- until today -- was my assumption that the accuser had given a fairly complete report to the police at the hospital. A report that they accepted as credible.
My bad....they have NOTHING...If they had anything, Al and Jesse would be here!
:-)
See my above posts for new news.
Really? Is it near me? LOL.
I'm thinking that the reason they didn't get that search warrant until two days later is because she didn't cough up her story until 31 hours later!
And the thing is, if we are right and the police officer did take her to the holding tank and her boy friend picked her up OR her boy friend came to Kroger to get her and take her to the hospital............I mean, isn't her body the SCENE of the crime?
And isn't the chain of custody broken?
I think it's pretty clear that Nifong jumped into the shallow end of the swimming pool here. It was a political, not legal, calculation and he appears to be burning for it.
Have you had email contact with some of the students? If not where did you get your info?
curious.
:)Easy Does It:)
It's not clear to me, either, but your speculations are certainly feasible and make sense.
Do you know anything about what Kim said went on when the two women were supposedly in the bathroom, or do you know if she agrees they were in there together for some time (supposedly 27 minutes)?
I presume that if defense lawyers have spoken to Kim, they certainly must have covered every minute of their encounter.
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