2nd Duke party dancer now questions doubts about accuser

Daily Comet & AP ^ | April 21, 2006 | ALLEN G. BREED

[Law is not justice but process]

When the D.A. brought the case into the media, I suppose they had to respond. It would be hard not to, when they have potentially exculpatory evidence. Still, the defense attorneys must remember that the only decision that counts is the one the jury makes. Save some of the best stuff for them.

[Alia]

Perhaps by asking for retests, he's just buying time?

That's what I initially thought. And then I learned about the Dream Team "Project Innocence".

[BossLady]

Thanks for the ping and good work!!!!!! ;)

[Jrabbit]

well....I was a long time lurker!! ROFL

[Wild Irish Rogue]

The media did a more extensive investigation on the peanut that President Bush choked on, then they have the women , their backgrounds and their employers.
Has it been determined whether they were sent by an Escort Service or an Entertainment Service ?
I don't recall reading anything about music .
I would assume that legitimate " exotic dancers " would bring a boom box because they would have a choreographed routine set to their own music.

[Law is not justice but process]

"Hey n_____ thank your granddad for my cotton shirt ?"

This comment gives the defense something to work with. Take it from a prosecutor, one of the best arguments to a skeptical jury is "why would a victim make this up and put themselves through the hell of a trial?" That comment gives a reason: she was angered by racial slurs and wanted revenge. The defense would do best not to publicize that comment, but at trial it may be just the "why" they need to raise reasonable doubt.

[Shelayne]

It is very relevant. It goes to character and motive. Racial slurs are not the same as calling someone an a--hole. Not in this country with its history.

With all due respect, I think you are over-analyzing what a couple of 19/20 year old college boys may or may not have said while exchanging insults with someone they think RIPPED THEM OFF! And were probably a little snockered on top of it.

Really, this was a beer/stripper party--not a KKK rally. Are you as concerned about racial comments the strippers may have made to the boys as well?

How on earth does this go to MOTIVE?

[Neverforget01]

Still, the defense attorneys must remember that the only decision that counts is the one the jury makes

Having some familiarity with one of the accused's families, I'm not sure the defense attorney could have kept them quiet--I'm not sure. It seems the Finnerty's attorney is playing things with more patience.

Howlin, did you say (or was it someone else) that some of the families weren't too happy that so much of the defense was being aired?

[panthermom]

I have a theory; Finnerty's lawyer is really quiet about whether or not he was there. Kim swears she looked him right in the eye. I read they searched his room for video. You know there is video out there, hopefully in the safe deposit box of the defense. Knowing boys, they probably started the video when the drinking started. While one filmed another walked around doing ESPN like interviews. I bet it shows Finnerty makin some wise crack about nasty ho's and walks out the door. Just a theory. I mean I can make stuff up, the prosecution's done it.

[Howlin]

Yep.

[Howlin]

No, I heard a reporter on a local channel say some of the defense team isn't happy with all the information being released.

[Law is not justice but process]

"just buying time?"

I suppose that is about the only reason he would order the same tests. He sure would sour his relationship with the SBI, though (and waste a lot of money - DNA tests are EXPENSIVE!).

[Sacajaweau]

IF there wasn't a confirmed timeline

and IF there weren't timestamped photos

and IF they haven't found any DNA evidence at this point

and IF these chicks weren't "in the business"

and IF they didn't lie

and IF they didn't have a prior record

I'd probably consider that the boys might have raped her.

And IF I were the DA, I'd be updating my resume.

[GAgal]

Good point. Early on, an associate professor in the Duke Black Studies Department named Anthony Neal said the black community would react more violently to the racial slur than to the rape. I was doubtful then, but no more.

[Jrabbit]

LOL

I'd love to see that tape!

All I've seen or heard about Finnerty was that he was at a Mexican food place and has 6 witnesses and a receipt.

[Neverforget01]

"just buying time?"

Election day is early May. My guess is if his case collapses before that he's not going to make it.

[Jay Gould]

A false allegation of rape is worse.



The slur, if it was said, gives a clue to the character of the individuals we are dealing with.
I want to know whether or not the rape allegation is false or not.
But I will cop to the fact that I have no sympathy for a bigot. If these are the kinds of individuals these kids are, I'm glad they're being humiliated. But no, I don't think they deserve prison on a false rape charge ( if untrue )
Thats just my personal bias kicking in and I admit that.

[darbymcgill]

But you have to be nice to the old-timers first!

Sounds like Jack Nicolson's character in "A Few Good Men"...

"I'll give you the transfer requests son, but you have to ask me nicely...."

Just one of my many favorites one liners in that movie...

[GAgal]

I think Nifong will pull a Punxatony Phil and hide until May 2, if possible.

[Crawdad]

What do you think the penalty should be for the racial slur, assuming no other crimes were committed?