Doubts About Duke (Newsweek bails on Nifong)

Newsweek ^ | June 29, 2006 | Evan Thomas and Susannah Meadows

[tlb]

The prosecutor insists his rape case is strong. One big problem: the facts thus far.

...court documents in the case increasingly suggest that Durham County District Attorney Mike Nifong had very little evidence upon which to indict three players for rape. Indeed, the available evidence is so thin or contradictory that it seems fair to ask what Nifong could have been thinking when he confidently told reporters that there was "no doubt" in his mind that the woman had been raped at the party held by the lacrosse team.

Nifong is described by some lawyers as an adversary who gets dug in—and won't budge. But Nifong's motives may have been political as well. He was six weeks away from an election when the Duke case came up. Durham voters are almost evenly divided between black and white. One of Nifong's opponents was black and the other was white, but the white lawyer was much better known in the community, thanks to winning a high-profile murder case. (That opponent, former assistant D.A. Freda Black, became a bitter enemy of Nifong's after, she claims, Nifong fired her.) Nifong promised black voters that he would not let the Duke case drop. He indicted two of the players two weeks before the election. He won narrowly, taking a larger share of the black vote than the other white candidate.

Meanwhile, the players and their families are lying low, trying to figure out how they can get their reputations back. Finnerty and Seligmann are underclassmen and may be able to transfer to another college and still play lacrosse if the charges are dropped. Evans has already started to pay a price in the real world. He was supposed to begin a good job after graduation, but the job offer was withdrawn.

[Mike Nifong]

Judge Stephens is on the hot seat as we approach Thursday's court date .What does Stephens do?

From what I saw of him last time I think he will punt.
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Yes, unfortunately, I would agree. Let it be someone else's problem. That would be to disregard justice though.

Waiting on Thursday

[don'tbedenied]

What happens on the court date on Thursday?

[maggief]

Looks like they could work for the Bunny Hole.

Home town: NJ?!?


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[maggief]

I'd like to know who the third parties are that need protection.

What's the problem? Are they afraid to uncover another prostitution ring?

[bwteim]

Thanx for Lax Ping.

[darbymcgill]

Home town: NJ?!?

Remember, little bro Lee lives in that area... NYC I think.

[maggief]

The NO bought Nifong's spin, ready to pounce on the Duke "elite." So much for investigative reporting.

Here's an angle, or three ...

Perhaps report where the hell Chalmers has been during all of this and why is Baker running the show. Or, what is Baker's relationship to Clement. Maybe report on other sweetheart deals between Clement's brother-in-law and the city, and his involvement with strip clubs.

[ladyjane]

I am not sure I understand what you are saying.

What's wrong with the term hootchie? It's an old fashioned term, isn't it? Something like hootchie-cootchie. Does it have some meaning I'm unaware of?

Hootchie sounds better than "Bunny Hole" and other such names IMO.

[TommyDale]

Sorry, but the term "Hootchie" is perfect. If the shoe fits... I don't really care what the accuser thinks. She and her co-worker chose their professions, they should have to live with it.

As far as Nifong reading blogs, I would certainly hope so. Maybe he will see how ridiculous he looks to the rest of the world.

[Mike Nifong]

I'd like to know who the third parties are that need protection.

What's the problem? Are they afraid to uncover another prostitution ring?
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They are afraid of something!
This isn't a fender-bender. There's like 60 years in prison total- cumlative facing these guys and the Judge is preoccupied with the phone privacy. Not in that the information is preserved or retained BUT SEALED - PRIVACY.

Hard to read that without wondering what the hell if going on in Durham. He's seems like his concern is the 3rd and 4th parties that were connected to those phones or phone records.

[abb]

NandO Exec Ed. Melanie Sill has replied to the recent activity on her blog site...
http://blogs.newsobserver.com/editor/index.php?title=duke_lacrosse_comments_1&more=1&c=1&tb=1&pb=1#comments

Also a couple of new comments on Ruth's blog...
http://blogs.newsobserver.com/ruth/index.php?title=more_lovenotes_from_my_fans_re_duke&more=1&c=1&tb=1&pb=1#comments

[Larry Lucido]

Google "Rolando Cruz" and DuPage County. I think several assist DA's took some heat, and that was less questionable than this case.

[Mike Nifong]

There are several motions before Stephens, but he has tremendous latitude. He can put off motions or rule on them.

He could admonish Nifong and tell him he seriously needs to consider what he has done. He could tell him that he needs to reevaluate the case or separate himself from it.

[Mike Nifong]

It was humor

[TommyDale]

Oh.

[Larry Lucido]

Never mind googling, here is an FR story about the Cruz case from last year (and it seems that the alleged misconduct was equally bad, though no one was ultimately held responsible except the taxpayers).

http://www.freerepublic.com/focus/f-news/1531698/posts

Excerpt of the timeline from the article:

Sept. 21, 1995: DNA results exclude Cruz as the source of semen found in Jeanine's body, and implicate Dugan in the girl's rape.

Nov. 3, 1995: Judge Ronald Mehling acquits Cruz at his third trial.

Dec. 8, 1995: DuPage Circuit Judge Thomas Callum dismisses all charges against Hernandez.

Dec. 12, 1996: Prosecutor William J. Kunkle Jr. announces the indictments of the DuPage Seven, seven law officers and lawyers accused of conspiring to deny Cruz a fair trial.

May 13, 1999: Circuit Judge William Kelly acquits two of the DuPage Seven defendants.

June 4, 1999: Judge Kelly and a jury acquit the remaining five DuPage Seven defendants.

Sept. 26, 2000: DuPage County State’s Attorney Joseph Birkett agrees to settle wrongful conviction lawsuits filed by Buckley Cruz and Hernandez for $3.5 million.

Nov. 29, 2005: A DuPage County grand jury indicts Brian Dugan for the murder of Jeanine Nicarico.

[speedy]

Thanks Larry. Glad to know at least somebody took some heat.

[Ken H]

There was a negative letter to the editor in yesterday's Durham Herald-Sun from someone named Joe Dibona, criticizing Brodhead for caving and reinstating the lacrosse team ("Brodhead Can't Handle it"): http://www.heraldsun.com/opinion/hsletters/ Coincidentally, there is a Duke Asst. Professor Joe Di Bona, PHD Berkeley, who is likely a kindred spirit of Houston Baker.

I got a reply from the owner of friendsofdukelacrosse.blogspot.com expressing further interest in Dibona:

"What is more strange, in his CV, he claims to be writing a book with Dave Evans and Matt Zash (the two captains of the Lacrosse team). I find this real strange. What else are they saying in freerepublic about that opinon piece? Can you do a follow up on it?"

[maggief]

Here's the letter:

Brodhead can't handle it

Duke University President Brodhead has made the most unfortunate error of his life by reinstating the lacrosse team and as a consequence should resign his office. Don't misunderstand. I think Brodhead is a wonderful individual -- talented, sensitive and understanding -- but his decision on lacrosse reveals he is not able to lead a great university out of the serious quagmire in which it now finds itself.

For months he said we should await the outcome of the judicial process before determining what should be the next step, and here he suddenly chooses to ignore the forthcoming jury trial. In other words, it no longer matters whether the team will be found guilty or innocent. Presidents must be made of sterner stuff.

He ignored the sound advice of his own Bowen-Chambers committee, which called for wider opinions at the top, another look at the role of athletics in the university culture and a demonstration that he understood the deep-seated racial divisions between Duke and Durham. His action clearly shows his inability to understand where Duke is and where it needs to go. Is this rally what we can expect in leadership? I think not. The question I would put to President Brodhead is, Why are you still clinging to a job you obviously cannot handle?

JOE DIBONA
Durham

[maggief]

http://fds.duke.edu/db/aas/Education/joseph.di_bona