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Duke's Tenured Vigilantes (DukeLax)
The Weekly Standard ^ | Jan 20, 2007 | Charlotte Allen

Posted on 01/20/2007 2:52:54 AM PST by abb

Duke's Tenured Vigilantes The scandalous rush to judgment in the lacrosse "rape" case. by Charlotte Allen 01/29/2007, Volume 012, Issue 19

The Duke University "lacrosse rape case" is all but over. On Friday, January 12, the prosecutor, Durham County District Attorney Mike Nifong, petitioned the North Carolina attorney general's office to be recused from the case, and the office complied, appointing a pair of special prosecutors to take over. Nifong's recusal, it is widely assumed, paves the way for the dismissal of all remaining charges against the three defendants--suspended (but recently reinstated) Duke sophomores and lacrosse team members Reade Seligmann and Collin Finnerty, and a team co-captain, David Evans, who graduated last year--owing to a complete lack of physical, forensic, and credible testimonial evidence linking the three to any sexual or other violent crimes.

Nifong's resignation from the case followed on the heels of two other events. One was an extended interview with the alleged victim conducted by one of Nifong's investigators on December 21--the first time anyone from the district attorney's office had talked to the accuser since Nifong announced he was personally taking over the case from the Durham police on Monday, March 27, 2006. That was exactly two weeks after the accuser, an African-American woman then 27, first said she had been sexually attacked by white members of the Duke men's lacrosse team at around midnight, the night of March 13-14.

During her December 21 interview with prosecutors, the accuser offered either the seventh or the twelfth (depending on how you count) significantly different version of the story she had been telling medical personnel, police officers, and news reporters about what happened after she, an employee of a Durham escort service, showed up at about 11:30 P.M. on March 13 to do some stripping and exotic dancing for a party at a Durham house rented by Evans and two other Duke lacrosse captains. This time around, the accuser, contradicting all her earlier accounts, said she could not remember whether she had actually been penetrated vaginally by the penis of any of the three lacrosse players whom she had identified as her assailants, which prompted Nifong to drop the rape charges the following day (charges of sexual assault, an equally grave felony, and kidnapping still stand against all three as of this writing). The accuser also altered her story about who had attacked her and when, now maintaining that Seligmann, then age 20, had merely held her leg and looked on while the other two, 19-year-old Finnerty and 23-year-old Evans, attacked her orally, anally, and vaginally in one of the house bathrooms. Earlier she had insisted that all three--or perhaps as many as four, five, or even 20 lacrosse players--had participated in the sexual assault as well as kicking, beating, and attempting to strangle her.

Her descriptions of her assailants' appearances also changed on December 21, apparently so as to accommodate the lanky, six-foot-three Finnerty; she had earlier described all three as chubby or heavyset and of medium height. Finally, she moved the time of the alleged assault a half-hour backwards, to around 11:30 on the night of March 13, which could get around Seligmann's airtight alibi of cell-phone, taxicab, and ATM records indicating he had left the house before the midnight hour at which she had previously maintained that the gang rape occurred.

The other event that undoubtedly inspired Nifong to withdraw from the case was a mid-December revelation under oath by Brian Meehan, head of a private testing laboratory under contract with the Durham district attorney's office. Meehan revealed that DNA samples from at least five different unidentified men had been collected from the underwear, pubic hair, and private parts of the accuser during a medical examination at Duke University's hospital shortly after the alleged gang assault, and that none of that DNA matched Seligmann, Finnerty, Evans, or any other previously tested member of the lacrosse team. Meehan testified--and also told 60 Minutes for their January 14 broadcast--that he, with some input from Nifong, had deliberately left these results out of a lab report issued on May 12, three and a half weeks after the April 17 indictment of Seligmann and Finnerty (Evans was indicted on May 15, the day after he graduated). A prosecutor's deliberate withholding of exculpatory evidence from a criminal defendant (in this case, evidence that would account for the mild swelling around her vagina that a nurse at the Duke hospital had reported, and would also impeach her statement that she had not had sexual relations for at least a week before the alleged assault) violates Durham and North Carolina procedural rules and possibly the Fifth Amendment's guarantee of due process in criminal cases.

Nifong may also face sanctions from the North Carolina State Bar for other ethically debatable conduct: obtaining a court order for all 46 white members of the 47-man Duke lacrosse team on March 23 to submit to DNA testing, even though he knew by then that the accuser had not been able to identify a single one of them as a suspect in two separate police photo lineups (the DNA tests exonerated all 46); for ordering a third photo lineup on April 4 after the first two had failed, which the accuser was told consisted only of pictures of lacrosse players (it was from this lineup that she picked out Seligmann, Finnerty, and Evans); and for publicly denouncing members of the lacrosse team as "hooligans," insisting--without bothering to interview his star witness--that "gang-like rape activity" had occurred, and urging those who had attended the party to "come forward" and break the "stone wall of silence" with which they were supposedly covering up a gross crime. Nifong seemed not to have read his own police reports, in which Kim Roberts, a second woman hired from the escort service that night (and who also changed her story several times), called the accuser's rape allegations "a crock."

Nifong, courting Durham's substantial black vote in a May 2 Democratic primary for reelection as district attorney (a primary that he won handily, as well as the election itself), also played the race card, pointing out that "racial slurs and general racial hostility" had accompanied the alleged attack. Indeed, there had been two racial epithets let loose that night, as the accuser and Roberts left the party after dancing for only a few minutes (according to Roberts) because the accuser, paid $400 in advance, declined to perform, whether because she was insulted by crude remarks made by the partygoers, because she was too drunk to dance when she got there, or because she had combined alcohol with a prescription muscle relaxant she had taken earlier in the day. As the two women departed, one lacrosse player shouted the n-word at Roberts and another yelled, "Hey, bitch, thank your grandpa for my nice cotton shirt!"--a riff on a Chris Rock routine that the shouter undoubtedly thought was funny. Everyone would agree that both remarks were unacceptable, but there is no evidence that either Finnerty or Evans made either of them, and Seligmann was already elsewhere, as electronic records showed.

Mike Nifong's handling of the case was clearly outrageous. But he would probably not have gone so far, indeed would not have dared to go so far, had he not been egged on by two other groups that rushed just as quickly to judge the three accused young men guilty of gross and racially motivated carnal violence. Despite the repeated attempts by the three to clear themselves, a substantial and vocal percentage--about one-fifth--of the Duke University arts and sciences faculty and nearly all of the mainstream print media in America quickly organized themselves into a hanging party. Throughout the spring of 2006 and indeed well into the late summer, Nifong had the nearly unanimous backing of this country's (and especially Duke's) intellectual elite as he explored his lurid theories of sexual predation and racist stonewalling.

"They fed off each other," said Steven Baldwin, a Duke chemistry professor who finally broke his faculty colleagues' own wall of silence on October 24, publishing a letter in the Duke student newspaper, the Chronicle, denouncing his fellow professors for what he called their "shameful" treatment of Seligmann and Finnerty and rebuking the Duke administration for having "disowned its lacrosse-playing student athletes." In April, Duke president and English professor Richard Brodhead had abruptly suspended not only Seligmann and Finnerty but also the remainder of the Duke lacrosse season, plus a third player, Ryan McFadyen (also recently reinstated), who had nothing to do with the alleged assault but had made the mistake of sending an email to his teammates on the early morning of March 14 describing a plan to "kill" and "skin" some "strippers" in his dorm room (like the "cotton shirt" remark, this was another tasteless joke, parodying Bret Easton Ellis's novel American Psycho). That same day, April 5, Brodhead told the lacrosse team's coach, Michael Pressler, that he had until the end of the day to leave campus for good.

"The faculty enabled Nifong," Baldwin said in an interview. "He could say, 'Here's a significant portion of the arts and sciences faculty who feel this way, so I can go after these kids because these faculty agree with me.' It was a mutual attitude."

Indeed, it was the Duke faculty that could be said to have cooked up the ambient language that came to clothe virtually all media descriptions of the assault case--that boilerplate about "race, gender, and class" (or maybe "race, gender, sexuality, and class") and "privileged white males" that you could not read a news story about the assault case without encountering, whether in the New York Times, the Washington Post, or Newsweek for example. The journalists channeled the academics.

Although outsiders know Duke mostly as an expensive preppie enclave that fields Division I athletic teams, the university's humanities and social sciences departments--literature, anthropology, and especially women's studies and African-American studies--foster exactly the opposite kind of culture. Those departments (and especially Duke's robustly "postmodern" English department, put in place by postmodernist celebrity Stanley Fish before his departure in 1998) are famous throughout academia as repositories of all that is trendy and hyper-politicized in today's ivy halls: angry feminism, ethnic victimology, dense, jargon-laden analyses of capitalism and "patriarchy," and "new historicism"--a kind of upgraded Marxism that analyzes art and literature in terms of efforts by powerful social elites to brainwash everybody else.

The Duke University Press is the laughingstock of the publishing world, offering such titles as Appropriating Blackness: Performance and the Politics of Authenticity and An Archive of Feelings: Trauma, Sexuality and Lesbian Public Cultures. Phrases such as "race, gender, and class" and "privileged white males" come as second nature to the academics who do this kind of writing, which analyzes nearly all social phenomena in terms of race, gender, class, and white male privilege. A couple of months after the lacrosse party, Karla F.C. Holloway, a professor of English and African-American studies at Duke, published a reflection on the incident titled "Coda: Bodies of Evidence" in an online feminist journal sponsored by Barnard College. "Judgments about the issues of race and gender that the lacrosse team's sleazy conduct exposed cannot be left to the courtroom," Holloway wrote. "Despite the damaging logic that associates the credibility of a socio-cultural context to the outcome of the legal process, we will find that even as the accusations that might be legally processed are confined to a courtroom, the cultural and social issues excavated in this upheaval linger."

There was a fascinating irony in this. Postmodern theorists pride themselves in discerning what they call "metanarratives." They argue that such concepts as, say, Christianity or patriotism or the American legal system are no more than socially constructed tall tales that the postmodernists can then "deconstruct" to unmask the real purpose behind them, which is (say the postmodernists) to prop up societal structures of--yes, you guessed it--race, gender, class, and white male privilege. Nonetheless, in the Duke lacrosse case the theorists manufactured a metanarrative of their own, based upon the fact that Durham, North Carolina, is in the South, and the alleged assailants happened to be white males from families wealthy enough to afford Duke's tuition, while their alleged victim was an impoverished black woman who, as she told the Raleigh News and Observer in a credulous profile of her published on March 25, was stripping only to support her two children and to pay her tuition as a student at North Carolina Central University, a historically black state college in Durham that is considerably less prestigious than Duke. All the symbolic elements of a juicy race/gender/class/white-male-privilege yarn were present. The theorists went to town.

The metanarrative they came up with was three parts Mandingo and one part Josephine Baker: rich white plantation owners and their scions lusting after tawny-skinned beauties and concocting fantasies of their outsize sexual appetites so as to rape, abuse, and prostitute them with impunity. It mattered little that all three accused lacrosse players hailed from the Northeast, or that there have been few, if any, actual incidents of gang rapes of black women by wealthy white men during the last 40 years. Karla Holloway's online essay was replete with imagery derived from this lurid antebellum template. She described the accuser and her fellow stripper as "kneeling" in "service to" white male "presumption of privilege," and as "bodies available for taunt and tirade, whim and whisper" in "the subaltern spaces of university life and culture." On April 13, Wahneema Lubiano, a Duke literature professor, wrote in another online article, "I understand the impulse of those outraged and who see the alleged offenders as the exemplars of the upper end of the class hierarchy, the politically dominant race and ethnicity, the dominant gender, the dominant sexuality, and the dominant social group on campus."

The academic-speak of Lubiano and Holloway was undoubtedly a bit arcane for the average reader, but there were plenty of news reporters and commentators to translate the pair's concepts into plain English. On April 22, Slate legal columnist Dahlia Lithwick penned what read like a pop version of Lubiano: "The Duke lacrosse team's rape scandal cuts too deeply into this country's most tender places: race and class and gender." Lithwick alluded to "[m]ounds and mounds of significant physical evidence" that a rape had occurred (this was after the meager results of the accuser's medical examination had been publicized as well as the negative DNA tests for the lacrosse team) and maintained that anyone who believed the players were innocent had a "creepy closet under the stairs" of his brain. Lithwick's position was that the facts of the case were essentially unknowable, as though this were Rashomon and not a matter of whether a grave felony had occurred that could send three young men to prison.

Following just behind Lithwick was Eugene Robinson of the Washington Post on April 25. "[I]t's impossible to avoid thinking of all the black women who were violated by drunken white men in the American South over the centuries," Robinson wrote. He continued: "The master-slave relationship, the tradition of droit du seigneur, the use of sexual possession as an instrument of domination--all this ugliness floods the mind, unbidden, and refuses to leave." He characterized Duke as a hotbed of "preppy privilege" and referred to the accuser as "the victim," whose main mistake had been choosing outcall stripping as a profession. On May 24, another Washington Post writer, Lynne Duke, weighed in with yet more Robinson-style rhetoric: "In the sordid but contested details of the case, African-American women have heard echoes of a history of some white men sexually abusing black women--and a stereotype of black women as hypersexual beings and thus fair game." Like Lithwick, Lynne Duke placed great stock in the supposed results of the accuser's medical examination, which even then were known to be ambiguous.

This race/gender/class/white-male-privilege scenario that the press so eagerly bought into was supplemented by another animus that plagued several key Duke faculty members: a deep antipathy to the school's athletic programs--especially the lacrosse program, typically peopled by the graduates of exclusive prep schools who exemplify "white privilege" to the program's critics--and to the student-athletes who participate in them. The News & Observer article of March 25 that featured the uncritical interview with the accuser ("Dancer Gives Details of Ordeal") also quoted Paul Haagen, a Duke sports-law professor, stating that athletes who participated in "helmet sports" such as football, hockey, and lacrosse ("sports of violence" was Haagen's other term) were highly prone to violence against women. A Duke English professor, Houston Baker (who has since moved on to Vanderbilt), picked up the theme in a March 29 public letter to Duke's provost, Peter Lange: "How many more people of color must fall victim to violent, white, male, athletic privilege?" Calling for the immediate dismissal from the university of the entire lacrosse team and its coaches, Baker characterized the events of March 13-14 as "abhorrent sexual assault, verbal racial violence, and drunken white male privilege loosed amongst us." On March 31, Duke history professor William Chafe wrote an op-ed in the Chronicle declaring that "sex and race have always interacted in a vicious chemistry of power, privilege, and control" and comparing the behavior of the lacrosse team to the 1955 lynching in Mississippi of Emmett Till, a visiting black teenager from Chicago who might have whistled at a white woman.

Another Duke historian, Peter Wood, and Orin Starn, a professor of cultural anthropology, began expressing hope that Duke would drop its preppie-ridden lacrosse program permanently and perhaps even withdraw from Division I competition altogether, according to a story by Peter Boyer in the September 4 New Yorker. In a June interview with an alternative newspaper, Wood characterized Duke's lacrosse players as "cynical, arrogant, callous, dismissive--you could almost say openly hostile." According to Boyer, when Wood had received a negative evaluation from a student for a course he taught in 2004, he concluded that it had to have come from one of the ten lacrosse players taking the course. Wood also confided to Boyer salacious details of a booze-fueled and indisputably vulgar campus "hook-up" culture of casual sex and freewheeling parties among Duke's athletes and fraternity jocks that could have been torn from the pages of Tom Wolfe's Duke roman à clef I Am Charlotte Simmons. That novel had been pooh-poohed by most of the intellectual elite as the voyeuristic fantasies of an un-hip old man when it was published in 2004, but by 2006 many members of the Duke faculty, including Wood, were parroting its observations. As in Wolfe's novel, the good-looking Duke co-eds who attached themselves to lacrosse players (their campus nickname was "lacrosstitutes") were at the very apex of the Duke female hierarchy.

Karla Holloway's online article similarly called for unspecified curtailments in the Duke athletic programs. "[S]ports reinforces exactly those behaviors of entitlement which have been and can be so abusive to women and girls and those 'othered' by their sports' history of membership," she wrote. Holloway also scolded the Duke women's lacrosse team for showing solidarity with the accused men by wearing their jersey numbers on their sweatbands during a playoff game.

As might be expected, the press took up the anti-lacrosse meme as well, showering hostile attention on what had been previously regarded as a niche sport. On March 30, Baltimore Sun sports columnist David Steele described lacrosse as "a sport of privilege played by children of privilege and supported by families of privilege" and hinted that the Duke team ought to apologize en masse to the stripper-accuser. In a March 31 piece titled "Bonded in Barbarity," New York Times sports columnist Selena Roberts wrote: "At the intersection of entitlement and enablement, there is Duke University, virtuous on the outside, debauched on the inside. . . . The season is over, but the paradox lives on in Duke's lacrosse team, a group of privileged players of fine pedigree entangled in a night that threatens to belie their social standing as human beings." Roberts accused the team members of maintaining a "code of silence" to cover up the alleged crime.

On April 23, Fox News columnist Susan Estrich, a law professor at the University of Southern California, wrote an article titled "Why Would Accuser in Duke Rape Case Lie?" Seeming to channel Nifong (and also Jesse Jackson, who had entered the fray to offer the accuser a full scholarship to continue her studies at North Carolina Central), Estrich harped on the theme of stonewalling and wondered why no lacrosse parent had said to her son, "you go in there and tell the police the truth about what happened." It is hard to believe that Estrich was not aware by that date of Seligmann's airtight alibi, the procedurally flawed April 4 photo lineup, the negative DNA results for the 46 players (those were released on April 10), and repeated efforts by lawyers for the accused to present Nifong with evidence of their clients' innocence, including an April 18 meeting with Seligmann's attorney that Nifong curtly cut short. Instead, Estrich, taking an odd stance for a professor whose specialty is criminal law, castigated the three young men for having the audacity to "hire . . . lawyers." The purpose of this exercise of the Sixth Amendment right to counsel was "to trash the victim and the prosecutor," she declared.

Newsweek had this to say about the lacrosse team in a May 1 story: "Strutting lacrosse players are a distinctive and familiar breed on elite campuses along the Eastern Seaboard. Because the game until recently was played mostly at prep schools and in upper-middle-class communities on New York's Long Island and outside Baltimore, the players tend to be at once macho and entitled, a sometimes unfortunate combination."

One likely reason for the speed and enthusiasm with which members of the Duke faculty and the media produced their morality play that simultaneously demonized lacrosse, wealth, the white race, the South, and the male sex was that it offered something otherwise missing in Nifong's case: a motive for the players, whose time-dated photographs at the March 13-14 party show them sitting torpidly on couches in the house living room, to rise suddenly in a state of power-drunk frenzy and commit gruesome acts of sexual violence. Means and opportunity were presumably there that night, but why would these "macho and entitled" young athletes who could have any Duke "lacrosstitute" of their choice free of charge, or, given their parents' money, pay for a real prostitute if they wanted to, bother with rape?

The race/gender/class/male privilege scenario also absolved its promulgators of having to consider the fact that the evidence of the players' guilt was flimsy from the outset and grew flimsier as each day passed. Indeed, Lubiano, in her online article, dismissed the whole idea of evidence--and thus legal guilt or innocence--as just another set of socially constructed "narratives" to be deconstructed by her. The accused were apparently guilty by reason of their "dominant" social position, which made them "perfect offenders" in Lubiano's eyes.

Not surprisingly then, some 88 Duke faculty members, including Holloway, Baker, and Chafe, signed a full-page advertisement drafted by Lubiano and published in the Chronicle on April 6. The "listening statement," as they called it, did not exactly endorse Nifong's confident assertions of criminal activity and guilt. What the ad did endorse was a series of campus demonstrations in late March and early April at which Duke students, outside groups such as the New Black Panthers, and (reportedly) some members of the Duke faculty had shouted "rapists" and "time to confess," hurled death threats, banged on pots outside lacrosse players' residences at early-morning hours, and distributed "Wanted" posters bearing the photographs of all 46 white lacrosse players. "To the students speaking individually and to the protestors making collective noise, thank you for not waiting and for making yourselves heard," the ad read. It also stated: "These students are shouting and whispering about what happened to this young woman and to themselves." That suggested the 88 signers believed the accuser's story.

The faculty ad, together with such other faculty phenomena as Baker's letter and Chafe's op-ed, undoubtedly contributed to Duke president Richard Brodhead's impulsive and abrupt treatment of everyone at the university who might have had anything to do with either lacrosse or the March 13-14 party: firing the coach, canceling the season, suspending McFadyen over his vile email, suspending Seligmann and Finnerty after their indictments without meeting with either, and seeming to disbelieve the word of the lacrosse captains (including Evans), who had met with him on March 28 and assured him that they had fully cooperated with the police and that no sexual assault had taken place at the party. As former Harvard president Larry Summers learned to his chagrin in 2005, a college president courts big trouble by trying to buck a radicalized arts and sciences faculty. Furthermore, Brodhead seemed to be rewarding the "Group of 88" for its "thank you" ad in the Chronicle, setting up a "Campus Culture Initiative" to investigate racism and sexism at Duke on May 5 and appointing two of the ad's signers, Karla Holloway and anthropology professor Anne Allison, to chair two of its four committees and Peter Wood to chair a third.

"There just wasn't anything clear in Brodhead's statements that we were going to believe our own students," said Michael Gustafson, a Duke engineering professor who has criticized the university's handling of the March 13-14 incident. "There was obviously conduct with which Duke did not agree--parties with underage consumption of alcohol, hiring strippers, and if that was the whole story, then Brodhead was absolutely right to condemn it. The problem comes into play when there's a rape allegation. There was never a clear distinction drawn between those incidents and rape, so there was never a clear sense that the students were innocent until proven guilty."

As the summer progressed, evidence of that innocence mounted: Witnesses attested to the accuser's erratic behavior before and after the alleged crime, and her history of never-proven accusations of violence and gang rape. In June a faculty committee commissioned by Brodhead to investigate the lacrosse team and headed by Duke law professor James Coleman issued its report. The 25-page document found no evidence of racism or sexism on the part of team members and found both their academic performance and their off-campus behavior to be generally exemplary (Wood turned out to be the only one of ten surveyed pro fessors who had a problem with lacrosse players). "By all accounts, the lacrosse players are a cohesive, hard working, disciplined, and respectful athletic team," the report stated. What problems there were that had resulted in disciplinary citations by Duke centered around alcohol: underage drinking, booze in dorm rooms, noise, public urination, and on one occasion, stealing a pizza--but in that respect, the report found that lacrosse players were indistinguishable from the Duke undergraduate population in general. On June 13, Coleman, a criminal-law specialist, called for a special prosecutor to replace Nifong on the case. "It's unusual [for a prosecutor early in an investigation] to state that a crime occurred and that a group of people was responsible for it," Coleman told me. "That led to the assumption by a lot of people that a rape had occurred and that the accused were not cooperating with the police. That's why I was so outraged."

Nonetheless, news articles and columns continued to flow from the mainstream media dissecting the accused players' "privileged" backgrounds and the lush green lawns in front of their parents' suburban houses. Finnerty and two former prep-school classmates had previously been arrested for simple assault in a November 5, 2005, brawl outside a Washington, D.C., bar. It was the kind of first-time offense that usually results in a quick guilty plea plus community service (that was how his friends' cases were resolved), but because of his indictment in North Carolina, Finnerty was obliged to stand trial in order to be convicted (and placed on supervised probation). In a July 13 column, the Washington Post's Marc Fisher mocked the "battalions of lawyers" hired by Finnerty's family and the "upstanding young gentlemen in their blue blazers and pressed khakis" who stood as character witnesses for him. Fisher suggested that the bar fight "does open a window onto a larger truth" about Finnerty's propensity to "find fun in tormenting the innocent." (In a telephone interview, Fisher denied that he had been referring to the Duke sexual assault case.)

On June 27, washingtonpost.com law columnist Andrew Cohen excoriated some of his fellow journalists for reporting criticisms of Nifong's handling of the case (Newsweek by then had done an about-face and was openly skeptical of the rape charges). "I suspect race and money and access to the media have a lot to do with it," Cohen wrote. As late as August 25, the New York Times carried a front-page story parroting an ex post facto memorandum prepared by a Durham police officer at Nifong's request that detailed numerous injuries allegedly inflicted on the accuser that contradicted the contemporaneous reports of medical personnel and other police. That story was ripped to shreds a few days later in Slate by Stuart Taylor Jr. of the National Journal. Taylor, along with Rush Limbaugh and a handful of bloggers--notably Brooklyn College history professor KC Johnson and La Shawn Barber, an African-American woman--were nearly the only members of the media to express skepticism about the accuser's story from the outset.

Eventually, and especially after an October 15 episode of 60 Minutes showed a video of the accuser pole-dancing at a club a week after her supposed trauma, a handful of news commentators admitted they had rushed to judgment. On December 18, after Nifong dismissed the rape charges, Susan Estrich reversed herself and called for his removal from the case. Suddenly, it would seem, Estrich had discovered that the April 4 photo lineup procedures had been "unduly suggestive" and that the decision to indict the three players had been made before the results of the DNA tests on the victim's person were in. In an email, Estrich blamed Nifong for misleading outsiders and taking advantage of a disturbed woman who, "liar though she may be, is also a victim."

Lacrosse is now back at Duke, a group of Duke economics professors have signed a statement supporting Brodhead's decision to rescind the suspensions of Finnerty and Seligmann (the university had quietly changed those suspensions to less opprobrious administrative leaves at the end of the summer), and a D.C. judge vacated Finnerty's assault conviction right after Nifong dropped the rape charges. Neither Finnerty nor Seligmann is back on campus, however, and one very large issue still lurks: an angry and unrepentant Group of 88 on the Duke arts and sciences faculty.

Karla Holloway resigned her position as chairman of the Campus Culture Initiative's race committee to protest the re-admission of the two players. One of the signers, Duke English professor Cathy N. Davidson, published an op-ed in the News & Observer on January 5 that was sharply critical of that convenient scapegoat, Mike Nifong, but she mostly blamed "right-wing 'blog hooligans'" for trying to make her and the other signers look as though they had prejudged the lacrosse players. Tossing in a few red herrings, Davidson complained that the real "social disaster" in the Duke case was that "18 percent of the American population lives below the poverty line" and "women's salaries for similar jobs are substantially less than men's." Plus, we don't have "national health care or affordable childcare," Davidson wrote.

Other signers of the ad may be more worried. One of them, political science visiting professor Kim Curtis, has been sued by Kyle Dowd, a 2006 Duke graduate who alleges he got an F in her class after she discovered he was a lacrosse player (the university later upped the grade to a D, claiming a calculation error; Curtis did not respond to an email requesting a comment). Another signer, Duke philosophy professor Alex Rosenberg, explained in news interviews that he had signed the ad only to protest underage drinking at Duke and the hiring of strippers by students "when they could get as much hookup as they wanted from rich and attractive Duke coeds." Yet on January 17, several members of the Group of 88 published an open letter on the Internet, a defiant je ne regrette rien: "There have been public calls to the authors to retract the ad or apologize for it, as well as calls for action against them and attacks on their character. We reject all of these."

The week before, Brodhead had issued a "letter to the Duke community" that seemed to attempt to mollify the university's critics (including many alumni) who had criticized his peremptory actions against Finnerty and Seligmann. He described suspension as "not a disciplinary measure." Yet the letter seemed even more intent on placating the arts and sciences faculty, whom he described as victims of "blogs and emails" that attacked them "in highly repugnant and vicious terms." Brodhead described the sexual-assault allegations as having raised "troubling questions about sexual violence and racial subjugation." It was back to business as usual at Duke, back to the business of metanarratives.

Charlotte Allen is the author, most recently, of The Human Christ.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: abb; duke; dukelax; durham; nifong
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To: Jezebelle

Of the three, Bem Holloway's sentence was the longest.


41 posted on 01/20/2007 5:07:07 PM PST by Alia
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To: Alia
But so few dare do so because Educational Credentialing colleges have declared these people "certified teachers"

Actually probably few if any of the Gang of 88 have any certification. In academics you go get a terminal degree, ie Ph.D, Ed.D., DBA, etc and you do not get an education degree unless you are in the college of education. [Does Duke even have a college of education?]

College professors "certify" ourselves by publishing in peer reviewed journals. There is no state sanctioned certification. The issue at Duke is they have allowed intellectual bias and intellectual segregation in some departments. These departments are all composed of hard left neomarxists of some kind and all they hire is hard left neomarxists.
42 posted on 01/20/2007 5:19:09 PM PST by JLS
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To: JLS
JLS, in CA one must be certified to teach. Thank you for explaining how that is not the same here in NC. Pros and cons to both (certifying and not certifying).

WASC, (credentialling "college")on west coast, is a joke as far as I'm concerned. It's just a middle man operating in defense and support of Unions who only hire, promote, and tenure marxist liberals and force conservative teachers into paying union dues, anyway.

College professors "certify" ourselves by publishing in peer reviewed journals.

Isn't this just then another Microcosm of hiring liberals to publish liberals? I sometimes visit the Chronicles of Higher Education and read some of the debates (based on "published" journal items). It's taken a while but at least there's a moderator.

Let me put this another way: I recall back in the 70s when the Marxists seized control of English and Psychology Departments. They've been trying ever since to seize control over the Math and Sciences departments. They failed to do so, but fathomed to invent "global warming" as a next attempt to take over the Math and Sciences Departments.

These departments are all composed of hard left neomarxists of some kind and all they hire is hard left neomarxists.

While claiming they are discriminated against; and banging pots while cracking hysteric to drive their claims of oppression home even more.

In NC, what can be done within the college, U, private system to remove crazy teachers?

43 posted on 01/20/2007 5:38:07 PM PST by Alia
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To: Alia
JLS, in CA one must be certified to teach. Thank you for explaining how that is not the same here in NC. Pros and cons to both (certifying and not certifying).

Sorry but you are still incorrect. WASC is an ACCREDITATION agency. They accredit member schoools and colleges.

We may be talking past each other on a semantic issue. But primary and secondary teachers must be credentialed to teach. They need a state license. Colleges are accreditted based in part on they have hired. This is true in every state.

A college can hire anyone they want to teach anything they want. A college could hire Locomotive Breath to teach economics and me to teach Engineering despite me knowing nothing about engineering and LB having no training in economics that I know about. They would need to justify each of us being outside the area of our graduate training when they came up for accreditation, but all that takes is for each of us to publish a journal article or two on a related subject. A high school can not hire anyone permanently who does not have a license from the state and has an education degree and some other credential. [I suspect they can hire someone temporarily in an emergency not credentialled, but I don't even know about that. ] I have been a college professor since 1979 and have never had a license. I have taught in a number of states and know people in almost every place. In no state are college professor's licensed by the state. In every state I believe primary and secondary teachers are.
44 posted on 01/20/2007 6:56:21 PM PST by JLS
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To: Alia

He was also awaiting trial on two first degree murder charges.


45 posted on 01/20/2007 7:40:32 PM PST by JoanOfArk
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To: Jonathan
Two or three times a year they call my home and a$k for donations. (I am, shameful to admit, an alumnus). I wonder what I can say when they call again? How about: "Put me on your do not call list"? I am as likely to give money to Planned Parenthood or Hillary Clinton as I am Duke University.

I don't believe you. If you really are a Duke alum you might disagree with the actions of some associated with it but you would not say that you were ashamed to be an alum. If you went to Duke and had a bad experience, you had every opportunity to leave. Are you trolling here or are you so wishy washy as to let others define your experiences for you?

46 posted on 01/20/2007 9:06:04 PM PST by luv2ski
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To: All

N.Y. law firm badgers DA's faithful aides

BY JOHN STEVENSON, The Herald-Sun
January 20, 2007 11:42 pm
District Attorney Mike Nifong conceded long ago that he had become accustomed to receiving nasty mail about his handling of the Duke lacrosse sex-offense case, but now even his assistants have been badgered with invective by a New York law firm that wants Nifong ousted from his job.

Anton J. Borovina of the Melville, N.Y., firm Borovina and Marullo wrote Durham's assistant prosecutors this month, saying that if they had any sense of decency and honor, they would ask their boss to resign.

Attached was a letter to Nifong himself, calling him a "corrupt and morally bankrupt prosecutor" and a "low-life, a racist and a despicable human being." The letter asked Nifong to resign as district attorney for alleged "fraud and deception" and "gross prosecutorial misconduct" in his work on the lacrosse case, which he recently handed off to two special prosecutors appointed by the state attorney general.

Assistant Durham prosecutors contacted by The Herald-Sun on Friday said they ignored Borovina's message.

"I threw it in the trash," said Jim Dornfried.

Assistant District Attorney Tracey Cline said she did the same.

"I just felt like someone from out of state has no idea what's going on here," she added. "What he has to say is irrelevant to me."

Nifong could not be reached for comment.

Under mounting public and professional pressure, Nifong withdrew from the Duke case this month after getting three former lacrosse players indicted on charges of restraining an exotic dancer in a bathroom and sexually assaulting her during an off-campus party at 610 N. Buchanan Blvd. in mid-March 2006.

The defendants -- Collin Finnerty, Reade Seligmann and David Evans -- originally were charged with kidnapping the woman, raping her and committing another first-degree sex offense.

However, Nifong dismissed the rape allegations in December after the accuser changed her story. Felony kidnapping and sex-offense charges remain.

Critics claim that Nifong rushed to judgment in the case, seeking indictments without sufficient evidence and despite DNA results that did not incriminate any lacrosse players.

The case has now been taken over by two prosecutors from the state Attorney General's Office.

"The press has given much attention to the bizarre antics of your district attorney," lawyer Borovina wrote in his letter to Nifong's assistants.

He said Nifong had obtained the sex-offense indictments "based on flawed, contradictory and noncredible statements made by the alleged victim."

"I can only imagine the shame and embarrassment you must be experiencing," he wrote.

Reached by telephone, Borovina said he became too worked up over the lacrosse incident to remain silent.

He said he wanted Nifong's assistants "to get off their butts, stand up and walk to Mr. Nifong and tell him to step down. Do I think that's going to happen? No. But in my view, he [Nifong] won his election by fraud and by playing the race card. I want him disbarred. I want him to spend time in jail. I want him to think about this for the rest of his life."

The accuser in the lacrosse case is black, the defendants white.

URL for this article: http://www.heraldsun.com/durham/4-811276.cfm


47 posted on 01/20/2007 11:54:47 PM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

Nifong's out, but heat's still on

BY JOHN STEVENSON
January 20, 2007 11:50 pm
Although battered by mean-spirited mail about their boss, District Attorney Mike Nifong's subordinates continue to stand by him, while professors debate whether Nifong is subject to possible criminal or civil liability over his handling of the Duke lacrosse sex-offense case.

Nifong stepped away from the case earlier this month and handed it off to special prosecutors from the state Attorney General's Office.

But that did nothing to calm the debate, with some calling for Nifong to be sued on grounds that he violated the civil rights of three former lacrosse players by getting them indicted on sex-offense charges without sufficient evidence. Some contend he also should be charged criminally for obstructing justice by allegedly withholding DNA results favorable to the defendants.

One New York attorney even wrote to Nifong's assistants, asking them to urge their boss to step down. They have said they ignored the pleas.

With equal fervor, Nifong's supporters -- along with many neutral observers -- say that he has prosecutorial "immunity" against a civil lawsuit, and that there are no precedents for criminal action against him.

Nifong declined to comment for this article.

The accuser in the lacrosse case, an exotic dancer at the time, claimed she was sexually assaulted by three players during an off-campus party at 610 N. Buchanan Blvd. in mid-March 2006.

As a result, former Duke students Collin Finnerty, Reade Seligmann and David Evans were indicted on charges of kidnapping the woman, raping her and committing another first-degree sex offense against her.

However, Nifong dropped the rape charges last month after the woman changed her story. The other felony charges remain pending.

One of the main proponents of a civil suit against Nifong is Professor John F. Banzhaf III, who teaches law at George Washington University.

Banzhaf acknowledges that Nifong is immune to being sued for anything he did as a prosecutor.

But he theorizes that Nifong handled some aspects of the lacrosse case as an investigator or administrator rather than as a district attorney.

For example, when Nifong allegedly advised police to use what defense lawyers called an unconstitutional photo lineup, he did so in an investigative capacity and could be civilly liable for it, according to Banzhaf.

Anton Borovina, a Melville, N.Y., attorney following the case, said Friday there was yet another role in which Nifong might be liable: that of political candidate.

The lacrosse matter arose while Nifong was in a hotly contested, three-way Democratic primary last year. It continued to make waves through November's general election. Nifong prevailed both times.

"Prosecutorial functions can be separated from a function designed to get him elected," said Borovina. "If I make public remarks and bring false charges to aid my election campaign, a lawyer has the ability to persuade a jury I am not entitled to prosecutorial immunity."

Others disagree.

"I doubt that would hold water," North Carolina Central University law professor Irving Joyner said of the Banzhaf and Borovina theory on Friday.

"You would expect the prosecutor to consult with the Police Department," said Joyner, referring to the photo lineup. "That is a normal role and function of the district attorney. I haven't seen any facts that would suggest he crossed the line into some other role."

Joyner said he also saw no potential criminal liability for Nifong in connection with the temporary withholding of DNA results favorable to the defendants.

Under the law, any withholding of exculpatory evidence is remedied if the defense learns of it in time to fix the problem, Joyner noted.

Lacrosse attorneys learned about the DNA results long before a trial was scheduled. In fact, a trial date still hasn't been set.

Duke law professor James Coleman said Friday he thought Nifong withheld the DNA information because it discredited the accuser's version of events.

And when the information came to light, the accuser promptly changed her story and the rape charges were dropped, Coleman pointed out.

The professor said he had two questions about that sequence of events: Was the evidence deliberately concealed to keep the rape charges alive until December? And once the evidence was revealed, did Nifong coach the accuser to bring her story into compliance with the revelation?

"I don't know the answers," said Coleman. "I have no idea. But if the answers are yes, it appears there was at least an attempt to obstruct [justice]."

Other lawyers said they saw an obstruction charge against Nifong going nowhere.

Atlanta lawyer B.J. Bernstein, who was a Georgia prosecutor from 1988 until 1995, predicted in a telephone interview that Nifong would not be charged criminally.

"In terms of criminal liability, it would be very difficult," she said. "The standard of proof is beyond a reasonable doubt. I can't think of an instance where a prosecutor has been tried for something like that. It would be a tough sell. If that happened, it would be a new area of law for the entire country. How could you show it was a direct decision [to withhold evidence] as opposed to a mistake?"

If Nifong were charged with a criminal offense, the state Attorney General's Office presumably would prosecute him.

But some believe the state agency lacks clean hands.

"How are they going to prosecute [Nifong] when their own attorneys have done the same thing?" lawyer Mark Edwards asked last week.

Among other things, Edwards referred to a State Bar finding that then-assistant attorneys general David Hoke and Debra Graves withheld evidence favorable to murder suspect Alan Gell during a 1988 trial.

Gell was convicted and spent nine years behind bars, half of them on death row.

But when the withheld evidence subsequently was uncovered, Gell won a new trial and was quickly acquitted.

Hoke and Graves, who said they made an "honest mistake," received only reprimands.

URL for this article: http://www.heraldsun.com/durham/4-811279.cfm


48 posted on 01/20/2007 11:55:48 PM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

http://www.newsobserver.com/102/story/534648.html

Published: Jan 21, 2007 12:30 AM
Modified: Jan 21, 2007 02:40 AM

Winstead thrust into spotlight
Low-profile second-in-command in lacrosse prosecution known for dedication

MARY DOMBALIS WINSTEAD

BORN: Dec. 25, 1956

FAMILY: Married with three children. Her parents are Floye Dombalis and the late John Dombalis, owners and operators of the Mecca Restaurant in downtown Raleigh. She has two brothers. Her older brother is also a lawyer, and her younger brother runs the Mecca with their mother.

EDUCATION: Associate in arts, St. Mary's College; bachelor of arts, Wake Forest University; J.D., Wake Forest University.

WORK EXPERIENCE: Assistant district attorney, Wake County, from October 1981 to December 1986; assistant district attorney, Durham County, from April 1987 to March 1994; has worked in the special prosecutions section of the Attorney General's Office since April 1994.



Benjamin Niolet, Staff Writer

Mary Dombalis Winstead has kept a low profile throughout her 25-year career as a prosecutor. That's over now.
A week ago, Attorney General Roy Cooper appointed Winstead, 50, as a special prosecutor in the Duke lacrosse case. She will work with the lead prosecutor, Jim Coman.

Winstead's friends, family and colleagues say she is an ideal choice to handle such a case.

"She is a very competent and able lawyer," said Bill Thomas, a Durham lawyer who represented an unindicted lacrosse player and knew Winstead when she was a Durham prosecutor. "I found her to be most professional in her dealings with other lawyers and would certainly think with her expertise, she would be well-qualified to assume responsibility for the prosecution of a case like this."

Through a spokeswoman for the attorney general, Winstead declined requests for an interview. Associates, friends and family members described Winstead as a competitive person who was headed for the life of a prosecutor early on.

They also say she is a compassionate person who bakes a serious pound cake and can run people out of a room with her overenthusiastic cheering for Wake Forest University sports.

When she was 5, Winstead was already talking about being a lawyer, said her mother, Floye Dombalis. Winstead was one of three children born to Floye and her husband, John Dombalis. The couple ran the Mecca Restaurant, the downtown Raleigh institution that for 76 years has been popular with lawyers and justices of the state Supreme Court.

At home, the Dombalis children followed a strict set of rules. Their mother typed them out. Bedtimes were absolute -- Mary's was 8:30 p.m. in 1964. TV was forbidden on school nights. Failure to abide by the rules, Floye Dombalis wrote, would result in revocation of privileges. There weren't any to revoke, her children would later joke.

Young Mary, the middle child, was concerned with the rules. She documented the times her brothers would get home and gave the information to her parents. Later, at St. Mary's College in Raleigh, she was chairwoman of the Honor Board, the organization concerned with campus discipline.

After receiving an associate's degree from St. Mary's, she enrolled at Wake Forest. After graduation in 1978, she enrolled at the university's law school.

Marilyn R. Forbes, who has been friends with Winstead since law school, said Winstead is a gifted lawyer who could easily pursue a lucrative career in private practice. But she has remained a prosecutor.

"I have a lot of respect for people who really dedicate their career to the public sector, to serving the needs of the justice system, the people of North Carolina," Forbes said.

In 1981, she got her law degree and went to work as an assistant in the Wake County District Attorney's Office. In three months, she became an assistant prosecutor. In April 1987, she went to work in the Durham District Attorney's Office. In Durham, Winstead prosecuted rape, vehicular manslaughter, murder, armed robbery and trafficking cases.

Winstead and District Attorney Mike Nifong worked together. Although Winstead will not be charged with investigating Nifong, part of her job will be to review his actions in the lacrosse case. Alex Charns, a defense lawyer in Durham, said the fact that Winstead and Nifong were colleagues in Durham could raise eyebrows. Charns said he thinks Winstead can do the job, but in such a highly scrutinized case, the link seemed an unnecessary risk.

"I don't understand why the attorney general would do that, to put Mary Winstead in that situation," Charns said.

In April 1994, Winstead moved to the special prosecutions section of the Attorney General's Office. She was responsible for handling cases that were referred to the office as well as cases before the state appeals court.

She has handled high-profile cases including a scandal in 1999 involving a Wayne County Sheriff's deputy who was accused of having sex with inmates at the county jail. In 2005, she prosecuted an insurance fraud ring in which several people were accused of staging car wrecks for money.

Winstead is a warm friend, wife and mother, say her friends and family. But when a case is approaching, they all know to leave her alone, her mother said.

"When she has a trial or she is going before the Supreme Court justices for oral arguments, her nights and days are completely dedicated to that," Dombalis said. "I think she blocks everything out when it's time to go to work."

Staff writer Benjamin Niolet can be reached at 956-2404 or bniolet@newsobserver.com.


49 posted on 01/21/2007 12:03:58 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

http://www.newsobserver.com/114/story/534740.html

Published: Jan 21, 2007 12:30 AM
Modified: Jan 21, 2007 02:41 AM


Duke prosecutor treads familiar ground

JAMES J. COMANSpecial deputy attorney general

WORK: Greensboro police attorney, 1973-1978; Greensboro assistant district attorney, 1978-1985; N.C. Department of Justice, 1985-present (senior deputy attorney general, SBI director, special deputy attorney general).

EDUCATION: Bachelor's degree, St. Anselm College, Manchester, N.H.; J.D., Wake Forest University.

FAMILY: Married, two daughters, two granddaughters.

HONORS: Twice awarded North Carolina's highest civilian award, the Order of the Long Leaf Pine, by Republican Gov. Jim Martin and Democratic Gov. Jim Hunt.

Joseph Neff, Staff Writer

In the coming weeks, the new lead prosecutor in the Duke lacrosse case can expect a deja vu moment when he meets with defense attorneys who will argue that charges should be dropped.
Special Deputy Attorney General Jim Coman had a similar meeting in 2003 with some of the same lawyers when they tried to persuade Coman to drop charges against former death row inmate Alan Gell.

Gell had been convicted in 1998 after prosecutors from the Attorney General's Office withheld evidence that could have proved his innocence. In some respects, Gell's case foreshadowed the one against former Duke lacrosse players Reade Seligmann, David Evans and Collin Finnerty. Previous prosecutors had withheld evidence favorable to the defense. There was no physical evidence against the defendant. The timeline had major holes. There was a solid alibi.

Coman chose to retry Gell.

It was just the most recent high-profile case for Coman, who has spent a career in the spotlight. He prosecuted members of the Ku Klux Klan after the fatal shootings of five Communist Workers Party members in Greensboro in 1979. He served as former Attorney General Lacy Thornburg's "junkyard dog," was outspoken as director of the State Bureau of Investigation and prosecuted or investigated many public officials.

Coman was appointed Jan. 13 by state Attorney General Roy Cooper to take over the highly charged case in which the three defendants are accused of sexually assaulting an escort dancer at a team party in March. A day earlier, Durham District Attorney Mike Nifong had recused himself amid a storm of criticism and ethics charges from the N.C. State Bar.

"I've heard others say he [Coman] is a bulldog and mean and tough, but my experiences have always been very pleasant," said Joseph B. Cheshire V, one of Gell's attorneys who now represents one of the lacrosse defendants. "He's always been reasonable."

A retrial for Gell

Cheshire, his partner Bradley Bannon, and Jim Cooney of Charlotte are lawyers in the Duke case who represented Gell in his second trial. When Cooney helped win him a new trial in 2002, Gell had already spent seven years behind bars, four on death row.

In spring 2003, Coman met with Cooney, Cheshire and Bannon.

Cooney tied together the evidence of innocence in a PowerPoint presentation that foreshadowed many elements of the lacrosse case. Coman chose to go forward, but the opposing lawyers still speak highly of him.

The Gell case differs from the Duke case in several key respects, Cooney said. A crime had definitely occurred: The murder victim was found in his bedroom riddled with shotgun pellets.

"You had two girls who testified that they were eyewitnesses to a murder, and a jury believed them,'' Cooney said. "And the victim's family was pushing for a retrial.''

Coman was lead prosecutor at Gell's 2004 retrial. The jury quickly found Gell not guilty.

"It was a difficult case for him to retry," Cooney said. "He and [assistant prosecutor] Pat Murphy tried as ethical and honorable a case as I've ever seen."

Coman, 64, declined to be interviewed for this story. Colleagues say the prosecutor can spin a yarn when he has a mind to, usually in salty and colorful language.

"Jim is fun to talk with; he can tell some tales," said Steve Royster, a Mount Airy defense lawyer who has faced Coman in several cases. "He loves to tell war stories, and that is very entertaining when you represent the other side. Now, he may be very personable, but he doesn't cut you any slack.''

A life in law

The son of a Rahway, N.J., police chief, Coman has been in law enforcement his entire life. His first job as a lawyer was as an attorney for the Greensboro police. In 1978, he became an assistant district attorney.

One of his first, toughest and highest-profile cases was the murder prosecution of Ku Klux Klan members in Greensboro in 1980. Five members of the Communist Workers Party were killed during a "Death to the Klan" rally. TV cameras captured the 88 seconds of mayhem: Some party members rushed the KKK and Nazi convoy as it arrived and pounded on the cars. Klansmen pulled guns and fired, and several communists fired back. Five communists were killed.

Coman was one of three prosecutors on the case caught between hate groups. The victims' families refused to cooperate with the prosecutors and actively undermined the trial. On the first day of jury selection, dozens of party members rushed the courtroom, caused a riot with security and pulled fire alarms as they fled the building.

Widows of the victims were gagged and removed after they denounced the trial as a sham devised by the bourgeoisie. Someone poured skunk-scented oil on the floor. One party member testified, but he refused to identify photographs of his bullet-riddled colleagues and launched into a tirade that revolution was imminent.

An all-white jury acquitted the Klansmen. Coman and his fellow prosecutors discussed the case and their frustrations at length in a 2005 interview with the Greensboro Truth and Reconciliation Commission, which published a summary of the interview.

According to that summary, the prosecutors said the communists, by refusing to humanize their loved ones, reduced themselves to cardboard caricatures of rabid Marxists. Coman primarily blamed the communists: They were the provocateurs, he said, and the KKK members were so foolish to need to establish their manhood that they fell into a trap.

"To me, the conduct of the CWP -- as reprehensible as the Klan was -- that they won't even admit they did anything wrong, for me, they bear much more responsibility for what happened,'' said the summary of Coman's interview. "If just one of them has the moral fiber to get up and say publicly that they have regrets for what they did, you can call me up and say I am full of [expletive]."

Coman moved to Raleigh in 1985, when Thornburg, then the attorney general, hired him to work in the special prosecutions section. Thornburg, now a federal judge, used to refer to Coman as "my junkyard dog." Colleagues presented him with a "buzz saw award" -- a saw blade mounted on a plaque.

In 1993, Attorney General Mike Easley -- now governor -- named Coman as SBI director. Coman oversaw the investigation of Alexander Killens, director of the Division of Motor Vehicles, who pleaded guilty to obstruction of justice. He also supervised the investigation of Rufus Edmisten, then secretary of state and a former state attorney general. Edmisten resigned.

Coman returned to the Attorney General's Office in 1999 at Easley's request, in part because Coman made blunt remarks to a News & Observer columnist about a case in which two Hispanic men languished in jail for eight months, awaiting SBI lab tests that would exonerate them.

"Those guys oughta be thanking us," Coman said. "Six years ago there wouldn't have been any damn tests. Do I feel sorry for the guys? No. Is it fair? No. No one ever said life was fair."

For the most part, Coman has avoided speaking with the media since then. He has focused largely on prosecuting public officials, judges and law enforcement officers.

Gell aftershocks

After Gell's acquittal, the N.C. State Bar brought misconduct charges against the two assistant attorneys general who withheld the evidence at Gell's first trial, including a tape recording of the state's star witness saying she had "to make up a story" for police.

Coman appeared as a character witness and supported the prosecutors' decision not to give Gell's attorneys the tape. The tape could be used to "impeach" the witness or undercut her credibility, Coman testified, but didn't have to be turned over.

The U.S. Supreme Court first ruled in 1972 that prosecutors must turn over impeachment material in criminal trials.

This interpretation of constitutional law from the lead prosecutor in the Attorney General's Office proved controversial. At a State Bar hearing in 2005, Coman defended himself under close questioning by Cooney, his adversary in the Gell and Duke lacrosse cases.

"The mere fact that something can be impeaching in and of itself does not automatically require that it has to be turned over," Coman said.

Coman conceded that Cooney, Cheshire and Bannon used the tape to great effect on the jury, who twice listened to it during deliberations before finding Gell not guilty.

"The tape came in, and I certainly do believe that it had an influence on the jury," Coman said. "For me to come in here and say, 'No, it wasn't impeaching' would have been ludicrous."

Staff writer Joseph Neff can be reached at 829-4516 or jneff@newsobserver.com.


50 posted on 01/21/2007 12:06:21 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

http://www.heraldsun.com/opinion/hsletters/

Not fit to lead

Richard Brodhead, president of Duke University, must think all of us are so stupid we are buying into his assertions now, that he believes all involved in the LAX debacle should be presumed innocent until proven guilty. That's a far cry from his public view when the so called rape occurred. He jumped on District Attorney Mike Nifong's corrupt bandwagon and fed the players to the wolves. Now he has even invited the two undergraduates back to Duke.

Brodhead chose to condemn the players before the evidence was in. Now that all of us have found Nifong to be less than honest and honorable, it appears Brodhead is attempting to change horses in the middle of the stream. He has done a terrible injustice to the three victims -- yes the three young men are the victims, not the accuser.

It appears she saw a ripe money tree and decided to harvest her crop. Nifong and Brodhead were right there to hold the money bags.

Could Brodhead now fear that he and Duke will be sued? Could his job be in jeopardy? I hope so, because he has not shown the objectivity, wisdom and loyalty to hold the position of president at Duke University.

Louise Rigsbee
Durham
January 21, 2007

Where's the compassion for the least among us?

I find the letters about the Duke lacrosse case very disturbing.

The enraged outcry about judicial misconduct in this case was noticeably absent for Alan Gell, who faced a death penalty as a result of prosecutorial skullduggery. Alan was poor, unconnected, and without a prestigious legal team.

What strikes me about the lacrosse case is how so many are outraged about three privileged young men experiencing unfairness, and the level of hateful vitriol directed at those who suggest this case is about more than legal culpability.

I notice that these young men (and their parents) insist on innocence without taking responsibility for their behavior on the night in question. Apparently hiring dancers, monstrous drunkenness, racist, degrading name-calling and harassment are not grounds for moral outrage. Forget the team's culture of long-standing irresponsible and unaccountable behavior. Forget the prevalent elitist, racist, sexist behavior on campus exposed by this case. Forget the larger context of violence against women.

Instead, decry with wrath and resentment any threat to assumed privilege while remaining silent about insidious injustice that happens to nameless people every day. My hope is that we might instead hold equivalent compassion and concern for everyone in this community.

Tema Okun
Durham
January 21, 2007


51 posted on 01/21/2007 2:25:49 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

http://www.nypost.com/seven/01212007/tv/fe...il_mushnick.htm

FESTERING ISSUES IN DUKE LACROSSE CASE
By PHIL MUSHNICK


January 21, 2007 -- On one hand, "60 Minutes" lately has done an admirable and thorough job, devoting two full segments to the wishful-thinking American justice system that left three Duke lacrosse players indicted for rape.
On the other hand, what took it so long? "60 Minutes" could've reached many of the same conclusions 10 months ago, when the charges against the students were first made.

And where's everyone else in the news media who rashly fueled an episode of mob and racial injustice, so reminiscent of what American blacks suffered for decades?

If the news media is disinclined to step forward to admit that it prompted erroneous and dangerous conclusions -- white people doing dirt to black people, yet again! -- why hasn't the case's evisceration been given the same blaring treatment as when the NAACP rallies were held? Or when a Duke professor called for the entire lacrosse team to be expelled in order to rid the school of the "drunken white male privilege loosed among us," and when the indictments were issued?

The news media, in this pathetic case of abandoning justice to pander to every sensibility except justice, was as guilty as Durham County D.A. Mike Nifong, the desperate fellow who needed Raleigh's African-American vote to get reelected, even if it meant sending innocent people to prison. The media, always gutless in affairs that become immersed in race, essentially fanned imaginary flames after the first cries of "Fire!"

snip


52 posted on 01/21/2007 2:26:27 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

http://www.timesdaily.com/apps/pbcs.dll/ar.../-1/COMMUNITIES

Article published Jan 21, 2007

The making of a social disaster

The question posed by the title of a newspaper advertisement taken out by 88 Duke professors after allegations of a black woman being raped by three white members of the university's lacrosse team was this: What does a social disaster look like?

I will give you one possible answer. It looks like a bunch of academics making wildly incendiary remarks at the top of their lungs about racism and sexism on campus at a time when a sense of fair play and decency would advise you to speak dispassionately, and very carefully.

The advertisement may have fallen short of a mob in the streets, rope in hand, marching to lynch the accused -- but not by as much as you would hope. The implication that a rape certainly occurred and that racist whites were responsible was everywhere to be sniffed out, and that was just the beginning: There was a sense of incitement throughout the harangue.

It talked of many students who "know themselves to be objects of racism and sexism'' and "see illumined in this moment's extraordinary spotlight what they live with every day'' -- an ever-present danger of racial mayhem, one would guess, though no evidence is supplied.

It spoke of students "shouting and whispering about what happened to this young woman and to themselves.'' Anonymous students then quoted in the ad mostly address white insensitivity to their concerns, but also "terror.'' One quote says "what has happened is a disaster,'' and the professors jump in again: "The students know this disaster didn't begin on March 13th (the date a stripper said she was the subject of sexual assault at a lacrosse team party) and won't end with what the police say or the court decides.''

snip


53 posted on 01/21/2007 2:29:36 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

http://www.philly.com/mld/inquirer/news/ed...al/16507607.htm

Posted on Sun, Jan. 21, 2007



Letters | Letters




Students are victims

Re: "Nifong belatedly does the right thing," Commentary, Jan. 17:

Ruth Sheehan's attempts at fairness are admirable, but they fall flat when she includes the Duke University lacrosse players in her list of villains.

Sheehan commits the error of blaming the victims when she criticizes the students for the company they kept, implying that even though they aren't rapists, they're nonetheless guilty of bad taste.

The last time I checked, bad taste and immoral behavior were not considered crimes in this country, and certainly not enough to justify the unconscionable treatment these three young men received.

I doubt Sheehan would agree that even though the Scottsboro boys were railroaded by a racist system, they were at some level responsible for the tragedy because of their itinerant lifestyles. It is equally unlikely that she'd blame the young woman who was murdered after bar-hopping in Manhattan for her untimely end.

The fact that the Duke defendants are white and privileged should make no difference in our evaluation of justice; they don't deserve to be placed in the writer's rogue's gallery.

Christine Flowers

Philadelphia
cmf1261@aol.com


54 posted on 01/21/2007 2:31:54 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abner; Alia; AmishDude; AntiGuv; beyondashadow; Bitter Bierce; bjc; Bogeygolfer; BossLady; ...

Pinging with Sunday's DukeLax news


55 posted on 01/21/2007 2:33:09 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb
"The faculty enabled Nifong," Baldwin said in an interview. "He could say, 'Here's a significant portion of the arts and sciences faculty who feel this way, so I can go after these kids because these faculty agree with me.' It was a mutual attitude."

Soon after the allegations were made, 88 Duke professors (commonly referred to as the "Group of 88") from the Trinity College of Arts & Sciences placed an ad in The Chronicle supporting the alleged victim and quoting individuals citing racism and sexism in the Duke community.[129] In three departments, more than half of faculty signed the statement. The department with the highest proportion of signatories was African & African-American Studies, with 80%. Just over 72% of the Women's Studies faculty signed the statement, Cultural Anthropology 60%, Romance studies 44.8%, Literature 41.7%, English 32.2%, Art & Art History 30.7%, and History 25%. No faculty members from the Pratt School of Engineering or full-time law professors signed the document. Departments that had no faculty members sign the document include Biological Anthropology and Anatomy, Biology, Chemistry, Computer Science, Economics, Genetics, Germanic Languages/Literature, Psychology and Neuroscience, Religion, and Slavic and Eurasian Studies.
Wiki

Just Arts and Fuzzy studies. No Science.

56 posted on 01/21/2007 3:21:48 AM PST by dread78645 (Evolution. A doomed theory since 1859.)
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To: JLS
Thank you. Yes we were talking past each other on semantics.

And WASC is also involved with the accreditation curriculum for teachers getting their teaching credentials, as I reviewed numerous curriculum for pals working towards getting their teaching credentials and WASC is all over the material. As I understand it, primary and secondary teachers must be credentialed to teach because of the laws surrounding Minors.

[I suspect they can hire someone temporarily in an emergency not credentialled]

They can, and as long as they go through the proper fingerprinting procedures, background check, etc.

A college can hire anyone they want to teach anything they want

And so how does one go about removing college professors? Avoid their classes?

Let me put this another way, when I was in college, I dropped Economics TWICE because the teachers were teaching Economics from a psuedo-Marxist perspective. This was a long time ago. I did finally find a professor teaching Econ from a free-market perspective. Loved it to the max.

I'm not wishing to put you on the spot, but you are within the system. Recommendations on how to get better professors into college? FIRE and DHorowitz are attempting to open the colleges up inside the closed, negative, systems they have become. How does one go about this in re a private college? Letters of complaint to the dean?

57 posted on 01/21/2007 4:35:06 AM PST by Alia
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To: JoanOfArk

I did a primary search. Yes, I thought it important, given Dr. Holloway's "perspective" to ascertain the race of her son's victims. Didn't find out.


58 posted on 01/21/2007 4:39:00 AM PST by Alia
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To: luv2ski

Yep.

Trolling here since 1998.

Leave Duke? I went for the business education and training - not political indoctrination.


59 posted on 01/21/2007 4:47:33 AM PST by Jonathan
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To: JoanOfArk
Miriam Cooke at Duke, 2003:

**
Postcolonial, or multicultural, feminists who tend to congregate in the universities have a different reason than gender feminists for not wanting to speak up about the oppression of women in the Muslim world. For them, the guilty legacy of imperialism has made any judgment of formerly colonized peoples an immoral expression of "orientalism" and a corrupt attempt to brand "the other." If Muslim men could be said to oppress their women, it is in any case the fault of Western imperialists, or more specifically, Western men. "When men are traumatized [by colonial rule], they tend to traumatize their own women," says Miriam Cooke, a Duke professor and head of the Association for Middle East Women's Studies. The postcolonial feminist condemns not just war in Iraq and Afghanistan, but any instances of what Columbia professor Gayatri Spivak calls "white men saving brown women from brown men."

60 posted on 01/21/2007 4:55:37 AM PST by Alia
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