by TChris

Apart from Jeralyn's informative observations here at TalkLeft, some of the most interesting takes on the Duke lacrosse case have come from sports columnists. In a piece headlined "Justice is getting lost in Duke case," the Kansas City Star's Jason Whitlock argues that it's time for sensationalists to take a step back and look at the evidence:

The fact that one of the arrested suspects seems to have an airtight alibi -- a cabbie, cell phone records, an ATM receipt and record of entrance into his dorm room -- is completely ignored. So is the fact that the other stripper clearly has questionable motives and is interested in seeing if she can "spin" this tragedy to her advantage and possibly make a little cash.

Criminal accusations, Whitlock reminds us, should be judged on their merit, not on preconceptions about the likely behavior of privileged white men and black female college students of significantly lesser means. Deeper societal issues of racial injustice may or may not be showcased in a particular trial, but they can't be remedied in a criminal prosecution. Prosecutions depend on facts, not stereotypes. It is unjust to base opinions about the merits of an accusation on the race or social status of the accuser or accused.

Again, I don't know what happened inside that house. But I do know that Martin Luther King Jr. and many, many others of all races did not die so that the poor, black and oppressed could surrender the moral high ground and attempt to inflict injustice on the privileged. ... We're far better served being on the side of justice at all times and complaining when it doesn't arrive at our doorstep rather than rooting for injustice to befall the privileged.

by TChris

Laws punishing peaceful dissent are contrary to the letter and the spirit of the First Amendment. As we listen to pundits proclaim that dissent is unpatriotic, that criticism of a Republican government gives aid and comfort to the enemy, we should draw lessons from mistakes made in response to similar sentiments in the past.

Gov. Brian Schweitzer signed a pardon yesterday of 78 persons who were convicted of violating Montana's sedition law during and after World War I.

Montana's sedition laws served as a model for the federal sedition laws also passed in 1918. Other states had such laws, but none was more vigorous in pressing them than Montana.

Remarks that were labeled seditious -- in one case, the observation, "This is a rich man's war" in a saloon -- carried fines approaching $20,000 and sentences of up to 20 years in jail.

Mike Nifong, Durham County District Attorney, has won the Democratic primary election. Since there is no Republican candidate, he retains his job for another term.

Now that the election is out of the way, maybe he will have time to take a look at the defense photos showing Reade Seligman at the ATM machine at 12:24 am, a critical time period for the alleged rape.

Accused Duke Lacrosse player Reade Seligman's lawyer filed a motion (pdf) today seeking recusal of the DA. It's a great motion, you should read the whole thing. It lays out the undisputed and disputed evidence, has new details, and alleges the D.A. was motivated by the primary election which is being held tomorrow and a desire to claim the national spotlight.

The motion also alleges he improperly injected himself in the lineup, causing the Durham Police Department to violate their own procedures which are embodied in a police department order.

There's follow-up news on the Duke Lacrosse player accuser's filing of a report in 1996 claiming three men raped her in 1993, when she was 14. Her ex-husband now says he encouraged her to file the report. The accuser's father, meanwhile, said the earlier rape didn't happen -- or at least he never heard about it.

Kenneth McNeil, a Durham man who was married to the woman for 17 months, said in an interview Friday that three years after the incident, he urged her to make the report to Creedmoor police to help her overcome the trauma. "I wanted them to pay for what they did," said McNeil, who was then engaged to the woman.

He has no first hand-knowledge of the incident, which occurred when the accuser was in high school. Here's what he says she told him during their engagement:

The Palm Beach Sheriff's office announced today that Rush Limbaugh turned himself in on an arrest warrant for prescription fraud charges connected to the doctor-shopping charges. He was there for an hour and posted a $3,000.00 bond.

Talk about cops milking arrests for publicity....The case is settled. Limbaugh is getting a deferrred prosecution. The charges will be dismissed in 18 months. That's even better than a deferred judgment which requires a guilty plea.

The State Attorney has filed a single charge of doctor shopping with the Court. The charge is being held in abeyance under the terms of an agreement between the State and Mr. Limbaugh. Mr. Limbaugh has filed a plea of "Not Guilty" with the Court.

They should have let him surrender on a summons. The only reason they insisted Rush turn himself in on the arrest warrant and get booked was to shame him. Shame on them.

Update: The New York Times reports the accuser filed the earlier gang rape report when she was 18, and said it happened when she was 14. No explanation for the almost 4 year wait.

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The Duke Lacrosse players' accuser's parents confirm she has prior mental health issues and has been raped previously.

The mother of the alleged victim told ESSENCE magazine that her daughter did go away to a hospital in Raleigh, North Carolina, for about a week last year, where she was treated for a "nervous breakdown." While the accuser's parents did not say they knew what brought on the breakdown, they did say that their daughter was upset about mounting bills. The mother also told ESSENCE that when her daughter was 17 or 18, she was raped by several men, one of whom was someone she knew. The attack took place in the town of Creedmoor, about 15 miles northeast of Durham, and was a "set up," according to the accuser's mother. Although other family members confirmed that the alleged victim reported the incident to police in that jurisdiction, the young woman declined to pursue the case, relatives say out of fear for her safety.

Megyn Kendall of Fox News is reporting that she spoke to the accuser's father who relayed to her that his daughter told him she was sodomized with a broomstick and isn't certain of the third player's identity.

Last week I predicted Gloria Allred would show up to represent the accuser. She's in New York tonight on Hannity and Colmes, talking about how the accuser needs excellent representaton.

Is she making a pitch?

Update: Two of the legal commentators on Greta's show just came out opining the accuser needs representation and suggested Gloria. One of them is in California, and said, "maybe she's [Gloria] is in that part of the country right now.] He knows she was on the H & C segment Allred a few minutes before he went on.

DA Mike Nifong said today he is going to move to revoke diversion deals with several of the Duke lacrosse players who attended the party that was was the site of the alleged rape.

According to court records, 16 players were charged in the past three years with misdemeanor charges in Durham including noise violations, public urination and alcohol violations. The deals placed the men on probation for either six months or a year. They were to complete community service and in some cases were required to abide by the rules and regulations of the university. The deals required the men to pay fees and in some cases remain in school.

Nifong said he will reinstate the charges against players whose deferred prosecution deals are still active, unless they can show they were not at the party.

The first to have charges reinstated: Dave Evans, a team co-captain who lived at the house.

Lawyers for Duke lacrosse player Reade Seligman today filed a motion seeking the accuser's mental health records.

The motion alleges that ""the complaining witness has suffered from mental and emotional problems for a portion of her life."

Additionally, J. Kirk Osborn, who represents 20-year-old Reade Seligmann, surmises that there is a "good chance" that the accuser "may have been committed, at least once, to a hospital or drug treatment program." As such, Osborn wants material documenting the woman's supposed "drug abuse history," [as well as her] probation, and education records. The material sought, Osborn argues, provides "rich sources of information for impeaching the complaining witness."

The defense is asking that the records be provided directly to them, rather than to the court for an ex parte review.

Update: CBS has a recap of this morning's testimony.

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It's Ken Lay's turn on the witness stand today as the Enron trial winds down. His defense will be he's an optimist, not a crook.

He will try to convince jurors that what prosecutors call fraud was really the misdirected power of positive thinking.

...Lay insists that he refused to dwell on problems and focused instead on good news in an honest belief that he could right the ship when it listed in late 2001. That, Lay's defense lawyers argue, is not enough to send a man to prison for what could be the rest of his life.

Where does this optimism come from?

Here's an open thread dedicated to the Duke Lacrosse case.

Newsweek has a very detailed 8 page recap of events in the Duke Lacrosse players alleged rape case. If you don't have time to read the whole thing, here are the highlights I found significant. First, the article puts Reade Seligman's alibi defense in a clear and concise nutshell.