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Duke Accuser's Parents Speak Out on Mental Health Issues

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.

...Family members said that after the first alleged assault, the young woman underwent about a year of professional therapy and received a course of prescription medication. Her parents said that they were not aware of any other drug use in their daughter's past, as defense attorneys have suggested. The woman's mother told ESSENCE that her daughter, who had lived in the same home with her parents and her two children prior to the March 13 incident, appeared to have recovered after the therapy she had following the incident.

NBC reports the accuser filed a rape charge ten years ago against three men but charges were not filed. Civil rights attorney Willie Gary may jump in to represent the accuser.

The New Black Panther Party is now providing security for the accuser.

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    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#1)
    by chew2 on Thu Apr 27, 2006 at 05:22:41 PM EST
    TL, Appologies for skewing up the site. I tired using the url buttom but couldn't get it to work. SUO told me how, so now I think I've got it right.

    Reports that the "New Black Panthers" are now protecting the AV. The group's been IDed by the Southern Poverty Law Center as a hate group. Forget justice. It's all agit-prop now.

    When did the remaining 43 team members sit down with police investigators and give their statements?
    It was agreed by all of the players that the team captians would speak for all of them. The other 43 players have not refused to speak. The DA has not called them. They called the team captains. And the truth is that ll of them have lawyers to speak for them. They have all came out and said that nothing has happened. It is up to the DA to bring these guys in. He has not done that, and that should tell you something.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#4)
    by azbballfan on Thu Apr 27, 2006 at 05:39:08 PM EST
    chew2 or anyone How do you get the red line next to quoted text from other posts?

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#5)
    by chew2 on Thu Apr 27, 2006 at 05:40:01 PM EST
    The New Black Panthers would be a very polarizing influence. It doesn't appear the family wants them, and if Willie Gary comes on, he'll probably make sure the family has nothing to do with them.
    The accuser's father said he spoke with his daughter Tuesday night but that she made no mention of threats or fearing for her life. He has been speaking with her regularly and says she is in good mental health. He said that while he knows she has been staying in a variety of locations, he does not know if it's because she has received threats. He added that he had been worried for his daughter's safety but no longer thinks it's an issue. The father has also given apparently conflicting statements to different news organizations about whether his daughter is willing to testify.
    Black nationalists provide security for rape accuser Sound like he's downplaying the threat now, because of this New Black Panther Party.

    I may be wrong, but gang rape strikes me as a very rare crime.

    I am trying to determine what redeeming value releasing the names in any of these cases has to our society and I can find none.
    I can see a redeeming value for releasing the names of the accused prior ot conviction. The alternative requires government action before the press is allowed to report stories involving criminal allegations. Imagine the power that would give to a prosecutor--he could keep someone's name forever out of the press simply by declining to file charges.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#8)
    by chew2 on Thu Apr 27, 2006 at 05:47:41 PM EST
    azzbbalfan, I shouldn't be giving advice since I screwed up the html, but.. If you want to set off your quote with the red line, 1. press the quote button above the comment box. 2. insert your text in the comment box. 3. press the quote button again

    So who is going to file a false rape allegation on this woman? That all I want to talk about now...I want to see her get prosecuted...To send a message to all those who false accuse... She needs to be used as an example.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#10)
    by Lora on Thu Apr 27, 2006 at 06:01:41 PM EST
    huesofblue, Wikipedia on rape > gang rape says that 10 to 20% "involve more than one attacker" but it is unclear to me whether the article means that 10 to 20% of rapes are gang rapes. That's how I'm reading it. supamike, From a thread here on April 14 (to which you posted), police went to the dorms and attempted to interview the players. They didn't get anywhere. I think we can safely say that the players refused to speak at that time.

    I asked... When did the remaining 43 team members sit down with police investigators and give their statements? To which supamike replied...
    It was agreed by all of the players that the team captians would speak for all of them.
    How nice for them. Do you suppose that by allowing only three -- out of the requested 46 -- people to give statements to police investigators that it should be considered that all 46 players were being "cooperative"?
    The other 43 players have not refused to speak. The DA has not called them. They called the team captains. And the truth is that ll of them have lawyers to speak for them. They have all came out and said that nothing has happened.
    Evidently the district attorney says otherwise... Nifong said today that the 46 members of the No. 2 ranked team are united in silence and refusing to talk with investigators probing the rape case. Duke University Provost Peter Lange said, "The students would be well-advised to come forward. They have chosen not to."

    So, lightening has struck twice? This has got the makings of a really sad made for TV movie. It appears she is trying to concoct another false rape claim. I truly feel sad for this woman.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#13)
    by Teresa on Thu Apr 27, 2006 at 06:18:59 PM EST
    I truly feel sad for this woman.
    So do I Spyderman. If charges get dropped will we ever know what is in that medical report? Several commentators have said the injuries are much worse than swelling and bruising (I never believe that Wendy woman or Nancy Grace but I do others). If true, how did the injuries get there? I hope the DA doesn't leave us hanging even though I guess it's none of our business.

    I also truly feel sad for this woman. It seems that if left to her own decision, she will choose to alienate herself from the civil right groups by refusing Willy Gary's voluntary legal representation but instead believes that she could get protection by surrending her personal safety to a hate group.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#15)
    by azbballfan on Thu Apr 27, 2006 at 06:25:16 PM EST
    Thanks Chew2!!!

    If charges get dropped will we ever know what is in that medical report? Several commentators have said the injuries are much worse than swelling and bruising (I never believe that Wendy woman or Nancy Grace but I do others). If true, how did the injuries get there? I hope the DA doesn't leave us hanging even though I guess it's none of our business. I have not heard ANY comments about the rape kit or "swelling and bruising." Isn't that sealed? The story is falling apart. In an attempt to explain away the lack of DNA the father now claims they raped her with a broom handle, yet none of the warrants list it as evidence. Hey, wouldn't her DNA be on the broom handle? Not that this would actually implicate the lacrosse players... This is just sad on every level.

    azbballfan and chew2, It's easier to paste your whole quote in post then highlight the passage* and hit the quote button. *Highlight & hit quote one paragraph at a time.

    Spyderman, the only quotes I've seen from the rape examination were "injuries consistent with rape" and "vaginal tearing." I think both quotes were in one of the DA's moving papers, either one of the search warrants or the indictment. Has anyone seen where Nifong got his statistic that 80% of rapes are prosecuted without DNA evidence? Anyone ask? Before DNA became a tool for criminologists in the 90s all rapes were prosecuted without DNA. I presume rapes where the attacker is caught at the scene of the crime would not need DNA, but if it's there I'm sure any DA would use it.

    The Abrams Report:
    NIFONG: I am convinced that there was a rape, yes, sir. ABRAMS: And why are you so convinced of that? NIFONG: The circumstances of the case are not suggestive of the alternate explanation that has been suggested by some of the members of the situation. There is evidence of trauma in the victim's vaginal area that was noted when she was examined by a nurse at the hospital. And her general demeanor was suggestive of the fact that she had been through a traumatic situation.
    From the search warrant:
    Medical records and interviews that were obtained by a subpoena revealed the victim had signs, symptoms and injuries consistent with being raped and sexually assaulted vaginally and anally. Furthermore, the SANE nurse stated the injuries and her behavior were consistent with a traumatic experience.


    Bob, I've heard those comments too, just not to the level of misinformation teresa is trying to put out. I've heard speculation that it's impossible to differentiate between rough sex and rape during a rape exam.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#21)
    by james on Thu Apr 27, 2006 at 07:53:16 PM EST
    "Has anyone seen where Nifong got his statistic that 80% of rapes are prosecuted without DNA evidence? Anyone ask?" This is the somewhat sick part: Nifong is not making a correct comparison. His 80 percent figure includes the 80-90 percent of rapes in which there is only *one* rapist. In the 10-20 percent gangrape category you generally have two people and three is much rarer. So what are the stats on leaving DNA when 3 men are involved in a gangrape? Lots higher than a single perp. So his comparison is garbage. I've asked the News and Observer, my local Raleigh/Durham paper, to explain that stat which they repeated for days but to no avail. The lacrosse team has no reason to want to talk to the DA. Of the three captains who made up a list of people at the party for Nifong, one has had his deferred prosecution torn up. So you make him a list but swear there was no rape and you get whammed. Talking is not in their interest unless they are facing a charge and want to make up a story.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#22)
    by james on Thu Apr 27, 2006 at 08:01:18 PM EST
    Another question: Why is it that this woman had to work for an escort service to 'go to school' and 'support her kids'. This gets repeated without questioning ad nauseum. I live in the area and I know lots of single moms (okay 7), 2 of which have 2 kids. The 2 go to nc central btw - I go elsewhere but highschool friends. Anyway, they have no support but get their kids on Medicaid, get their tuition covered on aid, and have food stamps/debit cards. They ride the university's buses. They might not live in luxury, but they haven't sold themselves. There's no reason to have to strip and go on one-on-one 'dates' as often as this woman was to support just her kids. She'd have to be supporting something else as well, like herself in someway. No, I don't believe the Duke players raped her. I do believe they insulted her and her co-worker. And btw physical symptoms 'consistent with rape' also would apply to lots of consensual sex. You can't 'determine' rape from a rape kit in every single case (yes I realize it can be obvious).

    supamike, I really doubt there's much point to prosecuting her. I've heard of some people going to court to get a ruling of "innocent" in similar situations. Have no details on this or if it's even possible in North Carolina. If this case does fall apart in the next couple of days, Nifong will surely pay the price. When this case came up and so many people were ready to assign good and evil to each side I got a very bad feeling. The problem with making people personifications is that they don't necessarily live up to your grand expectations. Making this a case of evil rich, white privileged frat boys versus the poor, the people of color, or feminism has not served the goals of social justice at all.

    Which is not to say that we might wake up tomorrow with positive DNA results for Finnerty and Seligmann.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#26)
    by Teresa on Thu Apr 27, 2006 at 08:34:14 PM EST
    Bob, I've heard those comments too, just not to the level of misinformation teresa is trying to put out. I've heard speculation that it's impossible to differentiate between rough sex and rape during a rape exam.
    Give me a break Spyder. The TH's on TV said that not me. I just want to know what is in the report. I realize that rough sex can cause some symtoms. That's why I wondering if there is more or if that DA put his career on the line based on the woman's account and a routine rape exam.

    C'mon Lora, have you ever surfed the internets? There are some sick people out there. Rough consensual sex is not uncommon, especially in the escort business. Anyway, who can't act hysterical? Just acting hysterical doesn't indicate a rape occurred. Not getting paid for your 4 minute dance, of which you have to pay the house 50%. Motive? If the timeline for one of the accused is broken then it's broken for everyone. This case is shot and the DA would be wise to drop it.

    Lora, there were pictures of her having apparently fallen down the back steps of the house. Bruises on the face and arms can happen if you fall down stairs. I'm not sure what kind of injuries happened to her pelvic area. Which doesn't mean that they didn't come from a rape, just that bruises on someone's body, if they were very intoxicated and fell down stairs, could be explained by her falling down.

    Without physical evidence like DNA connecting these men to a rape, or a witness, something, the she said/they said is not going to win any convictions in this case. The woman's credibility is damaged. I've suggested before that the AV had a blackout. It's clear that she was very intoxicated by the time she left the house and when she got to Kroger's she was described as passed out drunk. I think it was drugs, perhaps slipped to her by someone at the house, perhaps something she took. In any case, at some point she regained consciousness, felt all the injuries she had and very well may have presumed rape. That is, rape became a logical explanation to the bruises and her blackout. People tend to try to fill in the blanks in their consciousness when trying to piece together a narrative. It doesn't even require a blackout. If the woman had been raped before (or if she had some pre-existing psychological thingie about being raped) this could have been what she saw as an explanation to what happened to her. Just a theory.

    Bob from Pacifica posted:
    Which doesn't mean that they didn't come from a rape, just that bruises on someone's body, if they were very intoxicated and fell down stairs, could be explained by her falling down.
    If the bruising on the neck is true, that's harder to explain by falling down. charlotte.com
    The players' attorneys also claim that time-stamped photos taken at the party showed the woman was bruised, bleeding and "seriously impaired" when she arrived at the party, which began March 13 and continued into the next morning.
    charlotte.com
    The woman was too impaired to perform more than a few minutes as an exotic dancer, defense lawyers say.
    Kinda odd that they would be complaining she showed up "seriously impaired" - too impaired to dance, yet they offer her a mixed drink? How genteel of them. I don't think Nifong would drop those hints about the tox screen if he didn't already have the results in his hands. All this talk about her vaginal and anal injuries being consensual/professional sex is going to come down to how severe the injuries are. Most rapes show no sign of injuries to the genital area, so when there is any injury it is significant. Rita Cosby claimed the nurses own words were "severe vaginal trauma." Unless the accuser comes out and admits she lied, this thing ain't over.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#31)
    by chew2 on Thu Apr 27, 2006 at 10:12:06 PM EST
    I think it was drugs, perhaps slipped to her by someone at the house, perhaps something she took. In any case, at some point she regained consciousness, felt all the injuries she had and very well may have presumed rape. That is, rape became a logical explanation to the bruises and her blackout.
    Or she could have been raped. Perhaps by some angry team members who thought they had been cheated and wanted to teach her a lesson. But her ability to accurately remember the details or to identify the assailants is impaired. In that case she would be unlikely to obtain justice, unless there is physical evidence, or unless one of the loyal team members talks.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#25)
    by Lora on Thu Apr 27, 2006 at 11:18:47 PM EST
    Rough, consensual sex?? Here's the ESPN's description of the AV's injuries from a hospital source (imho posted this under the April 11 "DA will continue" thread, but you "rough sex" types need to see it again!) Here are some choice quotes:
    "She was hysterical," the source said. "She was crying, she was pretty banged up.
    She was walking on her own, but there were bruises on her face, neck, and arms.
    There were injuries to the woman's pelvic area, the source said.
    "She just kept hollering and screaming.
    And...just HOW many women would want this kind of sex? Last time I looked, that would be...none.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#32)
    by azbballfan on Fri Apr 28, 2006 at 12:17:50 AM EST
    While this is a fascinating case. A much bigger one is growing. The next quarterback heisman superstar at USC was arrested for sexual assault and is most likely going to miss next season. Any thoughts?

    No thoughts, and it's off topic.

    Supamike writes,
    So who is going to file a false rape allegation on this woman? That all I want to talk about now...I want to see her get prosecuted...To send a message to all those who false accuse... She needs to be used as an example.
    Being a defendant is a lot easier than being a complainent in the criminal venue not only because the fourth amendment sets up a discovery imbalance but because of the asymmetry of the "beyond a reasonable doubt" standard. If the accuser drops this case, and the Duke students try and bring charges against her or sue her, the fourth and fifth amendment rights they are hiding behind now like so many mother's skirts would suddenly be lifted and the Dukesters would find the particulars of their decadence exposed to public view. Would the Duke students really like to trade places in this way? Putting themselves at the very risk they have just spent a fortune in legal fees reduce? I'm guessing they'd prefer not to. Right now there are couple of players looking at what happened to Ryan McFadyen and thinking to themselves "that could be me." I picture some poor little white boy with a deer i the headlights face (not unlike Finnerty's courtroom face) hoping the world doesn't get to find out he made the broom comment, or the "grandfather's cotton shirt" comment or the "just a stripper" comment. He's safe now, an obscure figure in a pretty big crowd. So, SupaMike, I wouldn't bet that anyone is going to make an "example" of her for you. I think if she's accomplished one thing, this poor black woman has managed to take from these guys what very few college lacrosse teams were able to take. Speech crime or no, she has taken away their swagger. And she's such a petite, shy person they say. Weird science!

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#35)
    by Jlvngstn on Fri Apr 28, 2006 at 06:33:33 AM EST
    I can see a redeeming value for releasing the names of the accused prior ot conviction. The alternative requires government action before the press is allowed to report stories involving criminal allegations. Imagine the power that would give to a prosecutor--he could keep someone's name forever out of the press simply by declining to file charges.
    Who is saying the press cannot cover the case? The press can cover the cases in England without reporting the names of the accused and it works quite well. To me this is very simple, people love to gossip and judge hence the popularity of weenies like Hannity, scarborough, grace and o'reilly. I have not seen one compelling argument for the release of names of those involved on this site or any for that matter. Misery loves company and it would appear there is a lot to go around. James - Stripping is legal and pays a hell of a lot more than 7.50 an hour. Have you ever watched a porno? Have you ever masturbated? Guess what? Biblically speaking, your sins are "sins" just like hers. Pull the damned tree out of your eye before removing the splinter in hers. You want to play your "morality" card, flip it to the boys who hired the stripper as well.

    If she is lying and she did so out of revenge, she sure got it. She's brought these guys to their knees. I wonder what all the guys that weren't even at the party or the guys that didn't treat the women like zoo animals with their name calling, taunts and picture taking, think of their teammates that did behave abhorrently? Surely they have to realize those actions are what triggered this, if it is a false claim. The players' "Blue Wall of silence" isn't forged of loyalty to one another and dedication to their team, it's a legal strategy. Some players are looking to bail from their team. When this all over - whatever the outcome, I wonder if the cretins that made those comments will come forward and take the blame or remain behind those skirts? Will any of them ever do the right thing?

    Or she could have been raped, chew2. But she seems to have had a blackout between being at the party and coming to after her arrival at Kroger's. Either she remembers being raped or she constructs something to fit into what happened during her blackout. I posted it as a theory. Last night I went to bed thinking the case was over. I woke up this morning not so sure. We don't know what happened. There are things that may be suspicious. Apparently Nifong is saying the woman arrived drunk (the time of the 12:41 picture in dispute). Roberts says she was fine (although Roberts, filing a phony police report, has her own honesty problems). With her showing up drunk could develop a timeline with the woman being raped or not. A bunch of drunks giving a drink to a drunk woman? Happens every night all over America. Or it could have been the means to slip the woman a knockout drug. IMHO, I haven't seen the rape report, haven't seen photos of the bruising. Don't know if she had sex with anybody in the day or so before she went to that party. We don't know what is in the rape report, we don't even know if a toxicology report was taken. Everyone presumes that Nifong has more than we've seen. The father said the AV was normal, everything was okie dokie before the party, but he also introduced the broomstick and his version her previous rape which isn't matching the police records (or lack thereof). He apparently didn't know the line of work his daughter was in. That would suggest to me that he is, as we used to say in the hospital admitting room, a "vague historian" and so not a reliable source of information.

    azbballfan, The USC quarterback case? What does it mean? It means it's Cal's year, finally.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#39)
    by Jlvngstn on Fri Apr 28, 2006 at 09:59:32 AM EST
    That is a pretty astute observation there IMHO. We should take every man that behaves poorly and charge them with rape, plastering their photos and names every where. We should also not stop there, let's take every racist and charge them with pedophilia that way we can make them all live in the same neighborhood through tougher laws restricting where pedophiles live and let the racists and pedos sort everything out. Being that burglary is a horrible crime, we should take the dna from all suspects and plant them on rape victims after all, who wants to defend burglars anyway. Those people that curse in baseball/football stadiums when kids are present are obviously a**wipes also and raking them through the mud with a couple of minor sexual assault charges will teach them a thing or two also. I like this concept, kind of a progressive way to keep people from behaving like arses.

    Bob in Pacifica posted:
    Apparently Nifong is saying the woman arrived drunk (the time of the 12:41 picture in dispute).
    Nifong has said no such thing. Bob, you have fallen for the time.com's article's author's ploy. You are not the only one. Dan Abrams was carrying on about how he couldn't believe the prosecution is taking the position described in the time.com article. READ THE ARTICLE - the prosecution has said no such thing. It is speculation on the part of the article's author.: time.com
    Using Mostafa's statement, prosecutors are certain to attack what has become a very public set of alibis for the defense...
    Are certain to? Sounds like an opinion, though a strong one.
    In fact, prosecutors will argue, that photo actually shows the accuser being dropped off at the party, not leaving it, and that it was taken well before midnight. In that photo, the accuser is shown in a black or dark-colored car, which matches a description of the car defense and prosecution sources say dropped her off at the party. The person in the driver seat of that car allegedly is not Kim Roberts, whom prosecutors will argue drove the accuser away from the party after the alleged rape.
    "In fact"? "Will argue"? WOW! What a scoop! Insider info!
    "Thank God they call me," Mostafa told TIME of his meeting at the Durham Police Department. "I don't want to look like I'm on the side of the defense only. I want to look like I'm an honest person." Mostafa said he told investigators (who would not comment on the interview or any aspect of the case)
    "investigators (who would not comment on the interview or any aspect of the case)?" WTF? Abrams had the author on his program. The 12:41 am photo clearly shows thw woman getting into/out of the car is missing her right shoe. The same right shoe missing when she is standing on the porch and the same right shoe that is lying on the carpet just after the dance supposedly ended. The reporter may have missed the obvious, but do you think the investigators would have? The reporter based that whole theory - that he then declared the prosecution had adopted (though they did not comment on the interview or case) on the fact that the cab driver said he told the investigators about Kim driving off in a white car. Pretty disturbing "reporting".

    According to the Creedmoor police report in August 1996, when the woman was 18, she told officers she was raped and beaten by three men "for a continual time" in 1993. She told police she was attacked at an "unspecified location" on a street in Creedmoor, a town 15 miles northeast of Durham. Asked Thursday if she was sexually assaulted, her father said, "I can't remember." In an interview with the News & Observer of Raleigh, posted Thursday night on the newspaper's Web site, he said the men "didn't do anything to her."
    At the outset of this story I felt anger and disgust at the players, then as the days unfolded with timelines, no DNA, time stamped ATM receipts, etc., I felt anger at her, now...I'm just starting to feel sorry for her.

    Jlvngstn posted:
    That is a pretty astute observation there IMHO. We should take every man that behaves poorly and charge them with rape, plastering their photos and names every where.
    If this was, indeed, a means of revenge, I wasn't condoning it, just remarking on its effectiveness. Talk about the ultimate "GOTCHA!" She could be the new host of "Punk'd."

    IMHO, yeah, there is a lot of bad reporting here. I got suckered from one early timeline that the AV had going back into the house at 12:41. There's a Forbes article today that says the AV's previous rape charge against three men may not be allowed into evidence because of rape shield laws. Hmmm. That case would seem to be relevant considering the current case's many parallels and the fact that after making the charges she never pursued the case. Her father's memory on the case seems a little vague too. He either doesn't remember or says that those men did nothing to her. Huh? I remember my daughter's first home run in a girl's softball league. I remember her as a baby falling out of the shopping cart at the supermarket (She was fine but man was I frightened). If my daughter had ever claimed that she was raped by three men I think I would remember it. If from that incident I concluded that there wasn't a rape but that my daughter falsely reported it, I may have talked with Nifong at some early point in the case to suggest a cautionary approach to proceeding with the case. Can we all agree that the father hasn't been a particularly good advocate for his daughter?

    It's obvious who's really behind this Suspected Rape Scandel. It's obvious the stripper or alleged victim is being paid to do this by some famous TV Star the wasn't a very good comedian. As a matter of fact this TV Star was caught red-handed in a elevator one time. Yes Life must be boring for this TV Star and one can bet he's quite amused and enjoying the situation. I won't mention his name can't prove it. I know Im a clairvoyant who doesn't share the gift. But don't say you heard it from me I will just deny everything. Im Guessing but I think I know.

    The other thing I've wondered is that when she stole the taxicab, took the police a long chase, was charged with attempting to run down a cop and being way over the legal limit, she got a very light sentence. Granted, it's been awhile since I was charged with a crime, but in her settlement with the court was there some reference to an existing psychiatric problem or promise that she would attend some psychiatric counseling? That might explain the extreme leniency. Grand theft auto may be glorified in the movies and video games, but if it's my car it's still grand theft.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#46)
    by Lora on Fri Apr 28, 2006 at 11:11:28 AM EST
    Bob and Spyder, Yes, I know there are folks out there that want "rough consensual sex." Here, though, you have two corroborating sources from the hospital, plus the DA (I know you don't like him, but that doesn't make him a liar), stating she was seriously injured sexually, AND injured significantly on her upper body, AND traumatized from the experience. It would take an amazing actor to fake all of that for 5 hours at least, all while impaired too? That just really stretches the imagination. The defense statements that she arrived injured mention scratches and bruises on her legs, not her upper body. The photo of her lying down...she was on the porch near the stairs, wasn't she? If she had fallen down the stairs, she would be on the ground. And IF she fell hard enough to cause all those injuries (impossible, I think) would you snap her picture, or go to help her? The defense lawyers themselves originally said the dance was halted due to "offensive remarks;" nothing was mentioned about her being too impaired to dance. That was added later. I just can't put all that together and come up with "consensual," or "faking it."

    Her father's memory on the case seems a little vague too. He either doesn't remember or says that those men did nothing to her. Huh?
    I feel like Paul Harvey - here's the rest of the story: I saw a reporter on television last night. He said he had just talked to the family. They said the father knew something had happened to the daughter, but they did not tell him any details or even that she had been raped. The reason they gave was that they were afraid the father would drive over to the boy's house and end up getting hurt. The reporter added that the father was "all of a 120 lbs, dripping wet."

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#48)
    by chew2 on Fri Apr 28, 2006 at 11:27:03 AM EST
    Bob, I think you're getting bogged down into the details and trying to make sense of every last little asserted supposed "fact". Some people on this site have been doing that for weeks and weeks. You sound like you've just jumped in in the last few days. I think that the father's statements have been well meaning, but agree they have been vague and contradictory over time. He seems to be the sort of person who can easily be led to say things the questioner wants him to say, at least judging by the Rita Cosby interview. I would have advised the family to be silent, until they could be advised by an attorney. But they are being very candid in an effort to defend their daughter from the attacks in the press. I think it unlikely the AV showed up drunk, although she may have very well left impaired. I'll credit Kim's word on that, her father who said she hadn't been drinking in the hours before, and reports of Nifong stating hypothetically she appeared normal but might have left impaired. She had 1 and 1/2 drinks at the party. What was in those drinks that could have caused her to reportedly be so impaired one hour(?) later. Everclear? Daterape drug? I don't know much about either, but those have been suggested.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#49)
    by Teresa on Fri Apr 28, 2006 at 11:31:43 AM EST
    I don't what to think about this mess anymore. I just read an article in the News & Observer where the MOM also says that Essense misinterpreted what she said to them. Has anyone seen an article on exactly what the old police report said? The mom says they picked her up at school and didn't let her go home until the next day. Bernie the defense lawyer on Greta said last night that this case is toast BUT that knowing the statistics on rape it is not at all shocking that a woman could be raped twice in her life. I absolutely know that this is true due to personal knowledge but I don't know about this case. I think that the DA owes it to the voters in Durham to make some kind of statement about this. He did say that it probably won't be permitted as evidence but I think he needs to reveal some more information about this case to the extent that he is allowed to. One other thing, I read that it was her boyfriend that "raped her" while two others wouldn't let her go. I can't find where I read that. Does anyone know if this was the actual claim?

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#50)
    by Teresa on Fri Apr 28, 2006 at 11:34:08 AM EST
    Well damn. WRAL.com says the Mom says it DID happen. Are there any correct reports about this case? Are the parents that stupid or just that unclear in their interviews allowing for misreporting?

    More misleading reporting - I just heard this on MSNBC
    The woman has reported that three others have raped her in the past, no charges were filed in those others cases.
    Emphasis mine, but might one think this is the FOURTH time she has made a rape accusation?

    Bob In Pacifica posted:
    The father said the AV was normal, everything was okie dokie before the party, but he also introduced the broomstick and his version her previous rape which isn't matching the police records (or lack thereof). He apparently didn't know the line of work his daughter was in. That would suggest to me that he is, as we used to say in the hospital admitting room, a "vague historian" and so not a reliable source of information.
    If he didn't know why she was going to the party he couldn't testify to her condition when she left his house and when he talked to her on the phone en route?
    IMHO, I haven't seen the rape report, haven't seen photos of the bruising. Don't know if she had sex with anybody in the day or so before she went to that party.
    We don't know what is in the rape report, we don't even know if a toxicology report was taken. Everyone presumes that Nifong has more than we've seen.
    I think many people are assuming Nifong only has what we've seen. From my reading of the SANE procedures the handbook states they always take and preserve blood in case they need to due a tox screen later. I would assume the SANE program at Duke University Hospital is top notch. I would bet the information in that report, be it good or bad for the prosecution, would be unassailable regarding the technique and professionalism with which it was gathered. Bob In Pacifica posted:
    but he also introduced the broomstick and his version her previous rape which isn't matching the police records (or lack thereof).
    You just said you haven't seen the rape report, but you have seen the police records? Which police records have you not been able to match with the father's statements about the broom? The search warrant? I'm sure there is plenty of information in the police report that is not reflected in the search warrant. They didn't list "a cup with lipstick on its rim', does that mean they must not have thought she had been given a mixed drink at the party? Which police records have you determined to be a mismatch with the father's statements about her previous rape? I haven't seen any police records concerning that case. Do they state the father was informed of his daughter's rape?

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#53)
    by chew2 on Fri Apr 28, 2006 at 11:40:32 AM EST
    The other thing I've wondered is that when she stole the taxicab, took the police a long chase, was charged with attempting to run down a cop and being way over the legal limit, she got a very light sentence.
    I'm surprised all the defendant's rights advocates here haven't spoken up to anwer you. (Bob this is a defendant's right website). Because the DA initially way over-charges, and because the DA later decided she wasn't much of a big time criminal who deserved big jail time. As a legal aside. Grand theft auto usually reqires the specific intent to permanently deprive the owner of the property. I believe that's what distinguishes it from joy riding. A defense attorney would have a pretty good defense that her high intoxication deprived her of any such specific intent. She just wanted to go home.

    If they find these guys from the first accusation, assuming they're black, if they all say she was lying then, I wonder how many blacks will automatically believe her.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#55)
    by chew2 on Fri Apr 28, 2006 at 11:52:22 AM EST
    Teresa,
    Well damn. WRAL.com says the Mom says it DID happen. Are there any correct reports about this case? Are the parents that stupid or just that unclear in their interviews allowing for misreporting?
    I think the mom is the one who first broke the prior rape story to Essence, and the mainstream press picked up on it. Read the Essence story. I too have wondered why both the mother and father have aggressively revealed the daughter's past problems. The father apparently is the one who first revealed her past hospitalizaton. I'm sure they think this is the best thing to do. Maybe they are just very honest church going people. I think a saavy advisor could have better advised them how to defend their daughter, but unfortunately they can't afford one. Although, crisis specialists always advise you to reveal the bad news early.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#56)
    by Teresa on Fri Apr 28, 2006 at 12:07:45 PM EST
    imho, do you really believe the broomstick rape or are you just playing devil's advocate? I'm not 100% sure she wasn't raped but I just can't believe that part. Did I just hear the DA say on TV that 2 Duke students have come to him about similar incidents that happened to them and that they didn't report it for the very reasons we see happening to this woman? Did anyone else see that? He also said people don't know all the facts and he seems to be going full steam ahead.

    Bob In Pacifica Posted:
    The other thing I've wondered is that when she stole the taxicab, took the police a long chase, was charged with attempting to run down a cop and being way over the legal limit, she got a very light sentence.
    The Abrams Report' for April 7
    FILAN: Here's what she was charged with. She was charged with larceny, speeding to elude, assault on a government official, and driving while impaired and those are actually the four misdemeanors that she pled guilty to and went to jail for, is that right? VANN: That's correct. She served six days in jail and then was placed on 24 months probation and was ordered to pay restitution, and she completed the six days in jail, completed the probation without incident, and paid her restitution exactly as she was ordered to do by the court. She fully complied.
    From what I read about the incident it sounds like a job interview gone way wrong: She was at a strip club and was trying out a lap dance on a taxi driver to see if she might want to get a job at the strip club. She was very drunk, the taxi driver offered to give her a ride home (in exchange for the lap dance?) he wasn't ready to go, but she was. She took the keys from his pocket and took off in his cab. The police chased her. She got trapped on dead end road. When she tried to turn around she struck a police car. An officer may have been out of his car trying to stop her as she backed up (I think that's where the assault on the government offical came from though it may have been her backing into the police car while he was in it). While driving fast and while very drunk could have turned out way worse for all concerned, she was obviously not stealing the taxi to fence it, nor did she assault a government offical. It was basically a wild joy ride by a very drunk person who had no priors. In another interview her attorney, at the time, Woody Van, said she was a very credible person, She accepted responsibilty for what she had done and her statement to him about the facts of what happened that night matched the police report which he said "is usually not the case" when defense attorneys interview their clients.

    Attorney Joe Cheshire, who represents a player on the team who has not been charged, said it was notable that authorities apparently decided not to prosecute the earlier case. "These are serious allegations, particularly for a person that age. In my mind, it would raise real issues about her credibility," he said.
    Does he know WHY the authorities did not prosecute the earlier case? I'd read Cheshire's recently deceased father was an honorable attorney and decent man. Some apples do fall far from the tree.

    IMHO Wrote:
    If she is lying and she did so out of revenge, she sure got it. She's brought these guys to their knees. I wonder what all the guys that weren't even at the party or the guys that didn't treat the women like zoo animals with their name calling, taunts and picture taking, think of their teammates that did behave abhorrently? Surely they have to realize those actions are what triggered this, if it is a false claim.
    The name calling triggered the false rape charges.....you equate the two and indirectly suggest this is justified....so whether she was raped or not, she is still ultimately a victim?????? You can try and walk away from the disgusting reality of your comment by saying you were just trying to point out that she exacted revenge and should be the next Punk'd host. This is a sickening comparison you make by belittling the potentiality of a false rape charge while you still castigate the name calling, picture taking as abhorent. They are apples and organges, no comparison. I don't understand why it so difficult for people to recognize that it is never ok to escalate a wrong with a greater wrong. If the rape charge is false, such an act should be vehenmently condemed by ALL, no if ands or buts and regardless of the players actions. The damage done by a false rape accusation transcends the players bad behavior and effects every future legitimate rape claim!! I am not giving a pass to the the player either, thier name calling should be condemned as well but there is no quid pro quo between the two at all. Don't forget, the 2nd escort said a few choice words as well, which is understandable as it is at the same level...name calling and arguing. The AV took the altercation to a whole different universe if in fact she made a false accusation. And before someone starts in with "but they called her a N@gg@r"...if that is illegal then we should arrest every single hip hop musician and the radio stations that play the music...as a start. Bill Crosby made a great point, stop demeaning each other and people will stop demeaning you. Respect by others starts with self-respect. It is amazing how this case parallels the issues addressed and the lessons to be learned in the movie "Crash", a very insightful film and well desrving of Best Picture this year.

    Teresa asked:
    imho, do you really believe the broomstick rape or are you just playing devil's advocate? I'm not 100% sure she wasn't raped but I just can't believe that part.
    I'm trying to not rule out scenarios, or aspects of scenarios, just because we haven't seen proof they are true. Some people think it would be headline news if this happened. Just because it hasn't been leaked, doesn't mean it's not true. I know there have been a lot of inconsistencies in what the father has said to the media, but not all of them, when examined more closely, turned out to be inconsistent. I just came across this. Will it change anyone's mind or will it be discounted as another fabrication from the "dotty Dad?"
    Dancer's father: broomstick used in assault
    A search warrant of the house at 610 N. Buchanan Blvd., where the attack allegedly occurred, didn't mention a broomstick, either in the list of items police were looking for or among those they seized. But the woman's father said he saw a portion of a police report two days after the alleged rape, and that it said she was assaulted with a broomstick. "I heard about it as part of the investigation, when they found out all the things they did to her," the woman's father said. "I was just numb. I couldn't believe anybody would do anybody like that."
    Could he have read the "I'm gonna shove this up you," comment and mistakenly read it to mean they did just that? I don't know if I believe it or not, but I'm not ready to discount it as most people posting here seem to be.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#61)
    by chew2 on Fri Apr 28, 2006 at 12:58:59 PM EST
    Teresa, One other thought about why the mom and dad have been so candid in revealing their daugher's past problems. Maybe, unlike alot of the critics, they don't think there is anything that blameworthy or to be ashamed about. Their daughter was a victim and has had to endure life's burdens, but they don't feel that stigmatized by it.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#62)
    by chew2 on Fri Apr 28, 2006 at 01:05:18 PM EST
    IMHO, From your Herald Sun article:
    The alleged victim's father said he didn't know of any death threats to his daughter, and he doesn't believe the New Black Panthers are looking after her. "At least, I hope and pray they aren't," he said. "To me, they're just as bad as the Klansmen."
    But he said the family hasn't accepted the offer, and he considers the group racist. "I don't have anything to do with them," he said.


    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#63)
    by Teresa on Fri Apr 28, 2006 at 01:17:43 PM EST
    Did I just hear the DA say on TV that 2 Duke students have come to him about similar incidents that happened to them and that they didn't report it for the very reasons we see happening to this woman? Did anyone else see that? He also said people don't know all the facts and he seems to be going full steam ahead.
    Sorry to repeat but am I the only one who saw this? It was on MSNBC around 2:30 or so. I thought Abrams might show the clip but I guess he doesn't think it's important.

    Kalidoggie, here is my post:
    If this was, indeed, a means of revenge, I wasn't condoning it, just remarking on its effectiveness. Talk about the ultimate "GOTCHA!" She could be the new host of "Punk'd."
    Let me break that post down for you:
    If this was, indeed, a means of revenge, I wasn't condoning it, just remarking on its effectiveness.
    That would be imho's clarification concerning whether the accuser would be justified in seeking revenge in this manner. It would not, in any way, qualify as even "rough justice."
    Talk about the ultimate "GOTCHA!" She could be the new host of "Punk'd."
    Kali, dude, I'm being facetious. My point was, if it was a false accusation, how how egregiously inappropriate and out of proportion a response it would be. The turnabout in the case is staggering. The treatment this woman was subjected to by some of the players - whether there was a rape or not - even if it was only their expression of the notion she was so far beneath them, triggered a chain of events that put their futures in her hands. I find that stunning. I'll bet the players and their parents do too.

    Teresa posted:
    Sorry to repeat but am I the only one who saw this? It was on MSNBC around 2:30 or so. I thought Abrams might show the clip but I guess he doesn't think it's important.
    I was intrigued by your post. I was googling around trying to find out if anyone reported on it. No luck yet. By similar incidents, do you have any idea how similar? Gang rape? Or rape by a Duke athlete? Or rape while intoxicated? Date rape drug?

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#66)
    by Teresa on Fri Apr 28, 2006 at 02:03:16 PM EST
    By similar incidents, do you have any idea how similar? Gang rape? Or rape by a Duke athlete? Or rape while intoxicated? Date rape drug?
    I just saw it again on Abrams. He was discussing letters he has received from all over the country giving him encouragement, including from two Dukes students who were raped and afraid to report it. I can't remember if they were raped by Duke students. I will watch the replay and let you know. I'm not sure there was any similarity and Abrams was furious at him for saying this. (Because rape happens at all universities.) I think the DA was just trying to defend himself from the negative publicity and he said he had an obligation to prosecute any case he believes in no matter the consequences. I think he has every intention of continuing this case unless the accuser drops out. I wish I knew what he does (or thinks he does).

    Hey chew2, Here's more on the topic: Panther group plans to visit Duke
    DURHAM - The national chairman of the New Black Panther Party for Self-Defense says his group intends to march at Duke University on Monday to "deal directly" with lacrosse players about charges of rape of an escort service dancer at a team party.
    Duke's campus police are coordinating with the Durham Police Department to prepare for the black-separatist group, which has a reputation for coming to its protests armed.
    Malik Zulu Shabazz, a Washington lawyer who is the leader of the New Panthers, said he will be in Durham to rally with local black leaders and monitor progress of the criminal case against Collin Finnerty and Reade Seligmann, the two students charged with raping and kidnapping the dancer.
    "We are conducting an independent investigation, and we intend to enter the campus and interview lacrosse players," Shabazz said Thursday. "We seek to ensure an adequate, strong and vigorous prosecution."
    Whoa.

    I'm not sure there was any similarity and Abrams was furious at him for saying this.
    Though he may have a point in this instance, if Dan Abram's Duke bias wasn't so comically obvious, it would be a disgrace.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#69)
    by Teresa on Fri Apr 28, 2006 at 02:19:02 PM EST
    Though he may have a point in this instance, if Dan Abram's Duke bias wasn't so comically obvious, it would be a disgrace.
    I agree. I haven't seen him that much in the past but he didn't seem so one-sided before. He admits to a relationship with the defense attorneys and he is trying their case for them on his show. At this point the DA is helpless to argue his side. I realize that the DA spoke early and often about this case in generalities but he can't exactly come on the show and argue the evidence at this point.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#70)
    by chew2 on Fri Apr 28, 2006 at 02:32:27 PM EST
    Teresa, I assume that you know that Dan Abrams is a graduate of Duke, and reportedly a former fraternity member there. And reportedly Tucker Carlson of MSNBC had a (false) rape charge brought against him, and of course O'Reilly had his sexual harrassment suit. Without pushing the obvious, the national reporting class may have some sympathy for students from an elite university. Many of them came from similar backgrounds.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#71)
    by Teresa on Fri Apr 28, 2006 at 02:52:29 PM EST
    Yes Chew I know that. The other night Tucker was interviewing the lady running against the current DA and he asked her if she had any problems with the lacrosse team when she was a prosecutor. She said no that she was trying mostly murder cases at the time. Tucker said snidely "so the lacrosse players weren't ordinarily out raping strippers"? while his production crew hooted laughter in the background. The way he said that made me furious as if the fact that they hadn't raped a stripper before meant they couldn't this time. There's a lot of evidence to support the defense right now but the disgusting glee with which the guys you mentioned report it sickens me. I can see why some rape victims don't report their assaults. Tucker needs to flat out quit reporting on this case because his anger comes through loud and clear.

    Some of the feminists in the media, are really sweating this case. YOu can see it in their faces. Susan Filan, looks like she really is sweating a bucket full on this case daily. But you would seem if those who brought forth Rape Shield laws should of took more time to think about women who would take advantage of this law. How can we have a law that says that what comes out of a womans mouth is always truth, and that she should be able to dictate the law?

    Bob in Pacifica,
    there is a lot of bad reporting here. I got suckered from one early timeline that the AV had going back into the house at 12:41.
    I'm not aware of problems with timelines that have the dancer go back into the house for her shoe after the so-called 12:41 photograph. I can't personally acount for the whereabouts of the dancer between the time of that photograph and 1:22. Kim Roberts has not spoken declared,as far as can tell, the cabbie made no mention of her, as far as I can tell, and Bissey did not actually see her either, as far as I can tell. What do you see as the problem with this model? It's not a model I'm selling. I'm just curious on what grounds you rule it out?

    If I may, there is something in this date-rape-drug theory -- as presented -- that is bothering me. Everyone seems to be looking at the actual results as if they were the intended results. A he said / she said situation with one crime victim is a lot easier to contest than a he said / THEY said situation with two crime victims. No one seem to be considering the significant possibility that a second crime was INTENDED to take place that night by implication of the date-rape-drug theory. Barring some very sudden, after-the-fact, slight-of-hand move against one of the women's glasses after they had received their mixed drinks, odds are that the drug was originally put in both glasses and therefore intended for both women. Kim declined her drink. The accuser finished half of hers, spilled it and then finished all of Kim's drink. In other words Kim got no dose, but the accuser got a dose and a half of the drug. The accuser was "out of it," and Kim was fine to drive both of them to Krogers. But what if BOTH women were the intended targets of the date-rape drug? First, some sort of premeditated sexual activity had to have been planned for the evening. Second -- and this is the more problematic part -- some sort of exit plan had to have been concocted to remove the zonked-out bodies quietly from the house, because neither of these two women would be able to drive home afterwards. And if the reactions of the accuser at the hospital are to be believed, then at about 3 AM there would have been TWO "crying, hollering, screaming and generally hysterical" women -- two women screaming "rape!" -- inside the house where the rape actually took place. This would not look good. In fact this would look downright bad. They would also have had to get rid of Kim's car from being parked in front of their house. Even if they had managed to pile the bodies into Kim's car, driven it to a vacant lot and caught a ride back to the dorm, there is still a major problem. The date-rape drug apparently does not impair one's ability to make a 100% positive ID of the rapists afterwards. Now you have TWO women making some 100% positive IDs and two times the chance of finding evidence of scratches, bruises, marks, DNA and all the rest of it, as well as DNA, hair, fingerprints and clothing fibers from one or more of the LAX players inside Kim's car . This would not look good either. In fact this would be looking very, very downright bad. The date-rape-drug theory seems to me a theory about a rape assault planned against BOTH women that did not go as planned. Under that theory, the only reason there is any controversy now is that the plan didn't work. Kim did not take the drink, so she was able to drive away from the house - unharmed and unaware - with both women in her car, and thereby complete the exit plan on behalf of the guys. Otherwise these guys would have been nailed by now on two victim IDs, two date rape drug tests, two rape assault reports, all the forensic evidence at the house and all of the forensic evidence they left behind in Kim's car. So if the date-rape-drug theory is true and these LAX players intended using the drug to rape BOTH women and they actually thought they were going to get away with it, then they are still treading water now ONLY because their plan did not work.

    JLvngstn writes:
    I have not seen one compelling argument for the release of names of those involved on this site or any for that matter.
    I think it is for the public good that people in the community be made aware of their neighbors who have accusations pending against them. This is most obvious in circumstances where teachers are charged with pedophilia, or doctors are accused of malpractice. It is not in the public interest to hide these accusations from public view on the grounds that there is uncertainty about their legitimacy. To do so takes away a parent's right to make judgments concerning the welfare of their child, and takes away a patient's right to determine the quality of their care. Rape accusations are analogous to these. The ethical duty of the free press, which very few members of the press actually concern themselves with, is to provide members of the public with the information they need to self-govern. I frankly don't worry about a press that provides me with too much information... I worry about the press that provides me with too little.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#76)
    by chew2 on Fri Apr 28, 2006 at 06:29:16 PM EST
    The date-rape drug apparently does not impair one's ability to make a 100% positive ID of the rapists afterwards.
    Uh... I guess thats why they call it the "date rate" drug then. Perhaps you could do a little research on the effects of the date rape drugs and "everclear" and get back to us. What I've read on the net is that the date rate drug does lead to "memory loss", to what extent it isn't clear.

    If this was a planned "drug-facilitated rape" (politically correct term for date rape drug assault): What went wrong- Kim didn't get dosed. Consequences - Instead of having, at least, a few hours to "have their way" with the two women, they had sober Kim unwilling to leave without her co-worker. Did they have to come up with "plan B" on the fly? Attack the accuser in the bathroom before her level of intoxication was at an optimum for a good time to be had by all. What if Kim had consumed the drink provided? Would they have offered her a second drink if one wasn't enough? One and a half drinks would have worked fine on the accuser if they had been able to wait until 1:30 when the police officer declared her "passed out drunk," but because of Kim, they had to take the accuser by force about an hour earlier. From what I have read about drug-facilitated rape: Victims have varied reaction to being drugged. There are, of course, different drugs, different doses, the combined effect of alcohol, the victims' tolerance levels ... Some victims remember almost everything, some almost nothing... Some wake up in their attacker's bed the next morning and are then regaled with the details of how great they were in the sack the night before - one woman awoke surrounded by her own vomit and a stranger telling her "We made love." Some wake up in their attacker's car in the bar parking lot while being raped. Some wake up in their own beds, alone, not knowing how they got home. Some remember being raped by one or more men and being too incapacitated to mount a defense other than a feeble objection that was ignored. Some are dragged out of the party house by friends after being discovered in a bedroom with one or more guys having sex with them. Most of the stories I read about went unreported to police.
    There are several given signs that an individual may have been given a sedating substance:
    * Victim thinks she/he may have been assaulted, but is not sure (unexplained soreness or injuries, woke up in a different place and can't remember how she/he got there, etc.) * Victim's recollection of assault is patchy and confused; she/he may remember only parts of the assault, or none at all. * Victim remembers the assault, but was unable to move or speak. ("It was like I was watching the whole thing. I tried to scream, but no words came out..."). * Victim felt her/his intoxication level did not correlate with the amount of alcohol consumed. * Victim woke up feeling "fuzzy", very hung over, experiencing memory lapse and can't account for periods of time.
    It is feasible guys could think they could dose a couple of strippers, have their way with them, stuff their purses with their dancing money and lead them out to their cars once they thought they were sober enough to drive themselves home. Even if the women, later, realized what had happened, would they even bother to report it? And if they did, who would believe them? After all, "they're just strippers."

    Some wake up in their attacker's bed the next morning and are then regaled with the details of how great they were in the sack the night before - one woman awoke surrounded by her own vomit and a stranger telling her "We made love."
    belch

    PB, quite honestly, from the picture the AV doesn't look like she could walk at 12:41. The only time I saw this timeline was from an early article, I think within a few days of the case going public. I didn't mark it and haven't been able to find it since and there are something like six million articles on the net on this. It's irrelevant. The article had said that that's when Nifong thought she had been raped, but it looks to me like Nifong thought the rape had taken place between 12 and 12:30 all along. I've been away most of the day and I must say that the AV's advocates here are making a strong case for her. And thanks for the difference between grand theft auto and whatever they call what she was charged with. I'm back to leaning a little towards her side of the events. I have problems with the AV's identifications,though, and I still think that for now Seligmann's alibi sounds pretty good. SLOphoto, if the drinks were spiked then both women were targets. I find it an incredibly stupid plan to drug two strippers and rape them in your frat house, but then then intelligence is not a prerequisite for committing a crime. It may have been hatched while the boys were drinking. If the drinks were drugged, who there drugged the drinks? Who knew the drinks were drugged? How widespread would the conspiracy have been?

    If the drinks were drugged, who there drugged the drinks? Who knew the drinks were drugged? How widespread would the conspiracy have been?
    It didn't have to be a consipiracy. It could have been as simple as one of the guys slipping the drug into the drinks, then watching for the tellale signs of impairment to begin to be displayed. Perhaps telling one or two of his teammates (with a wink and a nod) that he had slipped the girls a roofie (or similar) and that they should be ready for a "good time" any minute now.

    Bob in Pcifica, You wrote:
    PB, quite honestly, from the picture the AV doesn't look like she could walk at 12:41.
    You can tell that she is having trouble walking from that picture? I can't even tell its 12:41 from that picture. I know it's printed right on the picture, but I also know that that time-stamp wasn't put on the photo by the camera at the moment that the picture was taken. It was put on later and may be quite inaccurate for any number of reasons. You wrote:
    it looks to me like Nifong thought the rape had taken place between 12 and 12:30 all along.
    I can't find anything to support that statement either.

    The accuser seems to remember about her $400 dollars very well in the police report??? Meanwhile, who could explain why a player who was not even there or their parents will want to help cover someone else up if they know the rape did happen? Also, many players have different legal representations. If there was really a rape, these defense lawyers supposedly will represent different interests and there's no need to work together against the accuser. For instance, if you are a defense lawyer that represents a player who was there in the house but not the rapist and will have a court date soon on underage drinking charges, would you agree that your client's best interest is to stand in the same line with the real rapists? And how about those players who were not even there? Why do they even have the need to go to talk to the police? If you were Seligmann's father, wouldn't you be eager to find out if the rape did happen, who in the team did it instead of my son? I hate to say the following but since the rape kit cannot tell when the rape happened and how the trauma was caused, perhaps in the case the rape kit may end up like the DNA test, all become inconclusive evidence. It seems to me that those who have made false rape accusation hurt the real rape victim the most.

    MMYY, You wrote:
    And how about those players who were not even there? Why do they even have the need to go to talk to the police?
    The police, in order to come up with a fair-minded determination, need to coordinate the activities of a pretty large number of people. Reducing the number of people on that timeline can help them do that acurately. Making it hard for the police to make a fair determination will only help the people who don't benefit from the truth...

    mmyy posted:
    Meanwhile, who could explain why a player who was not even there or their parents will want to help cover someone else up if they know the rape did happen?
    Who could explain why a player who was not even there or their parents would not cooperate with the investigation if they did not know whether or not the rape did happen? If a rape did happen, the innocent players would talk to the police, but since nothing happened they are afraid to expose themselves to the risk of talking to the police? Huh? mmyy posted:
    It seems to me that those who have made false rape accusation hurt the real rape victim the most.
    I would reserve that designation for their rapists.

    PB, in the search warrant at thesmokinggun.com, here: two women returned to the house. That would be minutes after the 12:03 walkout, maybe 12:05 - 12:10. So, at least as far as what Nifong has believed since he issued the first search warrant, his theory of the case puts the rape between, say, 12:05 and when the two women left the party around 12:30. As far as whether or not the AV could walk at 12:41, it's only surmise on my part. But I do think that any toxology report taken at the hospital will give us a lot more information to sort out this case. Of course, we all sort this out on the sidelines.

    mmyy, whether or not it is a typical strategy for defense attorneys for different clients to work together, there seems to be at some level some collectivity on the part of the men of the lacrosse team and their attorneys. As to the extent or rationale, we can only guess. I don't know very much about rape kits except that they generally are a means for the victims (or alleged victims) to document their injuries. I have seen in other places that rape kits aren't even-handed records of information. If a woman says that this bruise was caused by the rapist then the nurse recording writes that the bruise was consistent with a rape. This is what I have read. I have never even seen a rape kit.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#87)
    by Teresa on Fri Apr 28, 2006 at 10:21:52 PM EST
    Bob, you're an attorney right? Can the father's statements about the broom be used by the defense to discredit her even if the accuser never made such claims to the police?

    Bob in Pacifica, You wrote:
    two women returned to the house. That would be minutes after the 12:03 walkout, maybe 12:05 - 12:10.
    Nifong doesn't claim that. This is wholly your own interpretation, not his. No time is stated in the search warrant for the "walkout." That event could have occurred after some time was spent in the bathroom, for example, while money was being passed under the door. You wrote:
    So, at least as far as what Nifong has believed since he issued the first search warrant, his theory of the case puts the rape between, say, 12:05 and when the two women left the party around 12:30.
    I'm going to wait to hear from Nifong before I attribute your interpretations of the search warrant to him.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#89)
    by Lora on Fri Apr 28, 2006 at 10:43:49 PM EST
    I don't know how well medical professionals can determine the cause or timing of certain injuries. However, I believe that the AV's behavior, taken with the results of the exam, indicates that she had not been raped before the party. I really don't think it's likely that she could have acted normally, looked unbeaten around her head, neck and shoulders, or even danced for a little bit after suffering the trauma that was described. Therefore, it seems to me that the time of the party was the most likely time for her injuries to have occurred. After the party is a possibility, but who, and where? I find it difficult to believe that the second dancer was somehow complicit in a rape following the party. I suppose it's possible that she dropped the AV off for another job, waited for her, and the AV got hurt then. But if the AV was really that unresponsive, in need of assistance to the car, it is unlikely she would have been capable of handling another job. The only other possibility that I can think of would be the police officer, and that also seems extremely unlikely.

    Teresa, I'm not an attorney. Please, no! I'm just one of the many who's gotten interested in the case. When I was at my (I just retired) I was a shop steward and defended employees, so I generally tend to come at cases from the defendant's position. I doubt that the father's statements would be allowed, but I'll leave that for someone else to determine. PB, it seems to me from the search warrant that NIfong's talking about the two women returning to the house. It's my understanding that was after the two walked out initially. I guess we're all allowed to interpret the search warrant. A later timeline would actually make it easier for a rape to have occurred without observation if both Roberts and most of the attendees were outside yelling at each other and the AV were attacked inside the house. Of course, that would pretty much eliminate Seligmann. He may already be eliminated if his alibi is as good as it appears. I just don't think it happened.

    Lora, I don't think the question is whether she was raped before the lacrosse party, it's whether she sustained the injuries before the party. I know she worked for an escort service, I have no idea if she performed sexual services, but that would be an alternative theory. That is, any injury that involved her vagina had occurred previous to the party and that her other injuries which may have looked like a beating happened as a result of her falling on the stairs. There have been reports from "sources" about her injuries, but until the reports and photographs are either shown in court or in some kind of discovery process in the NC court we here on the outside don't know the extent or details of her injuries, or whether injuries had to have been caused during a rape or could have been caused by something else. Time to go to bed.

    imho:
    If a rape did happen, the innocent players would talk to the police, but since nothing happened they are afraid to expose themselves to the risk of talking to the police? Huh?
    If it were not for the "Huh?" at the end of your post, which suggests that your observation is a sarcastic one, I would be congratulating you for finally seeing sense. Ironically, you have hit on the essential truth in your sarcastic comment. Your analysis is dead on. Put yourself in the boys position and assume that something happened. In that case the innocent would have no reason to remain silent if they feared they could be accused, because they would assume that police and DA would act reasonably. But assume that nothing happened. In that case when they realise that the police and the DA are intent on finding someone to blame regardless of reason, of course they would choose to say nothing, for fear of being picked on. This seems so obvious that I don't understand why you can't see it.

    Bob in Pacifica, You wrote:
    PB, it seems to me from the search warrant that NIfong's talking about the two women returning to the house. It's my understanding that was after the two walked out initially. I guess we're all allowed to interpret the search warrant.
    Yes, interpret away. I'm just trying to keep tabs on all the disinformation here. This "initial walkout" you speak of is not a well-defined event. It could have occurred when Bissey was in the shower. Or Bissey may have witnessed the tail end of it from his porch. The search warrant doesn't provide us with any clues as to which is the proper interpretation. Did one of the players coax the dancers into returning to the house from the car? It's a simple question that the lacrosse players and their attorneys have not answered. Bissey thinks he saw that happen, for what it's worth. The accuser says it happened, if the search warrant has her right. So why can't we get a confirmation from the players or their representatives? Defense lawyers are not in the business of providing information that is supportive of a prosecutor's claims, that's why.

    PB, what's your proposed timeline? By the way, from the timeline that most people have presumed, that the rape occurred between 12:05 to around 12:30 or so, there is the explanation that the two dancers were "separated." Do you have any explanation for how they got separated for a half hour without Roberts noticing or that she eventually left the house with the AV not knowing that a rape occurred?

    Bob in Pacifica asked:
    Do you have any explanation for how they got separated for a half hour without Roberts noticing or that she eventually left the house with the AV not knowing that a rape occurred?
    I know the accuser estimated the time of the attack to be about 30 minutes, but some of us are comfortable with making the assumption it could have seemed to be a lot longer than it actually was. Ever been raped, sodomized, and strangled for ten minutes and feared your attackers were not going to stop until you are dead? I'll bet it would seem to last a longer than it actually did. A ten minute attack is long enough for me. The prosecution could get three men and a woman (and a broom?) to reenact the accuser's description of what was done to her and use a stop watch to time the re-creation. After ten minutes I think even the defense will have seen enough.

    Cymro posted:
    Put yourself in the boys position and assume that something happened. In that case the innocent would have no reason to remain silent if they feared they could be accused, because they would assume that police and DA would act reasonably
    .
    But assume that nothing happened. In that case when they realise that the police and the DA are intent on finding someone to blame regardless of reason, of course they would choose to say nothing, for fear of being picked on.
    This seems so obvious that I don't understand why you can't see it.
    I would think the innocent players are more in peril of being wrongly accused if something did happen than if nothing happened. You are saying if something did happen then the innocent players would assume that police and DA would act reasonably, but if nothing happened, they would realize that the police and the DA are intent on finding someone to blame regardless of reason? You seem to be saying it is unreasonable for Nifong to believe a rape was committed at that house that night. He has the accuser's statement and the fact the SANE nurse concluded her injuries and demeanor were consistent with rape. The accuser has identified two of her attackers with 100% certainty and a third with 90% certainty from a sequential photo line up of all 46 players. One of the attackers identified with 100% certainty was, reportedly, not on the list of party guests submitted by the captains, but was photographed at the party. It sounds like Kim has said the accuser was out of her sight during the party long enough for the attack to occur and I assume Kim also has said she was with the accuser from the time they both left 610 N. Buchanan until she was in the custody of police at the Kroger's parking lot. This leaves Nifong with the choices that the accuser showed up at the party with the "consistent with rape injuries" and other injuries not consistent with falling down or she sustained the injuries while in police custody, or they were sustained at the party where the only three players questioned deny any sex took place, but are no longer cooperating with the investigation and the other 43 players, 37 of whom - according to three captains - were at the party, have not said a word to the police investigators. Add to that the fact the players (through their attorneys and the ESPN reporter) have admitted a false name was used to hire the strippers, they offered both women mixed drinks, that Kim felt insulted enough by a comment that she slapped one of them and ended the performance, the players were angry that they did not get their money's worth from the women, angry racist comments were exchanged, the accused was "alone" in the house for ten minutes (I take this to mean Kim was outside the house at this time.) His conclusion does not sound like the ravings of an unreasonable man to me.

    IMHO, I agree, I don't think if a rape occurred that it was a full half-hour. However, there was about a half-hour between the time the strippers returned to the house and the time they left. If the situation were as hostile as it sounds, how do you lose your partner (and ally) for a half-hour? I'm not saying that the rape happened for a half-hour, or that they necessarily were even separated for a half-hour. I'm saying that there was a half-hour and we don't have a logical timeline for what happened then with, say, Roberts and those others who were not participating with the alleged rape. Was she dancing? Seems unlikely that she wouldn't miss the woman who was supposed to doing half the job. Was she turning a trick or two? It would go against the lacrosse captains who said that no sex happened there that night, but having one of the strippers doing prostitution doesn't help Nifong's case either. So I guess the question should be, generally, what happened during that half-hour?

    By the way, all the yowling about how the innocent lacrosse players should all come forward to the DA and tell him what they know is bunk. The DA is actively pursuing another indictment so who is in the clear? People have the right to remain silent, especially in the court of public opinion. I don't think it's a particularly bad strategy to keep your mouth shut. Any testimony that can be compelled happens in a court. The one time I was arrested many, many years ago, I asked for a lawyer and then kept my mouth shut. Didn't say a word after the cops punched me around a little. I advise anyone under similar circumstances to do the same. It's your right.

    imho:
    You are saying if something did happen then the innocent players would assume that police and DA would act reasonably, but if nothing happened, they would realize that the police and the DA are intent on finding someone to blame regardless of reason?
    No! You are still missing the point, maybe because you have difficulty adopting a mindset in which nothing happened. Remember that we are not talking about the boys initial mindset on the day of the incident. We are talking about the boys mindset after the investigation had begun. And remember that the boys do not have to assume anything, because they know the truth, and their actions are being determined by what they know about what happened at the party, and by what the see happening afterwards. So if the truth is that a crime was committed, they are now viewing the DA's actions as a largely reasonable investigation of a crime. If the truth is that no such crime occurred, they are now viewing the DA's actions as unreasonably biased in favor of a false accusation against them. So given that their perceptions are either (a) the DA is a reasonable man just doing his job of trying to locate the guilty parties, or (b) the DA is an unreasonable man who is biased against the entire hockey team, then we have to view this as an experiment to determine whether (a) or (b) is true, and their behavior is evidence we must assess to help us make that determination. If their perception is (a) then the silence of the innocent members is making them accesories to a crime (if not technically, then at least in their own minds). But if their perception is (b) then their silence is simply an act of self-defence in the face of an unwarranted witch-hunt. Therefore I believe that their caution is stronger evidence in favor of a conclusion that their perception is (b) than it is for the opposite conclusion (a). That is, they know that no crime was committed, and that conclusion best explains their actions.

    Re: Duke Accuser's Parents Speak Out on Mental Hea (none / 0) (#100)
    by Lora on Sat Apr 29, 2006 at 11:45:02 AM EST
    Bob, I see, you are suggesting that the AV's injuries could have been obtained at two different times; her sexual injuries pre-party, and her upper body injuries from falling when she was leaving. First of all, those "sources" for her injuries are: 1) a DA who is basing an unpopular and highly controversial case on them, 2) a nurse (or team) trained in sexual assault cases, and 3) an unnamed hospital source interviewed (I think) by ESPN. At least 2 of them I would consider highly reliable. The 3rd we don't know about; we have only ESPN's word in terms of being a good source. All of them strongly imply that her injuries were serious and extensive. I think I would believe that, barring actual Dr's testimony. Therefore, I think that she couldn't have received the sexual injuries before the party, and gone and behaved normally and danced, unless they happened a few days earlier. Ever been hurt down there (male or female), even a little bit? Yeow. If they happened a few days earlier, she would have had to fake the hysteria and suffering for hours, time it just right, all the while possibly impaired, not even making an accusation to Kim, and we would have to assume that the trained medical personnel wouldn't have realized that they weren't fresh injuries, or that the AV was faking it. Just seems way too unlikely and complicated. Would a single fall near the steps produce all those upper body bruises? How? If you fell and rolled down a long flight of steps, I suppose it could happen, but there is no indication that happened. I would think she would have been taken directly to the hospital in that case, especially if, as many have said, people were keeping track of the strippers' whereabouts and doings. It's unlikely in my mind that the partyers would have watched a young woman fall and badly hurt herself and not rush to her assistance, even if they were mad at her. She may have just lay down. Cymro, If the young men are guilty, or they are covering up something else that happened, there could be a huge amount of pressure on the other players to keep their mouths shut.

    If nothing happened, why couldn't the players still believe your option (a)?
    (a) the DA is a reasonable man just doing his job of trying to locate the guilty parties
    By not cooperating with Nifong they are depriving him of information he could use to determine nothing happened and they are using his inabilty to determine nothing happened as proof of your option (b):
    (b) the DA is an unreasonable man who is biased against the entire hockey [lacrosse] team
    Cymro posted:
    And remember that the boys do not have to assume anything, because they know the truth, and their actions are being determined by what they know about what happened at the party, and by what the see happening afterwards.
    What they "see happening afterwards" is a result of not sharing with the investigators what they know happened at the party. That, in my humble opinion cost them their lacrosse season. The captains that planned and hosted the party may have been benched for a few games and any players that were indicted (if any would have been if their alibis had been put forward from the beginning), would still be suspeneded, but their coach may have avoided the chopping block. The "Blue Wall" strategy was seen has a disgrace by the University administrators and it was a move by the players that did not go unpunished. Even if three players did assault the woman - had the other players come forward and cooperated with the police, the season may have been saved. If the three suspected players were indicted they would be suspended, the captains hosting the party may have been thrown off the team at most, McFadyen might not have been given the bum rap I think he got. But what of the remaining 40 players? On what grounds would their season be cancelled? The "Blue Wall" created a situation where all 46 players were under suspicion of rape. That's why the season was cancelled.

    Lora, what do I keep on saying? Let's see what the reports have. Yes, the DA is going forward with this case. We have an unnamed source and a nurse who took the rape kit. Have you ever heard of a rape test where the nurse said there was no way that a rape occurred? I can make judgments on Nifong, the nurse and the unnamed source, but to what end? There were injuries consistent with rape, that's in the report. I am not minimizing what I don't know. As long as we don't have the report in front of us we only have a couple of phrases from the report repeated by the DA. I'm not suggesting anything. This is what others have already said. I don't know. Also, we don't know if she had just a single fall. In legal cases that attract my attention, I tend to look for the possibility of innocence of the defendants. That's just how my mind works (see earlier posts). There are a lot of things going on in this case (class politics, racial politics, sexual politics) that puts me on the side of the AV. But I still look at the case and the possibilities. And if I say that some injuries may have occurred before she got to the party, or may have been as a result of falling down or bumping into things after becoming intoxicated, those are certainly going to be theories thrown up by the defense. If the rape report says that those injuries had to have been that night and was absolutely caused by a rape, well, then those defense theories won't fly with a jury. There's going to be a a few problems. Even if it's apparent that a rape occurred, you still have to positively connect the defendants to the crime. If Seligmann's alibi is as good as it seems, any other identifications by the victim will be questioned. That's why DNA or some other evidence specifically tying him and Finnerty to the crime is so important.

    I just thought that if I were innocent players, I would think that I wasn't there, and I don't know what happened in the house. Why do I need to talk to the police? Why do I need to go to the police and tell them my whereabouts on that night? What obligation do I have to prove a negative? If I go to the police just to say that I wasn't there, what they will say the next is exactly "prove it." What if I was just in my own apartment or dorm room all by myself and have no other witness or camera or machine records? So I don't think those players who are sure that they are innocent need to go to police to volunteer information about themselves at all. Their only problem is that they happen to be in the same team with those guys who went to the party. It is reasonably to assume that in this circumstance, if the police wants to have a talk, they could just talk to my lawyer. The problem is exactly that because Nifong already decided 2 things, that is, (1) the woman was raped and (2) it must be one of the Duke players, and neither the prosecution nor the party hosts could remember who were there and each of them for how long, suddenly everyone on the team and all those who were not there and were innocent became involved. In the meantime, I would like to listen to those who believe that a rape happened at the Duke house that night to do the prosecutor's job to prove that Finnerty and Seligmann did it. Up to now it seems that we only have her words. No wonder now her credibility would become the biggest issue.

    mmyy, You wrote:
    I just thought that if I were innocent players, I would think that I wasn't there, and I don't know what happened in the house. Why do I need to talk to the police?
    Oh I know! It's not as if this woman is your daughter, or one of your friend's sisters! Let the police solve their own crimes! Getting involved is a really bad idea, particularly if you had nothing to do with it. My God, they'll probably wind up falsely convicting you of something! Look what happened to Michael Skakel. He probably wouldn't be in jail today if he'd kept his mouth shut.

    mmyy posted:
    I just thought that if I were innocent players, I would think that I wasn't there, and I don't know what happened in the house. Why do I need to talk to the police? Why do I need to go to the police and tell them my whereabouts on that night? What obligation do I have to prove a negative?
    They don't need to lend assistance (especially to someone not even on their team), nor are they legally obligated to go to the police and tell them what they know about the party, but the people who are whining about the players' lacrosse careers being effected by this situation might want to look at how that could have been avoided. By not coming forward, the blameless players let the other players off the hook- the players that decided to have this party and behave in the boorish manner their attorneys have described - and in the process the blameless players threw their own hopes and dreams for their lacrosse season down the toilet. mmyy posted:
    The problem is exactly that because Nifong already decided 2 things, that is, (1) the woman was raped and (2) it must be one of the Duke players, and neither the prosecution nor the party hosts could remember who were there and each of them for how long, suddenly everyone on the team and all those who were not there and were innocent became involved.
    [emphasis mine] Huh? "neither the prosecution nor the party hosts could remember who were there and each of them for how long"??? The prosecution was told who was there and for how long, but now they can't remember that information? Surely, they took notes? mmyy posted:
    What if I was just in my own apartment or dorm room all by myself and have no other witness or camera or machine records?
    I wonder how many players are in this position and it is their reason for not coming forward? Spring Break? Finals only two months away? I'd be hitting those books!

    Comments are closing here, a new thread is here.