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Duke Lacrosse: Defense Seeks Accuser's Description of Attackers

In 1,278 pages of discovery, there is only one reference to how the accuser in the Duke Lacrosse player's alleged rape case described her attackers to police. Yet DA Nifong says he has turned over his complete file. How can that be? The defense isn't buying it and Reade Seligman's attorney filed a motion today requesting the DA turn over her descriptions.

"At some point in their interviews and investigations, one or more of these officers asked (the accuser) to describe the men who she claims sexually assaulted her, and (she) provided some answer to that question," the motion filed by lawyers Bill Cotter and Wade Smith said.

Her "response to that question is critical to the defense of the case and the state may not withhold that evidence from the defendant."

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    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#1)
    by Talkleft Visitor on Thu May 25, 2006 at 09:31:18 PM EST
    On the intoxication line of thinking here tonight..... Could the police have waited 31 hours for the AV/FA to sober up so that when she signed her statement if was with sound mind?? 7Duke4....do you know who won today in women's lax? i have not been able to find the score. I was in Boston and was very tempted to purposely miss my flight to catch the game. Lora....interesting. The AV/FA's racial comment reasoning seems to be at odds with what Kim has said. Kim did not say it was for racial reasons. Everything I have heard and read has said they left because of broomstick (lacrosse stick) comment and they became rowdy. I admit this is news to me. Thinkandtype wrote:
    Perhaps if someone told Nancy Grace that Enron employees were gang-raped out of their inheritance by Skilling, Lay et al?
    Funny!! Your wit will be appreciate by your fellow classmates and professors. Bob in Pacifica wrote:
    I kept thinking Nifong was going to pull a rabbit out of his hat. No rabbit. No hat.
    It went down the Bunny Hole!!

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#2)
    by Talkleft Visitor on Thu May 25, 2006 at 09:31:35 PM EST
    What a shock - as I've said before, I have personal experience with a prosecutor witholding evidence. It was a shock when it happened. My opinion of prosecutors tanked. Do any lawyers have experience with this?

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#3)
    by Talkleft Visitor on Thu May 25, 2006 at 09:32:12 PM EST
    Kali
    Here, I would lean towards an estimate of 9 ozs given the pours I saw in college. It would be even worse if on an empty stomach. Regardless, that is a sh*tload of booze in 5 minutes for anyone!!! As for the drugs she could have taken....valium, xanex, oxycontin, percocet, vicodin. Mix any of these with that much booze and lights out quickly!!
    I conceded this one above . . . I forgot all about valium, xanex, oxycontin, ect. What you're saying is totally plausible too me. I'll also concede that college pours are ridiculously strong. Everclear isn't nearly as popular in the real world (thank god). And on top of that, the account of her pounding 1 and 1/2 strong-ass drinks in 5 minutes is consistent with heavy drinkers I know. I only meniton it because relatives have suggested she wasn't a drinker and certainly wouldn't be drunk like that on her own.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#4)
    by james on Thu May 25, 2006 at 09:36:23 PM EST
    Perhaps this is the reason why there are no further references in the case file (per the wral article) :
    "I asked her questions trying to follow up on a better description of the suspects, she was unable to remember anything further about the suspects [Detective's notes]"
    Hey, maybe Nifong can play the 'She doesn't know' defense when he argues this in front a judge. Hehe. Seriously, that is from a detective's notes - but what is *odd* is that there is nothing referenced to the 'anything further about the suspects', ie, if the detective implies that she said something there has to be something.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#5)
    by Talkleft Visitor on Thu May 25, 2006 at 09:41:10 PM EST
    Re: The drunk issue: I think (bless it and curse it) that alcohol is one of those tricky substances that affects its users in such different ways that it'd be hard to pin the blame for her state on either drinks consumed at the soiree in question, or beforehand. The father, in an early interview with the aforementioned Ms. Nancy Grace, asserted that she wasn't drunk when he saw her earlier in the evening. I might be mis-remembering, but I do recall that he did indicate that she might have been drinking. One beer with pops might not a stumbling drunk make, but if it were the first in a longer evening of drinking, it isn't impossible that she could have been, for lack of a better term, functionally tipsy for most of the evening. At the point she downed the 1.5 units of whatever mixed drink concoction was provided, it could have been the proverbial straw with camel-back-breaking tendencies. I'm sure we could all swap drunken-escapade stories for hours, but suffice it to say that I don't think it unreasonable for alcohol intoxication to cause someone to be very functional for a good long while, and then, when some internal biological or psychosomatic tipping point is reached, be completely incoherent/blacked out/stumbling drunk, even if that was not in line with the usual pattern of a given person's drinking habits.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#6)
    by james on Thu May 25, 2006 at 09:46:08 PM EST
    As for the drugs she could have taken....valium, xanex, oxycontin, percocet, vicodin. Mix any of these with that much booze and lights out quickly!!
    Alprazolam (Xanax) is a widely prescribed medication - she'd pick it over valium. Af for the pain pills I'd pick vicodins over oxys or percocets - the other two do not give a good 'feeling'. You'll end up depressed if you take them and drink. Not fun. Valium is more of a lethargic medication than Xanax (you don't feel Xanax). I take Xanax along with Lithobid (Lithium) and I can assure you that it pays for itself when I'm drinking - I'd say it's about twice as strong. If you take enough Xanax it will continue to increase the effects until you blackout. Personally I think she's an alcoholic - grabbing another stripper's drink you don't even know and slamming it is not a sign that you're in great control. Sure she might have taken something and that something may even have been prescribed to her. But since she was so messed up I find it very odd that there's no tox report. Refused it? I'm really more concerned, however, about the toxicology report (absence of it). I'd like to know if she refused one.

    7duke4 posted:
    On that note, I'm asking those of you who are doing this (and you know who you are) to stop taking pot shots at Duke. If it was your school, your friends, your sport, your family, and your achievements, you would be hurt as we Dukies are (but do not discount our loyalty). And it is irrelevant to this case, unless you want to perpetuate stereotypes.
    I've criticized the players' behavior that night and their decision to follow questionable legal advice. I also thought the "player in the shadows" failed to take responsibility for the reprecussions from the party, and instead blamed the administration. I sure thought the people posting on that website claiming they were Dukies were creepy. [not being snarky here, genuinely asking:]Does any of that qualify as taking pot shots at Duke? Is there anything in particular I said about Duke that bothered any Duke grads?

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#8)
    by james on Thu May 25, 2006 at 09:47:21 PM EST
    Xanex/Xanax the spelling isn't an issue - it's been generic forever. Alprazolam 2mg tid is all I need to know:)

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#9)
    by Lora on Thu May 25, 2006 at 09:47:39 PM EST
    Kali, Re: the stopping of the dance: I think the racial comments came first, and the broom comment was the corker. NIfong wrote:
    "The state is not aware of any additional material or information which may be exculpatory in nature with respect to the defendant," Nifong wrote in a court filing.
    I know he is paraphrased as saying he turned over everything, and 1300 pages would seem to be, but I'm still wondering if he had to turn it all over, or only whatever might be exculpatory.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#10)
    by Teresa on Thu May 25, 2006 at 09:50:21 PM EST
    thinkandtype, your first post:
    I've been reading this board now for quite a while, but each time I feel the urge to comment, the level of personal animosity has made me hesitate to throw my hat into the fray. That being said, I don't think that those who are more inclined to believe the AV are either more or less likely to resort to shrill pettiness than those more inclined to believe the ARs. I rather feel bad for the few caught in the middle, as they seem genuinely willing to go through the processes of analysis and reasonable skepticism before choosing to believe or disbelieve either side. They seem to be the ones most likely to end up snarked at by both sides. The fate, I suppose of compromisers everywhere.
    saved me from a good-bye cruel world (or at least these Duke threads) though I may still not be able to come here anymore. It is hard for me to express my feelings about this case without projecting my feelings for others who have found themselves in this position. She may just be a flat out liar. She and the DA have given so much ammunition to attack her on the facts that the attacks on her that have nothing to do with the known facts are more than I care to read anymore. This isn't the first place I've read that maybe we should have the IRS investigate to see if she paid taxes on her illegally obtained wages. My classism will show here but that is going too far. As a Director of Accounting for a long time of a pretty good sized public company, I can promise you that any tax cheating from Kim and the accuser is a drop in the bucket to the tax evasion that goes on with the CEO and others at the company I worked for. Sure, many of the tax breaks he and others get are legal corporate welfare but not all of it. We paid this man's housekeeper, groundskeepers and pool boys through our company payroll. That is just a very small example of the tax evasion that only the rich can participate in so I'm not too worried about the small amount of taxes the accuser may not have paid. Other posters are sure that she's a drug addict even though she completed her probation with no incidents which would have included drug testing. That doesn't mean she isn't using now but don't we have enough ammunition to use against her without speculating on some we have no proof of. One of our banned posters continually referred to her as trash. My definition of trash is the CEO's son and nephew at our company sending pornographic sites to other men in our company and then having our bosses call us into their offices to see something on their computer and it turns out to be a male porn star in action. I personally listened to the nephew brag about screwing around on his wife and coming into the office of the young pretty girl who worked for me and sticking his hand down the rear of her pants to pull on her thong strap and pop the elastic on it. He did this in front of me many times and also pulled down her shirt to look at her breasts. All in just a boys will be boys manner. So I'm not inclined to always give the young guys with money and education the benefit of the doubt. This doesn't mean they are rapists but it wouldn't surprise me that under the right circumstance they would participate. Their actions speak for themselves. So we all come from this from a certain point of view and I don't just assume that every poor black prostitute is a liar or asking for it until it is proven to me by evidence. From reading comments at other blogs, if this woman was an otherwise upstanding citizen like Kali's law student friend most people still wouldn't cut her any slack at all. Even if she was telling the truth. The attacks on her started before the DNA evidence came back and have only gotten worse. Yes, poor prostitutes can be raped and rich white boys can be rapists. It probably isn't true in this case but I can no longer separate her from the real victims who put up with the same attacks. Accusing someone of rape does give one a lot of power. I don't know how to take that right for real victims away while preventing the false ones. Having her either prosecuted for lying or hospitalized for some mental problem that caused her do to this would help I guess. But first I want to know for sure that she is a false accuser.

    7Duke4 wrote:
    Do any lawyers have experience with this?
    I think it is reflective of the attorney's personna and moral compass. It definitely happens in reverse on the civil side fairly frequently....defendants hide material, but the rules are different and more susceptible to abuse. Example: a few months ago, I was told I had received everything that possibly could have been produced for the last 8 years. Just this week, I received almost a million more pages....most of which we have determined as never been produced before....practically doubling all the prior productions. Because the stakes are so high in a criminal case (one's liberty), the rules are straightforward and clear, without any room for misinterpretation. So if it does happen, it is basically per se unethical.

    What a shock - as I've said before, I have personal experience with a prosecutor witholding evidence. It was a shock when it happened. My opinion of prosecutors tanked. Do any lawyers have experience with this?
    I'd be interested in this too. All the prosecutors I know are pretty ethical, but most I know haven't been at it long. This might be a bit of a tanget, but I work in corporate law (transactional law, not litigation) and we send out requests for due diligence documents pretty regularly. Getting everything you need to see on a first request never happens. There are always supplemental requests. The context isn't exactly like a prosecutor's duty to turn over exculpatory evidence, but there are similarities. Also, if not toxicology reports or police interviews with the victim, what was in those 1300 pages?

    With apologies to non-sports fans, replying to Kali: The Duke women's golf team came back today to lead the NCAA championship by holding a 13-shot advantage going into the final round. The women's lacrosse team will play Northwestern tomorrow at 6 PM in the Final Four, theoretically wearing their "innocent" armbands (if not banned). Friday the 26th will be a huge day for DU women's athletics. For future news, see goduke.com. This ends my commercial announcement.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#15)
    by Lora on Thu May 25, 2006 at 09:57:27 PM EST
    Teresa, I hope you stay. You are one of the most reasoned and reasonable and courteous commenters of these threads. I would hate to think you might leave because of snarkiness. Emotions run high over this case and it's difficult to always keep snark out of posts, but you do it with grace every time.

    7Duke4...thanks.

    Lora: Missed it earlier, but here's your answer.
    I believe you have enough outrage for all of us. How about outrage for Finnerty's unprovoked assault on a man in Georgetown?
    Want to give me your reasons or justification for using the word "unprovoked"? Have you read the police report? Do you know any of the details of the alleged attack? Please, enlighten me. My understanding was that it was a late night, Georgetown, inebriated young men talking smack, and the AV ended up with a split lip. Please, if you know more, tell me. And please don't try to characterize it as gay bashing. If it had been that, it would have been charged. For a 18 or 19 year old male to call another male a "queer," or "fag," or any other deragatory term for homosexual may not be what we alleged grown-ups would like, but to pretend it doesn't happen is to be willfully ignorant.

    Lora
    I know he is paraphrased as saying he turned over everything, and 1300 pages would seem to be, but I'm still wondering if he had to turn it all over, or only whatever might be exculpatory.
    I think prosecutors usually turn over everything. You'd rather make the defense go through all the evidence themselves rather than isolating the specific evidence that you think hurts your case. Full disclosure also lets you avoid the possible pitfalls of inadvertantly not disclosing something exculpatory.

    Theresa Glad you decided to stick around! I must say that you've been, to my reckoning, the poster child for the reasonable middle-ground. It's a bit daunting that asking questions of or agreeing/disagreeing with a particular "side" in this issue has resulted in the kind of snark that would make you consider abandoning the discourse. Personally, I feel it interesting the kinds of loyalties one is "supposed" to feel in this case. As though the experiences/affiliations/etc., of any given poster should automatically demand they hold a particular viewpoint in this particular case. I'm confused; I've worked with domestic violence victims, should I automatically side with the AV? My brother played lacrosse, should I wholeheartedly support the ARs? I'm going to Duke, should my loyalties be to that famed "blue wall?" As an avowed academic, should I be elitist or anti-elitist? Man, this whole thing is like a bad theme park. We've got the shifting facts ride, the lawyerly spin zone, and the conflicting loyalties battering ram.

    Lora: And when you scratched yourself, did you come up with "tissue" under your nails? Imagine, if you were "fighting for your life," might you have scratched harder, not worrying about the pain you were inflicting? Also, the "under" the nail has yet to be proven. I've heard reports that the "tissue" was on the nail, as might occur if a nail and some human body tissue were in the same bathroom waste basket. Not enough DNA on that nail, on that ONE nail, to give a compete panel? Okay. Sure.

    Lora posted:
    I hope you stay. You are one of the most reasoned and reasonable and courteous commenters of these threads. I would hate to think you might leave because of snarkiness. Emotions run high over this case and it's difficult to always keep snark out of posts, but you do it with grace every time.
    Mother Teresa could not have shown more patience than our own Teresa has had with everyone here. She feels no fear even when embracing the lepers.

    Re: the tissue found? Was it tissue as in human flesh? Or tissue as in non-generic Kleenex? I imagine the ramifications are a bit different if the DNA came from a facial tissue into which Mr. Evans had deposited phlegm/saliva/earwax/other bodily fluids that had somehow become stuck to the adhesive on the nail, rather than from facial tissue from his, er, face. . .

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#23)
    by Lora on Thu May 25, 2006 at 10:15:28 PM EST
    Sharon, I specifically avoided calling it "gay-bashing." I wan't pretending anything. However some are calling it such: Suspect in Duke Rape Case May Lose Gay-Bashing Plea Bargain
    Bloxgom said Finnerty and the other young men "punched him in the face and body" after he told them to "stop calling him gay and other derogatory names," according to the complaint. He added "that when he tried to walk away, the subjects without provocation attacked him, busting his lip and bruising his chin."


    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#24)
    by Teresa on Thu May 25, 2006 at 10:15:28 PM EST
    I love snark. Why else would I love imho so much? :) It's the meanness that's getting me not the snark. Thanks Lora, think and imho. Maybe I just need a break.

    SharoninJax wrote:
    My understanding was that it was a late night, Georgetown, inebriated young men talking smack, and the AV ended up with a split lip.
    For what its worth, I heard this from someone in the DC know.... CF was sitting at the bar with his friends when the DCAV came up, asked him if he was gay and made a pass at him. They exchanged a few choice words and began scuffling, the bouncers told them to take it outside and made them all leave. The heated exchanges continued out front on the street and then the punch was thrown. However, the way it is portrayed by the MSM makes it sound like CF was walking down the street and randomly gay-bashed and punched the guy.

    I worked in a criminal defense firm for about 6 months, and that was a long time ago. But I don't think this has changed: even ethical, canon-bound prosecutors want to get a conviction. And, yes, they will play games. The one that was, in my experience back then, most used was to wait until the last possible moment to commit certain things to paper. The reason is obvious: you turn over ALL of your paper to the defense. But you have no obligation to turn over what has yet to be put down on paper. For example, prosecutors can tell the police to do interviews but not record them. They can tell labs to run tests but hold off on sending the written results, just give an oral report. I have no idea how common any of the above is. I am simply giving examples of how a DA can "work" the discovery process. Until it's on paper, no duty to disclose.

    Man, this whole thing is like a bad theme park. We've got the shifting facts ride, the lawyerly spin zone, and the conflicting loyalties battering ram.
    It's kind of what makes it fun though. At various times I think I've defended and criticized every party involved. It makes me want to pay off my loans and become a prosecutor.

    Lora said:
    noname, Sorry if I'm being dense here...I'm not sure I understand. Nifong said, before discovery, that the defense didn't know his timeline, correct? I would conclude that he thinks that the defense timeline is wrong, and his is right. Therefore, he doesn't agree with what they've been saying is exculpatory: the time stamped photos, the ATM receipt, the alleged restaurant receipt, etc. Right?"
    You are not being dense, I just have not explained my point well. It is really only a word choice peculiarity on the part of Nifong. When the defense went public with their alibi, Nifong replied that it did not affect the prosecution because the defense did not know his timeline. My question is, if Nifong believes the accused were present for the rape, how can he claim they do not know the correct timeline? If they raped her, then they were there. Of course they would know the timeline. I can see if he wants to claim they have fabricated a timeline, but he doesn't. He says that they do not "know" it. These do not sound to me like the words of a man who thinks the accused are guilty.

    I thought I got rid of the "meanies." Who'd I miss? Theresa, you need to stay.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#30)
    by Lora on Thu May 25, 2006 at 10:21:56 PM EST
    Sharon, A thread or two back I found an article that reported that tissue, consistent with the bodily make-up was found under the nail, not on it. It could have been wrong. And...my little highly unscientific test produced a miniscule amount of something...sweat, oil, and dead skin I guess. And..yeah I was too chicken to scratch as hard as I could, but there is a little redness and tenderness there. But if she scratched with press-on nails, I'm thinking they might have popped off before she drew blood.

    Lora: thanks for the quote, but once again we are given the accuser's version and asked to take it as truth. How many people who file assault charges admit they provoked the attack? Not saying it isn't as the accuser said, just that none of us know, at this point, whether Finnerty was or was not provoked. Your repeating of the complainant's characterization of what happened is an echo from one side.

    Hadn't heard that, Kali. Sounds plausible to me. I may be in the minority on that, I know, but I wonder how many of the posters on this board have any familiarity with 18 or 19 year old boys/young men/men in the year 2006? Trust me. It is not always a pretty sight.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#33)
    by Teresa on Thu May 25, 2006 at 10:31:30 PM EST
    Thank you TL. None of the posters have been mean to me at all. My compassion for underdogs is just getting the better of me right now. If the Duke guys were being bashed as badly I'd feel for them just the same. I already do for the three who I can put a face to. They are real to me now and it hurts me for them also.

    Lora: Like you, I am not sure what I read where. Some reports say under, some say on, some say under but not adhered, and on and on and on. I'm sure at some point we will know, but until then we are all going to be spinning our wheels, wondering if we are being played for fools by one side or the other. I'll add my voice, Theresa: hope you'll stay. But sometimes I have to take a time-out, not just from this site, but from this case. Being a Duke grad, being the mother of a son who could be one of those boys at that party, my sympathies are strong for that side. But even if she wasn't raped, I feel sympathy and empathy for the AV. And if she WAS raped at that party, then I want every single one of the attendees to be charged with something. This case is just a mess for everyone involved.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#35)
    by Lora on Thu May 25, 2006 at 10:35:33 PM EST
    Noname, I get it now -- thanks. Heh, yeah, if they did it, they knew his timeline if he was right. I don't think he thought about it that way, but you're suggesting it could have been a slip of the tongue, indicating he is trying to nail innocent men? I think he just meant, You don't know what I've figured out. Maybe however the players haven't told the truth to their lawyers, in which case Nifong could be right.

    Lora - Obviously his comment proves nothing. I just thought it was an amusing slip of the tongue to point out on a slow news day.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#37)
    by Alan on Thu May 25, 2006 at 10:44:25 PM EST
    Lora posted:
    "I can reasonably say these injuries are consistent with the story she told," Arico said.
    You've posted the Arico paragraph before and been corrected on it by chew 2:
    It's not clear to me that she was the Duke nurse who examined the AV. She does confirm that a SANE nurse cannot determine whether a rape has occurred. She says that is for the State Bureau of Investigation. I wonder whether such a determination is really required, and if so, was it made.


    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#38)
    by Teresa on Thu May 25, 2006 at 10:47:01 PM EST
    But even if she wasn't raped, I feel sympathy and empathy for the AV
    Me too, Sharon. She has serious problems either way this turns out. I'm substituting my much loved brother since I have no sons and it does help to see both sides.

    I have been reading the posts on this site for weeks and have been very impressed with the depth and insights applied by most posters. There is one scenario that I have not yet seen broached, however. Please bear in mind that this is 100% conjecture based on a different interpretation of the facts, theories and ideas put forth by other posters and the media. Both of the dancers are at the party waiting to perform. Both are given drinks. The AV finishes hers, but Kim did not, instead, as she stated in a televised interview, she drank part of it and gave the rest to the AV. Perhaps Kim put something in the drink while it was in her posession, thinking that when the AV became incapacitated she could easily steal any money the AV had. I don't think this is that far of a stretch, as Kim has a history of embezzelment, and if she would steal from her employer, she would probably steal from a complete stranger. The dancing begins, the drug takes effect, causing the AV's performance to be clumsy and unattractive. Tempers flare and words are exchanged. The dancers exit the house, but are coaxed back in to finish their performance. The dancers return, go into the bathroom, where as the AV, under the influence of the drug, is fumbling with her fake fingernails, dropping some of them in the process. Kim takes this opportunity to take the AV's money, then leaves the house in a huff, exchanging more words with the players as a reason to leave. The AV stumblingly follows after a few minutes, falling down the steps in the process. Kim then calls the police to report the racial slurs as a little retaliation. This is all conjecture, but would help explain why Kim was attempting to remove an obviously incapacitated woman from her car at the Kroger's instead of trying to get help for her. Perhaps Kim planted the idea of the players slipping her a date rape drug, or perhaps when the AV started to come around and realized her money was gone, she decided on a little pay back. Who knows? All I can say is that this would explain a great deal (the lack of DNA, rapid incapacitation, discrepancies in the different versions of her stories). Just thought that I'd throw out a new possibility.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#40)
    by Lora on Thu May 25, 2006 at 10:58:38 PM EST
    Alan, Arico is in charge of the SANE program at Duke hospital, where the AV was brought. That isn't a correction. I never said she examined the AV. She is an expert familiar with the case. I don't know if she examined her. But I am very reasonably sure she familiarized herself with the case before she consented to an interview and stated (reasonably) that the AV's story matched her injuries.

    Yes, Teresa, please stay. I've come close to dropping out too. But it's people like you who make it worthwhile to stay with the thread to continue the thoughtful effort to seek after the truth of what has happened in this case, where this case seems to be going, and what it all seems to mean? Please stay. It just would not be the same without your caring heart and gentle spirit.

    noname:
    My question is, if Nifong believes the accused were present for the rape, how can he claim they do not know the correct timeline? If they raped her, then they were there. Of course they would know the timeline. I can see if he wants to claim they have fabricated a timeline, but he doesn't. He says that they do not "know" it. These do not sound to me like the words of a man who thinks the accused are guilty.
    I think this argument is a bit of a stretch. When Nifong refers to "the defense", he could simply mean the defense attorneys, who he knows were not "present for the rape". Yes, in that case his implication would be that the players fabricated a timeline in the descriptions they provided to the attorneys. But I don't agree that we can assume that he would have been obliged to spell out that implication, so I don't accept that you can draw any conclusion from the fact that he didn't do so. Actually I think there have been times when he has said things to the press on the spur of the moment, just to make the point that he knew more than they did, and this may be one such remark. I don't think you can safely subject it to the kind of careful parsing that might be appropriate for sworn testimony, or even serious journalism.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#43)
    by Alan on Thu May 25, 2006 at 11:50:31 PM EST
    Lora posted:
    I never said she examined the AV. She is an expert familiar with the case. I don't know if she examined her.
    That's not an unreasonable position, it's just that if we don't know if Arico examined the AV then we can't take her statement as more than what happened according to the AV's own account. Equally we have to remember that a SANE exam is not, in and of itself, conclusive that a rape occurred. It is as weak an argument as saying that Nifong is a competent prosecutor and would not bring this charge without more than is shown in the discovery. I'm concerned that this is one of the Six Nuggets huesofblue advanced and it seems to me that it's ambiguous at best.

    Lora, what is your source for claiming that the DNA was a 90% match? From ABC:
    A DNA link is not clear cut with the type of test used in this case, DNA experts told ABC News. ABC News spoke with DNA analysts, including Brian Meehan, head of DNA Security, the Burlington, N.C. laboratory that conducted the set of tests used in the case. All of the analysts agreed that the most one could say about Evans was that he could not be ruled out, but also could not be definitively ruled in.


    Thanks, noni mouse. I meant to ask that last night. Lora, Could you be confusing the 90% certainty of the accuser's photo ID of Evans with the certainty of the DNA "match"?

    Duke lawyers want more evidence
    "I asked her questions trying to follow up on a better description of the suspects, she was unable to remember anything further about the suspects," the note from Durham police investigator B.W. Himan says, according to the motion filed by lawyers Bill Cotter and Wade Smith.
    "At some point in their interviews and investigations, one or more of these officers asked (the accuser) to describe the men who she claims sexually assaulted her, and (she) provided some answer to that question," the motion says. Her "response to that question is critical to the defense of the case and the state may not withhold that evidence from the defendant."
    Do they know it was a police officer that asked the questions that are being "followed up?" Could this be a follow up of what the accuser told the S.A.N.E. nurse? Didn't the defense say portions of the S.A.N.E. exam are missing?

    From the Texas' S.A.N.E. protocol:
    7. Date and Race of Last Voluntary Coitus when analyzing semen specimens in sex-related crimes, forensic analysts sometimes find genetic markers which are inconsistent with a mixture from only the patient and the offender. A mixture of semen from an offender and the patient's previous male sexual partner could lead to blood grouping results which, if unexplained, could conflict with the patient's own account of the assault.
    Patients are asked if they engaged in voluntary sexual intercourse with a male within a week prior to the assault. If so, patients are then asked the date and race of the contact in order to help determine the possible significance of semen remaining from the prior sexual contact.
    Legally, the patient's prior sexual activity and/or date of last coitus with a person other than the offender, is information which should be protected from open court by the Texas statute.
    This person's identity is not relevant either to the medical examination or for the initial findings of the crime laboratory and should not be sought at time of initial examination. The patient should, however, be instructed to remember the identity of that person and how to reach him should a blood or hair sample be needed later.
    Could this be the reason the accuser's "boyfriend" did not give a DNA sample until May 3, after the players' DNA did not turn up a match?[Alternative to accuser lying to nurse, police, Nifong]

    Posted by mt1ret May 25, 2006 11:48 PM .... Perhaps Kim put something in the [AV's] drink... ------------ It's a theory, but I find it hard to believe Kim would arrive at the scene with the necessary drugs.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#49)
    by Bob In Pacifica on Fri May 26, 2006 at 06:31:19 AM EST
    Knocking down Roberts' drink is a curious little glimpse into the AV's relationship with intoxicants. Most people go through life and their relationship to booze and drugs aren't exposed to the public. If the AV refused to take the tox, we are pretty much left with speculation, but there is no case for the attendees drugging her drink.

    The security guard says she smelled alcohol on the driver, but not on the alleged victim.
    At the end of the recording, the guard says that police had not returned to talk with her since the night of the incident.
    I hadn't read the Good Morning America online article focusing on the security guard's recollections of that night/morning, taped on April 3. If the guard is believable, what about her smelling alcohol on Kim's breath? Thought she didn't drink at the party and gave her drink to the AV. Wonder what the alcohol of choice was that evening, ie, vodka with relatively little aroma or, say, bourbon or gin. And what other interviews would have taken precedence in the Durham PD's eyes that almost three weeks had passed and they still had not spoken to a witness who saw the AV an hour, more or less, after the alleged attack? I also had not realized that the guard said that Kim and the AV got to the Kroger around 1 am and not later. Again, this is just one witness' recollection, but one with no apparent axe to grind, a "sister" if you will.

    Bob in Pacifica:
    Most people go through life and their relationship to booze and drugs aren't exposed to the public.
    Imagine how thrilled the player that was photographed "asleep" with a wet spot on his pants feels. I wonder what time it is that Finnerty, supposedly, "brought more beer?" Did the keg run dry?

    imho: I hadn't heard your quote about Finnerty bringing more beer. Source?

    SharonInJax posted:
    I also had not realized that the guard said that Kim and the AV got to the Kroger around 1 am and not later.
    Again, this is just one witness' recollection, but one with no apparent axe to grind, a "sister" if you will.
    The second 911 call was made at 1:22 a.m. Perhaps, the security guard and Kim tried to deal the situation before the call was made. I don't see what a 22 minute descrepancy in what the security guard remembers three weeks later matters. If she is acting as a "sister" why would she cast doubt on Kim's ability to be a reliable witness by saying she smelled alcohol on her?

    You missed my point, imho: the 1 am arrival HELPS the AV and Kim because it removes the "what took them so long to travel 5 miles and what were they doing during the missing time?" arguments. And what reason would the guard have to lie about smelling alcohol on Kim's breath? This is not a rich white man or his attorney making that observation. THAT was the point of the "sister" remark. Why would a black woman lie to hurt other black women?

    Posted by jstamom May 25, 2006 07:46 AM
    Finnerty brought more beer to the party and then left for dinner w/plans to come back....Maybe she saw him when he re-arrived and she was falling down the steps in a stupor?


    thanks imho

    I was told by my source that Finnerty was told to bring beer, or bring more beer. He and Seligman are sophmores and not starters on the team, so while they hang out with the team, they still have other people that they spend most of their time with. But, they're Sophs, so if the captains call for more beer, by G*D you bring it. After Finnerty dropped off the beer he then went out to eat, planning on returning to the party later in the evening. I believe my source and figure that the AV could have spotted him when they arrived to drop off the beer, or perhaps he was returning as she was being convinced to come back into the house, or as she was leaving. I have also heard the Finnerty knew the DCV from high school and that they were not friends but aquaintences... My biggest problem with this case STILL is, if something happened, do they have the right guys. I feel sorry for the AV and the mess she and Nifong created, but I feel sorry for these YOUNG men, also and I'm not sure in a rush to judge that they did anyone justice.

    SharoninJax quote an article saying:
    The security guard says she smelled alcohol on the driver, but not on the alleged victim.
    The only this this establishes is that Kim was drinking too, like you said. It does not, however, establish that the AV/FA was not drinking. Not everyone smells of alcohol from a casual inhalation. The security guard had a conversation with Kim, her breath flowed toward the guard. The AV/FA was in the car passed out, did the guard get in the car and smell her breathing? I doubt it. Even then the odor of alcohol would not be as pungent as it would if she were talking. The guard would have had to purposely put nose to mouth and smell for booze. Further, the cops said she was "passed out drunk". The presumption must be that they deal with this situation everyday therefore know what they are talking about. The presumption is that they determined she had been drinking, that they took the appropriate steps to make this determination and that they indeed accurately reported their findings....that she was passed out drunk. I find it really ironic here that many of the facts speak for themselves, however, in speculation in order to support the AV/FA the presumption is that everyone is lying or wrong, but the AV/FA.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#59)
    by Bob In Pacifica on Fri May 26, 2006 at 07:20:23 AM EST
    I don't recall Roberts asserting that she drank nothing that night, but Roberts' history makes her a pretty unreliable source of truth. She very well may have had a drink at the party, or before. Do we have any attendee version of what the strippers drank at the party? We have Roberts saying she didn't drink hers, but that the AV spilled half of her own drink and choogled Roberts. Maybe that wasn't the only drinking the strippers did at the party. Bissey's observations of the strippers and their comings and goings are interesting but not reliable as to how intoxicated any of the people at that party were. You can be drunk and you can be falling down drunk. Looking over the backyard fence you may be able to determine the latter but not necessarily the former. The security guard at Kroger's didn't smell booze on the AV, but we know that the AV had had at least a drink and a half. Anyone wonder if the reason why the AV spilled her own drink was that she was already intoxicated?

    True Bob. I've wondered all along what Kim was doing while the alleged rape was taking place. Somehow I don't think she was passing time debating whether Jim Brown was a better football or a better lacrosse player when he was at Syracuse.

    From the last thread (sorry, I had to take care of some things)-
    I don't deny it was said, it was wrong and it was racist.
    Alright, thanks.
    As such, it would be very significant if Kim threw out the first racial insult, right?
    As far as I'm concerned, it "started" with the broom comment. I understand that they had to finish a job, anybody who does any type of works knows that deal. But anyway my point was the constant under-rug-sweeping of the men's behavior and the constant talking-point countering with how these were yucky strippers. Like this-
    I'm sorry, but both of those women make their living in an illegal profession. Take the arguments, both social and legislative, about prostitution: it IS illegal. And if any of you is naive enough to think that a woman working for an escort service in Durham, NC is not offering sex for money, then I've got some low level, swamp land, flood plain property here in FL for sale. Both women have committed chargeable felony acts. One is, in fact, a convicted felon, one committed felonies but was allowed to plead (rightly to my mind) to lesser offenses. The AV had a 1.9 blood alcohol, driving a stolen cab the wrong way on a highway. Kim stole $25,000 from her employer, even though she said she "didn't need it." These are your witnesses?
    The ad hominem is for court, I'd rather like to analyze what was said on it's own merits. But anyway, I guess some grown man getting into a fight with the word "gay" in there doesn't mean much. Let me guess: Kim and the alleged victim did something that made him do that too?
    I may be in the minority on that, I know, but I wonder how many of the posters on this board have any familiarity with 18 or 19 year old boys/young men/men in the year 2006? Trust me. It is not always a pretty sight.
    Oh, clearly we should just wink and giggle about it...
    Imagine how thrilled the player that was photographed "asleep" with a wet spot on his pants feels.
    Its not his fault, Kim made him do it!
    Re: the broom comment. Both Kim and the AV, despite the horror that they both felt, the degradation, the danger, the disgust WENT BACK IN.
    Yes, it is a job. I'd deal with drunk customers at the bowling alley I'd work at when they'd say a million things because they didn't like that their pin didn't fall down. There are higher ups that won't be pleased if I leave, so I still have to deal with it. But, what, was it the shirt I was wearing, Sharon?
    Everyone is racist because, as pathetic as it is, it is ultimately means of self-definition against another. Have you seen "Crash"? If not, I suggest you see it.
    It's a piece of melodramatic tripe that simplifies racism and basically says, "it's okay to be racist because, hey, everybody else probably is!" without getting to the causes/motives, and responsibility. Not to mention how Asians were practically non-existent. It is irritating how many white racists I've seen use that movie to justify their behavior.
    I love hearing the female commentators discussing artificial nails - the cost, the durability, the pain of removal. As if the AV had paid $40+ at a salon or spa. No, no, no. This I will bet anyone here: the AV bought some press-on nails. Those things come off so easily, cost very little, and come ready to . . . press on.
    For all we know, she could have bought the glue-on nails.
    I saw an interview a few weeks back of a former stripper and a former porn star, who both have set up programs to help women get out of stripping/escort/sex careers. The stripper stated (and the porn star agreed) that 99% of the time women in their formers careers use alcohol or drugs before (for courage), during (to remove inhibitions) and after (to forget) house calls/filming.
    What, was that on the O'Gagme Factor? I saw that one. I know two strippers. One of them wouldn't take a single drink of Smirnoff because she was on her way to work.
    Kim's credibility is next to nil, so her perceptions are laughable to me. God love her: that email to the PR firm ruined her as a witness, if the embezzlement didn't.
    She sent an email to PR firms, which isn't unusual, that she knew they'd read. She indicated she didn't want her profession to reflect badly on her, she didn't say anything about specific circumstances in the case (which if she had, I might see your point). From what I've observed, she has been way more stand-up in this than any of your precious, sweet, innocent "boys" you keep making excuses for.
    Being hospitalized for a week would indicate being highly suicidal or having a break with reality.
    Firstly, being suicidal wouldn't necessarily (and likely not, in fact) suggest a "mental illness" so much as circumstances. Also, depending on the nature of the characteristics associated, yes, it could just be exhaustion.But either way, despite the "nuts and sluts"-baiting, a "mental illness" can be very specific.
    I'm not sure what's so awful about shoving, but even if it is awful, there's been no confirmation that any of the lacrosse players actually said any such thing, AFAIK.
    As far as shove being "awful", you're going to have to ask the person who flew off the handle when I attributed the word "shove" to what was reportedly said.

    Bob in Pacifica wrote:
    Anyone wonder if the reason why the AV spilled her own drink was that she was already intoxicated?
    Wouldn't that be consistent with the defendants' position that she showed up wasted and could hardly dance? The premise that the AV/FA was not wasted is based on KIm's whole "glassy eyed" and "I gave her a look" a look story was made during her interview after the email to the PR firm. Kim started crying that she should have done more....how self serving for the TV. Where was this compasion when she tried to dump her off at the Kroger? She probaly took the AV/FA's cash before the Kroger. LIke you said Bob:
    Roberts' history makes her a pretty unreliable source of truth.


    All other issues surrounding the photo ID aside, I have a couple of questions about visual IDs in general. How accurate are photo ids vs. in-person lineups? How accurate are cross-racial and cross-gender IDs? Does the accuracy of a visual ID in a rape case, or in any case in which a victim is traumatized increase or decrease according to how soon the id process happens after the event? Is there some sort of bell curve where healing time and reflection make memories more accurate? I'm just thinking about this because of the specific photos images in question. Finnerty is fairly distinctive looking, but if I recall, he might have had an older brother on the team, so there could have been two similar looking pale Irish kids. McFayden, Evans and Seligman are all tall-ish, dark-ish and solid-ish looking. So is the Tony-whose-last-name-I-don't-recall. If we're talking some level of some kind ofintoxication (whether self-induced or not), a sea of unfamiliar faces, a traumatic experience, etc. How accurate would her IDs be under the most ideal of lineup conditions?

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#64)
    by Bob In Pacifica on Fri May 26, 2006 at 07:35:38 AM EST
    jstamom, I'm not challenging your source's information, but if Finnerty is 19 or 20, how does he buy beer? Someone else who's 21 go with him? If so, he's got another witness, right?

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#65)
    by Bob In Pacifica on Fri May 26, 2006 at 07:47:17 AM EST
    From an earlier post: Lora, what is your source for claiming that the DNA was a 90% match? I thought that chimpanzees and humans shared something like 95% DNA. That's why statistics come after "lies" and "damned lies." I'm not suggesting that runaway lemurs from the zoo had been rummaging through the garbage can in the bathroom at Buchanan after the fact, but at a certain point people need to understand that a 90% match isn't a match and the contaminated press-on nail found in a garbage can days after the fact has no evidentiary value other than it was there in the garbage. And no one is denying that. There is no DNA evidence of a rape.

    Bob in Pacifica posted:
    I'm not challenging your source's information, but if Finnerty is 19 or 20, how does he buy beer? Someone else who's 21 go with him? If so, he's got another witness, right?
    Kali's source has Finnerty sitting at a bar in DC at around 2:00 a.m. Was it an oyster bar?

    Oh, Bob, I didn't know you were that naive: a 19 year old with a fake ID? Shocking. And Durga: where to begin? 1. Your quote from my post was NOT an ad hominem attack, it was the kind of thing that is allowed to attack a witness', any witness' credibility. Illegal activity, past instances of lying, criminal convictions (especially in Kim's case for crimes involving fraud) are legitimate means to impeach a witness. They attack not the person herself, rather they go to her history of truthfulness or the lack thereof. 2. 18-19 year old young men, in my experience, frequently use the phrase "that's, or you're, so gay meaning NOTHING about the sexual orientation of the person addressed. Is it stupid? Sure. Is it, in Finnerty's case especially ironic, sophomoric? Sure. Does it necessarily have ANYTHING to do with actually being a homosexual? NO. That was my point. If you want to "wink and giggle" go right ahead, get your jollies where you can. 3. That was my point: even "glue on" nails (which are hard to find these days because the press-on ones are so much easier to apply as well as cheaper) can come off, easily, by popping the top of a can. 4. The email: come on Durga - she was looking to profit from another woman's misery. Doesn't that offend you? Wouldn't that make a juror think that she might be motivated to tell the kind of story that would "spin" to her advantage rather than a possibly boring but true one? Oh yeah, it's because she has to feed her daughter. And I am resisting, mightily, the urge to discuss your use of the term "stand-up" when talking about an escort service worker.

    One more point Durga: I have no idea if any of the lacrosse players are precious, or sweet (isn't that a slang word for homosexual? shame on you for gay bashing), or innocent in the generic sense of the word. I am, however, unconvinced that they are NOT innocent of the charges against them.

    If she told the police in the Kroger parking lot that she had been sexually assaulted, why did they take her to the substance abuse facility? Not a snide question, I'm legitimately curious, as I'd always assumed that she didn't tell authorities that she was raped until after she'd been brought to said facility.

    Theresa: I hope you continue to post on this topic -- objectivity is always helpful. This case is about prosecutorial misconduct by Mike Nifong and his self-promotion at the expense of the truth. We should not lose sight of that in the morass of other issues that have come to light. In the spirit of "do as I say, not as I do" here is my take on some of the other issues around this case: Lacrosse players are innocent of the rape charges but there is truth in what IMHO says that several of them are low class. They throw a tasteless party and let things get out of control by either provoking, or at least escalating, problems with racist and sexually aggressive comments. The most charitable view is that they lack(ed) judgment and moral character. The lacrosse coach is not a hero. He lost control of a team and recruited individuals who brought shame to the university that they represent. He should have been fired. Duke will not miss that mom from Georgia who said that she told her son not to go there because of how they handled this situation. Would the son go out and do something vile and stupid? Duke may have dodged a bullet on that one. Kali, I think the only lacrosse player with any legitimate complaint about the university's treatment is McFadyen and it was frankly for his own good to get him off campus given the safety risk. Suing the university would be ludicrous, though I agree that the team should play on under new leadership and the alumni should push for Danowski. I think that the Durham community should support the accuser/victim but should be open to the truth, even if it means that the accuser/victim is lying. Why push for a gag order only when the facts are contrary to her story? Hypocrisy is the weapon of the oppressor. Am I the only one who believes that the taxi driver is a hero? He's thrust in a difficult situation and does the right thing despite personal pain (Nifong muscling him to lie). The Durham community should rally around him. Finally, and it bears repeating if only for catharsis, shame on Mike Nifong for sacrificing the truth and civil rights to win the DA election. It's the DA of Durham, for Christ's sake, hardly worth sacrificing our justice system, community, and the hard work of his family as a guardian ad litem. Sad.

    Good point thinkandtype. Can't remember where I read it, but something to the effect that initial responding officer to the Kroger handed the AV over to another officer to take to the detox/psychiatric facility. He was called later, from the hospital, and told that the woman that he thought was just drunk said she had been raped. He then reported to the hospital because he was the first police officer to see her and be involved in her case.

    posted by thinkandtype:
    I'm just thinking about this because of the specific photos images in question. Finnerty is fairly distinctive looking, but if I recall, he might have had an older brother on the team, so there could have been two similar looking pale Irish kids.
    Finnerty's brother was, reportedly, a senior at Duke, but he does not appear on the team roster at all, unlike his brother Collin, the ATTACKER. LOL!

    Well said, atl.

    Re: Duke Lacrosse: Defense Seeks Accuser's Descr (none / 0) (#74)
    by Bob In Pacifica on Fri May 26, 2006 at 08:26:16 AM EST
    Durga, your snark about racism aside, not all racists rape strippers. Not all sexists or makers of rude remarks rape strippers. You are making some connection between the behavior of some of the people at the party and the people who allegedly committed the rape. Finnerty and Seligmann apparently weren't even around when the lame "cotton shirt" remark was made. No one's connected the man with the mustache to either the broomstick comment or the "cotton shirt" comment. You write: It is irritating how many white racists I've seen use that movie to justify their behavior. The "movie" being that everyone harbors racist thoughts. But everyone does. Go read the research. But what you are doing is alleging that the existence of racism somehow helps the argument that a crime was committed. If you push the b*llsh*t backwards through the machine, it still doesn't work. The NBPP are a racist anti-Semitic organization, according to the Southern Poverty Law Center. They are an offshoot of the Nation of Islam, whose tenets are also racist. What does that prove in this case? Nothing, other than it's probable that underlying their motivation in getting involved was racism and their opportunity to strut around and pretend that they're defending the black community. But it doesn't prove a thing about what happened that night. +++ Regarding your comment that being "suicidal" is not a mental illness, I'd suggest that you do a check between symptom and disease. The disease is what you are hospitalized for. Being suicidal is the symptom. By the way, trying to run over someone with a stolen taxicab is "homicidal." From what little we know about the AV I would guess some kind of dissociative state. But maybe I'm wrong about the seriousness of being hospitalized for mental illness. I don't know anyone I've worked with or in my circle of friends and acquaintances or family who have been hospitalized for a mental illness for a week. And I know lots of people who are a little crazy. Actually, I was told that one guy who was in my company in the army had dropped too much acid and was hospitalized. That was back in 1973. Durga, how many times have you been hospitalized for a week for mental illness? Not just the 72 hours because you may have been a danger to self or others? How many of your homeys? Your family? So in order to avoid your own "nuts and sluts" baitng, perhaps we shouldn't discuss the AV's hospitalization. Perhaps we shouldn't discuss her occupation either. Perhaps was should all just agree with you that she's "sweet." Of course, we still have the "sweet" AV's statement and absolutely nothing else that proves that a gangrape had been committed.

    thinkandtalk: I've wondered about the method of the photo id "line-up" as well, as I suppose many of us has. Maybe I watch too much of the Law & Order series, or read too many crime novels, but Nifong's methodology seems curious to me. Why not follow a more standard "what color was his hair? what color were his eyes? how tall was he? how much did he weigh? did he have any distinguishing marks? what complexion was he? what was he wearing?" set her up with a sketch artist, see what they can come up with? Preemptive response: I can completely understand if a rape victim is unable to come up with a lot of details about what her attacker looked like. But get as much info as you can, then have a "six pack" that includes one, say, dark haired, dark eyed, heavy set, white lacrosse player, and five similar looking non-lacrosse player. I know this would take more time, but don't sacrifice the independent identification for the sake of expediency. Let her take her time, for goodness sake. But especially in Seligman's case, since he was supposed to be in front of her, and since she did say she was 100% sure about him, if she could have picked him out from a six pic array, that would give her so much more credibility.

    Easy to believe that Nifong was not sure she could make the ID that way so he made it easier on her.

    Durga wrote:
    As far as I'm concerned, it "started" with the broom comment.
    I agree the bad blood and tension started there. But as far as I have read (Lora I hear your point) the insult-fest started outside and was escalated to a racial level there. If Kim threw the first racial insult, then that is significant from the racial level because she took it there first.
    It's a piece of melodramatic tripe that simplifies racism and basically says, "it's okay to be racist because, hey, everybody else probably is!" without getting to the causes/motives, and responsibility. Not to mention how Asians were practically non-existent. It is irritating how many white racists I've seen use that movie to justify their behavior.
    No, the premise was that racism is serious problem that transcends the stereotypical only white people can be racist mentality...that you clearly have. It basically was pointing out that everyone needs to look in the mirror and take responsibility for their contribution to the racism problem...including you. IWhat pisses you off is that it takes away your favorite target...white racism and forces you to see that racism comes in multiple forms. Case in point, you basically just called me a white racist. You don't even know me. I have said nothing racist on this blog and never would. Your attitude is part of the racist problem in America....the presumption that white people are racist. While my opinion may differ from yours and others, I look at the facts of this case in a color blind manner...you evidently do not. The very last thing that movie stood for was that "it's okay to be racist because, hey, everybody else probably is!" It stood for the opposite, everyone is racist and it is not OK. That's why it took tragedy or potential tragedy to wake people up to just how destructive racism is. You sound so bitter, get over yourself.
    I understand that they had to finish a job, anybody who does any type of works knows that deal.
    Give me a break.....don't impose your integrity and dedication to your job to these two. You insult yourself. Are you saying that someone who has admittedly embezzled $25k from a stable, good paying job for no reason respects the concept of employment? Which job did she feel obliged to finish...her payroll job or her embezzlement job. And what about the AV/FA stealing her client's cab, does she respect her job enough to not steal from the customers? Guess what they both got fired because they did not respect their jobs. You presume the sex business is full of people with intergity and respect for others. Are you really this naive?
    I know two strippers. One of them wouldn't take a single drink of Smirnoff because she was on her way to work.
    I used the pannel as an example instead of something annectdotal....but I can play your I Know game too....I know about 6 strippers and am very close friends with 3 ex-strippers and one former call girl. I have represented a few of them and helped a few out with some life problems. Only one was a high priced call girl in NY, none of the others are escorts, which is a big difference, according to the girls I know. At least 5 of the girls I know have been to rehab. So get off your horse. Furthermore, the two women on the pannel know more that either you or I, so deference should be given to them. And before you patronize them, their goal is to provide job skills, support and education so they can improve their lives and get into the non-sex work place where respect for the job is commonplace. I would think you would embrace their efforts.

    Sharon, I see your point about the lineup in general, and tend to agree that it was, with the best possible spin, irregular. But assuming that it wasn't so irregular, how likely is she to make a correct ID of the tall/dark/stocky lacrosse player-rapist in a sea of similar looking tall/dark/stocky lacrosse player non-rapists?

    1. Your quote from my post was NOT an ad hominem attack, it was the kind of thing that is allowed to attack a witness', any witness' credibility.
    Ad hominems are a