home

Duke Lacrosse Open Thread

The last Duke thread is full. Here's a place to keep the conversation going.

< Sealed Case 06cr00128 and Outing Sources | No Fitzmas? >
  • Premium Ads

  • Blog Ads

  • Contribute To TalkLeft

    donate to TalkLeft


  • Display: Sort:
    Re: Duke Lacrosse Open Thread (none / 0) (#1)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 06:30:11 AM EST
    Newport posted:
    TL, funny I never read about it. The link you gave is dead on my computer, am I doing something wrong.
    Talk Left dropped the last letter of the link. Here it is.

    Re: Duke Lacrosse Open Thread (none / 0) (#2)
    by Talkleft Visitor on Wed Jun 14, 2006 at 06:36:11 AM EST
    IMHO:
    InnocentByStander did.
    I don't want to keep talking about this, because it is off topic and nit-picky, but niether InnocentByStander nor you ever pointed out an oral rape carried out without a weapon. I tried to argue what mattered (that the McDonald's case was not analogous because she was not fighting back when oral sex was initiated) and InnocentByStander said,
    StrawMan........I was not referring to that statement. You switched the argument. Newport said to name one case of oral rape that did not involve a weapon such as a gun or a knife and I did it. People say, "Name one. Just name one." and even if you do they won't admit it.
    If you and InnocentByStander want to play that game, fine. Sodomy is not rape. Sexual abuse is not rape. Once again, no one was charged, plead guilty, or was convicted of rape in the McDonald's case. I am dropping this subject at this point as it has nothing to do with the Duke case.

    Re: Duke Lacrosse Open Thread (none / 0) (#3)
    by Bob In Pacifica on Wed Jun 14, 2006 at 06:55:59 AM EST
    Sorry, TL, I posted a couple things about Duke in the wrong place. Regarding SLOphoto's comment of 12:18A.M.: One of IMHO's repeated themes, when she's not playing "the defense lied" or "there is no proof that the AV had sex before the rape", is that the lacrosse players would have been better off cooperating with the authorities. I refer her to Junior Murvin's "Police And Thieves" which was covered by The Clash.

    Re: Duke Lacrosse Open Thread (none / 0) (#4)
    by Bob In Pacifica on Wed Jun 14, 2006 at 06:57:19 AM EST
    It's also a hoot for anyone (that is, IMHO) to be telling the lacrosse players that they all would have been better off cooperating with the authorities in this case. The AV, who apparently was completely believed by the police and the DA, seems to provide three different answers for every question asked her. Considering how clearly unreliable AV was out of the gate, and how the police and DA repeatedly discarded anything exculpatory on their way to indicting the three men, I don't see how anything that they may have done would have altered the course of events. So I'll ask: What could the players have done differently to be better off than their current situation?

    Re: Duke Lacrosse Open Thread (none / 0) (#5)
    by Bob In Pacifica on Wed Jun 14, 2006 at 07:12:52 AM EST
    On the last thread IMHO wrote: I've always stated that I do not know if the accuser is lying or the if the players [almost all through their attorneys] are lying. Most of my posts deal with correcting what I see to be misstatement of facts by the media, attorneys and other commenters. We all require a level of proof in order to believe anything. None of us were present at the party and so are on the outside looking in to determine what the facts of this case were. IMHO: Since you are just an impartial corrector of misstatements, could you maybe mention whatever the AV said or that she reportedly said in official documents that you have questioned? Also, do you believe the AV was gang raped at that party?

    Re: Duke Lacrosse Open Thread (none / 0) (#6)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 07:19:27 AM EST
    SLOphoto posted:
    Obviously, IMHO, you have never been the victim of a police setup.
    I'm sure I have plenty of company. SLOphoto posted:
    Obviously you have never actually worked on the inside directly with police officers over a long period of years.
    Actually, I am well aware of the workings of law enforcement - from the inside. If the people with whom you have experience are the norm, we'd be seeing a lot more suspected wrongful convictions than we do. The truth is most people plead to lesser crimes than not only they are charged with, but than what they actually, often by their own admission, committed. Look at the accuser's "night on the town." She fully cooperated [once the police chase was over ;)] and was treated more than fairly. She made a wise decision. SLOphoto posted:
    The fact that you "don't believe ANY of the players would be in a worse position" for having coöperated just shows that you have never personally seen what actually can happen -- sometimes -- to naïve people who think just like you do.
    I've seen what has happened to savvy people like the once-proud Duke lacrosse team. SLOphoto posted:
    You can pontificate about this all you want, IMHO, but it is obvious that you've never seen it from the inside. You don't know what everybody who has ever worked on the inside knows from long personal experience -- that there are just about as many cops and robbers among cops as anybody else. And that goes for DA's too.
    Read my post on the subject, then read your own. I think you've out-pontificated me.

    Re: Duke Lacrosse Open Thread (none / 0) (#7)
    by Talkleft Visitor on Wed Jun 14, 2006 at 07:33:44 AM EST
    Actually Newport said something more like "show me some cases" and he said that oral rape without a weapon (like a gun or a knife preferably held to the victims throat)would be extremely rare. Newport wins . I would just like to try and make my point because it is a good one. He couldn't "concieve" of an oral rape without a weapon because a sane man would be afraid of being bitten. TV gives us the false impression that we can "concieve" what any given crime would look like. Any hollywood director would give the "rapist" a scary looking prop to hold to the "victims" throat. I pointed out a few "real" dramas, (code in ER, box recorder of airplane crashing) that I thought he might have actually seen or heard, and noted that it is not as it appears on TV drama. I am sorry that I was not clear. The case I found although not a conviction of "oral rape" actually showed pictures of what most people would view as an oral rape. I wanted to contrast TV with "real" and I can't imagine a better "case" for that. Truth is stranger than fiction. There is no weapon and people don't behave at all in the ways we might imagine. I don't see how defining rape is off topic. Calling people names should not be okay here.

    Re: Duke Lacrosse Open Thread (none / 0) (#8)
    by cpinva on Wed Jun 14, 2006 at 07:48:21 AM EST
    ok, much as i hesitate to ask this, has there been any recent evidence come to light on this case? frankly, i'm beginning to get the sneaking suspicion that this is going to end up being among the biggest cases that never was, solely based on what i've seen so far. of course, i could be wrong. frankly, i hope i'm not, but not for the reason you might think. i hope i'm not wrong, because i hope the AV wasn't raped, because rape is such an abominable crime.

    Re: Duke Lacrosse Open Thread (none / 0) (#9)
    by Talkleft Visitor on Wed Jun 14, 2006 at 07:56:03 AM EST
    I am not going to waste my time combing cases for anyone, but victims are beaten and/or choked, threatened, and then ordered to orally copulate a man. It is not rare.

    Re: Duke Lacrosse Open Thread (none / 0) (#10)
    by Talkleft Visitor on Wed Jun 14, 2006 at 07:59:48 AM EST
    Imho-
    It's not about hiring strippers, it's about how they reacted when the stripper party went bad. The whole team's reputation is sullied from the broomstick joke/threat and the racial slurs because the players who made those remarks are cowardly hiding behind the Blue Wall. The code of silence they adopted in protection of one another is what led many people to conclude the players are morally deficient.
    Thank you. Sharon -
    But how, then, can you defend Nifong's behavior, conduct, speaking, and the lack thereof since the election? If he has half the faith in her that all of you have shown on this board, he should do something, say something, NOW.
    Actually, at the other board I post on, I had been critical of Nifong. However that board is a feminist board so it doesn't focus exclusively on this case and was really more covering some of the disappointing reactions to it from the beginning (which really reminds us why its so hard for rape victims). Coming over here, the commentary was critical if not hostile to Nifong for everything from his possible motives, to perceived lies, to actions. The defense, on the other hand, haven't been held to as high a standard, at least on this board, so it kind of re-wired my willingness to go after Nifong's every which move.
    But do you have a son? If so, have you asked yourself how you would feel if he had been wrongly accused of rape, and particularly the rape charged in this case? If you don't have a son, how about a brother, or father, or husband? Would you want any male in your life to have to go through what the accused are going through, based on the AV's accusations, and damnall little more?
    I'm not imho and I don't have a daughter, but I know six women who have been raped, 1 of them twice (yes ... it can happen. Yes, they can go through life without reporting either). One was gang-raped, the rapist of another one had raped at least 1 other woman. One - with the rapist who is known to have raped another woman (and even apologized to my friend) - has a severe depression and possibly bi-polar disorder which had nothing to do with her being raped though I'm certain Bob In Pacifica will decide he should be the judge of that. None of them have ever pressed charges. I know just from reading here what kind of things would be slung at them if they did: "why did she run away from home? And there were a bunch of boys where she stayed, she probably wanted it!", "she was friends with him and they went on a bus together like they always did; she probably planned it! What was she wearing? Was it provocative?", "she is obviously depressed so it certainly is something she made up in her head", "what was she doing wandering around like that? If she really had to use the bathroom, why would she be stupid enough to ask a stranger? Just go in the bushes! She was probably whoring so who cares!". I know of one man who was falsely accused of rape. Not arrested for it, not charged for it, and it was actually by a man he beat up badly after he stole his kid's Easter candy and electronic toys one Sunday morning. He said he had raped his girlfriend to try and up the charges that would be against him. You know what the perpetrator did when he heard that would be in the report? TALKED. Was open about it, was honest about what went down, admitted everything he did, said why he did it, told the police the woman wasn't even in the city (she wasn't, she was at a University), made sure nobody else in the house took the blame for anything that could have went down between them.

    Re: Duke Lacrosse Open Thread (none / 0) (#11)
    by cpinva on Wed Jun 14, 2006 at 08:02:47 AM EST
    TL, how many times does one have to sign in, daily? is there a server problem still?
    Actually, I am well aware of the workings of law enforcement - from the inside. If the people with whom you have experience are the norm, we'd be seeing a lot more suspected wrongful convictions than we do. The truth is most people plead to lesser crimes than not only they are charged with, but than what they actually, often by their own admission, committed. Look at the accuser's "night on the town." She fully cooperated [once the police chase was over ;)] and was treated more than fairly. She made a wise decision.
    IMHO, were this truly the case, than you would know better than to make such an uniformed comment, about the team members having been better off, had they fully cooperated with the authorities, right up front. i'm going to repeat this again, for those of you either on drugs, or just blissfully unaware: should you be the focus of interest, by the authorities, with respect to a criminal event, do not, i repeat, do not cooperate in any way, shape or form with said authorities, without your attorney present. the police are not your friend. they are not looking out for your best interests. they are looking to make an arrest and get a conviction, period.

    Re: Duke Lacrosse Open Thread (none / 0) (#12)
    by Talkleft Visitor on Wed Jun 14, 2006 at 08:07:04 AM EST
    InnocentBystander - I agree with with what you are saying about TV vs. real life, and how TV alters our expectations. It is a very good point, in fact, and important to remember. I just don't agree with your example (McDonald's case) because I don't think it was rape (and the courts seemed to agree).

    Re: Duke Lacrosse Open Thread (none / 0) (#13)
    by wumhenry on Wed Jun 14, 2006 at 08:11:04 AM EST
    IMHO wrote:
    Look at the accuser's "night on the town." She fully cooperated [once the police chase was over ;)] and was treated more than fairly. She made a wise decision.
    Fortunately for her, Nifong had no reason to fear he'd lose an election if he let her off easy.

    Re: Duke Lacrosse Open Thread (none / 0) (#14)
    by wumhenry on Wed Jun 14, 2006 at 08:29:41 AM EST
    BTW, what does "cooperate fully" entail when the police already have enough evidence to prove you guilty beyond a reasonable doubt, having caught you red-handed?

    Re: Duke Lacrosse Open Thread (none / 0) (#15)
    by Talkleft Visitor on Wed Jun 14, 2006 at 08:32:04 AM EST
    Re: Duke Lacrosse Open Thread (none / 0) (#16)
    by Talkleft Visitor on Wed Jun 14, 2006 at 08:45:13 AM EST
    For the NPR story, try this.

    Re: Duke Lacrosse Open Thread (none / 0) (#17)
    by Talkleft Visitor on Wed Jun 14, 2006 at 08:53:00 AM EST
    Wow. This is definitely inconsistant with her written statement. So now she claims she went back to the house looking for the AV and didn't find her? That's strange, because in her written statement she says she went back looking for the AV's purse (leaving the AV in the car). I wonder what she will "remember" on the stand.

    Re: Duke Lacrosse Open Thread (none / 0) (#18)
    by Talkleft Visitor on Wed Jun 14, 2006 at 08:54:53 AM EST
    It is also interesting that while in the written statement, the players ask her for help getting the AV to the car, but that in this new version it is Kim who is trying to organize the effort.

    Re: Duke Lacrosse Open Thread (none / 0) (#19)
    by Talkleft Visitor on Wed Jun 14, 2006 at 08:56:01 AM EST
    You also have to like how 5 minutes of seperation has now turned into "chain-smoking" in the car for an unknown time.

    Re: Duke Lacrosse Open Thread (none / 0) (#20)
    by Talkleft Visitor on Wed Jun 14, 2006 at 08:56:55 AM EST
    What a crock.

    Re: Duke Lacrosse Open Thread (none / 0) (#21)
    by Talkleft Visitor on Wed Jun 14, 2006 at 09:07:24 AM EST
    What do you think of the job Juan Willimas did in story?

    Re: Duke Lacrosse Open Thread (none / 0) (#22)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 09:11:11 AM EST
    noname posted:
    I don't want to keep talking about this, because it is off topic and nit-picky, but niether InnocentByStander nor you ever pointed out an oral rape carried out without a weapon.
    InnocentByStander did just that. Here is the video of that oral rape being carried out without a weapon. The man in the video who threatened to hit the 18 year old woman again if she did not perform oral sex on him was charged with sodomy. Neither oral nor an@l consensual sodomy is a crime in Kentucky if both participants are over 16 years of age. To be charged with sodomy in Kentucky is to be charged with forcibly compelling oral or anal sex. noname posted:
    If you and InnocentByStander want to play that game, fine. Sodomy is not rape. Sexual abuse is not rape. Once again, no one was charged, plead guilty, or was convicted of rape in the McDonald's case.
    In Kentucky, the legal term for oral rape is sodomy. Mr. Nix was charged with sodomy for forcibly compelling the young woman to perform oral sex on him. He plead to a lesser charge which requires Nix to serve time in prison, to register as a sex offender and to testify against the alleged perpetrator of the hoax. The point of your "just name one" challenge was to show someone could carry out an oral rape out without a weapon. noname posted:
    I am dropping this subject at this point as it has nothing to do with the Duke case.
    InnocentByStander posted:
    Newport said to name one case of oral rape that did not involve a weapon such as a gun or a knife and I did it.
    People say, "Name one. Just name one." and even if you do they won't admit it.
    Newport said if they exist they are rare, it was noname that said "Just name one." You did, InnocentByStander. Here's a case that resulted in a conviction on two counts of oral rape that were carried out without a weapon:
    The State of Ohio, Appellant, v. Jones, Appellee.
    [Cite as State v. Jones (1997), ______ Ohio St.3d ______.]
    Appeal from the Court of Appeals for Montgomery County, No. 14649.
    In the early morning hours of February 3, 1994, Teressa Robinson found herself abandoned by friends in an unfamiliar neighborhood of Dayton. While searching for a telephone, she encountered Andre Jones, defendant-appellee, who offered to help. Instead, he led her to a nearby park, struck her in the face, and commanded her to perform oral sex. Robinson complied out of fear.
    ..... again forced Robinson to perform oral sex.
    ..... Jones contended at trial that all the sexual contact was consensual.
    The jury found Jones guilty of two counts of oral rape, ...
    The court of appeals affirmed the convictions.


    Re: Duke Lacrosse Open Thread (none / 0) (#23)
    by Talkleft Visitor on Wed Jun 14, 2006 at 09:43:09 AM EST
    From the Juan Williams interview: Roberts says that after the racial slurs (and broomstick comment?), she "runs outside" by herself and locks her car doors. She declines to elaborate more on the details. Williams commentary follows: "Roberts says the other dancer soon joined her in the car. Some men came out to demand a refund because the women had danced for fewer than five minutes. She says the men also made racist comments. Roberts says the other dancer got out of the car and went back inside to get a purse. Roberts nervously waited in the car chain smoking. She's unsure how much time passed. Roberts went back into the house to look for the other woman, but didn't see her. It's during this time that the rape allegedly occurred. When she (Roberts) returned to the car, someone yelled that the other dancer was passed out on the porch. Roberts asked the men to help woman get to the car." Roberts: "She's taking steps on her own, but her head is down and she gets into the car slumped over that same way. 'Slumped' is a good word to use." Then, the players continued to use racial insults, Roberts eventually called 911 from the car, then drove the other woman to a grocery store parking lot. From Kim Roberts' written statement: "-forgot to mention that the first time Precious came to the car, she left because she felt there was more money to be made. It was after then, that the boys helped her to the car. The(y) carried her by throwing her arms over their shoulder and assisting her walking to the car - I can't remember if only one boy helped or 2." So, from this, I get that Kim and "Precious" were separated twice, once when Kim left the party and left "Precious" behind and once when "Precious" returned to get her things. "Precious" only returned to the house one time, to get her shoe (according to Bissey) or purse (according to Kim) or to make more money (according to Kim's written statement). According to the Herald Sun article, "DA may seek indictments for 2 lacrosse players today" from April 16, 2006:
    Bissey said he saw the "skimpily dressed" accuser leave the house between 12:20 and 12:30 a.m., but then heard her say she was going back inside to retrieve a missing shoe.
    At 12:30, "Precious" was photographed on the back porch. So the window of opportunity is LESS THAN the ten minute window ceded by the defense team. She spent some time in the car with Kim before she returned to retrieve her property. If a rape occurred, someone spent some time fixing her up, cleaning up the evidence that may be on "Precious" and putting her clothing back in order.

    Re: Duke Lacrosse Open Thread (none / 0) (#24)
    by wumhenry on Wed Jun 14, 2006 at 09:51:27 AM EST
    The incident in the McDonald's is irrelevant because the guy didn't put his dick at risk. (So I gather from comments here; I haven't viewed the video.) The Ohio case *is* relevant, but note that the victim submitted under duress without a struggle. The Durham AV's forced-blowjob story is harder to swallow (heh) because she alleges that she put up a fighting resistance.

    Re: Duke Lacrosse Open Thread (none / 0) (#25)
    by Alan on Wed Jun 14, 2006 at 09:59:05 AM EST
    It strikes me that it's interesting that both Pittman and Johnson add final paragraphs to their statement that reverse the direction of what their saying. Pittman recalls the Av left the car, although she's earlier not said that and Johnson suddenly remembers he's got the dates out by a week. I've listened to hundreds of recorded police interviews. Do interviews get recorded as matter of course in NC? In my jurisdiction the defence would be fairly enthusiastic to hear the tapes as opposed to reading the statements. The defence would also be reasonably interested in the contents of Johnson's phone, but I guess that's no longer available.

    Re: Duke Lacrosse Open Thread (none / 0) (#26)
    by Talkleft Visitor on Wed Jun 14, 2006 at 10:03:31 AM EST
    Posted by wumhenry June 14, 2006 10:51 AM
    The Durham AV's forced-blowjob story is harder to swallow (heh) because she alleges that she put up a fighting resistance.
    The crime of oral copulation doesn't require the victim deep throat the guy. It depends on the laws of the state. In California, penis pass the lips is sufficient evidence for a conviction.

    Re: Duke Lacrosse Open Thread (none / 0) (#27)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 10:12:34 AM EST
    wumhenry posted:
    The incident in the McDonald's is irrelevant because the guy didn't put his dick at risk. (So I gather from comments here; I haven't viewed the video.)
    He did. wumhenry posted:
    The Ohio case *is* relevant, but note that the victim submitted under duress without a struggle. The Durham AV's forced-blowjob story is harder to swallow (heh) because she alleges that she put up a fighting resistance.
    from The State of Ohio, Appellant, v. Jones, Appellee:
    Instead, he led her to a nearby park, struck her in the face, and commanded her to perform oral sex. Robinson complied out of fear.
    AP Thursday, March 30, 2006:
    "The victim's four red polished fingernails were recovered inside the residence consistent to her version of the attack. She claimed she was clawing at one of the suspect's arms in an attempt to breath (sic) while being strangled. During that time the nails broke off," the police statement said.
    The Abrams Report' for April 4:
    COSBY: What did she say that the men said to her in that house?
    UNIDENTIFIED MALE [accuser's father]: She said they were making racial slurs. They was calling her (BLANK) you know and all of that. She says she remember that while they were beating her.
    COSBY: What else did she describe about what it was like in the house?
    UNIDENTIFIED MALE: She did tell me she thought she was going to die. She said she thought they were going to kill her.
    Do we know how long she fought? Did she ever succumb out of fear?

    Re: Duke Lacrosse Open Thread (none / 0) (#28)
    by wumhenry on Wed Jun 14, 2006 at 10:52:46 AM EST
    blakely wrote:
    The crime of oral copulation doesn't require the victim deep throat the guy. It depends on the laws of the state. In California, penis pass the lips is sufficient evidence for a conviction.
    If I were a wouldbe rapist confronting a resistant victim who is being held down by two accessories because she is unwilling to submit, I wouldn't want to put my naked penis anywhere within snapping distance of her mouth.

    Re: Duke Lacrosse Open Thread (none / 0) (#29)
    by sarcastic unnamed one on Wed Jun 14, 2006 at 11:05:21 AM EST
    Juan Williams, in his NPR interview with Roberts, said that the trial may begin as early as this fall. This would seem to contradict Nifong's (much) earlier statement that he doesn't expect the case to go to trial before next year. Has anyone heard of this fall trial start date from any other source?

    Re: Duke Lacrosse Open Thread (none / 0) (#30)
    by wumhenry on Wed Jun 14, 2006 at 11:06:11 AM EST
    Even if the guy in the McDonald's put his thing in her mouth, it's not analogous. The distinguishing circumstances are: 1)she was compliant; the culprit did not need to have her forcibly restrained; 2)she was duped into believing that the guy in the room with her was acting under color of authority, following orders from a police officer.

    Re: Duke Lacrosse Open Thread (none / 0) (#31)
    by Talkleft Visitor on Wed Jun 14, 2006 at 11:07:02 AM EST
    Posted by wumhenry June 14, 2006 11:52 AM blakely wrote:
    If I were a wouldbe rapist confronting a resistant victim who is being held down by two accessories because she is unwilling to submit, I wouldn't want to put my naked penis anywhere within snapping distance of her mouth.
    Yet, rapists do it all the time. Under your scenario, there is no such crime as forced oral cop.

    Re: Duke Lacrosse Open Thread (none / 0) (#32)
    by wumhenry on Wed Jun 14, 2006 at 11:18:30 AM EST
    Yet, rapists do it all the time.
    It's commonplace for a rapist to stick his penis in the mouth of a resistant victim while others are forcibly restraining her?! What makes you think so?

    Re: Duke Lacrosse Open Thread (none / 0) (#33)
    by Talkleft Visitor on Wed Jun 14, 2006 at 11:42:21 AM EST
    Posted by wumhenry June 14, 2006 12:18 PM
    Yet, rapists do it all the time. It's commonplace for a rapist to stick his penis in the mouth of a resistant victim while others are forcibly restraining her?! What makes you think so?
    I didn't say it was commonplace, you did. And I'm not in the mood for word games. You implied that a rapist would not forceably orally cop a victim because the victim might bite them. I suggest you read more case facts. And as I stated earlier, forcing the penis past the lips without more, is enough for a charge and a conviction of forciable oral cop.

    Re: Duke Lacrosse Open Thread (none / 0) (#34)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 11:58:11 AM EST
    wumhenry posted:
    Even if the guy in the McDonald's put his thing in her mouth, it's not analogous.
    InnocentByStander brought up the McDonalds case because nonmame challenged anyone to "just name one" case of oral rape committed without a weapon. When InnocentByStander did, noname tried to say it was not oral rape because the perp was charged with sodomy. I brought up the case to inform him that in Kentucky oral rape is charged as sodomy. The perp does not deny he threatened to hit the victim again if she did not perform oral sex on him. It is all on video . I did not say the McDonalds case is analogous to the charges against Seligmann. I brought it up to show that InnocentByStander was correct.

    Re: Duke Lacrosse Open Thread (none / 0) (#35)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 12:03:51 PM EST
    wumhenry, If a woman is being forced, by only one man, to orally copulate him, she could chance biting him and running for her life. If she is trapped in a bathroom with two more attackers, I doubt many women would consider the "bite and run" tactic a viable option.

    Re: Duke Lacrosse Open Thread (none / 0) (#36)
    by Talkleft Visitor on Wed Jun 14, 2006 at 12:11:17 PM EST
    IMHO is fond of hypotheticals and splitting hairs ... and says:
    If a woman is being forced, by only one man, to orally copulate him, she could chance biting him and running for her life. If she is trapped in a bathroom with two more attackers, I doubt many women would consider the "bite and run" tactic a viable option.
    Contrary to the belief of some, and in my somewhat limited experience, women do not have teeth in their vaginas or anuses ... Never having been in the situation that wumhenry describes, and proclaiming that I never will, I do, however, think that IMHO clearly does not have a penis, because the risk of losing it clearly cannot cross IMHO's mind. In my opinion, no male would put his penis in the mouth of a struggling female.

    Re: Duke Lacrosse Open Thread (none / 0) (#37)
    by Talkleft Visitor on Wed Jun 14, 2006 at 12:17:18 PM EST
    As seems to be the case here, Wumhenry's comments are right on point. The focus is not on whether the woman would bite during a violent struggle, (most women probably wouldn't out of fear, although I wish they would just take the raper's member right off), the focus is on the man that would put his member at risk of being bitten off. I submitted that such a man would have to be insane to insert his member into the mouth of a woman who was violently fighting off his advances. I stand by my comments. The case cited does not involve anyone fighting back as Precious said she did during this alleged assault. The assault Precious alleged was vicious and filled with violence, she was hit, kicked, beaten and choked according to her statement and she WAS FIGHTING BACK, scratching and clawing for her very life against these crazed men. (Never mind that there is no evidence of that other than Rita Cosby and the father.) Wumhenry stated:
    The incident in the McDonald's is irrelevant because the guy didn't put his dick at risk. (So I gather from comments here; I haven't viewed the video.) The Ohio case *is* relevant, but note that the victim submitted under duress without a struggle. The Durham AV's forced-blowjob story is harder to swallow (heh) because she alleges that she put up a fighting resistance.
    Wumhenry is correct. He didn't put his dick at risk with this compliant victim. Precious was not complaint, she was fighting back like mad. Wumhenry further stated:
    Even if the guy in the McDonald's put his thing in her mouth, it's not analogous. The distinguishing circumstances are: 1)she was compliant; the culprit did not need to have her forcibly restrained; 2)she was duped into believing that the guy in the room with her was acting under color of authority, following orders from a police officer.
    I agree.

    Re: Duke Lacrosse Open Thread (none / 0) (#38)
    by wumhenry on Wed Jun 14, 2006 at 12:19:05 PM EST
    blakely wrote:
    I didn't say it was commonplace, you did.
    That's right, I said "commonplace." What you said is that rapists "do it all the time." Same-same.
    And I'm not in the mood for word games.
    ?! ;)
    You implied that a rapist would not forceably orally cop a victim because the victim might bite them.
    More precisely, I'm saying that it's not likely that anyone in his right mind would try to put his dick in the mouth of a resisting victim who's being forcibly restrained by accomplices.
    I suggest you read more case facts.
    If you know of cases where a rapist put his dick in a victim's mouth while she was being forcibly restrained by others, tell us about 'em.

    Re: Duke Lacrosse Open Thread (none / 0) (#39)
    by Talkleft Visitor on Wed Jun 14, 2006 at 12:28:57 PM EST
    Bob asked:
    So I'll ask: What could the players have done differently to be better off than their current situation?
    Here are my thoughts on this: 1) they should have not invited strippers of any race into their house. They should have gone to a strip club if they so desired. So what if the underclassmen didn't have ID's to get in, they should have figured out a way to get in or just given up on the idea of seeing strippers; 2) they should have sent Precious home the moment they saw her coming around the corner in her dancing outfit with no undergarments. I don't care about the underaged drinking crap. 100 percent of all college students are guilty of it since they changed the drinking age from 18 to 21. All this did was move underaged drinking from on campus to off campus where the university has less ability to control the problem. I also don't care about the peeing off the porch, etc. It's disgusting and I would never do it, but most men seem to think it's OK to do this especially on golf courses here in Orange Country.

    Re: Duke Lacrosse Open Thread (none / 0) (#40)
    by wumhenry on Wed Jun 14, 2006 at 12:39:55 PM EST
    If she is trapped in a bathroom with two more attackers, I doubt many women would consider the "bite and run" tactic a viable option.
    As Newport said, you have to look at it from the guy's point of view, because it's his decision. I wouldn't want to risk *my* penis on an assumption that a struggling victim who wasn't afraid to stratch her assailants would draw the line at biting. Moving right along: I don't find it hard to believe that a struggling victim might be afraid to bite a wouldbe rapist's dick. But would she be afraid to keep her mouth closed? A blowjob requires *active cooperation.* To allege that one was struggling yet gave someone a blowjob doesn't jibe.

    Re: Duke Lacrosse Open Thread (none / 0) (#41)
    by Talkleft Visitor on Wed Jun 14, 2006 at 12:43:44 PM EST
    IMHO posted:
    From the defense motion: Investigator Himan omitted from his probable cause affidavit that in this written statement, Ms. Pittman informs the investigators that [redacted] never went back in the house. The affidavit also omitted that once [redacted] got to Ms. Pittman's automobile, she stayed there;... Defense motion with [typos] corrected: Investigator Himan omitted from his probable cause affidavit that in this written statement, Ms. Pittman [does not] inform the investigators that [redacted] never went back in the house. The affidavit also omitted that once [redacted] got to Ms. Pittman's automobile, she [did not] stay there;... hahahha! Yeah, typos. Osborn needs a new legal secretary. Weird how a few well placed [typos] can change the whole impact of the defense arguement.
    Try this on for size IMHO: Defense motion with [typos] corrected: Investigator Himan omitted from his probable cause affidavit that in his typed summary of this written statement, Ms. Pittman informs the investigators that [redacted] never went back in the house. The affidavit also omitted that once [redacted] got to Ms. Pittman's automobile, she stayed there;... How's that? You happy now that the typos are corrected?

    Re: Duke Lacrosse Open Thread (none / 0) (#42)
    by weezie on Wed Jun 14, 2006 at 12:45:07 PM EST
    Jua Williams' NPR snow job was actually laughable. Kim managed to make up a whole new fairy tale. The image of Kim locked into her car and chain smoking while she fretted about the FA's whereabout was pure fantasyland. Williams should be ashamed of pushing such garbage.

    Re: Duke Lacrosse Open Thread (none / 0) (#43)
    by Talkleft Visitor on Wed Jun 14, 2006 at 12:58:06 PM EST
    Yesterday I posted:
    TL and others, I wonder why the defense has not yet filed a motion to suppress the photo id's. That seems to me to be the strongest dispositive motion to be filed. It will obviously take some work, not a quickie like the recent motion, but they are no doubt going to file it soon. I suspect they are waiting for discovery to understand the full scope of ALL the attempts at obtaining an ID and description of these alleged to be involved. In the article re Professor Coleman requesting a special prosecutor, he states that it was the photographic ID that caused him the most concern in this case. I really don't understand the motivation of the Durham PD not to include fillers in the photo lineup to challenge the accuser's credibility. I understand Nifong's motivations, but I do not understand what the Durham PD and especially this Himan has to not perform proper police work. Wasn't Himan the investigator they sent after the poor cabbie. The police department doesn't answer to the DA as far as I know, but it sure seems like they do in this case.
    And, TL responded:
    The defense filed a motion to suppress the photo lineup weeks ago. You can read it here.
    TL: That motion is to suppress the identification order and all the fruits of the ID order and is what I have been discussing for the last two days. That motion was filed last Thursday I believe. What my post was asking your opinion on was a yet to be filed motion to suppress the photgraphic identification was unduly suggestive under the 6th and 14th amendments to the U.S. Constitution. I understand that as a defense attorney you have strong experience with the standards for running a proper photographic ID. Why has that motion not been filed? Too early? According to Woodie Van, a Durham attorney, Nifong doesn't have to respond to any of these motions. What happens then? Is the defense attorney just throwing motions over the transom knowing that they will be decided when some judge gets around to it? And the judge that decides said motions will just grant them because Nifong doesn't have to respond? I guess what I don't understand is how this works in a criminal case. How can the DA not have to file a written response to a dispositive motion without the fear that it will be granted? If it was me, I would file an opposition immediately out of fear that my opponents motion might be granted.

    Re: Duke Lacrosse Open Thread (none / 0) (#44)
    by Jlvngstn on Wed Jun 14, 2006 at 01:07:46 PM EST
    Penis biting. Is a rape victim supposed to think that a bite will not result in a more serious injury? I would argue that a rape victim would not be far off in assuming that if one is willing to rape them, one might be willing to inflict more serious harm up to and including murder and would be hard pressed to bite in that situation. I do not buy the argument that a rapist would be afraid of a bite because they are raping by force and have the victim concerned about how much farther they would be willing to take it. That said, I do not believe she was assaulted....

    Re: Duke Lacrosse Open Thread (none / 0) (#45)
    by Talkleft Visitor on Wed Jun 14, 2006 at 01:09:57 PM EST
    Jlvngstn: are you a man? Any man I know would be afraid of a bite. Ask around.

    Re: Duke Lacrosse Open Thread (none / 0) (#46)
    by Talkleft Visitor on Wed Jun 14, 2006 at 01:11:18 PM EST
    jlvngstn says:
    I do not buy the argument that a rapist would be afraid of a bite because they are raping by force and have the victim concerned about how much farther they would be willing to take it.
    Clearly, like IMHO, you don't have a penis either. Why stick it in an orifice that has lots of teeth that can be accidentally used when a vagina or an anus has no teeth.

    Re: Duke Lacrosse Open Thread (none / 0) (#48)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 01:20:06 PM EST
    beenaround posted:
    In my opinion, no male would put his penis in the mouth of a struggling female.
    Do we know how long she struggled? Did she ever succumb out of fear? Not even when she was being strangled and attempting to breathe? Did she say she thought they were going to kill her?

    Re: Duke Lacrosse Open Thread (none / 0) (#49)
    by Talkleft Visitor on Wed Jun 14, 2006 at 01:20:52 PM EST
    Yes, it is interesting that each time Kim talks about the alleged rape (and events before and after) she changes her story. The girl is a nut job and a fantastical liar. She is totally unbelievable and, I would imagine, would cause all sorts of problems for the prosecution (should they call her to testify). The Williams interview was just another (AP, Vanity Fair, initial interview with DPD) example of the "Kim Spin". (Eventually, she will get it right.) It was pure comedy. Yikes. What was up with the FAKE tears? Does anybody (really) buy this garbage? P.S. I do not have a p*nis, but if I did, I would most certainly not stick it in that dirty girl's mouth regardless of the circumstances.

    Re: Duke Lacrosse Open Thread (none / 0) (#50)
    by Talkleft Visitor on Wed Jun 14, 2006 at 01:27:02 PM EST
    beenaround posted:
    Why stick it in an orifice that has lots of teeth that can be accidentally used when a vagina or an anus has no teeth.
    Except that in this case the FA says both were already in use!!!!!!! So I guess Seligman was so insane or drugged out of his mind that this was his only choice. The insanity of this case is without parallel. How could the police not weed this out as a hoax? For all you feminists out there like Durga, Lora, IMHO etc., this case will set back protection of the rights of real rape victims for years to come. The damage this one vicious, mentally ill woman has caused and will continue to cause on our collective judgment is unfathonable. This case has also set back the notion of justice in this country and faith in the justice system. If these rich white boys with fancy pants lawyers could be railroaded right under the shining media spotlight of this case, what chance do the rest of us have. What change do the poor and helpless have. WHY ARE ALL LIBERALS NOT CHALLENGING THIS FA? You know why. Because the race is not right. Pathetic and all liberals who have not stood up against this railroading should be ashamed. This is why I have great respect for TL who is a liberal, but a rare fair minded one.

    Re: Duke Lacrosse Open Thread (none / 0) (#52)
    by Jlvngstn on Wed Jun 14, 2006 at 01:32:43 PM EST
    Yep, I be a man. And being that rape is about power and control and a great deal of victims are in shock or beaten into submission, I can clearly see how a woman would be afraid to bite. If a man can commit rape, what is to stop him from killing? Ridiculous argument.

    Re: Duke Lacrosse Open Thread (none / 0) (#53)
    by Jlvngstn on Wed Jun 14, 2006 at 01:36:00 PM EST
    By the way, you two sound as if you have never had your arse kicked. If you have ever been in a fight and been on the losing end, you cannot wait for the beating to end. I have been on both sides of that equation and getting pummelled is a pain I would rather not ever experience again. So I can relate with a woman who is scared of getting hurt worse or just scared of the consequences. Why do you think so many violent crimes that happen in broad daylight where no one helps turn out that way? Because people are afraid that the crazy kids beating up on one person might have a knife or a gun.

    Re: Duke Lacrosse Open Thread (none / 0) (#54)
    by sarcastic unnamed one on Wed Jun 14, 2006 at 01:36:08 PM EST
    I'm pretty sure Jlvngstn is a man.

    Re: Duke Lacrosse Open Thread (none / 0) (#55)
    by Talkleft Visitor on Wed Jun 14, 2006 at 01:36:12 PM EST
    jlvngstn says:
    Yep, I be a man. And being that rape is about power and control and a great deal of victims are in shock or beaten into submission, I can clearly see how a woman would be afraid to bite. If a man can commit rape, what is to stop him from killing? Ridiculous argument.
    Ahhh, you have fallen for those silly feminist myths about rape being about power and control.

    Re: Duke Lacrosse Open Thread (none / 0) (#57)
    by Talkleft Visitor on Wed Jun 14, 2006 at 01:46:19 PM EST
    By the way, you two sound as if you have never had your arse kicked.
    Yeah livingston I was in a lot of fights growing up and all were necessary to protect myself. And I never once had my ass kicked because my dad taught me how to stand up for myself when I was real young. Somehow, I'll bet you got your ass kicked a lot.

    Re: Duke Lacrosse Open Thread (none / 0) (#58)
    by Jlvngstn on Wed Jun 14, 2006 at 01:47:34 PM EST
    beenaround, let's say for sake of argument that it is not about power and control. Tell me what happens during a rape. If there is no force than the woman should retaliate and kick his arse. If there is force and she does bite and he beats her into a coma, does that sound like a pleasant outcome? If I were in prison and was being raped I would fight, but would I fight until death? Hell no. I would get me a shiv and cut the pokers eyes out next time in the mess hall or in the weight room. I am pretty sure that most victims of rape want it to be over and do not want to get the holy hell beat out of them so it seems reasonable that the fear of retribution for a bite, might outweigh the desire to do so. But then again, I have never raped anyone, do you have some special insight we should know about?

    Re: Duke Lacrosse Open Thread (none / 0) (#59)
    by Jlvngstn on Wed Jun 14, 2006 at 01:49:41 PM EST
    hey Newport, I am game I am in Chicago, and I am really terrified by words. I workout at Crunch and would love to lace em up with you. Say when.

    Re: Duke Lacrosse Open Thread (none / 0) (#60)
    by Jlvngstn on Wed Jun 14, 2006 at 01:52:11 PM EST
    They have a facility at Halsted and North avenue and you name the day and we can go 3 rounds of course, my guess is that you will not last more than one but if you are a gamer well then I am your huckleberry.

    Re: Duke Lacrosse Open Thread (none / 0) (#61)
    by Talkleft Visitor on Wed Jun 14, 2006 at 01:52:28 PM EST
    Keep working out Crunch. Maybe it will stop you from getting your ass kicked so much.

    Re: Duke Lacrosse Open Thread (none / 0) (#62)
    by Jlvngstn on Wed Jun 14, 2006 at 01:53:49 PM EST
    Come on now Newport all I want is 3 rounds. I am much more refined these days, don't need to square off in the street like pond scum, I prefer laces and leather. I am game.

    Re: Duke Lacrosse Open Thread (none / 0) (#63)
    by ding7777 on Wed Jun 14, 2006 at 01:54:09 PM EST
    NPR Kim:
    I run outside and lock my car doors
    . 1st Draft Kim:
    I went to the bathroom with Precious and told her I wanted to leave. Precious felt we could get more money and that we shouldn't leave yet. She was uncontrollable at this point and was yelling at the boys who were knocking on the door to leave us alone. I finally decided to leave the house. I left the bathroom and exited the house w/ my dancing gear on. I went to the car wanting to leave, but not wanting to leave the girl in the house alone.
    Maybe Kim is trying to impeach herself so neither side calls her to testify

    Re: Duke Lacrosse Open Thread (none / 0) (#64)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 01:56:31 PM EST
    Newport posted:
    Racially motivated insults are never appropriate, but how do they equate with what is alleged in this case? Are the accused boys the ones that hurled insults? Seligman wasn't even there.
    You don't know who called who what and what was said by the dancers.
    How does urinating off the porch equate with what is alleged in this case? Where was Seligmann when the women were dancing and insults were being hurled? Do you know who was urinating off the porch? It seems you mentioned the underage drinking, hiring strippers and public urinating, but avoided the reprehensible behavior of some of the players. Maybe because at least some of their behavior didn't fit your "boys will be boys" excuse.

    Re: Duke Lacrosse Open Thread (none / 0) (#66)
    by Talkleft Visitor on Wed Jun 14, 2006 at 01:59:42 PM EST
    IMHO, what about my typo correction? You didn't like it?

    Re: Duke Lacrosse Open Thread (none / 0) (#67)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 02:00:12 PM EST
    Jlvngstn posted to Newport:
    They have a facility at Halsted and North avenue and you name the day and we can go 3 rounds of course,
    I never thought I'd be in your corner, Jlvngstn, but my money's on you.

    Re: Duke Lacrosse Open Thread (none / 0) (#68)
    by Talkleft Visitor on Wed Jun 14, 2006 at 02:01:47 PM EST
    Crunch wrote,
    Come on now Newport all I want is 3 rounds. I am much more refined these days, don't need to square off in the street like pond scum, I prefer laces and leather. I am game.
    I am more of a bare knuckles brawler so I guess I would prefer the street like pond scum.

    Re: Duke Lacrosse Open Thread (none / 0) (#69)
    by Jlvngstn on Wed Jun 14, 2006 at 02:04:05 PM EST
    I see only bare knuckles is the excuse. We can wear 6 ouncers and abide by UFC rules. I am game for that, just would prefer not to get arrested for "bare knuckles". I can come to you to. I am sure that California has a few gyms that will allow two grown men to scrap it out with 6 ouncers......

    Re: Duke Lacrosse Open Thread (none / 0) (#70)
    by Jlvngstn on Wed Jun 14, 2006 at 02:08:16 PM EST
    Blah blah blah. Talk is cheap. If I had a nickel for every time I heard some jamoke say how tough he was and never lost a fight....Reminds me of the guys who go to Vegas 3x a year and never loses money. Marciano was the last man I know of who never lost a fight and have yet to meet someone who retired after a trip to Vegas...

    Re: Duke Lacrosse Open Thread (none / 0) (#71)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 02:08:41 PM EST
    Newport posted:
    IMHO,
    what about my typo correction? You didn't like it?
    I got side-tracked, but I'm on it. While you're waiting, maybe you could comment on that Ohio oral rape case. Convicted on two counts of oral rape. No weapon. It wasn't hard to find, though maybe I just got lucky. It was the first result on my first google search.

    Re: Duke Lacrosse Open Thread (none / 0) (#72)
    by Talkleft Visitor on Wed Jun 14, 2006 at 02:09:10 PM EST
    You know what Livingston, I don't know you and you don't know me. Let's leave it at that. I'm not going to play your juvenille little game anymore and I am not going to respond to you further.

    Re: Duke Lacrosse Open Thread (none / 0) (#73)
    by Talkleft Visitor on Wed Jun 14, 2006 at 02:09:14 PM EST
    May I suggest a duel? Just think of the hits TalkLeft would get.

    Re: Duke Lacrosse Open Thread (none / 0) (#74)
    by Talkleft Visitor on Wed Jun 14, 2006 at 02:12:11 PM EST
    IMHO wrote,
    I got side-tracked, but I'm on it. While you're waiting, maybe you could comment on that Ohio oral rape case. Convicted on two counts of oral rape. No weapon. It wasn't hard to find, though maybe I just got lucky. It was the first result on my first google search.
    I already responded to that one. There was not a noncompliant victim in that case.

    Re: Duke Lacrosse Open Thread (none / 0) (#75)
    by Talkleft Visitor on Wed Jun 14, 2006 at 02:12:32 PM EST
    jlvngstn says:
    But then again, I have never raped anyone, do you have some special insight we should know about?
    Can't resist ascribing the worst to someone who disagrees with you, eh?

    Re: Duke Lacrosse Open Thread (none / 0) (#76)
    by Jlvngstn on Wed Jun 14, 2006 at 02:16:13 PM EST
    lol, a duel. I like that. Newport, I know you, you are the guy who never lost a fight. I am the guy who won some lost some. For me, it sounds like a great honor to meet someone who has never lost. I mean, that is the stuff legends are made of. I challenge you to a legal match with 6 ouncers and UFC rules which is fairly open. I bet we could do a pay per view, "the man who never lost" against the panty waist. It would appear that I would be the underdog in this match so I am hard pressed to understand why you would duck and cover. The anonymity (sp) of blogging provides a great forum for those who are legendary, unfortunately for you I don't buy it. If I ever meet a Marciano relative I will make sure to inform them that I have made the acquaintance of his blogging equal...

    Re: Duke Lacrosse Open Thread (none / 0) (#78)
    by Jlvngstn on Wed Jun 14, 2006 at 02:18:58 PM EST
    Ahhh, you have fallen for those silly feminist myths about rape being about power and control.
    Back at ya. Did you have a problem with a feminist or is it that hard to believe that a frightened woman being forcibly raped by a man might not do a damned thing to exacerbate the situation any further?

    Re: Duke Lacrosse Open Thread (none / 0) (#79)
    by sarcastic unnamed one on Wed Jun 14, 2006 at 02:19:20 PM EST
    Does it make sense that the AV be beaten so severely and be dominated so absolutely such that she, in fear of her life, did not bite the Johnson that her attackers force into her mouth, and that she then, a few minutes later, would willingly and of her own volition walk back into the company of these very same violent, perhaps murderous, even, rapists to collect her belongings? Just doesn't sound remotely plausible to me. Newport, fyi, Jl, like you, thinks the AV is full of sh!t. In the main, he's in your corner in this debate. He's also been around TL for a long time. We don't often agree on much, but we do in general on this case (ie., it's a crock)- which means we agree with you in general. And he's a stand-up guy. I think he'd be a much more interesting dude to throw back a couple belts with, than a few punches at. fwiw.

    Re: Duke Lacrosse Open Thread (none / 0) (#80)
    by Talkleft Visitor on Wed Jun 14, 2006 at 02:24:11 PM EST
    Posted by inmyhumbleopinion June 14, 2006 02:12 PM Painstakingly transcribed by imho:
    If you work, I hope you are self-employed and painstakingly transcribing on your own dime.

    Re: Duke Lacrosse Open Thread (none / 0) (#81)
    by wumhenry on Wed Jun 14, 2006 at 02:34:48 PM EST
    In a comment posted at 1:39PM, I conceded that a woman who's being assaulted by a wouldbe rapist might well be afraid to bite his dick, but went on to make two points:
    As Newport said, you have to look at it from the guy's point of view, because it's his decision. I wouldn't want to risk *my* penis on an assumption that a struggling victim who wasn't afraid to stratch her assailants would draw the line at biting. Moving right along: I don't find it hard to believe that a struggling victim might be afraid to bite a wouldbe rapist's dick. But would she be afraid to keep her mouth closed? A blowjob requires *active cooperation.* To allege that one was struggling yet gave someone a blowjob doesn't jibe.
    Instead of continuing to rehash the conceded assertion, jlvngstn, why don't you respond to this?

    Re: Duke Lacrosse Open Thread (none / 0) (#82)
    by Jlvngstn on Wed Jun 14, 2006 at 02:42:04 PM EST
    WUM- Fear. Really I don't understand why anyone would question what a terrified woman would or wouldn't do. it is hard because I do not think an assault happened here, however, when considering the alternative i.e. ending up in a coma or dead, I would have to side with having a penis in my mouth. I will live to fight another day or do anything to get it over with. Again, being afraid of serious bodily harm can do wonders for what you are willing and unwilling to do.

    Re: Duke Lacrosse Open Thread (none / 0) (#83)
    by Jlvngstn on Wed Jun 14, 2006 at 02:46:36 PM EST
    I think it is pretty easy for a man to say, I would refuse and kick some arse, because men are not generally raped outside of prison. But if I were in a situation with 3 guys beating the piss out of me and one forcing me to fellate him, I would. I would probably dream every night of finding each one of them alone, but let's not kid ourselves here, for those of you like Newport, who could fight off 3 powerful men I commend you on your ability not to have to fellate. For those of us who actually do not think we can beat the tar out 3 men or a man with twice the strength and or a weapon, we will live to see another day. Broken and disgusted but alive.

    Re: Duke Lacrosse Open Thread (none / 0) (#84)
    by Talkleft Visitor on Wed Jun 14, 2006 at 02:51:50 PM EST
    Posted by wumhenry June 14, 2006 03:34 PM
    Moving right along: I don't find it hard to believe that a struggling victim might be afraid to bite a wouldbe rapist's dick. But would she be afraid to keep her mouth closed? A blowjob requires *active cooperation.* To allege that one was struggling yet gave someone a blowjob doesn't jibe.
    The charge is forced oral cop, not forced blow job. I do not know the laws of NC. I do not know the specific facts of this case. But allow me to repeat myself: pushing the penis pass a victims's lips, teeth clinched, mouth closed, meets the elements of forced oral copulation in California.

    Re: Duke Lacrosse Open Thread (none / 0) (#85)
    by Jlvngstn on Wed Jun 14, 2006 at 02:53:44 PM EST
    In the interest of full disclosure, SUO is Carville and I am Matalin.... Thanks for the support SUO, we have found a subject we can agree upon completely for a change, truth be told I would rather disagree with ya because I like your take even if I disagree with the extrapolations.....

    Re: Duke Lacrosse Open Thread (none / 0) (#86)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 03:00:47 PM EST
    Newport posted:
    Try this on for size IMHO:
    Defense motion with [typos] corrected:
    Investigator Himan omitted from his probable cause affidavit that in his typed summary of this written statement, Ms. Pittman informs the investigators that [redacted] never went back in the house. The affidavit also omitted that once [redacted] got to Ms. Pittman's automobile, she stayed there;...
    How's that? You happy now that the typos are corrected?
    So the [typo] led the judge to believe the defense attorneys were referring to the primary source, Ms. Pittman's handwritten statement [that does not support their argument], and your [correction] steers the judge to the secondary source, Hinman's inacurrate summary of Ms. Pittman's handwritten statement? hahaha! Judges love being "played" like that!

    Re: Duke Lacrosse Open Thread (none / 0) (#87)
    by Talkleft Visitor on Wed Jun 14, 2006 at 03:09:01 PM EST
    Both statements are there for all to see. No one's getting played. In a perfect world we would correct the reference to the primary source as well. Your AH HA moment is a nonstarter. I wonder if you have ever written anything for submission to a court of law and had absolutely nothing in it that someone culling over it with a find toothed comb could find somehow wrong. I wonder if there has ever been a legal document submitted in America since the time of the Revolution that you could not find some error in. People who engage in the sort of triviality you are engaging in here typically do not survive long in the real world. They make way too many people made with incessant nitpicking and they tend to lose all credibility. I suggest to you that is what is happening here.

    Re: Duke Lacrosse Open Thread (none / 0) (#88)
    by sarcastic unnamed one on Wed Jun 14, 2006 at 03:10:43 PM EST
    extrapolations
    What?! Why you...! How dare you! /kidding All good Jl. All this "forced oral" talk is starting to sound a little too close to "The Shawshank Redemption" to me...

    Re: Duke Lacrosse Open Thread (none / 0) (#89)
    by Bob In Pacifica on Wed Jun 14, 2006 at 03:10:46 PM EST
    Newport, you missed my point. It was in the area of cooperating with the police where I asked what they could have done differently in order to not end up indicted by the DA. One of IMHO's recurrent themes here is that the lacrosse brought it upon themselves by not cooperating with the police and Nifong and lawyering up. The problem with that is that they all pretty much cooperated. Their attorneys offered exculpatory evidence which Nifong has refused to examine. While Nifong talked about that blue wall of silence, I can't recall anything specific that he expected or wanted from the forty men, except perhaps some confessions. In fact, if you look at what evidence, however faulty, that the DA has relied on to indict these men, it is all based on the testimony of the AV. There is nothing during the course of the investigation that the players witheld that in any way brought about the charges. So maybe, except for in that rarified region in Immie's head, we can finally dispel that myth.

    Re: Duke Lacrosse Open Thread (none / 0) (#90)
    by Talkleft Visitor on Wed Jun 14, 2006 at 03:13:08 PM EST
    As I have told you before, you don't know that Himan's written summary as you call it is of Pittman's written statement. You don't know that it is inaccurate at all. Himan may very well have interviewed Pittman, got her story orally, left Pitman to start writing her story down and then set off to document, in his words for the record, what her story was. He may very well have not been working off of her written statement but an earlier oral statement that he heard and which did not include anything about Precious going back into the house.

    Re: Duke Lacrosse Open Thread (none / 0) (#91)
    by Talkleft Visitor on Wed Jun 14, 2006 at 03:14:32 PM EST
    Newport, you missed my point
    Thanks Bob, I know I did. I just used your opening to say a few things I felt were important.

    Re: Duke Lacrosse Open Thread (none / 0) (#92)
    by Talkleft Visitor on Wed Jun 14, 2006 at 03:16:35 PM EST
    Bob, I do agree with your post 100 percent, as you can imagine. Don't see how anyone could really disagree. From what I can tell, you have been a strong voice of reason on this board.

    Re: Duke Lacrosse Open Thread (none / 0) (#93)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 03:18:48 PM EST
    Kalidoggie posted:
    If you work, I hope you are self-employed and painstakingly transcribing on your own dime.
    No work. Just play.

    Re: Duke Lacrosse Open Thread (none / 0) (#94)
    by Alan on Wed Jun 14, 2006 at 03:21:50 PM EST
    I think it is pretty easy for a man to say, I would refuse and kick some arse, because men are not generally raped outside of prison.
    That's actually a myth. Antigay violence has been known to include rape. Go figure. Men do get raped outside of prison, although not in anything like the numbers for women, and I'm not talking statutory rape either. The stats are much smaller and the under-reporting is probably much more severe.

    Re: Duke Lacrosse Open Thread (none / 0) (#95)
    by Bob In Pacifica on Wed Jun 14, 2006 at 03:28:51 PM EST
    Just a question or two: In Kim's latest version, was she in the bathroom helping the three men rape the AV, or was she locked in her car? Or was that later? +++ By the way, is the "Kim helped them rape me" story off the table now? Was there ever an explanation as to its origin and its eventual disposal? +++ Can we expect Joe Cheshire to get equal time on NPR to try to help clarify the mess? +++ Newport, don't try to boil this down to right v. left as to who is on what side. If you've read my posts you'll know how I think that the case is bogus. Go visit my blog to see how liberal I am. Way liberal. In a criminal case you look at the facts. To presume the sincerity of someone's victimhood because she is poor and black and because the men accused are rich and white is as bigoted as some of the stuff coming in the other direction. The AV is a prostitute with a history of mental illness, substance abuse, criminal activity and filing charges of rape which she doesn't pursue. Every piece of evidence that was supposed to prove the prosecution's case has done the opposite.

    Re: Duke Lacrosse Open Thread (none / 0) (#96)
    by Bob In Pacifica on Wed Jun 14, 2006 at 03:35:38 PM EST
    Newport, watch out of Jlvngstn's right hook!

    Re: Duke Lacrosse Open Thread (none / 0) (#97)
    by wumhenry on Wed Jun 14, 2006 at 03:36:06 PM EST
    I do not think an assault happened here, however, when considering the alternative i.e. ending up in a coma or dead, I would have to side with having a penis in my mouth. I will live to fight another day or do anything to get it over with. Again, being afraid of serious bodily harm can do wonders for what you are willing and unwilling to do.
    Yeah, but according to the AV's story, she *wasn't* intimidated into submitting. Rather, she struggled mightily, despite blows and strangulation, so the bad guys had to take turns restraining her in order to get the nasty deeds done. But she gave Seligman a blowjob!

    Re: Duke Lacrosse Open Thread (none / 0) (#98)
    by inmyhumbleopinion on Wed Jun 14, 2006 at 03:37:52 PM EST
    </