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Nifong Responds to Newsweek in Duke Lacrosse Case

Yesterday I wrote about the latest Newsweek article on the Duke lacrosse players alleged rape case. Today, DA Mike Nifong released the e-mail he sent to Newsweek. It's long, you can read it here.

Shorter version: The defense is spinning, the media s*cks and he's prepared to let 12 jurors decide.

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    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#1)
    by JK on Mon Jun 19, 2006 at 08:19:57 PM EST
    I just saw Tucker Carlson. A TH on the show (Susan Filan???) said she read the medical report. I forget the phrasing, but the TH in essence said that the AV stated that one of the players ejaculated in her mouth and spit it out. Yet no DNA on the floor. So I guess the guys must have cleaned up the semen on the floor but left everything else a mess.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#2)
    by JK on Mon Jun 19, 2006 at 08:22:33 PM EST
    I meant to say she spit it out.

    yeah, jk, this entire thing just defies logic and common sense. I can hardly wait to see what's in the reported 1 foot of additional discovery material that's supposed to be delivered at the next court hearing.

    Sharon, thanks about my cat. The patient is sleeping. beenaround, I was joking. I was asking Wendy Murphy for her source that Hitler did not beat his wife. In that same exchange, Carlson, while crowing that he "honestly know[s] quite a bit about this case now," pretends he does not know the defense has admitted at least one racist remark.
    CARLSON: First of all, Wendy, this is coming from a woman who has made what I think are very clearly false allegations. So the fact that you would get up there and proclaim that they made racist remarks as if it were fact rather than a totally unproved allegation. Shows the recklessness.
    This is how these two flirt:
    MURPHY: I never, ever met a false rape claim, by the way. My own statistics speak to the truth.
    CARLSON: I'm really glad you're a justice analyst now and not a...
    MURPHY: You should be. Somebody needs to bring common sense to yourshow.
    CARLSON: Wendy Murphy, completely insane, but delightful nonetheless.
    Thanks for joining us.


    I've seen it suggested that Nifong plans to brazen it out and is counting on getting a majority black jury that will convict despite the evidence or at least give him a mistrial.

    SharonInJax wrote:
    Nifong's use of the quotation marks was a deliberate, spiteful slap in the face to Meadows, who was, out of courtesy, giving him an opportunity to be heard, to respond to the article before he was caught unawares by its publication.
    Newsweek did not publish Mike Nifong's email in its entirety. As far as I know, it was not publicly available until he willfully posted it on the Internet. Apparently he thought that displaying his email to Ms. Meadows would help to defend his reputation. But now that reporters can see his nasty "journalists" spank, it could turn many of them against him. What does that say about his judgment?

    jk posted:
    I just saw Tucker Carlson. A TH on the show (Susan Filan???) said she read the medical report.
    I forget the phrasing, but the TH in essence said that the AV stated that one of the players ejaculated in her mouth and [she] spit it out.
    Yet no DNA on the floor. So I guess the guys must have cleaned up the semen on the floor but left everything else a mess.
    There was DNA found on the bathroom floor. According to Cheshire: one DNA sample was found on the floor and one was found on a towel just outside the bathroom door. One of the samples was from semen. Seligmann is cleared as the source, both sources of the DNA were captains who lived at 610 N. Buchanan.

    Imho, good luck with your cat. Real life gets to you indeed.
    MURPHY: You should be. Somebody needs to bring common sense to your show.
    Well, whatever the outcome, I can't disagree with that...
    I forget the phrasing, but the TH in essence said that the AV stated that one of the players ejaculated in her mouth and spit it out. Yet no DNA on the floor.
    I thought they did find DNA on the floor (the nature of which I don't remember being disclosed), and a towel, which they then (once more, even after emphasizing the importance of DNA) downplayed?

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#9)
    by james on Mon Jun 19, 2006 at 08:56:34 PM EST
    I would urge everyone to read his email as it is not lengthy. It is, however, a kind of disorganized rant designed to portray Nifong as some sort of naive victim of the monstrous media. The best part was about his claims that the reporters were not doing their job by reporting that in DNA test #1 there was nothing found. Now the point is not whether or not that was accurate - the point is that he received the same treatment prior to all of this occuring. The local, as well as national, media covered what he said as 'gospel'. Sheehan, an N&O employee, came out against him today which is amusing because she wants both a special prosecutor but no blame for her rather incendiary remarks because she was reporting remarks from a reputable source (nifong). He is saying that it was perfectly okay for him to try the Duke team in public as he had not identified any specific individuals. He then asserts that once the charges were filed he, being an ethical prosecutor, chose not to speak in order to fufill his obligation as an impartial prosecutor. He realy does believe he is a victim. Another fun part involves his claim that he did not ever see his remarks as furthering his political career but, rather, he attempted to 'effectuate a more accurate discourse on a subject with great societal resonance'. That sort of sounds like race baiting and dishonesty in the extreme. Nifong does not do this with any other suspects - just duke. So the societal resonance is apparently that they are white kids from duke and she's an exotic dancer? What about all the other rapes, murders, etc? They all have 'great societal resonance'. I would say the Durham murder rate has a greater societal resonance than this incidence (30 some odd murders last year, not negating one alleged rape). The DNA arguments are pretty meaningless - the ones going on in here. That you might find semen in a bathroom shared by three guys really shows nothing beyond 'normal' college male behavior as well as just involuntary contact when showering in the morning, etc. The point is to link them. If Nifong is so confident in his sacred medical report he ought to agree with the defence to have it released in it's entirety rather than keep it sealed for confidentiality reasons as it is now. I'd also note that Sheehan from the N&O, who had been against these guys from the start, changed her tune in this morning's paper. (or last morning depending on your time zone).

    Greta's teaser was about Finnerty's court hearing today. Finnerty was not present. "Judge Bailey was not thrilled with developments in the case he mentioned to Mr. Finnerty's lawyers and his codefendants' lawyers that they had missed several phone calls while pre-trial services checked in with them ...they were put on a very strict curfew and a part of the conditions of that curfew is that they call home to check up on them and Mr. Finnerty and Mr. [inaudible] may [inaudible] according to Judge Bailey." Finnerty's lawyers said they were stumped, they thought he had been meeting the conditions of his curfew. Tentative trial date July 10th. Reporter said Finnerty's attorneys were fighting tooth and nail to delay that trial at least until his codefendants had served out their diversion programs so they could be called to testify in Collin's case without them incriminating themselves and getting revoked like Collin did.

    Nifong might want to delay and put it in front of a jury next year, but I can't imagine this train wreck surviving defense motions to have the charges dismissed. By the way, anyone hear from the AV, or is she still missing?

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#12)
    by james on Mon Jun 19, 2006 at 09:05:00 PM EST
    One of the most amusing sections of his 'rant' is when he addresses the horrid blogs (I would imagine that this is one of them). See, in the media, accoring Nifong, they start with a 'fault premise' or reach a 'demonstrably false conclusion'. But no, in the blogs it is much, much worse. This means he is reading up on the blogosphere reaction in his spare time. I find this odd as he is supposed to be swamped with this case, the horrible gang problems in Durham, managing all the ADAs, signing off on stuff, etc. You would think he has zero time to read a blog. Or read it more than once in awhile. I guess we'd be wrong. I believe his hatred is directed more at Johnsonville's blog than anyone else. Nifong must have felt pretty angry when it was revealed that he didn't get to go to the law school of his choice - DUKE - and he couldn't find a job as a prosecutor when he got out of college. Instead he volunteered to be a prosecutor. Hmm, pro bono prosecutor interesting. I'm not saying he doesn't have time to look at TL. What I am saying is he is reading the comments as well - or at least it appears to be the case.

    From the last thread, there was a quote about Hitler never beating his wife. Hitler wasn't married until he tied the knot with Eva Braun in his bunker as the Russians closed in. He never beat his wife. He never f***ed her either. After they were married they committed suicide.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#14)
    by james on Mon Jun 19, 2006 at 09:15:02 PM EST
    Nifong might want to delay and put it in front of a jury next year, but I can't imagine this train wreck surviving defense motions to have the charges dismissed.
    Not from these parts, Bob? Nifong is going to take this all the way - he has no other choice. Bottom line: Nifong really doesn't have anything to lose by going forward. It is a WIN WIN scenario. If he gets it dismissed, he went against the rich white players when another prosecutor would have cowered down. If he takes it to trial it's a spectacle and gets him more publicity as he wants to try it. If he loses he can claim it was because of a 'wall of silence', hatred, etc. He can't really 'lose'. He WOULD lose if he dropped it - he's still facing an election with a republican challenger entering as well as a commissioner running as an independent. The NAACP is 'monitoring' the case and when David Brooks had the audacity to support the players (all of them, not just the accused) the NAACP local head decided to bash the duke players and then say that only a jury trial could sort this out. The wording implied that all complaints that a prosecutor receives must be tried - that a prosecutor has no discretion and must go forward with questionable complaints. The panthers may have been vocal but the NAACP has made their views known.If the accused were NC Central football players who were black I imagine that the stance would be reversed but of course that's only a hypothetical.
    By the way, anyone hear from the AV, or is she still missing?
    The father last spoke to the media, after initially saying he would give no more interviews, to inform them that she might not be able to testify now, if ever. She was in a bad psychological state, etc. There is some speculation that she is elsewhere which is pretty reasonable as her home was staked out. Of course, she could be in treatment for the 'trauma' that the alleged rape caused her. She could also just be staying with friends.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#15)
    by james on Mon Jun 19, 2006 at 09:16:15 PM EST
    sorry, not 'if he gets it dismissed' but rather 'if it is dismissed'.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#16)
    by JK on Mon Jun 19, 2006 at 09:23:25 PM EST
    IMHO, You're right. I forgot about the towel. Do you have a link that says the DNA on the towel and/or floor was specifically semen? In any event, I think the important fact is that it wasn't the sperm of any of the indicted players.

    Jk, You were right about no president ever appointing a non-lawyer to the Supreme Court. I looked into this issue, and from what I can tell, some states have amended their constitutions to require all judges to be members of the bar and some have not, Texas for example has some judgeships that do not require bar admission. North Carolina amended its constitution in 1981 to require all judges AND the all district attorneys to be members of the bar. Link here The old geezers were grandfathered in so there may be a few old non-lawyer judges still around in NC. So my guess about North Carolina was wrong, only lawyers can apply to oust Nifong.

    banco55 posted,
    I've seen it suggested that Nifong plans to brazen it out and is counting on getting a majority black jury that will convict despite the evidence or at least give him a mistrial.
    I agree with this and believe it must be his strategy. Change of venue would seem to be critical and warranted. I never thought the boys could get more than a hung jury in Durham. What does this say about the morals of Nifong?

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#19)
    by JK on Mon Jun 19, 2006 at 09:33:47 PM EST
    The other implication of this detail is that we now know that according to the AV's stor(y/ies), at least one of the attackers "finished." This makes the absence of any DNA evidence even more remarkable. Of course, she says she spit it out, but no DNA on her face, mouth, clothes.

    imho wrote,
    There was DNA found on the bathroom floor. According to Cheshire: one DNA sample was found on the floor and one was found on a towel just outside the bathroom door. One of the samples was from semen. Seligmann is cleared as the source, both sources of the DNA were captains who lived at 610 N. Buchanan.
    I saw this too at the Cheshire news conference. I guess boys will be boys if you know what I mean. Wouldn't make too much of it since Seligman is the one alleged to have committed the oral rape.

    jk posted:
    Do you have a link that says the DNA on the towel and/or floor was specifically semen?
    In any event, I think the important fact is that it wasn't the sperm of any of the indicted players.
    One of the two is semen and one or the other could be from Evans. The first paragraph I transcribed from video of the first DNA presser. The second paragraph may be from an article. I'll look. unimpeachable source

    Here it is:
    They also found no DNA on the woman's clothing or belongings, players' attorneys said. The tests found DNA matches to two players, from a towel outside the bathroom and on another object, Cheshire said.
    One sample was from a player's semen and another was a different type of DNA, Cheshire said. He said that was to be expected in a bathroom shared by the three men who lived in the house.


    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#23)
    by JK on Mon Jun 19, 2006 at 09:48:14 PM EST
    IMHO, I read your post more carefully and it onlys says Seligmann was ruled out. If the sperm was Evans', I think that would be SOMETHING. Not nearly enough to outweigh the overwhelming weight of the evidence in the other direction, but it would certainly be a lot more than anything else (we know) Nifong has now. I doubt it's Evans' though, because I think that would have been leaked. But . . . one never knows.

    James posted:
    This means he is reading up on the blogosphere reaction in his spare time. I find this odd as he is supposed to be swamped with this case, the horrible gang problems in Durham, managing all the ADAs, signing off on stuff, etc. You would think he has zero time to read a blog. Or read it more than once in awhile. I guess we'd be wrong.
    Maybe his daughter is keeping him apprised of what the bloggers are saying.

    jk posted:
    IMHO,
    I read your post more carefully and it onlys says Seligmann was ruled out. If the sperm was Evans', I think that would be SOMETHING. Not nearly enough to outweigh the overwhelming weight of the evidence in the other direction, but it would certainly be a lot more than anything else (we know) Nifong has now.
    I doubt it's Evans' though, because I think that would have been leaked. But . . . one never knows.
    Seligmann is ruled out because, according to Cheshire, both samples: the DNA from the towel (which may be the semen sample) and the DNA from the bathroom floor (which is the semen sample if the towel is not) are from TWO of the three players that live in the house: Evans, Flannery, Zash.

    Did the defense share the 1300 pages of discovery with anyone other than Dan Abrams? In my opinion, choosing Abrams to review the discovery does not enhance the credibility of the defense spin. I can see why they might avoid "sharing" with Wendy Murphy, but what about Norm Early? He has been totally reasonable in his commentary on this case. Abrams claims he saw the whole medical report. Were there any photos in the report? Did he see what was on the two videotapes and the CD of photos? Has anyone heard him say he came across one bit of information that favors the prosecution's case?

    Maybe his daughter is keeping him apprised of what the bloggers are saying.
    Nice of you to keep your technophobe Dad informed of what's going on in the blogs IMHO.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#28)
    by Alan on Mon Jun 19, 2006 at 10:11:43 PM EST
    imho concocted:
    Maybe his daughter is keeping him apprised of what the bloggers are saying.
    Are you saying the Nifong's daughter will be mounting her fell beast and taking wing above the courthouse on Thursday to defend the Preciousssss? Or just that we should be careful not to get between the Nifgul and her prey?

    Good one, Alan. Can't believe I hadn't made the Tolkien connection. Should those of us who are less than enchanted with Mr. Nifong consider calling him Gollum?

    Alan posted:
    Are you saying the Nifong's daughter will be mounting her fell beast and taking wing above the courthouse on Thursday to defend the Preciousssss? Or just that we should be careful not to get between the Nifgul and her prey?
    Just that if she were to send him e-mails, he would probably read them.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#31)
    by Alan on Mon Jun 19, 2006 at 10:22:40 PM EST
    imho concocted:
    Just that if she were to send him e-mails, he would probably read them.
    Imho to rule them all, imho to find them, Imho to bring them all and in the darkness bind them.

    Kalidoggie posted:
    Lastly, what underlies Wendy's (and others on this blog) position is that they want a rape to have occurred!! regardless of the blatant inconsistencies.
    In my opinion it is similar personal bad experiences in the past that is the motivation for these blinders. Otherwise, to be objective creates subconscious doubt in their own unfortunate experiences.
    Kali, Care to tell us who you on this blog wants a rape to have occured?

    Hey Sharon,
    Can't believe I hadn't made the Tolkien connection. Should those of us who are less than enchanted with Mr. Nifong consider calling him Gollum?
    Don't be dissin my boy Sam Cassell.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#34)
    by barry on Mon Jun 19, 2006 at 10:53:14 PM EST
    "Seligmann is ruled out because" So what. If the semen DNA is Dave evans', she'll just change her story AGAIN and say that Dave Evans was the one who forced oral. Then you have "corroberation". Who cares if it may contradict a previous story of hers. Her defenders will still defend her. Notice that both "imho" and "lora" have so far said nothing of the AV's "3 guys grabbed Nikki and separated us as we tried to hold on to each other" statement which is not supported at all by Kim who TRIED and FAILED to corroberate her account. That she tried and FAILED can mean only one thing -- Kim did not witness the event that the AV described. Ergo, the AV lied in her story about a major detail. Of course, "lora" will just spout that Kim really DID see this occur, but that she just ommited it from her statements to police and media. YEAH RIGHT! Instead, they are just focusing on minor stuff, like how Dan can't be trusted because he's "pro-defense" even though he is an honest, objective reporter who has no reason to spin or lie. The information is so damning that that's all they can do really.

    Mike Nifong ain't too bright. Ms. Meadows email requesting an interview with Nifong stated that she had serious questions about the discrepancies between the evidence being presented by the defense and the public statements of Nifong. She explained that she was about to go with a "big" story on these discrepancies that might even make the cover of Newsweek and asks if he might like to provide comment. So what does Mike do? He sends her a mean, condescending response that clearly states his anger at her and other journalist for not just accepting his positions on the case. Ya think she might have just hammered him a little harder after getting that response. What a donkey.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#36)
    by barry on Mon Jun 19, 2006 at 11:04:24 PM EST
    The fingernail DNA means little. Dave Evans lived at the house. Funny that out this brutal assault in three orifices with no condoms, the only DNA link is from the accused player that lived there. I wonder who the other Lacrosse player linked to this contaminated fingernail is (two were linked remember). Another player that LIVED there? A player that could testify that he never had contact with the AV? That would help support contamination from the trashcan, especially when combined with the photo of her dancing without at least two of her righthand fingernails (indicates that she took them off in the bathroom before the dance, not in an attack). But let's talk about the real story here. That Kim helped push the AV into the house with the help of another Lacrosse player while she kept yelling "no". How is Lora going to turn this into a "non-inconsistent" statement? Did Kim just omit that part too?

    Barry, But, Nifong is taking this to trial where he will sort it all out before the good people of Durham. Who cares if the case should have never been brought under any reasonable standard. Let it can go to the jury so they can figure out the truth. Under Nifong's logic, and some of the TH's like Goslee, it's ok to charge innocent people on the slightest of evidence and take it to the jury. I wonder if they would be singing a different tune if these were black boys being accused by a white girl. Probably so. The reality here is that a proper police department should have been investigating whether a false complaint had been filed from the get go. Any competent law officer would have known that he or she was being had. Himan is to blame here as well. Either he is just grossly incompetent or a coward. He knows this whole case is a crock but he has participated in it. Same with the other investigating officer. I and everyone else here keeps bashing Nifong and, indeed, he deserves all the criticism that has been leveled and then some, but the Durham PD cannot be let off the hook. No way. All parties to a lynching must be called to account.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#38)
    by january on Tue Jun 20, 2006 at 12:05:14 AM EST
    Hey, IMHO, setting aside whatever problems I have with your comments, I really am glad your cat came back. Best wishes for the patient's speedy recovery.

    Saw this on another message board. Notable because the poster claims to be a Duke nurse. The info provided directly contradicts what some others have said here. You can guess who. But mostly, it contradicts Blakely who was banned for her rancor, and that's putting it mildly. Here's the post:
    As a Duke nurse, we also have to do anual HIPPA inservices. If a nurse is approached by a lawyer, le, or anyone wanting info about a patient, they are referred to someone in management and then to the legal department. now, if Himan was in the ED, and overheard part of a conversation amongst co-workers, and he took what he heard and embellished it to fit the ccase that nifong wanted, then who is at fault? If the nurse actually talked to him...not only she, but Duke can get fined. But, as I posted on another thread, no nurse is going to call a rape exam a test...not happening anywhere...JMO
    and the follow up:
    The HIPAA laws apply to anyone that is not designated, or implied (in the case the patient is unconscious, ie..family), LE have to obtain a subpoena to obtain records. Acxcording to HIPAA, I am not allowed to look on the electronic records at my kids tests. Now, that is not to say that an ED doc will not tell a cop, what injuries a trauma victim had, but in generalized term..."looks like the bullet hit his kidney", "had a massive head bleed when he was ejected", but no specifics, over the phone, by a nurse...no way


    So, I ask again, what "medical records" did Himan have on March 23 when he made his affidavit in support of probable cause to issue the identification order. If Judge Stephens is any kind of judge he will order a probable cause hearing on the identification order when he takes up the so-called "second setting" on Thursday. Then Nifong will be forced to present his case on why there was probable cause to issue the ID order at the time the request was made. There are enough issues raised as to the truthfulness of the statements in that Himan affidavit that a hearing on probable cause is the only fair way to proceed. And, it will be a real bombshell if it turns out, as I suspect, that Himan had no medical records on March 23. Case dismissed. At least if I was judge.

    grammar correction, "if I *were* judge."

    Kallidoggie asked
    Lastly, what underlies Wendy's (and others on this blog) position is that they want a rape to have occurred!! regardless of the blatant inconsistencies.
    I don't know but I am reminded of Alan Dershowitz's crack that to some people rape is crime so terrible that not even innocence is a defense.

    Why did Nifong put "journalists" in quotes? From a MSNBC segment today: MSNBC "JOURNALIST": She told police she was attacked separately from the alleged raped saying quote:
    "Matt grabbed me and looked at me. He said, 'Sweetheart, you can't leave.' He grabbed the back of my neck...They started kicking me in my behind and my back."
    MSNBC "JOURNALIST": BUT in a doctor's report the doctor the doctors says quote:
    "27-year-old female alleged sexual assault...denied other physical assault...NO EVIDENCE of other physical assault.
    MSNBC "JOURNALIST": So Susan, the doctor says the accuser DENIES being sexually assaulted. She says there was...ah.. that it did happen earlier. If she can't keep THAT part straight, what does that do to her alleging a rape occurred? [WTF? "the doctor says the accuser DENIES being sexually assaulted?" OK, the "journalist" misspoke," Susan Filan, her "journalistic" colleague will correct her....OOPS! NOPE:] SUSAN FILAN: It's trouble. It's trouble. The TWO things you look for as a prosecutor in a rape case are consistency and corroboration. Her accounts are so wildly inconsistent. What she tells police is so different from what she tell the doctor and from what the doctor sees with his own eyes does not corroborate what she told police, so you lack consistency you lack corroboration it really calls into question her credibility. Sometimes in a rape case it is so traumatic there is memory loss you can't expect perfect memory you can for give a lot of discrepancies but this doesn't seem to fall into that natural category. This seems like a farfetched tale that DOESN'T add up. _________________________ So it turns out the "journalist" couldn't seem to "keep that part straight" herself and she wasn't in an emergency room after just having allegedly been raped - he's sitting in a TV studio referring to notes. Her colleague didn't set her "straight," but instead, Filan goes on to give commentary the fits the misstatement even better than the actual facts - as far as we know, the accuser did not deny she was sexually assaulted when talking to anyone other than Sgt. Shelton. If Nifong meant the quotations to be a slap in the face, I'd say they've earned it.

    There has been some talk on this board about prison terms for false accusers in general and the AV in this case in particular. I would like to point out that there are some good reasons prosecutions for false accusations are rare. First such a prosecution has to prove beyond a reasonable doubt not only that the accusation is false but that the accuser knew it was false and was not mistaken or hallucinating. This will usually be difficult without a recantation. However prosecuting on the basis of recantations would have the very bad effect of discouraging recantations. A false accusation of rape (unlike rape) has the property that an accuser can often undo much of the damage by recanting. I think this should be encouraged by treating leniently false accusers who recant. In the present case prosecuting the AV for a false accusation would be almost impossible without a recantation. How could Nifong argue in such a prosecution that there is no reasonable doubt that the AV is lying after prosecuting three people based on her story? And even at this late date a recantation by the AV would undo a lot of the damage she has done and should entitle her to some leniency for that reason particularly since, even absent prosecution, she would suffer serious repercussions by recanting since most of her supporters would turn on her for making them look like fools.

    Newsweek; 6/19/2006; Meadows, Susannah
    The police summary of the statement Kim Roberts, the second dancer, made is especially damning. Roberts said the idea that the woman was assaulted was a "crock." She went on to say that the accuser, who used the stage name Precious, was out of Roberts's sight for less than five minutes. Roberts later told NEWSWEEK she believed a rape could have happened. In the meantime, Nifong, who declined a request for comment, had approved a motion to eliminate Roberts's bond payments stemming from a prior conviction.
    Ms. Meadows is referring to Hinman's report made from the inital phone conversation with Ms. Pittman. She neglects to mention Hinman's report on Ms.Pittman's second statement which has them separated long enough for Kim to go to her car, change hr clothes, have the "boys" come out and tell her the accuser is passed out [the last time Ms. Pittman saw her she was irate and had been yelling at the players to leave them alone]. The boys ask for her assistance in getting the accuser out of there and a "few minutes" later the "boys" help the accuser to the car. Ms. Meadows also neglects to mention Ms. Pittman's handwritten police statement where she describes being separated from the accuser twice. Ms. Meadows, in an earlier article, had reported that Ekstrand said the accuser went back inside to get her purse. In the same article she also reported: "She [the accuser] was never alone in the house for more than about 10 minutes, according to their timeline." Why did Nifong put "journalist" in quotes?

    january posted:
    Hey, IMHO, setting aside whatever problems I have with your comments, I really am glad your cat came back. Best wishes for the patient's speedy recovery.
    Thank you, january. It's 3:00 am here and the patient is trying to get outside to go "get a piece of" whatever nocturnal creature literally got a piece of his neck. That cat is "not known for backing down." Maybe I should rename him.

    Now that there is potentially a republican challenger on the ballot it's not at all certain that Nifong will have to make the decision on whether or not to prosecute the FA. A new DA wouldn't be wedded to the case (quite the opposite I would think). As for proving beyond a reasonable doubt I think there'd be a good chance you could prove it. It's not like some date rape case where it's he said/she said. Proving a violent gang rape did not in fact occur wouldn't be that difficult given the evidence at hand. Of course let's not kid ourselves a lot would depend on who's on the jury. Her best bet might be to recant before the election and if it ever went to trial claim she was suffering from some sort of mental illness. As for not prosecuting people who recant they should get a reduced sentence and that's it especially when they let it go on as long as the FA has in this case.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#48)
    by cpinva on Tue Jun 20, 2006 at 05:12:56 AM EST
    "a rape could have happened." the man in the moon could have landed in my back yard. absent any actual evidence to support either of the these possibilities, they presumptively did not occur. mr. nifong stated that he provided, in his prior news conferences, all the information available at the time. demonstrably not a true statement. as has been noted before, he referrenced the results of a medical report not yet in existence. i found his whole e-mail pretty pathetic. in effect, it says "you guys made me look bad, by actually reporting the incredibly stupid public statements i made, when this case first broke." let's get real here, if mr. nifong had concrete, no questions about it evidence, to support the allegations, he would be bound by the rules of discovery to have disclosed that to the defense team. while it's true that the defense team might not blare that in public, it would have been leaked, by someone, to the press. and yet, nothing. all of this other stuff is meaningless drivel. they found DNA in a bathroom, shared by many people. so what? this came as a shock to someone? the real shock would have been if they'd found none at all. too many inconsistencies, from both the AV and ms. roberts/pittman. ms. roberts/pittman contacting an agent, to see how she could "spin this to her advantage". ms. roberts/pittman cutting a deal with the DA, on another charge, in return, or so it appears, for her cooperation in this case. and on, and on, and on, etc. then we have IMHO and lora, spinning wildly, speculation upon speculation, as it becomes more obvious to anyone with half a brain, that this case is going down the tubes, fast and furious. "never let the facts get in the way of a good story." attributed to william randolph hearst. should it turn out that the AV has, in fact, created this whole scenario out of whole cloth, what to do? her recantation cannot undo the damage done, no matter how heartfelt it may be. that train left the station, and it can't be recalled. an entire institution has been smeared. the entire team has had its reputation destroyed. three individual's lives have been turned upside down, their reputations not even a shell of their former selves. one (evans) has had a job offer withdrawn, adding that fiscal cost to the costs of his defense. slap her on the wrist and say "there, there, it's ok, we understand."? geez, i don't think so. what measure of justice would that be?

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#49)
    by weezie on Tue Jun 20, 2006 at 05:26:39 AM EST
    Bingo, banco. FA has let this go on far too long. Surely her attorney (if Jesse has kept up the representation fees) realizes that she needs an out.

    IMHO is now ripping reporters by selectively lifting lines from the AV's statement. Not quoting the stuff about Kim assisting in the rape though. If the reporters should be in quotes, so should the AV, and Nifong for that matter.

    I bet that hiring strippers is no longer the rage around fraternities. So the people at Bunny Hole Productions can't be all that happy with the AV either.

    IMHO's statement showing the consistency in the AV's various statements: as far as we know, the accuser did not deny she was sexually assaulted when talking to anyone other than Sgt. Shelton.

    James, I pretty much agree with your statement from 10:15pm that Nifong wants to take this all the way. Serves his purposes. I just wonder if a judge would let the travesty continue past a point. Any judge who reviews the statements, looks at the defense motions about the photo identification, the lack of DNA, would have to reasonably look at this and toss it out. That's before we even get to players' alibis. The fact alone that the AV accused Kim of helping in the rape should be enough for an reasonable weigher of evidence to toss this baby out. As for the NAACP, I would hope that whoever is monitoring this case would now be making plans to backpeddle away from the AV. My guess is that there won't be any more public statements from them until the case dies. When that happens, they just say, "We, like many people, were convinced by the strong statements made by the DA that a crime had been committed. We respect the judge's decision is weighing the evidence prior to his dismissal."

    As far as suing Nifong or having the AV be brought up on charges, I've heard enough to convince me that neither will happen. I won't say that karma will play out either. There are a lot of people who do bad things that continue to do them. But I doubt that Nifong is going to have smooth sailing from here on out, and anything he does is going to be questioned, as it should be. If you were a judge and Nifong came in front of you with a case, would you give him the same deference a DA would normally get after what he's pulled here? Far worse will be the AV's fate. No one will believe her about anything (except maybe lora and imho). I don't expect Bunny Hole will want her back. Once you get drummed out of the escort business, your employment possibilities are going to be pretty bleak. Plus, the AV clearly has some kind of mental condition going on. I don't see a rainbow here either. Nifong may win his election. He won't win this case, and Precious will see precious little from this. Roberts will be lucky to escape doing time for the embezzlement after her fifteen minutes runs out. It won't be happy times in Durham after the circus leaves town.

    Bob. I think you're optimistic. AV's supporters will never admit they've been had. That's because they'll never believe it. They will forever be muttering about privilege and institutional racism and coverup.

    cpinva posted:
    mr. nifong stated that he provided, in his prior news conferences, all the information available at the time. demonstrably not a true statement. as has been noted before, he referrenced the results of a medical report not yet in existence.
    We don't know that. In the discovery, there may be photographs of the patient that show injuries or signs consistent with sexual assault. Dan hasn't mentioned if there are any photographs included in the medical reports. cpinva posted:
    i found his whole e-mail pretty pathetic. in effect, it says "you guys made me look bad, by actually reporting the incredibly stupid public statements i made, when this case first broke."
    You "journalists" made yourselves look stupid by not questioning the defense spin and good luck with the ethics violations, chumps. cpinva posted:
    let's get real here, if mr. nifong had concrete, no questions about it evidence, to support the allegations, he would be bound by the rules of discovery to have disclosed that to the defense team. while it's true that the defense team might not blare that in public, it would have been leaked, by someone, to the press. and yet, nothing.
    Leaked by whom? Dan Abrams? cpinva posted:
    all of this other stuff is meaningless drivel. they found DNA in a bathroom, shared by many people. so what? this came as a shock to someone? the real shock would have been if they'd found none at all.
    The real shock is in a bathroom shared by the three residents and a whole mess of guys a few nights earlier the only DNA they found was 1.)on a towel, 2.)on the floor and 3.)on the fingernail. The nail DNA is a partial match to Evans and of the remaining two, one or the other is from semen. Either one could be a match for Evans. cpinva posted:
    too many inconsistencies, from both the AV and ms. roberts/pittman. ms. roberts/pittman contacting an agent, to see how she could "spin this to her advantage". ms. roberts/pittman cutting a deal with the DA, on another charge, in return, or so it appears, for her cooperation in this case. and on, and on, and on, etc.
    You can be sure a jury will know all of that when THEY make a determination about their credibility. cpinva posted:
    Then we have IMHO and lora, spinning wildly, speculation upon speculation, as it becomes more obvious to anyone with half a brain, that this case is going down the tubes, fast and furious.
    Curious move on the part of the defense to step up Abrams' role when things are going so well for them. Hmmm? Why be accused of spinning, when they can release all the facts? [with the exception of the medical report?] Both Hannity and Galanter (neither of whom has actually seen it) have said there is not one bit of evidence that favors the prosecution in the whole discovery file. Redact the names and other personal information and put it up on the internet. Nifong will be thrown out of office when all of Durham County can see the truth for themelves. cpinva posted:
    should it turn out that the AV has, in fact, created this whole scenario out of whole cloth, what to do? her recantation cannot undo the damage done, no matter how heartfelt it may be. that train left the station, and it can't be recalled.
    Innocent people have been incarcerated for very long periods. These players will be getting off relatively easy if she recants before that happens. It's the price of our justice system and the choices one is afforded. They chose a legal strategy, and if they are innocent, so far, it hasn't worked out for them. If they are guilty, it probably will. cpinva posted:
    an entire institution has been smeared. the entire team has had its reputation destroyed. three individual's lives have been turned upside down, their reputations not even a shell of their former selves. one (evans) has had a job offer withdrawn, adding that fiscal cost to the costs of his defense.
    What part did the players, have in affording this one woman the opportunity to smear Duke University, destroy the reputation of the entire Duke lacrosse team, turn three players' lives upside down, their reputations reduced to a shell of their former reputations, get Evans canned, and cost their parents a lot of money? There should be a law against door to door strippers catching a bunch of drunk "boys" unaware. If only they'd been Avon Ladies, instead. cpinva posted:
    slap her on the wrist and say "there, there, it's ok, we understand."? geez, i don't think so. what measure of justice would that be?
    If this is all a big fat lie and she is caught, she may do what she did last time she got caught. - own up to it.

    Huh????????????????????? Let me get this straight. The Duke lacrosse players are getting off easy because other innocent people have spent decades in prison for crimes they didn't commit? The underlying premise would seem to be that there isn't a problem with innocent people being charged, tried, and sent to jail. AT SOME POINT it'll all get straightened out, then? Huh?????????????????????

    Richard, I may be optimistic, but I'd hope that cooler heads will prevail, at least with groups like the NAACP, which have a history of striving for equality of all Americans. They would fail to do so at the peril of their organization. They've got to realize that their dog in this fight is truth and justice, not the lying stripper. Institutional racism does exist, and in a society with such a class division based on money and those social identifiers such as skin color, privilege is a reality only a fool would deny. But this case is not about society in general. It's about a stripper who got too high, as has been her habit, and made up a story in order to avoid being put in the lock up. And it's about a DA willing to buy the b*llsh*t in order to get reelected. If the NAACP wants justice for people of color, they should realize that the same false accusations used by DAs for political purposes are more likely to be used against the poor and oppressed than the rich. This should be the exception that proves the rule.

    Oh, wait. I'm starting to understand. A sound legal strategy is proof positive of guilt. I'll have to mull that one over.

    More from the "journalists": Hannity & Colmes June 9, 2006
    KENDALL: And now it looks like he knew this from the beginning. And on your point about her having the sex with other people before the night in question, it's really no longer open to speculation, unless you disbelieve the witness testimony. This is the statement from the driver who took her to the party. He says it, black and white -- I've got it right here -- that the two of them had sex.
    HANNITY: And I've read it. And he's saying that. So that raises the injury issue. The girl herself was on the record as saying multiple times, multiple different versions of the case, and the girl that was with her says, "No, this couldn't have happened. I was with her for all but five minutes." She had claimed a 30-minute rape had taken place here, and she also had claimed that she was in the bathroom at the time and the other girl said, "That's a crock." So the question is, Kimberly...
    GUILFOYLE: Yes, she's accusing her of being accomplice in the sexual assault and saying, "She took my money. She was in the bathroom during the rape." So this is her witness that she's supposed to bring forward to corroborate her story, in some fashion. She's got credibility issues then.
    Anybody still believe what these clowns "report?" Has Abrams cleared up that claim that Kim assisted the rape from inside the bathroom?

    Richard, my last statement does not include the New Black Panther Party. Those guys are just about stirring it up. They gain a foothold when people get angry and stupid and afraid. They are a mirror image of groups like the KKK. Neither should be confused with seeking anything like justice.

    Madison posted:
    Huh????????????????????? Let me get this straight. The Duke lacrosse players are getting off easy because other innocent people have spent decades in prison for crimes they didn't commit? The underlying premise would seem to be that there isn't a problem with innocent people being charged, tried, and sent to jail. AT SOME POINT it'll all get straightened out, then? Huh?????????????????????
    This is how our justice system works. People are wrongly accused. When you are wrongly accused you have choices. They've made theirs. Let's see how it works out for them.

    IMHO comments on the AV's relationship with truth: If this is all a big fat lie and she is caught, she may do what she did last time she got caught. - own up to it. There's a bit of a difference here. The "last time she got caught" she was pulled by police out of a stolen car after leading them on a drunken, dangerous chase. Upon sobering up, it was kind of hard to deny the essentials of the case. This time the farce has already gone on for months, with plenty of press coverage, plenty of costs accrued by all parties. It would be kind of hard to just say, "Sorry, I made it up." Maybe IMHO would give her brownie points for "honesty," but I doubt that many others would. And right now she and Nifong are in this joint venture together. She can't bail out without causing immediate damage to the one guy she needs on her side. If Nifong is going to pursue old charges against a taxicab driver and some kids who p*ed in public, I'm sure that the AV realizes that the power of the DA's office could be used against her.

    Okay, I see. Let me try this on for size. This is how our justice system works: 1. People are wrongly accused. 2. The responsibility for how the situation turns out depends solely upon the choices of those accused; all others are to be held blameless. So, enduring a false accusation of a vicious, heinous crime that turns one's stomach and stains one's character is just the price, and a reasonable one at that, for living in America. Everyone, please forgive me. I never learned that in school. Doh!

    Madison, it's a pretty sorry view of justice. I had said earlier that maybe if a certain AV booster had been falsely charged with a crime she might have a better understanding. She responded that she in fact had been falsely accused and had suffered greatly. That suggests to me that she is lacking the ability to sympathize and empathize. She seems unable to translate the pain she felt with what the falsely accused and their families are now suffering and cannot recognize the evilness of false prosecutions when it doesn't involve her.

    Newport posted:
    So what does Mike do? He sends her a mean, condescending response that clearly states his anger at her and other journalist for not just accepting his positions on the case.
    He did not say that. Here is what he did say:
    Once specific defendants were indentified, I considered myself to be ethically bound to avoid any futher comments on the case or the evidence. That has left the field pretty much open to the defense attorneys. That part I understand, and have no choice to live with. What has surprised me is the utter lack of any degree of skepticism on the part of the national media with respect to the claims of the defense attorneys, many of which are misleading and some of which are absolutely false.


    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#67)
    by Jo on Tue Jun 20, 2006 at 08:12:00 AM EST
    What part did the players, have in affording this one woman the opportunity to smear Duke University...
    Do I understand this correctly? If the players are innocent of rape, then their current situation is their own fault because they put themselves in the situation to allow this to happen. That seems to me the same as saying, "Hey, if a lass is wearing a short skirt and shaking her bits, she deserves what she gets when she's dragged into an alley".

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#68)
    by wumhenry on Tue Jun 20, 2006 at 08:19:32 AM EST
    IMHO wrote:
    Did the defense share the 1300 pages of discovery with anyone other than Dan Abrams?
    I don't know, but the female TH on Tucker's show last night (Susan Filan?) said that Abrams showed it to her. She said it was very bad for the prosecution, particularly the medical reports and the AV's written statement.

    Madison posted:
    1. People are wrongly accused.
    Doh! Madison posted:
    2. The responsibility for how the situation turns out depends solely upon the choices of those accused; all others are to be held blameless.
    Who said that? Madison posted:
    So, enduring a false accusation of a vicious, heinous crime that turns one's stomach and stains one's character is just the price, and a reasonable one at that, for living in America.
    It's freedom of speech versus freedom from self-incrimination and the freedom to choose.
    Those who give up essential liberties for temporary safety deserve neither liberty nor safety. ~Benjamin Franklin
    Madison posted:
    Everyone, please forgive me. I never learned that in school. Doh!
    Learning is a lifelong experience.

    Bob in Pacifica wrote:
    had said earlier that maybe if a certain AV booster had been falsely charged with a crime she might have a better understanding. She responded that she in fact had been falsely accused and had suffered greatly.
    I missed that exchange. Thank you for bringing it up, as it sheds some light on comments that seem truly alien to me.

    Does anyone know when the newly-elected District Attorney for Durham will take control of existing cases--what date? This should be an easy win for a Republican. Not especially-well qualified? Like it matters. They have money and aren't afraid to sully the process (honestly, we're already to that point). They have motivation, numbers, oh, and did I mention a whole lot of people are angry? We'll see by the end of the month who's going to make the ballot. Like it matters. Most of them can "write in" a name just fine.

    wumhenry posted:
    I don't know, but the female TH on Tucker's show last night (Susan Filan?) said that Abrams showed it to her. She said it was very bad for the prosecution, particularly the medical reports and the AV's written statement.
    Here's what Newport posted:
    MSNBC did not get the documents from what I could tell. Abrams went down to Durham and went through them in a conference room, I suppose, taking copious notes. He referred to his notebook during the TV program. I doubt the defense lawyers would ever release the whole discovery file to the public, especially since the medical report is arguably protected by federal privacy rights.
    If he is correct, (and I don't doubt him), Susan Filan must have seen Abrams' notes or copies of some of the documents if they let him have copies. I saw her on TV yesterday say,"I haven't read it." Does anyone think the defense should have picked a more impartial journalist than Abrams to be their conduit? They are doing this for the sake of credibility. If you are going to do something, do it right. I think Norm Early would have been a good choice. I would trust him to be impartial. I don't doubt the accuser's statements are going to be a problem for the prosecution, but let us see all of what she said, not just what Dan Abrams wants us to see.

    Madison posted:
    Does anyone know when the newly-elected District Attorney for Durham will take control of existing cases--what date?
    Election Day. ;)

    inmyhumbleopinion wrote: a whole lotta stuff IMHO, I am honestly sorry. Please take care of yourself. I hope your kitty does well.

    Madison posted:
    Does anyone know when the newly-elected District Attorney for Durham will take control of existing cases--what date?
    Nifong's appointed term ends in January.

    Thanks, Madison. He looks pretty ragged, but will be OK.

    Madison posted:
    I missed that exchange. Thank you for bringing it up, as it sheds some light on comments that seem truly alien to me.
    He's not talking about me.

    Imho posted,
    Does anyone think the defense should have picked a more impartial journalist than Abrams to be their conduit?
    imho, I would be really surprised if anyone but you and lora did, to be honest. Abrams is the most honest purveyer of facts I have seen on this case, and now Filan is on board after Abrams did what she asked, viz, go down to Durham and read every word of the original documents she was concerned about.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#79)
    by wumhenry on Tue Jun 20, 2006 at 09:38:47 AM EST
    Does anyone think the defense should have picked a more impartial journalist than Abrams to be their conduit? They are doing this for the sake of credibility. If you are going to do something, do it right.
    Evidently the defense has nothing to fear from full public disclosure; they petitioned the judge to release it to the public. You got any problem with that?

    imho, from what I can tell, Abrams is also the smartest TH to comment on this case, and the one TH most possessed of the facts. I really don't think there is much competition.

    wumhenry posted:
    Evidently the defense has nothing to fear from full public disclosure; they petitioned the judge to release it to the public. You got any problem with that?
    Dan Abrams is the public.

    The accuser is still missing. What do you suppose she's doing for money?

    I know the discernable brain wave patterns of Goslee, Weil and Grace, combined would not equal Dan's. imho

    Hey imho, what has been going on with Micky? It looks like he hasn't missed many barbeque platters at the Corky's all-you-can-eat buffet joint. He really should buy a bigger belt, or at least get another notch cut in it so he can eaze his belly out a bit. Look's like he's going to bust a gut as he hops around Durham bringing destruction and dismay.

    Supposedly, NAACP and Jesse Jackson are keeping her fed. BIP, I really don't think Bunny Hole is anything more than Johnson or Taylor, or perhaps both combined. It's not like it is some big organization with a corporate suite overlooking downtown Durham.

    Newport, (snicker) When someone doesn't know when to stop, it is reflected in all aspects of his life. Unsolicited advice: Just push away from the table fifteen minutes earlier and take a walk for that time.

    I'm cracking up now. Thanks, Madison.

    Props to you, Newport.

    Re: Nifong Responds to Newsweek in Duke Lacrosse C (none / 0) (#89)
    by january on Tue Jun 20, 2006 at 10:07:05 AM EST
    From IMHO
    They chose a legal strategy, and if they are innocent, so far, it hasn't worked out for them. If they are guilty, it probably will.
    If they are innocent, as se