Duke LaCrosse Team Rape Case Update

It is looking more and more like there was no rape. And the infamous e mail may have more to do with the movie American Psycho, than any crime. It's always difficult to take a position against an alleged victim, let alone an alleged victim of rape. But more and more of the details coming out only raise more questions.

The time line, the 911 call and, yes, unfortunately, some of the past behavior of the young woman. It's going to be interesting to see how this one turns out. Some will conclude that power and money will dictate the story. But I would disagree. There will be enough people looking into it to get to the truth. And America won't simply accept some miscarriage of justice because it involves some upper-middle class kids from Duke.

Unfortunately, some standing behind the woman likely won't belief that, no matter what is revealed.

NEW YORK, April 9 /PRNewswire/ -- As the case of several Duke University lacrosse team members accused of rape drags on, the players' camp has an obvious interest in courting public opinion, report Senior Writer Susannah Meadows and Assistant Managing Editor Evan Thomas in the April 17 issue of Newsweek (on newsstands Monday, April 10). The latest example: an individual on the defense team claims to have photographic evidence he believes will help the team's case-by showing that the woman was already cut and bruised when she arrived at the party.

Also be sure and see here for more

Comments

[hobo]

Bottom line here, kiddos, remember the Tawana Bradley case? The Most Very Right, High and Esteemed Reverend Al Sharpton weighed in on that one and really did a number on the accused which resulted in great devastation to their reputations. The woman later revealed that the accusations were bolstered by her mentors and untrue at the most. I'm not going to draw any conclusions on this case, but nonetheless have doubts concerning what has been alleged.

[splashtc]

Seems the crime more and more these days is in being white.

[nova]

This is like Hugh Grant picks up black hooker and ends up tabloid fodder. This was most likely an argument over money for the dance which they felt was too short and they didnt get their money's worth. Then it escalates into name calling and that is all it was. False reports are made and a big to do and hoopla over the black white angle. Course it may turn out different but it smells fishy at the moment.

[hobo]

My imagination is going a little wild here, but while I look forward to the DNA results hopefully being negative and the DA embarrassed that he said he was sure there was a rape (even though he was out of town), there are photos from two different cameras which show the alleged victim was bruised up and had skin scrapes from before she attended the party. I think she got banged before she went to the party and when she saw her customers, dollar signs went up. I just read a statement from a former coed from Duke that said there were hundreds of black on white rapes that never got in the news to protect the University's image. I know the Lacrosse team had a cloud hanging over it before this happened; I just pray this condition is not true.

[Wrangler]

This allegation is rotting from the head downward, Nifong being the head. I am 99% convinced this just didn't happen.

If it turns out she is lying, and it's provable, she should face a prison sentence and a huge restitution obligation payable to HER victims for the expense of having to hire lawyers.

This is what happens to white people these days. I would not be surprised if we end up in a race war in this country. Black Americans need to get a grip on themselves and quit listening to self-identified "leaders" such as Jesse Jackasson and Al Dombton.

[SilverLining]

wrangler - well thanks for your contribution to the "race war". pathetic.

coming from someone who was promiscuious as a teen, and who was raped at 19, i am absolutely disgusted at the attitudes out here. did i make a bad judgement call by going to a party where i knew no one at 3am? absolutely. does that mean that i deserved to be sexually assaulted? nope. and because i had more than my fair share of sexual partners previous to being raped, does that mean the assault didn't happen? are you freakin kidding me?

i'm not saying that this woman (yes ppl, she is a human being) isn't lying. what i am saying is that her history should not play a factor. and to say, "and, yes, unfortunately, some of the past behavior of the young woman" is a cop out, a dispicable contribution to predjudice, and makes me nauseous.

get your heads outta your asses ppl. hopefully, the conservative government in canada won't turn us canucks into racist, pompous, holier than thou dingbats like a lot of americans. i sincerely hope that the views expressed on this blog and on the news aren't the views of the majority of americans. if so, i'm saddened that the majority of americans could be so ignorant and assinine.

[xxx]

I can say that I don't NOT believe her because she's a stripper or has a record, but I don't believe her because her story right now doesn't add up.

Any time anyone rapes a stripper or a prostitute they are going to say the sex was consensual and the argument was over money. But that is not what these boys are saying, they are denying any sex at all.

With the revelations...I notice not picked up by many media outlets...that there is photo evidence that the bruises this girl had which probably is what convinced the DA and the nurse that she had been raped were on her when she walked in the door....it looks more and more like it is a false accusation.

If it can be proven that the 'other' 911 call was from the other stripper, then forget it, case over, game over and its time to apologize to these guys for calling them not only gang rapists protecting their own, but racists as well.

I guarantee you if it had been a white stripper alleging rape by black players the story would have been all about how black players couldn't get a fair trial in the South and how the stripper probably lied about it because of her cracker, racist boyfriend/husband or father.

This case really has nothing to do about sexual violence or even violence by privileged athletes...which happens all the time...it is all about race....

And when this young woman is exposed for lying you can bet the media is going to expend a lot less energy thrashing around than they did in the multitude of stories about Duke, white privilege and racism.

Like I said on the other thread, I tend to believe 99% of rape victims, but this case doesn't add up. Geeze, the defense hasnt'even bothered to asssassinate her characater or drag up her past, it is the defense not the prosecution that is relying on physical evidence...no DNA, photo evidence of bruises and intoxication, emails, etc.

The guys may be racist assholes but it looks like they are not rapists.

[iquitos]

what did they do take pictures of her genital and anal area to document the preexisting bruises and lacerations? and they broke off her nails in the process? it will be hard to get past the forensic evidence of rape.

[xxx]

There isn't any forensic evidence.

The bruises she had on her legs and knees she had BEFORE she got to the party, if she had already been falling down from being intoxciated then her nails getting broken off isn't much evidence unless there is someone's DNA under them. If there isn't any of the player's DNA found on her or in the bathroom to indicate sexual activity, then you don't have much of a case. No ID. No DNA. No admission of any sex from the players. No injuries.

Maybe someone else raped her before she got there, but it doens't look like these guys raped her...

[anniekwa]

Has anyone considered that the camera timestamp may be off? What if it was set for a different time zone? Timestamps on cameras are not full-proof either. While some of the evidence is shaky, I am still willing to wait this one out to see how it will play. I haven't made a "conclusion" on what I believe about this woman's allegations just yet and am willing to give her the benefit of the doubt still until we hear about the DNA evidence. But I will agree that the evidence is rather shaky and things don't seem to be fitting together real cleanly at the moment. Time will tell.

[xxx]

Its possible I guess but it seems unlikely that a bunch of drunk jocks manipulated the time stamp by an hour, it would also seem that it would be pretty clear by the woman's demeanor if we were witnessing her arrival to dance or seeing her after a rape occured, but I guess it depends on how many photos they have and if they had photos of her arriving and leaving as shown by how much time elapsed.

I find it pretty unlikely given that the lawyers have said repeatedly that DNA is going to exonerate these guys that they are going to find any DNA from the players on the woman. If they do, then it would change my mind about the case back to guilty.

[AmishHitman]

Plain and simple - a major Bonehead move...

No matter what, these guys (rape or not) should pay in more ways then one.

And YES – the whole team should suffer and pay. Play as a “team”…live as a team. All-for-one…one for all.

A smear as this reflects more then just the sore eye given to Duke Lax –it blackens the eye of student athlete’s as a whole.

Yet another time where collage athletes loose focus on the real reason of why and what they are attending school for.

Underage drinking – strippers at a party – nice move…NOT! Hey Duke Lacrosse – way-to-go and really represent a great sport – you should be proud.

Way to go...boneheads

[jill]

I'm still not ready to believe the Duke players.

[xxx]

It will be really sad if this turns out to be a false accusation, it feeds the wrong idea that women are lying about rape all the time and should ALWAYS be doubted, and also makes just about everyone look bad, the players will have had their season cancelled and their coach fired for no good reason...since hiring strippers and drinking underage isn't too surprising, the whole town of Durham will have gone through another hand wringing dust up about race relations, when it looks like whatever the truth, race had nothing to do with the whole case, and the young woman, if she is lying, will most likely see her life continue to spiral further out of control, and people will use this as an example of blacks getting preferential treatment by the 'liberal' media since it appears the media and the police pounced on this story before conducting a proper investigation.

[anniekwa]

It will be really sad if this turns out to be a false accusation, it feeds the wrong idea that women are lying about rape all the time and should ALWAYS be doubted, and also makes just about everyone look bad, the players will have had their season cancelled and their coach fired for no good reason...since hiring strippers and drinking underage isn't too surprising, the whole town of Durham will have gone through another hand wringing dust up about race relations, when it looks like whatever the truth, race had nothing to do with the whole case, and the young woman, if she is lying, will most likely see her life continue to spiral further out of control, and people will use this as an example of blacks getting preferential treatment by the 'liberal' media since it appears the media and the police pounced on this story before conducting a proper investigation.

Posted by: xxx | Monday, April 10, 2006 at 12:40 PM

I agree that it would be tragic if this turns out to be a false accusation. However, I do believe this is a case of creating racial tension. It has already increased the tension there. In this case, I am not sure people will use this as an example of "blacks getting preferential treatment". One could turn the coin around and feel that the "rich white boys paid off to get the right results" as well. Bottom line, you could look at this many ways should it turn out to be a false accusation. It would be interesting to have watched what difference this might have made had the media not taken wind of this case.

[anniekwa]

Its possible I guess but it seems unlikely that a bunch of drunk jocks manipulated the time stamp by an hour,

XXX, I wasn't considering manipulating the camera as much as thinking about the fact that the kids come from all over the country and it could be that someone had a camera from the West Coast that may have had a West Coast timestamp configured into the camera instead of an East Coast one. It could be that they hadn't really considered that the camera may be configured for a different time zone. That was my line of thought.

[xxx]

I think you're reaching with the time stamp stuff, but we will see. I just have a bad feeling about this case, that the girl, who knows, might have been beaten up by someone else, I'm sure the players weren't gentlement by any means, she is upset/intoxicated, possibly traumatized from something else, gets in the car to collect herself and when the police were called...because she had previously been jailed for stealing a car while intoxicated...she freaked out, and thinking she was going to get arrested again she made up the story about the rape.

I would say that 99% of times when a woman says she was raped that she was raped, ESPECIALLY in cases with athletes at major schools, especially in cases of gang rape, but in this case, the evidence doesn't seem to add up.

If the photos can be proven to have been taken when she arrived at the house then I really feel she loses her assumption of credibility. Even her father considered the bruises as evidence of a rape, if those bruises were on her before she got to the party then, all things being equal, I would say she lied.

Since the DA came on like gangbusters to beging with I can't see this case being resolved in the 'they covered it up' vein, if the accusation turns out to be false then the DA should be ashamed of himself for saying anything about the case AT ALL before even half of the facts were in. If he had waited a few days before pronouncing that a rape had definitely occured and he was going to charge everyone who could have stoppped it, he might have saved the woman, the team and the community a lot of unnecessary pain.

We still don't know if the accusation is false, but if I was a betting person, I would bet that there isn't going to be any DNA from any of the players that comes back from the lab.

[tester]

Hey, we need to get these guys off and get these charges dropped.

I mean, we're talking about a future president here.

[anniekwa]

XXX, you may be entirely correct. It seems a lot of this will depend on the DNA at this point, especially given the latest post by Dan. It sounds like the timestamps came from several cameras so that would indicate it isn't likely the timezone theory was an issue. It will be really tragic if she made a false accusation in this case. I agree these boys need to "grow up" and quit behaving like neandrathals (sp?), but a false accusation is not the way to force them to realize their poor behavior. Unfortunately, whatever purpose that the woman was trying to accomplish will be lost if it comes out that the DNA doesn't match.

[Synn]

One thing missing in this case from all parties weighing in, and perhaps due to the very horrific nature of the charges leveled, is a sense of perspective for ALL sides.

DA: I doubt he took this case as a political move or as some means of pandering to black voters within his constituency (-1 sp). I am sure as a father he simply saw the woman's bruises and felt sympathetic.

Players: The fact that 47 of them are viewed as possible defendants produces a very real incentive to keep quiet regarding the case. I am sure the lawyers pointed out that making the photos public is an outright vicious thing to do early in the case. Besides, anyone here ever been in college (this is not saying that college is justification for sexual assault)? Parties happen and the boys clearly showed horrific judgment and for that (underage drinking, strippers) desere to have their season cancelled. It is a real slipperly slope to say that these boys who threw a party as a team also are capable of commiting rape as a team and MORE IMPORTANTLY having a legal defense as a team. At least one player would have quietly came forward regarding the matter.

I have always been under the view that rape is a crime not punished properly. That being said, I also think false allegations have never been properly punished either. According to the new timeline (http://www.msnbc.msn.com/id/12335371/site/newsweek/) we can assert that the 30 minute rape ordeal could not have happened before 12:41 (should we believe both sides equally). There is a photo at that time showing her getting in the car. This would mean that the "rape" would have had to occur after she left the party.

Look, I can't stand little rich white punks anymore than most people, but the evidence here favors the boys. Amazing what a solid legal team can do. This case sounds more and more like extortion than anything else. Should it actually go to trial, the most important testimony would be from the second stripper.

__Synn

[blah]

Why is it so unreasonable to take a person's history into account? Every past transgression by Duke players like underage drinking and public intoxication has been dragged out to demonstrate a history of behavior to bolster the claim of rape. As a poster above stated, the woman is human too, therefore her previous record - auto theft, evasion, and apparently attempted assault on a law officer (considerably more felonious charges than underage drinking) should be equally admissible to show CHARACTER. Giving her a clean slate for the purpose of these charges while simultaneously using the players' pasts against them is utterly ridiculous. I can only ask that you put yourself in the position of someone accused of something heinous by a person with a known history of criminal behavior - wouldn't you be upset if any tiny thing you'd ever done was dragged out, your name and address was posted across the internet, and meanwhile your accuser was treated as a lily-white angel with none of his or her previous history ever admissible.

[Person]

Just because people have money dosen't mean that they do not committ serious atrocities. money is a factor here and everyone knows it.... a white girl can have consensual sex with a black man(KOBE) and claim rape and have the whole world rally around her but when a black woman accuses a white man of doing the same everyone bring the fact that she is a stripper into the whole quation. who is to say that she was not assaulted? As a black woman living in the DISGUSTINGLY RACIST south, i have been touched inappropriately by white men before, i have had white men hit on me in the grocery store while their wives were shopping for baby food. i have had college educated men make sexual advances at me while also using racial slurs.. my dear people it can happen and we know it. matter of fact it most likely did happen.... why pretend like we dont believe the victim?? remember KARMA, everyone( and i mean EVERYONE, money or not) pays for their actions if those boys get off then it most likely would come upon their daughters( in ten folds). have souls people and stop judging others.

[Apu]

The evidence has not been presented yet. Anyone who thinks they are 99% sure of anything about this case is just showing their own underwear. I'd be surprised if everyone involved in this wasn't lying. Just pick your favorite lier and root as hard as you can in this Caligulan spectacle. Whatever happened to conservatives?

"but while I look forward to the DNA results hopefully being negative"

Oh, thank god! They WERE negative. Whew. Now we can continue to bitch about how conniving and dishonorable the dark people can be and how oppressed all we poor white knights are by the liberal media. Good job boys! Maybe Duke should switch it's mascot from the Blue Devils to the Trojans remembrance of the honor they have done The White Race.

[Erin]

I was reading the article today 4/20/06 on MSNBC.com entitled "Cabbie Says Passenger Talked about Stripper".

I thought of 2 things while reading this article.

1st, the cab driver says Seligmann's father came to him and asked him to talk. How do we know the father didn't pay the cab driver to make a statement that would exonerate his son? The cab driver himself said he was reluctant to come forward until Seligmann's father visited him. What exactly did the father do (or rather how much money was given) to convince the cab driver to make a statement?. And furthermore, a statement which helped out his son?

2nd, I was drawn to the quote of the cab driver stating:

He said he was confident he remembered the episode correctly, not so much because the passengers paid $25 for an $18 cab ride but “because I wait for them a long time and they make my car smell, that’s the only reason I have that in my mind.”

When exactly was the cab driver "waiting on them for such a long time" ? When he drove to pick them up at the house? I see there are receipts to back the time log of the night, but I just would like a further elaboration of WHEN he was waiting on the boys. Otherwise, it leaves me wondering WHEN he was waiting, and WHAT the boys up to while he was waiting for such a long time.

Erin

[noone]

They got some food to eat on their way to their dorm and Seligmann used the ATM.

[Rev Al Sharpton]

Can you say Tawanna Brawley??

[Common Sense]

My guess is that she showed up too drunk or too stoned to dance. The guys told her to leave and she got upset (the first scuffle). They decided to let her dance for some discount, but then decided not to pay her at all. She then yelled rape.

I think the Kobe Bryant similarities are remarkable. I always figured Kobe called the girls some dirty names and it pissed her off.

Both cases should make us think pretty hard about the way we treat rape cases in US courts. In rape cases there is such a strong presumption against the man, maybe that should be reconsidered.

[cj]

We've all done stupid things in our lives and these boys and the accuser are prime examples of poor judgement in it's full glory. I don't think she was raped simply because there is no way you can get 48 spoiled boys to continue a united front when anyone of them could rat out the others to save their own skin. Racsim in the US is a two way street. Blacks are suspicious of white society and whites are suspicious of black society. The only way to fix this is to talk about it in an open forum with give and take from both sides. If this were purely a socioecnomic question which perhaps it should be rather than one of race we could all be a lot more objective.

[zack]

One side of the story paints a picture of the victim like shes some single mother of two supporting her children and her own education by stripping. I can just see her comming home to her children after a hard nights stripping, hitting the books, and then wakeing up every morning to cook everyone breakfest before school.
The more this case unfolds it looks like shes just a drunk stripper. It looks like the prosecution posted the names of all the players on a huge wheel and gave it a big spin, got three names and went for it. It also seems like two of the players wern't even there at the time of the "rape"
She's just lying, it that simple. .

[zack]

One side of the story paints a picture of the victim like shes some single mother of two supporting her children and her own education by stripping. I can just see her comming home to her children after a hard nights stripping, hitting the books, and then wakeing up every morning to cook everyone breakfest before school.
The more this case unfolds it looks like shes just a drunk stripper. It looks like the prosecution posted the names of all the players on a huge wheel and gave it a big spin, got three names and went for it. It also seems like two of the players wern't even there at the time of the "rape"
She's just lying, it that simple. .

[Freemymind2day]

I think you're all way off base. If I was beaten and raped viciously, 15 minutes might seem like an hour. It's not like you'd wear a stop watch! Also, we have to wait for the Toxicology to come out. If she was drugged, that could distort her perception of time.
Many people, Bissey the neighbor, very reliable, the second stripper, less reliable, say she didn't arrived intoxicated.
Also, there are numerous DNA samples under the fingernails, it's getting re-tested. The problem with multiple DNA samples is. They can corrupt each other.
Also Finnerty's in a world of hurt. He's about to have a prior conviction, Gay bashing, going to trial. And unlike Seligman, his alibi hasn't been provided or weakly provided.
Seligman was mis-identified. Finnerty's in big trouble. Try to seperate the attorneys from the truth. The reason there arguing so hard that she was beat up coming in is... The hospital reports must be horrific!

[Freemymind2day]

Read a news article.

http://www.time.com/time/nation/article/0,8599,1187945,00.html

The 12:41 timeline photo is a fake. It shows victim getting into the wrong color car! Destroys the whole defense photo timeline!

[Betty Friedman]

She's lying. I totally agree, and the facts seem to support that she's lying,

Blind to evidence

On Monday, May 15, a Durham County grand jury handed up a third indictment in the nothing-short-of-notorious Duke rape case. This latest indictment charges the lacrosse team's captain, David Evans, with first-degree rape, first-degree sexual assault, and first-degree kidnapping.

The charges against Evans are identical to those handed up last month against fellow players Reade Seligmann and Collin Finnerty. Still, this final indictment does come as a bit of surprise. As I detailed in a prior column, the cases against Seligmann and Finnerty appear quite weak. As I'll discuss in this column, the case against Evans may be even shakier. It's true that the grand jury did return indictments against Evans, and previously against the other two. It's also true that the District Attorney, Mike Nifong, is forging ahead -- seemingly undeterred.

But Nifong's judgment has been poor all along- and the old adage that a D.A. can get a grand jury to "indict a ham sandwich" shouldn't be forgotten. Without defense attorneys there to test the prosecutor's evidence via the invaluable process of cross-examination, weak evidence can be made to look pretty convincing. It's not the grand jury's fault; it's just the reality that if you only hear one side, you tend to believe it.

At least a ham sandwich has some weight to it. As I'll explain in this column, the Evans indictment - like the two that preceded it - does not. The very evidence that may have convinced the grand jury - accuser identification and new DNA evidence - is just the kind that will ultimately fall apart when defense attorneys finally do get to cross-examine the witnesses presenting it.

The Mounting Evidence in Favor of Defendants' Innocence

All three defendants in the Duke lacrosse case have unfailingly and repeatedly proclaimed their innocence - Evans doing so most eloquently, on behalf of all three men, in a brief public comment following his being formally charged.

In fact, in a highly unusual move, newly indicted defendant Evans went to so far as to volunteer to take a lie detector test at the direction of law enforcement. When the D.A. refused, Evans enlisted a top polygrapher to administer the test anyway. He passed.

Thus far, the defense camp has come forward with a host of seemingly reliable, exculpatory evidence -evidence that will be admissible in court, and that is likely to sway a jury. I'm not talking about, maybe, kinda, sorta, or could be, exculpatory evidence either. I'm talking about weighty evidence - receipts, photos, phone records, alibi witnesses, an absence of DNA, and now actual DNA - that directly supports the defendants' claims of innocence.

A plethora of proof supporting a defendant's claim of innocence - not just the government's failure to carry its burden of proof beyond a reasonable doubt -- is a rare pearl in the practice of criminal defense. It should cause the D.A. to reassess his case.

The Problems with the Accuser's "Identification" of Evans

In my prior columns, I discussed the problems with evidence against Seligmann - who has strong evidence supporting an alibi - and, to a lesser extent, against Finnerty. The evidence against Evans is also weak, maybe even more so.

Evans reportedly was not initially indicted, with the other two, because the accuser couldn't identify him with certainty (only with "90 percent certainty," in her words) from a photo lineup. Ten percent doubt sounds like a lot like reasonable doubt to me - and perhaps, at least initially, it sounded that way to D.A. Nifong too. And if the accuser herself has reasonable doubt, how can a prosecution go forward?
The accuser's lack of certainty is even more worrisome in light of the fact that the photo lineup was grossly biased. It included only Duke lacrosse players - meaning that the accuser had no choice but to select a Duke lacrosse player if she were to select anyone at all. And this photo lineup was apparently the sole means of identification for all three defendants.

Finally, and perhaps most disturbingly, the accuser is reported to have said that Evans's photo "looks just like [one of my assailants] without the mustache." According to Evans's defense lawyer, Evans has never worn a mustache. And party photos support this contention.

For all these reasons, the accuser's identification testimony is likely to be destroyed upon cross-examination.

The Problems with the New DNA Evidence

Besides the accuser's testimony, prosecutors also presented to the grand jury the results of a second round of DNA testing.

Readers may recall that the first round of DNA testing was, if anything, exculpatory: There was no DNA match whatsoever linking any of the forty-six lacrosse players whose DNA was taken, to the accuser.
Following those results, D.A. Nifong reportedly hired a private lab to re-test certain samples. In so doing, the new lab found a possible connection between defendant Evans and the accuser's discarded fake fingernail, found in the trash bin inside the bathroom.

To begin, it's awfully odd that the fake fingernail found its way into the trash bin in the first place, if a rape really occurred, and if the fake fingernail broke off during the victim's struggle, as she claims. No victim would clean up after her accusers; she would flee the scene. And if a culprit had the presence of mind to clean up -- realizing that the fake fingernail might be evidence against him -- surely he wouldn't just drop it in the trash can in the very room where the rape occurred, for police to easily find.

Significantly, too, defense attorneys claim the DNA material was found on the front of the nail -- not on the underside, where it would logically have lodged had the accuser scratched and clawed at her attackers as she claims.

But even putting these points aside, the DNA connection to Evans is weak. To begin, this isn't remotely close to the kind of "match" you may be familiar with from CSI - the kind where the odds of a false positive are infinitesimally small. Indeed, "match" here is a misnomer. All that can be said is that the DNA is "consistent" with DNA voluntarily supplied early on by Evans.
Shocking? Hardly. Evans lived in the house, and therefore may have, from time to time, blown his nose, swabbed an ear, or otherwise disposed of DNA-laden waste into that very trashcan.

Moreover, it was reportedly Evans himself who fished the fake nail from the garbage, voluntarily handing it over to police and maybe, just maybe, shedding some skin cells in the process.

As for direct evidence of sex, there is none; none from any of the forty lacrosse players, that is.
While the second round of DNA testing proved that semen was found inside the accusers vaginal cavity, spokespersons close to the defense are confident the source of the semen is the accuser's own boyfriend.
In sum, after cross-examination, there is little, if any, chance that a jury will give weight to this DNA evidence. It clashes with the accuser's own story, and it's as fully consistent with Evans's innocence as it is with his guilt.

The D.A.'s Unusual Hostility to Even Viewing Defense Evidence

Defense lawyers have repeatedly implored District Attorney Nifong to meet with them and to examine the evidence that favors the defendants. But Nifong has said no - with an attitude that boils down to, "Talk to the hand."

That's unusual. More often than not, prosecutors are quite open to exchanging - or at least being entertained by - the defense's evidence. After all, it provides them with a valuable preview of what the defense's case may ultimately look like in court. Prosecutors are legally required to turn over certain evidence to the defense, but no obligation runs the other way. And since the defense goes second, prosecutors may not be able to effectively counter defense "surprises."

For prosecutors, meeting with the defense is thus typically a win-win situation: If they are convinced to drop the case, then that's embarrassing - but far less than as a loss at trial would have been. If they aren't convinced to drop the case, they've gotten a precious new edge at trial. And either way, both the reality and appearance of fairness to the defendants are enhanced.

Giving a defendant a lie detector test, in contrast, isn't a win-win situation: It may hurt prosecutors' case if the results are released to the public. (Lie detector results are rarely - if ever - admissible in court.) But at the same time, a lie detector test - while risky, and far from perfect - is likely to get prosecutors closer to the truth, which is supposed to be what they are after.

As noted above, in this case, Evans claims Nifong refused to give Evans a lie detector test. (He ultimately took one himself, and passed.) In my professional experience, a prosecutor's refusing to administer a lie detector test to a defendant is nearly unheard-of. The defendant's answers - and the lie detector's response to them - may provide the prosecutor with a road map to what his vulnerabilities on the stand may be.

Just as meeting with the defense previews the defense case for prosecutors, administering a lie detector can preview the defendant's testimony, as well as his on-the-stand demeanor, showing prosecutors what kind of a witness he will be. (Confident? Nervous? Shifty? Solid?)

I can't help but believe that, were any of these defendants to assert that they had proof that a crime was indeed committed, this district attorney would be all ears. Suppose, for instance, that Seligmann or Evans were to turn on Finnerty, to try to save themselves - surely Nifong would happily hear them out. So how can the prosecutor justify, then, turning a blind eye to evidence of any of the accused's innocence?

If There's A Card Up the D.A.'s Sleeve, the Law Requires Him to Play It Soon

Some pundits have suggested that the only explanation for the District Attorney's pressing on in the light of strong evidence that the defendants are innocent, is that he has a card up his sleeve. If so, then he needs to show that card, pronto.

The discovery statutes in North Carolina - as in most states - do not allow prosecutors to play "hide the ball." This is a judicial proceeding, not a magic show. So D.A. Nifong will have to reveal this evidence sometime before trial.

He ought to opt to reveal it right now - to give the defense a chance to counter it. When evidence suggesting innocence is as strong as it is in this case, it's wrong to just let the case go to trial and "see what the jury says." These three young men's live will be forever affected, even if they are acquitted. Even an arrest leaves a scar; the scar of trial is far deeper.

D.A. Nifong should listen to the defense, and should drop the case unless he has strong evidence supporting the accuser. Moreover, if he does have such evidence, he should show it to us now. The defendants have been forthcoming - especially Evans, who volunteered to, and then did, take a lie detector test. The prosecution should follow their example.

I am a lawyer in a rural county in a rural state, and although most of my work these days is taken up practicing civil law, for the first 5 - 7 years I did a lot of criminal defense work.
Anyway, as a result of the demographics of my practice area, I have had the opportunity to defend clients charged with rather heinous and violent criminal acts, including rape, murder, etc.
Two observations:

1. whether this woman was raped or not, these young men are going to found not guilty if they go to trial — barring some unforeseen discovery by the police, the facts for the PA flat-out stink and most competent criminal defense attorneys will run him out of the courtroom on these — drunk, verge of being passed-out stripper with criminal record for car theft and tried to run over police officer who is smiling in photos taken as she is leaving the place — if the accusations are true, it’s tragic, but as a lawyer you work for the guy paying the bill, so she will be destroyed when she testifies. I had a similar case once where the alleged victim admitted during cross-examination at the preliminary hearing that prior to the "rape," by a college athlete — football player at a party, that she had stopped to pick up a six-pack to drink on the way to the party, she had drunk six -eight 16 ounce plastic cups half full of wine and had smoked a joint with one other person. She was a recent graduate (graduated two months after the alleged incident and had to fly in from Texas to testify) in Nursing and after leaving the "rape scene" in the early morning hours, instead of driving to the emergency room at the local hospital one mile from her former college dorm room, she drove for 3 hours to a hospital near her parent’s house. There was testimony from other partygoers — acquaintences of hers and who did not know my client — that she "fell asleep" for a little while after she smoked the pot. This poor girl even brought a squeeze ball to use while testifying to relieve stress (her psychologist had receommended it). Unfortunately for this young woman, the facts left me, as the young man’s lawyer, but to dig and berate, and ridicule and demean everything she had done and flat-out state that everything was inconsistent with her allegations — by the time we got to trial, she backed out on the first day and told the PA she would never testify about the rape again. My guy walked. He always told me he was innocent. You never really know, though.

2. I suppose the PA is running with this b/c he is facing an election in 2008, and this is a great time to start appealing to his voter base. The Duke students don’t vote there.

[Betty Friedan]

Just when you think this case couldn't get any weaker, more information comes to light showing the complete incompetence of district attorney Mike Nifong.

The only thing left to make this case even weaker would be the accuser herself finally coming forward to admit that she lied about the whole thing, which would make it even harder for district attorney to win the case, but Mike Nifong would probably ignore that piece of evidence as well in his quest to maliciously prosecute these young men.

1. The stripper acknowledged drinking before going to the party.
2. The stripper told police that she used a vibrating sex toy during a dance in a hotel room for a male and female, but prior she told police that she had not had sex in the week before the party.
3. The Stripper had sex with her boyfriend and the two men that drives her to these parties, and this was the third party she did that night.
4. Another male friend of the accuser said that he had sex with the stripper that week and that he drove her to three other sexual encounters, according to the friend's statement.
5. Osborn also claims in the court documents that the nurse who examined the alleged victim was in training and not yet certified.
6. The “rape kit report” stated that their was some swelling – which is pretty god for someone who had that much sex that night and the days before.
7. The DA Mike Nifong lied when he stated he was waiting for a toxicity test to prove a rape date drug was used. No toxicity test was done.
8. So far the absolute void of DNA suggests that no rape has occurred.
9. The 2nd stripper first statement stated that the drunk stripper was alone for only five minutes at the house.

[Betty Friedan]

The stripper originally claimed that the second stripper helped with the rape!

Just when you think this case hit rock bottom, you find a sub-basement.

If Mike Nifong doesn't get disbarred after this, then there really is a corrupt system in Durham that protects rich white guys.

AFFIDAVIT OF COUNSEL FOR DEFENDANT IN SUPPORT OF MOTION TO SUPPRESS NON-TESTIMONIAL PHOTOGRAPHS

3 (b) The probable cause affidavit implies there is no question that [deleted] was sexually assaulted on March 14, 2006, at 610 N. Buchanan by three men. But three days before Investigator Himan signed his affidavit, March 20, 2006, at 10:10am., Investigator Himan interviewed Kim Pittman, the only eyewitness to the events of March 14, 2006, at 610 N. Buchanan. Before Ms. Pittman was granted extremely favorable bond consideration by District Attorney Nifon personally on april 17, 2006, she told investigator Himan [ deleted ] allegation that she was sexually assaulted was a “crock.” Instead Investigator Himan alleged that [ deleted ] “reported that she was sexually assaulted for an approximate 30 minute period.”

3 (e), (8) She told Investigator Himan first that she had consumed a 24 ounce bottle of beer and thereafter that she had consumed two twenty-two ounce Ice House beers. Finally, She told the S.A.N.E nurse in training that Kim Pittman assisted the players in her alleged sexual assault and that Kim Pittman stole all her “money and everything.”