Monday, April 24: Comments closed on this post. A defense lawyer wants to see the evidence. Read and discuss the latest news.
Friday, April 21: Comments closed. Read and discuss the latest news on the case.
Thursday, April 20: Looking for pictures of duke stripper?
Update V (4/18 @ 4:32 p.m.): This will be the last update for today, unless something really explosive is revealed.
By the way (TOTALLY off-topic), if you’re in DC this Saturday, come to the Milblog Conference 2006. I’ll be live-blogging, but that’s not why you should come. You’ll get to meet some of the top military bloggers and hear them talk about their experiences as service men and women…and bloggers.
Back to the case. ABC News comments on photos from the night of the alleged rape:
12 a.m.: This is the first picture of the strippers. Students are watching the show, but not grabbing or attempting to touch the women. Bruises are clearly visible on the legs and thighs of the alleged victim.
12:00:40 a.m.: Another picture taken 40 seconds later shows bruises on the accuser’s knees. Her right knee appears to have an open cut.
12:03:57 p.m.: About four minutes after arriving, a picture shows the strippers leaving the room. The photo clearly shows that the alleged victim left behind one of her shoes.
Between 12:10 a.m. and 12:30 a.m.: No photos were taken between this time.
12:30:12 a.m.: The next photo shows the alleged victim on the back porch, carrying what appears to be her purse and a makeup bag. Her clothes are intact.
12:30:47 a.m.: A photo taken 30 seconds later shows the alleged victim on the porch and she appears to smile.
12:31:26 a.m.: But 30 seconds after that, a photo shows the alleged victim stumbling down the back steps of the house.
12:37:58 a.m.: A series of photos are taken, all showing the woman lying on her left side on the back porch, seemingly passed out or asleep. She had visible cuts on her legs and buttocks that did not appear in the previous photos.
The cuts may be from falling. The cuts on her buttocks line up with the edge of a screen door she may have hit on the way down.
12:41 a.m.: The final photo shows the accuser and the second dancer in a black car. The accuser is in the passengers seat.
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Update IV (4/18 @ 1:04 p.m.): Some of the players admitted to using each other’s names at the party, so there appears to be no discrepancy between the search warrant and the accuser’s identification of the alleged rapists. Although…
The DA issued has issued a statement, but it contains nothing we haven’t read elsewhere.
Duke’s president issues a statement.
2:19 p.m.: For the time being, I’ll just link to new information and leave the editorializing for another day. From CNN: “Sources close to the investigation told CNN Tuesday that the defense will present evidence — including ATM receipts and a cab driver — that neither Seligmann, 20, nor Finnerty, 19, were at the team party at the time the alleged rape took place.”
See, I knew I couldn’t do it. I must editorialize. Witness more of the media’s class-envy coverage. This is the real case, my friends. Everything else is filler.
3:50 p.m.: The second stripper speaks.
Interesting article: Duke lacrosse case far more complex than it looks
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Update III (4/18 @ 11:17 a.m.): According to the search warrant, the accuser said three men named Adam, Bret, and Matt raped her, but Reade Seligmann and Collin Finnerty have been charged with the rape. Hmmm…
ESPN sources ABC News: “Prosecutors have informed defense attorneys that the alleged victim has identified two players with 100 percent certainty and is 90 percent certain on a third player…”
I don’t get it. She named “Adam, Bret and Matt” as the rapists but identified Seligmann, Finnerty, and a third person.
Here’s more fallout: WTOP is reporting that the U.S. Attorney’s Office in DC is considering a move to revoke Collin Finnerty’s community service agreement for assaulting an alleged homosexual because of the Durham indictment.
12:13 p.m.: The Smoking Gun has obtained a copy of the indictment.
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Update II (4/18 @ 6:25 a.m.): The alleged rapists named in the indictment have been arrested. No names yet. Or charges. The indictments are still sealed.
7:08 a.m.: WRAL: “The two men, who attorneys say are sophomore Reade Seligmann and sophomore Collin Finnerty, surrendered to authorities at the Durham County Magistrate’s Office at about 4:55 a.m.”
7:39 a.m.: Charges: “rape, sexual offense and kidnapping”.
Finnerty was recently in court for a simple assault incident that occurred back in November. He reportedly hit a homosexual (”alleged” homosexual?) in the mouth, drawing blood. I’d like to know whether Finnerty’s DNA was indeed connected to the assault accuser. [Note: I assume he had to submit DNA in that case. This is speculation, not fact.] If so, isn’t it strange that his DNA wasn’t connected to the stripper, who he allegedly forcibly raped and beat as she tried to defend herself against him and two others? Curious…
An indictment in itself is damning, no matter how easy it may be to indict someone. We don’t know what evidence the DA has, though I suspect it’s pretty flimsy. But that’s my opinion and will remain so until I see more evidence. Blogger Ed Cone reiterates that we’re still in the dark.
The father of two lacrosse players comes forward.
10:07 p.m.: A commenter-lawyer writes:
The DA had no obligation to present any exculpatory evidence to the grand jury. He could have presented only the following: (1) the alleged victim’s testimony that she was raped and her identification of her attackers and (2) the hospital nurse’s testimony that the alleged victim’s injuries were consistent with rape. These facts would be sufficient for an indictment, which is all the Nifong needs for his re-election campaign.
At trial, however, the jury will have the following exculpatory and impeachment evidence to consider: (1) the absence of any DNA match, (2) photographs of the alleged victim showing bruises before the alleged attack, (3) various inconsistencies in her story, and (4) evidence of the alleged victim’s bad character for honesty and truthfulness (i.e., her prior criminal record). It is highly unlikely in my opinion as a lawyer for the past 25 years that based on this evidence a jury would find guilty beyond a reasonable doubt.
The only way that Nifong can get a conviction here is if one or more of the boys in the house testifies in support of the alleged victim’s story. Will that happen? Who knows.
Fellow southerner and blogger Mary Katharine Ham recommends a change of venue for the trial. Riehl World View’s comment section is interesting.
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…today, although it could be under seal. Or the case may be carried over until May 1.
At any rate, it’s not over until the grand jury indicts or throws out the case if Mike Nifong sent the case to the grand jury. There’s no confirmation. Now he decides to clam up. 
Developing…
Update (4:19 p.m.): According to CNN, the grand jury issued two indictments under seal.
5:06: The CNN alert is gone. Don’t know what that means. Drudge is still reporting the sealed indictments, and ABC News (also reporting seal indictments) has an exclusive:
ABC News has obtained a tape in which a security guard — who may have been the first person to see the alleged victim of a Duke lacrosse gang rape after the alleged attack — says there were no signs or mention of rape or sexual assault.
ABC News has obtained an audio recording of what is purported to be a private investigator interviewing a security guard at a Kroger grocery store. It was this security guard whose call to 911 brought police to the Kroger parking lot, where they found the woman who claims she was raped by lacrosse team members.
7:47 p.m.: The AP is reporting that two Duke lacrosse players have been indicted. On tax day!
From ABC News:
A grand jury in Durham, N.C. handed up two sealed indictments in the Duke lacrosse rape investigation today.
A sealed indictment does not mean an arrest must be made though it does provide the prosecutor leverage with potential defendants who believe once their names are public their reputations will be destroyed.
The sealed indictments put the attorneys for the accused in a touchy position because they will be told their client has been indicted but not what the charge is and how many counts, making it difficult to defend.
Were the players indicted on charges of rape? Assault? Thought crimes? Believe me, it won’t stay “secret” for long. Until I see more evidence, I’m sticking to my story.
Talk Left: “The prosecutor seems to be milking this for all it’s worth.”
And this from the New York Times:
Ekstrand said that he and other defense lawyers had asked Nifong on Thursday and again today to issue public indictments so that anyone who was charged with a crime could voluntarily surrender. Ekstrand said Nifong refused the request, “so we’d be left in the dark.” He said the situation meant students could be arrested in classrooms or paraded in front of the media. “I can’t imagine any other reason but humiliation.” he said in an interview while the grand jury was in session.
Sounds about right.
Previous posts:
The DA has no case. Otherwise he would have already pressed charges after seeing there was no DNA match.
Now he’s just trying to wait it out until things cool off. Then he’s going to drop the case. Either that or he’s waiting for a diversion that he can use as a side-bar. Whatever he can find that will get him the most votes.
He hyped expectations and now he sees that he can’t deliver.
Comment by Independent Conservative — 04.17.06 @ 4:00 pm
I don’t think he has one, either, IC…against the lacrosse players, that is.
He has one against the woman if she lied OR - if she was raped elsewhere - the person who raped her.
Comment by La Shawn — 04.17.06 @ 4:03 pm
Yup.
Comment by Independent Conservative — 04.17.06 @ 4:09 pm
CNN has an alert banner on their site that says 2 sealed indictments handed up…
no other word
Comment by Renee — 04.17.06 @ 4:18 pm
La Shawn,
As someone who has studied law… why would they be sealed (what circumstances warrent sealed indictments as opposed to public or unsealed)?
Thanks
Comment by Renee — 04.17.06 @ 4:27 pm
In this case most likely to keep the details out of the newspapers and/or to spare people embarassment until the investigation moves further along. (I wish Nifong had kept his mouth shut in the beginning.) Courts usually seal info like juvenile records, grand jury testimony, plea agreements, etc.
Also, the DA may not want to alert the named defendant(s) until he’s ready.
Comment by La Shawn — 04.17.06 @ 4:32 pm
If a grand jury indicts someone for rape, shouldn’t that person(s) automatically go under arrest and wouldn’t that be public? I don’t understand.
Comment by dianne — 04.17.06 @ 4:33 pm
Ok, thanks. I was thinking that also but then I remembered he blabbed like there was no end in the beginning, why hushup now. Also, why would they not allow someone who is “accused” (no matter what whoever it is in the indictment, is innocent until proven guilty, we always say) to voluntary turn themself in when they are indicted?
Law & Order has not had this episode on yet (but we know they will…LOL)
Comment by Renee — 04.17.06 @ 4:34 pm
CNN removed the alert and nothing more has been said….
wonder if they jumped the gun (with their source)
Comment by Renee — 04.17.06 @ 5:00 pm
Forget a conviction - if Mike Nifong fails to get an indictment, he is toast in the election for sure.
Comment by Mwalimu Daudi — 04.17.06 @ 7:02 pm
The Judge, a former Durham County DA, took the unusal step of sealing two indictments. The Judge was appointed in 1994 and won re-election. His term does not expire until 2010. He went to UNC law school and was a helicopter pilot in Veitnam. This means he will not be running for re-election and will probably retire in 2010. He has NO pressure from any election. I figure he is in his late 50’s early 60’s. As a former DA in Durham, he is aware of the pressure on the current DA, and how weak this case is. My thought is that he will keep the indictments sealed until after the election, May 2nd. It has been stated my one attorney in Durham that this is the first sealed indictment he had seen in Durham in 45 years. Very unusal. At that time, the current DA will probably not be the DA. At any rate, cooler heads will prevail after the election. Duke gets out of class on May 6th. I believe the judge could hear a motion for dismissal from the Boy’s defense team, when the indictments are served, and dismiss the case immediately. I will check on that.
All in all this is probably the best out come of the situation for now. The boys need to study for exams. Kemp
Comment by Kemperman — 04.17.06 @ 7:27 pm
The little guy on my shoulder is whispering “conspiracy” junk in my ear. Here is what he is saying: (1.) Duke must continue to work to rub out the stain of elitism, sexism and racial exclusivity. (2.) Lacrosse is not your usual B-Ball alley sport. (3.) If the white boys had roughed up a white girl, no NAACP or ACLU would give a hoot. (4.) Juicy Jackson and Charles Ogletree have tip-toed in wearing their combat boots and driving Sherman tanks. (5.) The Grand Jury must do the PC thing and toss at least one indictment into the pot in order to escape the slander of being a bunch of redneck whites protecting the status quo.
Comment by Heliotrope — 04.17.06 @ 8:14 pm
What I am wondering is what is the DA basing these indictments on? He had better have something we have not seen or he is in violation of North Carolina’s version of Model Rule of Professional Conduct 3.1 (you cannot bring meritless charges) and 3.3 (you cannot misrepresent evidence) and could easily be disbarred (as should happen if he has abused the public trust in such a manner).
No matter what, by disrupting the course of justice with his antics, the DA has disgraced himself and his oath of office and must go.
Comment by jalrin — 04.17.06 @ 9:20 pm
I’ll go out on a limb and say he doesn’t have anything. If his case is based on the word of the accuser, he’s toast. I’m going to enjoy watching events unfold, especially as I read and listen to people who don’t know anything about the law theorize about what the indictment means.
Comment by La Shawn — 04.17.06 @ 9:28 pm
I don’t understand a criminal justice system that let’s rapists walk the streets. If they’re guilty, arrest them. He should have done so already. Doesn’t he care about protecting the rest of society from rapists? I’m sorry, this just doesn’t add up. I agree with #13, the DA must go no matter the outcome.
Comment by dianne — 04.17.06 @ 9:34 pm
The prosecutor should just try and acquire some integrity so he can start his day off right. He doesn’t need to tilt his efforts one way or another.
Comment by Jd — 04.17.06 @ 11:16 pm
And how come the Duke president has a broader brush then the NCAA. Shouldn’t all Lacrosse play be suspended for the year? It would seem if they are white and priveleged that they also should be under suspicion. What makes this LaCrosse team different from any other team?
Comment by Jd — 04.17.06 @ 11:19 pm
So as the other Ivy League Presidents can be written down in history as prescient. They probably should start sending their lacrosse teams to weekly racial and social justice meetings. I have to at my job. Twice a year not weekly. Search the internet for “racial and social justice” and marxism and you will seen the genesis of this line of thought.
Comment by Jd — 04.17.06 @ 11:21 pm
Duke LaCrosse Players Arrested
Two Duke LaCrosse players have been arrested.The two men, who attorneys say are sophomore Reade Seligmann and sophomore Collin Finnerty, surrendered to authorities at the Durham County Magistrate’s Office at about 4:55 a.m.â€Also,Dilby has posted in…
Trackback by Riehl World View — 04.18.06 @ 7:21 am
Duke Arrests
There were two this morning. Blogger La Shawn Barber has her doubts about the case and recoils at some of the reactions.
Trackback by PhiBetaCons @ NRO — 04.18.06 @ 7:37 am
2 Duke Players Arrested
Well, so let’s see how this plays out now. From what I’ve seen it sure doesn’t seem like there’s a lot of evidence to support the charges. But I do sleep better knowing that this high level of MSM quality…
Trackback by The Coalition of the Swilling — 04.18.06 @ 7:49 am
Kidnapping..interesting that I was on a jury in Kansas years ago where the defendant locked the victim in the basement (after he beat her), then committed robbery. One of the charges was kidnapping and the judge explained to us that in this state, the fact victim was locked up in house while crime committed was kidnapping. We, the jury, had no ability to judge the charge, only the crime. In other words, if we believed she was locked up in basement, then he would be guilty of kidnapping. If NC has similar law, she probably claimed she was locked in the bathroom.
Comment by dianne — 04.18.06 @ 7:49 am
three players in the bathroom during the alleged assault and only 2 indictments? I’m guessing the third player is testifying for the prosecution; otherwise, there would be no way the DA would not have indicted him, in for no other reason than to pre-emptively impeach his testimony for the defense…. unless, despite media reports, there were not three people in the bathroom… or the alleged rape did not take place in the bathroom…. or?
Comment by steve sturm — 04.18.06 @ 7:51 am
The old aphorism that “Grand Juries would indicte a ham sandwich” is sadly accurate and actually an understatement. But Grand Jury testimony also has the nasty habit of biting the prosecution in the posterior if such testimony was not carefully scripted and controlled. More than one case has been dismissed with prejudice or had critical evidence deemed inadmissible because of misstatements and outright lies in Grand Jury testimony. I am willing to bet a ham sandwich that we will see the DA rue the day he sought these indictments.
Comment by Angry Federalist — 04.18.06 @ 7:55 am
La Shawn, Has anyone commented or written to you how unusual the use of the word “black” has been used to describe the alleged victim in most of the news articles, instead of “African American”?
Although I would use the word “black†I find it very odd that the MSM would use it.
Current example: http://abcnews.go.com/Sports/wireStory?id=1854144
Comment by Ralph — 04.18.06 @ 8:45 am
This story is starting to resemble To Kill A Mockingbird - only in reverse.
Comment by Mwalimu Daudi — 04.18.06 @ 9:08 am
I’m so tempted to map out exactly what I believe happened, but I need more information. The trial is going to be a circus.
Comment by La Shawn — 04.18.06 @ 9:15 am
La Shawn,
Go ahead and map what you believe happened.
Comment by Gerald — 04.18.06 @ 9:19 am
The Mysteries of the Law
But, the police collected some DNA from the alleged victim, and it doesn’t match anybody on the Duke lacrosse team. Isn’t anybody curious about who it does match? Shouldn’t we be looking for that guy? I bet he would have some interesting things to s…
Trackback by jaceonline — 04.18.06 @ 9:41 am
The DA had no obligation to present any exculpatory evidence to the grand jury. He could have presented only the following: (1) the alleged victim’s testimony that she was raped and her identification of her attackers and (2) the hospital nurse’s testimony that the alleged victim’s injuries were consistent with rape. These facts would be sufficient for an indictment, which is all the Nifong needs for his re-election campaign.
At trial, however, the jury will have the following exculpatory and impeachment evidence to consider: (1) the absence of any DNA match, (2) photographs of the alleged victim showing bruises before the alleged attack, (3) various inconsistencies in her story, and (4) evidence of the alleged victim’s bad character for honesty and truthfulness (i.e., her prior criminal record). It is highly unlikely in my opinion as a lawyer for the past 25 years that based on this evidence a jury would find guilty beyond a reasonable doubt.
The only way that Nifong can get a conviction here is if one or more of the boys in the house testifies in support of the alleged victim’s story. Will that happen? Who knows.
Comment by DBL — 04.18.06 @ 10:14 am
I guess my guess about cooler heads was WRONG. I have talked with my son, this morning, he knows the boys, this is TOTAL BS. Just remember what I posted several days ago about one of the boys not being in Durham on that weekend. We’ll see. This could blow up in the DA’s face before the week is over, the lawyer’s are “locked and cocked” when they pull the trigger is the only question. Stay tuned! It isn’t over till it’s over!
Comment by Kemperman — 04.18.06 @ 10:14 am
My apologies in advance for the graphic nature of this comment (sensative types may want to skip this)….
I’m not sure why some people are focusing on the DNA evidence (or, more accurately, the lack of DNA evidence).
DNA only has relevance if the rapist ejaculated. But rapes can certainly occur without climax, especially if, as alleged here, the victim fought back.
In fact, rapes can occur without physical penetration by the rapist (he can use an object).
That said, I’m inclined to agree with La Shawn when she writes “If his case is based on the word of the accuser, he’s toast.” That’s precisely why I think the prosecutor must have something more than merely “her word” (i.e., evidence of bruises, an eyewitness, etc.).
If he’s solely relying on her word, he’s surely the worst DA in all of American. Most prosecutors wouldn’t even take that to a grand jury.
Comment by Kman — 04.18.06 @ 10:31 am
If he’s solely relying on her word, he’s surely the worst DA in all of American.
Got there at last, have you?
Also remember the DA’s election is scheduled for next week. An indictment against two alleged rapists looks mighty good on the resume.
Comment by La Shawn — 04.18.06 @ 10:45 am
I’m beginning to see how the initially differing accounts of what happened could be reconciled. This is pure hypothesis from 1000s of miles away so it has as much value as you are paying for it - i.e. 0
Firstly it seems pretty clear now that the victim was assaulted and probably raped by somebody that night. The question is who, when and where. The problem I had was that the timetable of events didn’t seme to match up and the statements from the frat boys which stated that the victim was unable to perform as expected and seemed intoxicated and in bad shape when the first saw her. This seemed to indicate that she was raped before going on this call - which seemed ummm implausible - but which seemed to be strengthened by the lack of DNA evidence. So how to square the circle?
I think what happened is that the two dancers showed up and were almost immediately separated into two chnageing rooms/closets/bathrooms. The victim discovered that two or three of the frat boys - who probably guided her to her “changing room†- wanted a bit more than a dance, which she refused, was then possibly drugged, and was then assaulted in some closet - probably using convenient brushes for penetration because she was insulting about the rapists “equipmentâ€. The rapists then left her and went back to the party and she was left to finish changing. Not surprisingly any performance she made after that was poor.
I’m sure there was loud music playing, there was clearly much alcohol, I see no reason why any of the other (drunk) frat boys should have noticed that two or three of their number were missing for 5-10 minutes, hence their statements and their willingness to stick together and defend a rapist.
However all this is based on an assumption that the DA and the grand jury have more informaiton more clearly laid out than the various press reports do. I’m pretty sure that the victim was raped, the question, as I said earlier is who, when and where. If it turns out not to be one of the frat boys then there is a rapist on the loose who is going to get off scott free because of the concentration on the party-goers.
I read your comment on another blog. You had me until the “brushes” scenario. - Admin
Comment by Francis — 04.18.06 @ 11:01 am
This indictment is actually what i was praying for — only because the case is now going to completely blow up in NiFrong’s face. Now the DA will not be able to coast to re-election and then quietly drop the case for lack of evidence a month or two from now when its gone from the headlines. Why?
Reade Seligmann was one of the guys who left the party early (and that was revealed weeks ago, not today). The accuser simply looked at headshots from the entire team and randomly chose two guys. And NiFrong, since he obviously has zero evidence other than the accuser’s word, knew he was rolling the dice — its why he sent cops to break into the dorms over the weekend and repeatedly ask the players “who was at the party?”.
Guess what NiFrong? You gambled and lost.
Comment by tilson — 04.18.06 @ 11:33 am
well it seems one of the “rapists” was not even at the party the hoax will be uncovered soon
Comment by shari — 04.18.06 @ 11:33 am
Usually District Attorneys are a lot more careful about this kind of case so they can be saved embarassment (and, at least ostensibly not waste taxpayer dollars).
Comment by Christopher Taylor — 04.18.06 @ 11:40 am
Why no outrage? This happens daily. And whats worse he is igniting a racial timebomb with Jessie Jackson already involved. More takes…
Pingback by Politics, Sports, Real Estate — 04.18.06 @ 12:00 pm
I have commented a lot on this case. I read the search warrant at smoking gun. I read what others have posted here. I read what was posted at LeftTalk. I think I have given this case more thought then I would normally give a rape case. I do not believe any of the race talk. To me it is irrelevant. What matter’s is if a crime was committed.
I believe the Duke Lacrosse team was slandered by the media. The woman accused three men of raping her, and the media went off on a few templates regarding men, white privilege and athletes. It was and is a disservice to everyone involved.
Having served on a jury before I trust my fellow citizens to look at the evidence and make the best determination. Criminal jury’s do not determine guilt or innocence. They are asked to determine beyond a reasonable doubt whether the accused is guilty of the crime charged. The verdict in this case may not tell us if the men are innocent; it may only tell us that there is insufficient evidence to find them guilty beyond a reasonable doubt. (OJ)
I am done speculating. I always thought based on the search warrant there was probable cause that a crime occurred. Now a judge and jury will be allowed to try the facts. Both sides will be allowed to present evidence. So far, the only evidence the prosecution has presented in public is in the search warrant, but the defense has been free to put out its evidence. At trial, all the evidence will be presented and disputed under oath. Since the Grand Jury gave, the DA the indictment that he wanted, the defense’s public presentation of evidence was not enough to persuade the grand jury pool the DA’s evidence was lacking.
I am glad the DA has shut-up, hopefully the trial judge will issue a gag order, and the Defense Attorneys will shut-up too. This is a simple rape case. It is up to the prosecution to prove beyond a reasonable doubt that the men charged committed the crimes of which they have been accused. That is always difficult in the rape cases.
La Shawn I love your site. If you had not brought the matter up for discussion, I would not have paid it any mind. I do not let the mainstream media template determine how I view matters, or to determine what is important. It has been fun.
1. Comment by tilson — 04.18.06 @ 11:33 am
He left the party early.
What does that mean? Did he leave the party before the dancer arrived? Do you know what time she said she was raped?
Comment by Ellen — 04.18.06 @ 12:01 pm
Yep, he left early. Should be pretty easy to show this whole thing is nonsense. But I pretty much expect all the people who have already convected them in their minds won’t remember that fact in the future, and will simply remember that a rape happened, even if it didn’t.
I hope the prosecution is disbarred over this. Right now I’m sitting across from my adorable three year old, wondering how the race baiters or feminazis will screw him over when he’s older.
Whether these boys are guilty or not, the public (or the news!) has already tried and convicted them, just based on being white males.
*sigh*
Comment by silvermine — 04.18.06 @ 12:12 pm
I’ve sort of peripherally followed this case from the beginning, but I have a question for which I also have no answer. We know from published statements that no DNA matches to any of those team members were gleaned. The begging questions are: Can anybody tell me if there has been any mention or determination that there was any DNA foreign to the accuser found in the testing? Then, if so and it doesn’t match the team members, why hasn’t some other scenario/possibility been pursued?
Comment by MIkeW — 04.18.06 @ 12:19 pm
You ponder:
|>According to the search warrant, the accuser said three men named Adam, Bret, and Matt raped her, but Reade Seligmann and Collin Finnerty have been charged with the rape. Hmmm…|
Comment by MC — 04.18.06 @ 12:22 pm
Mr. Nifong says he has identification and a V who claims no consent, so he has enough to get to a jury. On the plus side, filing of charges should give lax players some rights to discovery. No doubt they want to see the med exam report. I suspect a high blood alcohol level, possible other evidence of intoxicants.
Perhaps Duke and other med schools should rethink how they train the nurses and MD’s who do med exams in cases of alleged sex assault. It seems best to just record objective findings. Leave out comments about how the “affect” is consistent or not consistent with having been through a rape. Also leave out characterization of the observed injuries, if any, as consistent or not consistent with forced sex. The injuries are what they are. Let the jury decide what must have happened. Here, it looks like the MD and nurse came up with “false positive” med exam test results for rape.
I suspect the folks that sign up to do “rape kit” exams (should be “alleged rape kit” or simply “med exam”) are naturally biased toward finding sex assault. Then, over time, I suspect they are trained and groomed primarily by DA’s and police to become still more biased.
More broadly, it seems to me that Durham does not appreciate what Duke does for undergrads, or how property values in Durham are probably bolstered by having 6400 Duke undergrads.
Perhaps Duke should announce a plan to move undergrad slots elsewhere - say 25% to Redmond, Washington, and 25% to the San Francisco or San Diego area. Melinda Gates is a Duke grad, I think, and the Gates family could certainly seed a great undergrad campus away from the “we love to hate Duke” crowd in Durham.
With communications as cheap as they are now, and getting cheaper, well-endowed private universities can and should branch out geographically. Why not have Duke lead?
Duke already has away-from-Duke programs in places like Mexico, New York, etc. Princeton, Duke, Harvard, Yale etc. all encourage junior year abroad (or away from the home school).
From Durham City council sessions, one would think there is no underage drinking or noise at UNC or other colleges, only Duke. Duke needs to find and develop more facilities and programs away from the vocal and prominent “Duke folks are jerks” crowd in Durham.
Why not rotate the undergrads to places like NYC, Redmond, Mexico City, SF, San Diego, Dubai, London, instead of parking them in Durham for 4 years? Use the extra dorm space in Durham for students that are over 21. Or turn them into hotel space for academic conventions, married student housing, etc. Duke takes a huge hit in “beauty contests” before prospective top faculty and students because it is in Durham. Why not change that with infrastructure elsewhere?
Comment by cfw — 04.18.06 @ 12:46 pm
This is just showing what chaos our judicial system is in (and basically…almost useless at times)… no wonder illegals thumb their nose at our laws…go figure
Comment by Renee — 04.18.06 @ 12:53 pm
On page 4 2nd paragraph of the search warrant, it is clearly written: “The victim stated she did not think the names the suspects were providing her were their own. She stated one male identified himself as Adam, but everyone at the party was calling him Dan.”
The men interviewed admit using alias. It is all on page 4 and 5 of the Search warrant application.
http://www.thesmokinggun.com/archive/0405061duke4.html
I made a note. Thanks, Ellen. - Admin
Comment by Ellen — 04.18.06 @ 12:58 pm
I have been deliberately holding off on commenting on this one, I am afraid it’s going to come back and bite some bloggers… There is TOO much unknown here… And I stick my neck out enough on politics…
Comment by TexasFred — 04.18.06 @ 1:05 pm
This is a sticky case, but since I first started blogging, I’ve always expressed my opinion on controversial topics, and this one is no different. At this point I’m inclined to believe the stripper was raped or otherwise attacked BEFORE she got to the lacrosse party, as I’ve said from the beginning. Until evidence to the contrary surfaces, that’s my opinion based on what I know so far.
Perhaps I should be, but I’ve never worried about something coming back to bite me because I was wrong. If the evidence shows that those two men raped her, then I’ll say I was wrong. You’ll notice in my posts that when I’m off-base about something, I’ll say so and add a note of clarification.
Comment by La Shawn — 04.18.06 @ 1:11 pm
Not so quick LaShawn.
Adam is a name that Dan admits to using. No one on the team is named Adam that I have seen. I have seen no claimed evidence that anyone else was using other names. Note that Bret and Matt are indeed names of others on the team. I need to check but I think at least one is a senior captain. I dont think its evidence dispositve, but it certainly is not all wet yet either. Couple it with the call to 911 being allegedly made by the 2nd stripper who lies on the call and the funny goings on at the Krogers and I am starting to think retaliation for a failure to pay and then a girl trying desperately trying to avoid the drunk tank starts claiming rape, but only hours later when in the back of a police car headed otherwise to the detox unit.
Comment by Gary Maxwell — 04.18.06 @ 1:44 pm
Here’s an idea, why not stop all the speculation and let the process go forward. They are innocent until proven guilty and if they are convicted they should be punished.
As to the point that she might not have identified their names properly, well she was inebriated and they could have used aliases.
People are here seem to think the boys have been convicted already, but from what I’m reading most of you here already have found them innocent prematurely.
Comment by vik — 04.18.06 @ 1:46 pm
There is an “Adam” on the roster, according a site called Dead Spin. I remember reading the name in connection with this story, too.
I need to track down an official roster. Either way, it’s still unfolding…
Comment by La Shawn — 04.18.06 @ 2:00 pm
from Ellen - “Did he leave the party before the dancer arrived? Do you know what time she said she was raped?”
I know he left at least before the stripper went into the bathroom to crack out (which is when she claimed she was being raped). I didn’t know that Finnerty wasn’t there also. So looks like NiFrong is an even worse gambler than I thought.
And again, this was known well before Seligmann was named — this is a not a CYA on his part. In fact, one of the reasons the defense attorneys and players on whole didn’t go on the offensive is because they knew the DA had no evidence whatsoever. They knew that since half the team left early there was a good chance of him idicting someone who wasn’t there (because they assumed correctly that he would be indicting some poor random soul no matter what). And they wanted to provide him with as little material as they could for the impending false charges.
Now that NiFrong has played his hand there’s going to be a major PR offensive that will make the DA look like a criminal.
from CNN:
“Sources close to the investigation told CNN Tuesday that the defense will present evidence — including ATM receipts and a cab driver — that neither Seligmann, 20, nor Finnerty, 19, were at the team party at the time the alleged rape took place.”
Comment by tilson — 04.18.06 @ 2:05 pm
This would not be the first time a woman cried “rape” when none took place. And it would not be the first time a bunch of drunken frat-boy athletes behaved badly. All we can do is watch it play out and try our best to keep all parties honest. Perhaps other frat-boy athletes will grow up a bit and think twice, while they’re still sober, before inviting strippers into their homes. That would be the one good thing to come out of all this.
Comment by Kyda Sylvester — 04.18.06 @ 2:07 pm
Have not gotten any more word from campus. The students are VERY upset at the PC crowd that is showing up like, flys on - - - -. If you want to see just what kind of sweet person the accuser is go to (deleted) for a look at who she worked for. Warning this is not G rated, but since when were hooker , er, escort service site G rated?
I don’t link to those disgusting sites on this blog, kemperman. - Admin
Comment by Kemperman — 04.18.06 @ 2:35 pm
I certainly understand, but after seeing the flith on that site, it sure lets you see that the “golden heart” accuser is, a HOOKER. You might discribe the site for your readers, I sure can’t.
Comment by Kemperman — 04.18.06 @ 2:48 pm
This case is crazier and crazier…
I just heard there is possible evidence (receipts) that show at least one of those arrested was not at the house at the time of the rape….
Again, as we know, a grand jury does not hear any of the defense side…
what sort of system do we have???
is this a movie plot and they are just trying to see how people react?
Comment by Renee — 04.18.06 @ 3:03 pm
Nah, it’s not so crazy. This case is unique because there’s race, class (which will always be with us), and allegations of a brutal crime. It generates media coverage because it’s good copy and the whole mess is like some sleazy soap opera. On the other hand, because both the accused and accuser have rights, the process seems strange to people who’re not often exposed to it (not that I am, either, but I’ve studied it a bit).
That’s just the way the adversarial system is set up. It’s the same one that manages to get it right and send the guilty to jail, or get it wrong and allow double murderers to go free. And sadly, sometimes the innocent end up in jail. Still, it’s the best legal system in the world.
Comment by La Shawn — 04.18.06 @ 3:20 pm
LaShawn
I read an interview today (can’t find the link right now) of a NY parent of two of the lacrosse players. Neither boy is implicated ( starting to look like none should be ). Dad was confident no crime took place. He is a NY fireman and was called in on 911 to aid in the rescue effort. Now correct me if I am worng but firemen dont exactly fit the storyline of rich and privledged, now do they?
I agree. I linked to the story this morning. It’s somewhere in the post- “Dad speaks out,” or something like that. - Admin
Comment by Gary Maxwell — 04.18.06 @ 3:36 pm
I hear ya La Shawn,
(some of us know why this happened all happened) but you are right…this is like some nasty soap opera and because we are such an entertainment filled society… it makes for extreme media coverage (one thing is for sure, the media is perverts 
I won’t go where I relly want to go with this whole thing
Comment by Renee — 04.18.06 @ 3:52 pm
I like how the second stripper says she wonders about the character of the “people” (the men)…
if that is n’t the pot calling the kettle black…LOL
Unbelievable
Comment by Renee — 04.18.06 @ 4:04 pm
more from CNN:
http://www.cnn.com/2006/LAW/04/18/duke.rape/index.html
ok, so in addition to recepits, eye witnesses, and now a time-stamped photo from an ATM security camera, lack of a DNA match, and the myriad of all the other exculpatory evidence, can we all agree that these two players are as innocent as anyone can be?
And since NiFrong was made aware two weeks ago (http://select.nytimes.com/gst/abstract.html?res=F00C16F63E540C738FDDAA0894DE404482)
that Seligmann was not even present at the party (and had to have known he was randomly picking off two antelopes from the herd), can some of the lawyers on this board fill me in as to any possible consequences for the DA? I mean, isn’t there anything that can happen to a DA who knowingly indicts two innocents for his own political gain?
Comment by tilson — 04.18.06 @ 4:09 pm
Duke Rape Case Update
Just got in from NYC, I see LaShawn has been keeping up with the latest news. She includes a review of some pictures via ABC News. If new info comes out, I’ll update below. Oh, and the city was beautiful
Trackback by Riehl World View — 04.18.06 @ 4:44 pm
If the indictments were sealed, do we even know what the boys were charged with?
Comment by mariner — 04.18.06 @ 6:14 pm
Duke lacrosse rape case updates
Two Duke lacrosse players were charged today with degree forcible rape, first degree sexual offense and kidnapping and have been taken into custody. The DA is seeking charges on a third once a ‘positive ID’ can be made on the third suspect…
Trackback by Sister Toldjah — 04.18.06 @ 10:44 pm
Read over a search warrant affidavit at TSG.
http://www.thesmokinggun.com/archive/0329061duke3.html
The investigating officer states he has been an officer since 2003. He is now assigned to Criminal Investigations Division and has been involved in numerous investigations. He does not claim any training or experience outside of the Durham City PD.
Just over 2 years on the job, including Academy and rookie training, and is now an investigator. I hope he is working with a senior partner that is just making the new kid do the paperwork.
If this guy is the lead investigator, the lawyers will rip apart every step of his investigation.
Comment by george — 04.18.06 @ 11:36 pm
No one else has mentioned one good reason the Durham crowd is trying so hard to lynch the Duke players:
Anger over the scene-stealing success of J.J. Reddick.
Comment by just me — 04.19.06 @ 1:41 am
Everyone has a different tolerance for misery-mine is very low right now. I hope that justice prevails in this case, whoever is guilty of whatever.
I’m more shaken up by the Tel Aviv suicide bombing than I am about what happened at Duke. That looks cold on the page-I’m not cold or uncaring-
Comment by Doug — 04.19.06 @ 1:50 am
As an emergency physician for twenty years I have seen many victims of alleged rape. I have several comments. First, semen is not necessary to link the victim with the attacker. Pubic hair is combed for foreign hairs and skin, nails are scraped and cut for foreign skin, etc. Secondly, as another poster noted, an injury is an injury. There are many ways to sustain vaginal injuries other than non-consensual or forced intercourse. Most rapes don’t reveal any specific injury. Many specialized “rape examine” nurses DO have a victim bias (as do CPS workers).
Comment by TEX ER DOC — 04.19.06 @ 10:44 am
New ABC article seems that one of the charged players has a pretty convincing alibi
http://abcnews.go.com/GMA/LegalCenter/story?id=1858806&page=1
Comment by Ryan Frank — 04.19.06 @ 11:05 am
Pictures and Alibis
Some more info for the skepticism column.
The local ABC affiliate got a look at the time-stamped pictures taken the night of the party…
Trackback by Hugh Hewitt — 04.19.06 @ 12:59 pm
Ms. Barber, let me commend you for your unapologetic & unbiased blog. You are a breath of fresh air in a community stifled by “political correctness.” Your call for accountability in today’s society should be heeded, the perennial victimization of minorities is a disservice to minorities.
I graduated from Duke University in 2002. I am livid at the way the school & the Duke community are being portrayed in the media. I have seen non-minority students claim that minorities are marginalized & oppressed at Duke. As a female minority from a low-income family, I could not disagree more. Duke provided me with a spectacular education & wonderful experiences.
As an attorney, I am ashamed of how Mr. Nifong has handled this case. Nifong’s tactic & grandstanding fly in the face of ABA Rules of Ethics & only harm the alleged victim. If the accused are found guilty beyond a reasonable doubt, then they should be punished. However, by hamming it up for the media, Mr. Nifong has managed to condemn two possibly innocent young men in the court of public opinion. I can only hope that Nifong’s pandering to a historically disenfranchised community is exposed as the political machination that it is. Also, the lack of DNA evidence after Mr. Nifong’s statements will help the Defense in proving their case & perhaps in changing venue since Nifong has poisoned the jury pool.
I tried to hold my tongue until evidence came to light. At this juncture, I believe that Mr. Nifong, the alleged victim, and all those involved in vilifying Duke University & the accused are opportunistic. The United States judicial system is clear in its stance that the accused is “innocent until proven guilty.” Furthermore, those that are not educated in the nuances of the criminal judicial system need to understand that a Grand Jury indictment does not afford a voice to the defense & that anything & everything is allowed to come in since the stringent rules of evidence are inapplicable.
Comment by Melka — 04.19.06 @ 6:43 pm
What were President Bush’s approval ratings back when Scott and Lacy Peterson dominated the news? Much higher. If the two or three Duke Lacrosse players go to trial - no more low poll numbers for the President. I’m predicting it today.
Pingback by The Wide Awake Cafe — 04.19.06 @ 7:13 pm
Again, I have no Trackback but I compiled three posts worth of comments that I liked into one blog entry on my site:
CARRYING LACROSSE
http://networdblog.blogspot.com/2006/04/carrying-lacross-long.html
Comment by Christopher Taylor — 04.19.06 @ 7:45 pm
Duke Rape Sex Scandal: A Summary
There’s a lot going around about the Duke Rape Scandal, where the Duke University Men’s Lacrosse Team hired two exotic dancers (read, strippers) for a house party and later allegedly raped one of them upstairs in a bathroom. Besides the is…
Trackback by Elliott Back — 04.19.06 @ 9:52 pm
Message to Kemperman:
Please email me a link to the accusers “employment” site. My email is mbmurphy64@aol.com
Comment by b. murphy — 04.20.06 @ 1:51 am
Why is the Duke rape case a national story?
Of course I know why: The confluence of race and sex is just too juicy for the networks to pass by.
Still, I was disappointed to see that Brit Hume’s show has been devoting a segment a night to the case. Special Report generally confines itself to…
Trackback by Red State Rant — 04.20.06 @ 9:26 am
This is going to turn out to be a hoax: http://www.nbc17.com/news/8830631/detail.html
There are pictures (obscured of course) of the stripper at that site. I can tell she is not what the Duke boys were expecting. They probably were angry and used slurs on her when she didn’t perform to their liking. I cant see three wealthy white boys attacking her all at the same time. Doesn’t add up
Comment by James — 04.20.06 @ 3:48 pm