Duke Rape Case: That Motion!

You go girl!! Don’t forget the flexitral, muscle relaxer, she took the night of the party, as much lower back work as she did over that weekend, she surely needed it. Don’t call me shirley, oh sorry, but this is getting as silly as the movie airplane. Kemp

Reading the May 25th filings (a must read for anyone really interested in this case) - my opinion is the defense attorneys are not going after Nifong but those not basically immune from legal consequences - the Police. Principally Investigator Benjamin Himan.

Maybe as a way to get to who if anyone ordered the actions taken if the police say they were “simply following higher - up orders”…..but crudely put, it appears that Benjamin Himan’s [Let's not be that crude - Admin] is the one on the chopping block over “intentionally, deliberately and/or recklessly omitting” evidence from his signed affidavits to Judge Stephens, potential witness intimidation, violations of NC law and police procedure in the Photo ID lineups, and worst of all if Himan’s lies continued on - distorting, misrepresenting to, or concealing the same evidence from the Grand Jury.

Watch for Benjamin Himan to become a widely recognized name in this case.

You know, I’m in the people business and a pretty good reader of faces and body language. Every time I have seen Nifong in video or still, he looks like an arrogant, self-absorbed p****.

I’ll never forget when he laughed and shook his head as the defense said their client had an airtight alibi.

The thing that amazes me is not that he continues with this travesty of justice, but that knowing what he must have known from the start, that he had to know it was utter BS right out of the gate.

So from what I read, these women took $400 each for two hours of dancing then tried to leave with the money after dancing for ten minutes?

That sounds pretty lame to me. No wonder the guys called them names. they should have given the money back.

This is all just so sorry. I noticed Kim writes in her statement that there were 20 - 25 young men watching her “show.” So, did the accuser initially tell the police that the entire group raped her? And why does Nifong want information on 46 players if only 20 - 25 were there at the pertinent time? And Inspector Himan (what an unfortunate name for this case) seems to be set up as the scapegoat. And as for “Precious,” well, all I can say is bless her heart.

Did y’all see where there’s a possible write-in candidate for District Attorney to oppose Nifong?

http://www.newsobserver.com/102/story/449748.html

UNK,

No, he was just an a**. If they treat everyone that calls with a tip like that, no wonder they can’t catch anyone.

Idiotic technique.

“no wonder they (the police) can’t catch anyone.”

Bill,

While it’s true that the arrest and conviction rates for most crimes are depressing low – not to mention the chance of any victims getting any property back, it’s virtually a statistical certainty that any criminal engaged in repetitive criminal activity will sooner or later get caught.

The few exceptions are either when the crime is considered so minor zero effort is made to enforce the law or the few criminals that commit a once-in-a-life act of say rape-murder and decide it’s not for them (it’s good that they don’t kill any more people, but killing more people does provide more evidence, leading to their eventual conviction)

With hindsight, anything can be done better and with the large number of murders and rapes, it’s not always the brightest, experienced detective on every case, and he was probably busy working on the real quadruple murder anyway.

The endgame here is the “victim” comes to Nifong’s targets with an offer they cannot refuse–payoff money. It won’t be much, but that will allow EVERYONE to claim victory.

I’d like to say that I wouldn’t do it, and that I would fight it, but look what these guys are stacked against–an overzealous prosecutor (and that’s at best) and years in prison if things go wrong.

I don’t know how Nifong can live with himself.

UNK,

Explain it all you like. If it is police policy to treat tip-givers as potential perps themselves, that is one IDIOTIC policy and should be changed.

You know, if I didn’t think Nifong was such a waste of skin, I’d almost feel sorry for him. Let me ’splain. No, let me sum up.

He’s coming close to a re-election campaign. He desperately needs the “black vote”. (easily achieved against a republican, but not vs another democrat)He gets presented a somewhat flimsy case against a bunch of over-indulging rich white boys. During the investigative phase, a tide of anti-white, anti-rich, anti-privileged athlete rapidly begins to boil.
At this point, he can do what is right or do what will get him “re-appointed”. He probably believed he could ride the train for a while, then get off before it got too dangerous. Now most of the wheels are off, and the train is moving too fast to jump off. At some point, he must realize he is waiting for the inevitable crash. He’ll blame the accuser, investigators or anyone else.
But you can be sure that had he not pursued the case, his replacement would have. Its politics.

Headline:

Six black professors departing from Duke

In paragraph 10:

“Lange said that the university is gaining 10 black faculty this year: three in medicine, two in divinity, two in nursing and three in arts and sciences.”

One of those leaving is Houston Baker, who wrote one letter criticizing the University’s response to the incident with phrases like, “culture of silence” and “tepid legalism.” Good riddance!

Oh, and Nifong is now 0-2 against Duke lacrosse players. First, Dan Flannery had his noise ordinance violation tossed out, now Erik Steven Henkelman had his case dismissed by the judge as well. How many more of these cases did Nifong say he was going to reinstate?

link

I’m having an awfully hard time believing the 3rd-hand notion that Nifong scored a perfect 1600 on his SATs. That’s about as reliable a “fact” as the notion that he got rejected by Duke Law and has been jonesing to stick it to Duke for 25 years.

Of course, the 1600 would prove the notion that there’s a fine line between genius and jacka$$.

“I’m having an awfully hard time believing the 3rd-hand notion that Nifong scored a perfect 1600 on his SATs. ”

It’s just a rumor, and perhaps he just scored near 1600.

But it would be an interesting SAT problem:

A woman swears that she is has been raped, has DNA in her, and swears that she has not had sex with anyone else.

The woman knows that the DNA will reveal the truth.

Would a woman lie knowing she would get caught?

a) whores always lie

b) men always rape

c) a woman would not tell a lie knowing she would get caught.

d) some people get so into the habit saying anything regardless of the truth.

It looks like Nifong fell for the “sucker” answer (c), unless he has any additional unknown evidence.

“I’m having an awfully hard time believing the 3rd-hand notion that Nifong scored a perfect 1600 on his SATs. That’s about as reliable a “fact” as the notion ….” —- jc, at 27.

Hey, jc, that’s why I couched it in terms of “friend of mine”, “don’t know how this could be checked out” and “If true” ….. it’s pure hearsay, to be given whatever credibility you think it’s worth. I just tossed it out there for discussion as to how it might explain the laugh and head shake behavior in court, and to compare the behavior to AlGore’s arrogance….

So, don’t take our local oral history as “fact”. If I stumble upon some further reliability, though, I’ll impart the knowledge for further consideration in The Corner…..

TaterCon

Here is a news flash.

At my gym there is a policeman who knows one of the policemen on the Duke Rape case from Durham. I asked him about it.

Here is what he said.

“My friend (the Durham policeman) KNOWS this whole thing is a bs and that no rape occured.”

Assuming this is true, the Durham police KNOW there was no rape here.

Bill - Like TarterCon says, it’s a great example of hearsay.
I think when they say “know” they mean “think” or “can’t beleive.”
If they had enough evidence to “KNOW” what happened in the bathroom, it should be out by now.
The police most likely “KNOW” for sure what happened in the bathroom about as much as Kim, the second stripper “Knows”.
But it’s odd that there are so many police who don’t beleive in the case.

TaterCon:

“then go to the homepage to see the report that B-ball star JJ Redick got a DWI arrest last night?”

1) Last time I checked, he was of age to drink legally.

2) He took responsibility for his actions.
http://abclocal.go.com/wtvd/story?section=triangle&id=4265345

Tatercon,
I to have a hard time believing the 1600 score, I mean he had to go to UNC and UNC law school. With a 1600 he could have gone to State, Wake or maybe even Duke. Law school classmates, that I know, state he was no rocket scientist, aka, he was a flake. Classmates of his at New Hanover High, that I know, state that he was a jerk in HS. Once a jerk always a Jerk? I don’t know, sounds like just another arrogant Tar Heel to me. Ha, Ha, sorry, I couldn’t resist! Kemp

What were Nifong’s LSAT scores - that’s more to the point.

Also, I’m wondering, since Nifong isn’t planning to actually try this case until Spring (doubtless planning to never try it - but that’s pretending to be able to read his mind and I don’t want to go there in any form or fashion) - why couldn’t the attorneys for the defendants file suit against NIFONG right now on some basis? I don’t know - malicious prosecution, criminal slander, some tort or other - heck, failure to work and play nice with others would work for me. Or better yet, find some basis to sue NIFONG and the STRIPPER in Federal Court - to force this out of the “good ole boy” courts and hopefully in a court with a little more common sense? I know there’s a whole heap of assumptions in that last sentence - forgive me. It has been a long day!

I just keep thinking that these three boys - in fact all the Duke lacrosse players - were good students and on their way to becoming the kind of good citizens we so desperately need and there must be some way to get Nifong out of his own way and get this nightmare behind these three young men so that they can regain their momentum toward their college degrees and productive futures.

La Shawn had a nice link to the Scottsboro Trial labeled “history”

http://www.law.umkc.edu/faculty/projects/FTrials/scottsboro/Batestestimony.html

Anyone who does think a woman would cry rape to stay out of jail should read it:

Q You testified at Scottsboro that six negroes raped you and six negroes raped her, and one had a knife on your throat; what happened to her was exactly the same thing that happened to you. Who coached you to say that?

A She told it and I told it just like she told it.

Q Who told you to tell that story?

A I told it like she told it.

Q Who told you to do that, who coached you to do that?

A She did.

Q Did she tell you what would happen to you if you didn’t follow her story?

A She said we might have to lay out a sentence in jail.

———–
At least one 1933 judge was not blinded by racism or PC:

History, sacred and profane, and the common experience of mankind teach us that women of the character shown in this case are prone for selfish reasons to make false accusations both of rape and of insult upon the slightest provocation for ulterior purposes. These women are shown, by the great weight of the evidence, on this very day before leaving Chattanooga, to have falsely accused two negroes of insulting them, and of almost precipitating a fight between one of the white boys they were in company with and these two negroes. This tendency on the part of the women shows that they are predisposed to make false accusations upon any occasion whereby their selfish ends may be gained.

The Court will not pursue the evidence any further.

As heretofore stated the law declares that a defendant should not be convicted without corroboration where the testimony of the prosecutrix bears on its face indications of improbability or unreliability and particularly when it is contradicted by other evidence.

The testimony of the prosecutrix in this case is not only uncorroborated, but it also bears on its face indications of improbability and is contradicted by other evidence, and in addition thereto the evidence greatly preponderates in favor of the defendant. It therefore becomes the duty of the Court under the law to grant the motion made in this case.

It is therefore ordered and adjudged by the Court that the motion be granted; that the verdict of the jury in this case and the judgment of the Court sentencing this defendant to death be set aside and that a new trial be and the same is hereby ordered.

James E. Horton,

Circuit Judge

I think I am on a different “why did it make national news”

http://www.foxnews.com/story/0,2933,198047,00.html

But aside from having to fill up a 24 hour news network with news, there was a video (click on some of the Fox links if you missed them showing it endlessly one day) of the abduction and the victim was white and good looking.

Also it plays on the concerns that it could happen to anyone - not just strippers and women at bars at 2 am/

It’s fortunate that the rapist was such an idiot. If some of Duke caliber goes bad and decides to become a stranger rapist, it will most likely take a bit longer to catch him.

JJ who? Tater’s right no one would get any mercy down here for any ticket for anything at a roundball game. Let’s all keep our eye on the ball, June 22 hearing. That will be the telling date. As to Cooper, another fool democrat I know, he has been running for Governor since 1987, and he wouldn’t appoint a special proscutor even if he could, why embarass a fellow Democrat and p** off the Black vote in Durham. Interesting to note though, the Durham Black cacus did NOT endorse Nifungu in the Primary, they endorsed the Black candidate, so we maybe reading too much into the Black vote being behind Nifungu. The Black leadership certainly didn’t support him. Kemp

“One night, she was robbed at gun point. Told the cops she was raped, too. It was in the papers - Convenience Store Robbed, Clerk Raped. Problem was, store had security cameras (that she knew about, too). Needless to say, the security tapes vindicated the poor robber of at least the rape charge. ”

Must be a coincidence that you mentioned it.

James Cameron died this weekend. He was famous as the 16 year-old who survived almost being lynched in 1930, while two older accomplices were lynched for the murder robbery.

It appears that the woman was so upset traumatized at being robbed and seeing her fiancé shot dead, that she also initially accused them of rape, which see later recanted.

Add upset crime victims to the category of people falsely crying rape.

A few months ago, there was a story from Australia of a man who called the police and reported that his wife was raped. The Australian police rolled out an entire crime scene team to investigate a rape. When they arrived, the man said, there was no rape, he was a victim of burglary, but knew that if he just reported the burglary, the police would be slow to respond and not do much. They arrested him and made him pay for the police time.

This morning on the “Morning Edition” show on NPR, Juan Williams did an interview with Kim Roberts. He asked a number of leading questions trying to give plausibility to the charges, and offered little to no rebuttal of Ms. Roberts statements. I found the interview to be outrageous. Juan Williams is a good journalist, but he is obviously not up to speed on this case, and this was a very shabby report. Try to listen to it or check the NPR website later to hear it.

There is another issue with all this nonsense. There is a stereotype out there about black females as “ghetto baby-mamas” hypersexual, loud and without integrity. Many good decent smart and driven black females struggle against this stereotype every day of their lives. They must work that much harder to overcome this.
With the lives of Mangum and Roberts laid open for all to see, all the negative preconceptions about black females are reinforced every day in the media. Both strippers. Both unmarried baby-mamas. Both with criminal histories. Roberts wouldnt know the truth if it painted itself purple and danced in front of her. She looked to cash in initially and even now her story is for sale to the highest bidder. Mangum seems to be every bit the mess she is portrayed. She had sex with 4 men and a vibrator in the 2 days before the Duke party and had no idea what would show up inside her vagina when examined.

THIS HELPS NOBODY.

Black women specifically and black people in general will be the ones who will suffer the lions share of misery after the hoax is proven.

A SAD CHAPTER FOR ALL CONCERNED

Love seeing you published on Townhall!

Write that book…

John Harland - Thanks for your insightful remarks.

Comments like Belle’s make it hard for all black women.

“Since AV has no $$, there is not much point in suing her, obviously.” cfw, #30

CFW, what do you mean AV has no money? She made 400 bucks for 2 hours of “work” that she did in 10 minutes. That’s a pretty good hourly rate and, judging from the statement of the driver, it sounds like pretty regular work. (j/k)

Which leads me to a theory: Kim Roberts is the villain who started this whole mess. She got her $400 up front (a mistake by the players, apparently), was irritated that the other dancer was running late. After 10 minutes, she feigns offense at a comment by one of the players and uses it as a pretext to walk out with 2 hours worth of payment already in her pocket book.

AV, who isn’t quite as savvy a working girl, wants to keep going back in and “earn” some more tips — “There’s still money to be made in there” or words to that effect — but Kim makes decision to leave, which starts this lousy ball rolling.

Now, not only is AV losing out on making some money but, to add insult to injury, the boys (who feel they’ve been short-changed) start hurling epithets. Now, they’ve done it. Now they’ve ticked her clear off. And, as we all know, hell hath no fury like a woman/mother/student/stripper scorned.

If you were AV and you were in an “I’ll get back at them” state of mind and truth wasn’t an obstacle and you were a person of low character, what exactly could you do to strike back? Particularly when you don’t have a lot of arrows in your quiver? If you really wanted to hit below the belt and hurt those guys, what’s the worst thing you (hypothetical low-character woman in that position) could do? Hmmm, what … could … you … do?

In reality, the boys kinda did the same thing earlier that early morning. I’ve known people with a talent for the low-blow, saying without remorse the most hurtful thing they could imagine. If you’re fat, they pick on your fatness. In this case, the boys, or some of them, chose race as the weapon to deliver the unkindest cut. But that was a mere conventional weapon. AV retaliated, only she used the nuclear option.

Never argue with an idiot; she’ll drag you down to her level and beat you with experience. Never wrestle with a pig; you both wind up covered in filth and the pig likes it. Never fight with a stripper who won’t fight fair; she’ll hit lower than you could possibly reach and you have more to lose. Lessons to live by.

Greg: The theory looks accurate. Your advice (do not argue fees with your strippers) was the first thing that came to mind when I saw the case, and discussed it with my 17 year old son.

I forgot about the $400 AV was supposed to have netted. But I thought she left half of that (or so) in the house and Kim Roberts stole the other half. At any rate, AV does not look too skilled at raising and hanging on to $$.

Chris Ford:

“#cfw - Lying to a judge about evidence is not “being overly zealous in helping the prosecutor”, misleading a Grand Jury is not cool either.”

It is not quite lying, is it, as opposed to selective disclosure? At that stage neither the cop nor the DA was saying this is all the factual information we have run across, true? The investigator and Nifong, in retrospect, should have given less weight to AV and more to the conflicting evidence, but the requesting of a warrant is not a trial. I am not sure there was any clear duty to disclose exculpatory evidence. Due Process and Equal Protection clauses would not help much here - too general. It could be abuse of process, if there was affirmative misrepresentation (such as a process server admitting that he lied when he said he served x complaint on d day). Judge who issues the warrant knows he is not getting the full picture from both sides. If he wants, he can say no warrant unless and until I hear from EF&S. Same with Grand Jury - they know they are getting one side of the story, true? If they want, they can say no positive action on the DA’s request unless and until we hear from a, b and c, and see records d, e and f.

“The basis of torts, BTW is not motivation, but harm.”

Mal pros and abuse of process call for proof of certain facts as well as bad intent and harm. They are not easy to prove - often considered disfavored torts.

“Malice is simply an aggravating factor.”

Not in CA - there needs to be ulterior purpose for abuse of process and actual malice (wrongful intent to harm - scienter) for mal pros. No doubt this is also true in NC, which is probably a bit to the “right” of CA in this area.

“Some (mainly the lawyers that get to write the laws) get immunity. Others get personal immunity for the most part, like cops, but the town employing them suffers torts anytime a cop cruiser innocently slams into a family of 4 or a cop not so innocently pushes a homeless person giving them lip through a glass window.”

This looks generally correct, though there are immunity issues for public entities also. In the area of abuse of process and mal pros, I douibt that Nifong has any more immunity than the police. The public entity cannot be held liable for punitive damages, but the individuals generally can. They have insurers who would of course have a duty to defend, but the insurers have no duty (or right) to step in and pay a punitive damages award. That would be against public policy.

“If you look at the defense motions, particularly the May 25th and June 8th ones…little or no breath is wasted on Nifong. It is Inspector Human did this, inspector Human did that, Inspector Human and SGT Godlier disregarded X,Y,Z Federal civil rights and State statutes A&B as well as written police procedures AA, dd, and Ty.”

It looks not at all likely that Nifong will lose on June 22, unless the judge calls for an evidentiary hearing and hears some witnesses.

If there is a suit by EF&S, I cannot imagine them leaving Nifong on the sidelines. He has no more immunity, in my view, than the public entity or the police officers.

“Nifong may be publicly sweating, and politically sweating - but his name is not on the documents alleging legal misconduct (save for his sign-off on Kim Roberts no-bail agreement for probation violation that occurred right about the time her “rape could have happened” conversion from “it’s a total crock” happened.”

Nifong is the captain of the ship, yes? No doubt he is liable as a co-conspirator, if the officers are liable.

“No, the heavy charges and the implied heavy legal allegations are falling on Inspector Banjamin Himan’s shoulders.”

Himan probably knew better, but so did Nifong.

Bill: “Really , it is just unbelievable this case is going forward. We need a judge with some common sense to step in and end this thing by throwing out the line-up et al as the defense has requested.”

Unfortunately, the judge in the first hearing said he would hear administrative issues only. He would not rule on any evidentiary issues. He’d leave them for the trial judge.

On the Juan Williams NPR piece today, Juan talked about the trial being as early as this fall. I know that’s not what Nifong said (next spring!?!), but I guess it’s what we hope for now.

Hail, Belle… Your comments are dead-on! After all, she does seem to be looking for a way to “turn this situation to her advantage.” I would not be surprised if she did indeed pose naked for a men’s magazine…

Your comment in NO WAY refers to ALL black women… All black women are NOT like Kim. This particular woman has no credence or has any respect for others. If she were white, I’d say the same thing. PEOPLE like her are the scum of the earth…

Ok, lemme get my numbers straight here.

This stripper is making between $400 and $600 a night woorking for 3 or 4 hours total? Let’s say she works 5 nights-a-week.

That’s $156,000 a year. Also assuming she hasn’t been paying taxes on this income as she was receiving financial assistance, that is the equivalent of any of us making close to $275,000 a year.

Now we are supposed to feel sorry for this struggling mom?

Question: Like Al Capone, could her true payback come in the form of the IRS going after her for tax evasion. How about filing false financial reports to get government aid?

It also looks like Lewis Cheek decided to run against Nifong this fall.

http://www.newsobserver.com/1185/story/450763.html

UNK,

Tax Evasion = Underage Drinking?

Ur joking right. One is a felony and one is a misdemeanor.

I personally have known strippers who make between 600 and 2000 a night in clubs.

Stippers can make BANK my friend.

“Stippers can make BANK my friend. ”

It’s not worth arguing about, but any young woman considering stripping should consider:

– the average income, not just the best weekend night of the best stripper,
- Having to kick back some of the tips to the club owner
- that people and strippers often lie about their income or state their best day
- that today, striping oven involves nude lap dancing, which is more or less prostitution, which accounts for some of the high tips.

Lashawn,
Randy’s letter is GREAT. I have printed it out and will personally hand it to the Dean of the Arts and Sciences when he comes to Charlotte for a Duke Fund Raiser on the 26th. No answer, no money. Randy is right, enough is enough. I will also be giving the Board Members present a copy. I can’t wait to see the response. Will keep you posted. Kemp

Also, on the income of strippers, it appears that the strippers were skimping on security to save the $100 or so a bodyguard would cost.

Hiring bodyguards for private shows does add up and reduce strippers’ incomes.

What a pathetic commentary from US Today:

http://news.yahoo.com/news?tmpl=story&u=/usatoday/20060615/cm_usatoday/duketeamshowslackonintegrity

The accuser is the one who lacks integrity.

Nah, Nifong didn’t know. Remember, he NEVER READ THE RECORDS before he went public and called the lacrosse team “hooligans” and “thugs.” FINALLY someone on the defense has filed a motion showing some of the discrepancies in Nifong’s statements and matters of FACT. Apparently, Nifong went public with accusations BEFORE THE ACCUSER’S RECORDS WERE RELEASED FROM THE HOSPITAL! How could he have read the subpoenaed documents BEFORE they had been printed? He couldn’t have. Read it and weep here:

http://www.newsobserver.com/1185/story/450970.html

UNK:

“I hate to tell you, but just as congressmen rarely read all the thousands of pages they vote on, often DA’s and Judges don’t read much either.”

Agreed, but why was he so vehement in his assertions? Apparently, not only is Nifong incompetent, so is the entire DA’s office.

“I hate to tell you, but just as congressmen rarely read all the thousands of pages they vote on, often DA’s and Judges don’t read much either.”

Agreed, but why was he so vehement in his assertions?

They spin because they are lawyers and it’s an adversarial system.

Ninety-percent of the time, the accused is guilty and the law enforcement can safely say “we know they are guilty,” and most cases are plea bargained so why read up on the case.

One does not go into court saying “our case is based on a crazy woman’s testimony, and we would take any plea deal”

But even in civil cases, where the odds are closer to 50-50 both side will say the other side “is totally without merit” up to the day that they settle the case.

“Kim, who is not the brightest person in the world, can, without changing facts both honestly say:
Initially I thought that since she was gone five minutes, did not claim rape or show any other signs, I thought rapes took longer and the victim would act differently and I thought it was “crook.”
But after being “educated” by my feminist friends, I now think a rape could happen in 5 minutes and she could be in shock.”

UNK, I’d say her conversion on the Road to Damascus had less to do with feminists and more with her meeting with Nifong where he offered to blow off bail money for her numerous probation violations while slapping Duke defendents with million dollar bail demands (reduced to 400K).

The male attorney insisted that it is up to the court in Washington, D.C., to determine whether or not Collin violated his probabtion by being charged with another crime.

Perfectly logical by DC standards…

This was probably just part of the hysterical reaction to this case, which the DC courts will now have to wriggle out of without losing face.

(If sitting in a restaurant eating dinner is not enough to keep the probataion agreement with Washington, D.C., then there is no way at all for anyone to be able to keep that agreement.)

And I’m sure the Washington courts are so lacking in other cases and their judges have so much free time on their hands that they will be able to justify devoting tons of time to this case. (sarc/off)

Apparently Nifong’s campaign manager in the last election has now defected and is working
for his write-in opponent :

http://www.newsobserver.com/1185/story/451168.html

DURHAM - The local politico who coordinated District Attorney Mike Nifong’s Democratic primary campaign is helping mount a campaign against him.

Jackie Brown, Nifong’s campaign coordinator this spring, is listed as treasurer of the campaign committee that Lewis Cheek formally established Thursday.

Interesting thought,

What if the accuser truly does sufer from multiple personality disorder and is schizo?

It is feasible to think that in a drug-induced fantasy, one of her personalities which orginally sprang forth due to sexual abuse, actually believed she had been raped.

That may explain why she said she had, then she hadn’t, then she had, etc… It may just depend on which personality was in control at the time.

On the other hand, she could just be a damned liar, but there is some scientifc basis for my explanation here.

Nifong’s best out here is to say as follows:

“I believed the accuser’s testimony that she had been raped. However, it now appears based upon the preponderance of the evidence that the accuser suffers from schizo and multiple personality disorder.

Like you all, I was deceived by her tale simply because she herself actually believed it, although it appears now to have been a fantasy.

I am sad for everyone involved in this case and the harm that it has caused. I understand the accuser will be seeking professional help. As of this moment we are dropping all charges against these young men.

This is the beauty of our legal process. No matter how things seem initially, the truth eventually wins out…”

Utter BS, but I imagine it will go something like that.

“This is the beauty of our legal process. No matter how things seem initially, the truth eventually wins out…”
”

I would agree that the system works about 98% of the time, but the Duke boys may still be convicted. And if the boys were inner city blacks with the usual criminal record, they might not be able to defend themselves.

I would suggest that you skim Makr Fuhrman’s book, Death and Justice: from Amazon.com:

Former LAPD detective Fuhrman (Murder in Brentwood and Murder in Spokane) may not be an elegant stylist, but his latest book is a serious and alarming investigation of legal misconduct on a massive scale. In 2001, Oklahoma executed 21 death row inmates-more than any other state in the country-and 13 had been convicted by the same Oklahoma County district attorney, Bob Macy. Fuhrman sets the stage: A barrel-chested cowboy whose good-ol’-boy brand of frontier politics and hard-line stance on the death penalty earned him a handful of enemies but many more powerful friend……..

———————
Unfortunately, in murder and rape cases, no jury wants to let the guilty go free, so the false conviction rate can be significant.

UNK,

Geesh dude, that was satire. Didn’t you get that?

Lol. Good lord man.

LaShawn, may I encourage some of you to join me at Ruth’s Metro Blog or the Editors Blog at the N&O. Anyone appalled by the egregious misconduct of Nifong and the outrageous bias of the hometown press, might help those of us commenting there to hold Editor Sill and columnist (”We know you know”) Ruth Sheehan’s feet to the fire…as we try to do everyday. My post to Ruth Sheehan today is below. Anyone familiar with her March 26 column telling the team, “The silence is sickening” and “We know you know” will understand this woman was holding her torch high…right at the head of this witch-hunt. Any help appreciated.

Ruth, your columns often presume some form of moral authority, some well-honed wisdom of what is right and wrong…be it Walmart or awarding scholarships. We are now getting some insight into your own morality, your own standard of values.

Your children will learn when they grow older what the community knows now. That after placing yourself front and center of the witch-hunt, you slink in silence to the back of the mob now. Righteous and raucous, your voice at the beginning of this debacle was one of the loudest. “You’re a dead man walking” is shouted to other mothers’ sons, …based in part on your powerful words.

“We know you know.”

Any decent person would step forward now and admit…you DIDN’T KNOW ANYTHING. But you hide behind fluff and nonsense, cowering behind one “cutsey” column after the next. Go read that powerful, classic play “All my Sons” to see the only anti-hero to compare with yourself.. “Yes, in a way “,that man says “they were all my sons. ” Colin, Reade, and Dave.

Readers see your attempts to turn your eyes from your own responsibility. “Waaah! I get nasty E-mails!” How tragic. Is your child falsely accused of a crime, receiving death threats, facing life in prison? Too bad about the E-mails.

You post links to a website for the “sister survivor.”..but does not have the decency to link to one of the many that exist for the boys.

Please do not tell us you are waiting to see all the evidence. You were not waiting when you wrote “We know you know.”

Readers will remember your silence now, your inability to write the piece all of Durham and all of America knows you owe us. You are a coward. And in time your own children will know of your shame.

Ruth, the silence is sickening.

Bill, based upon your post (see snips below), I wasn’t sure if you understood the difference between Bipolar disorder and Schizophrenia. Hence, my response. However, this is what you wrote, so it does make one wonder if you do indeed know the difference…

Quote: “What if the accuser truly does sufer from multiple personality disorder and is schizo?

On the other hand, she could just be a damned liar, but there is some scientifc basis for my explanation here.”

No, I didn’t go to Brown, but sadly this is a story far too common. I was an RA before my incident and as the only male RA in the building I was asked to act as a resident’s advocate. He was a freshman, and he went to a party with a female hall mate. They got drunk, came back, and he did everything he could have, asked her over and over if she was sure. They had sex, and the next morning her boyfriend came to mind and he had raped her. I met with this boy, I spoke with him, he was not a rapist, he was a young man who made a decision that may have been unwise, but it was not wrong. I suspect that as date rape and alcohol intoxication rape get more prominant, men will become a growing factor, both as victims like this case, and as the raped victims.

Bill, I quoted you (post #95), and now you say I’m putting words in your mouth? I read your post and did not get the impression you were postulating. I give up… LOL!

I love cherry pie, but I don’t like cherry picking. Some people are trying to claim that the defense attorneys are cherry picking, but I don’t see it.

Much of the information Mike Nifong leaked wasn’t so much cherry picked as it was artificially made by him personally (i.e. date rape drug, his reasoning of no DNA match, etc…).

Maybe Nifong is just clumsy and trying to make a pie, which would explain why he has egg on his face.

http://www.fortwayne.com/mld/journalgazette/14826913.htm

Nifong, while most likely wrong is not that surprising to me – not that far from average.

What is surprising is that so many people are shocked, shocked, that people could be railroaded or victims of tunnel-vision prosecution in America.

It’s usually the “usual suspects” being railroaded, and the usual suspects, being criminals are not that very sympathetic. If a twice convicted rapist is railroaded for a third rape, who really cares.

Brian,

While it is common to run a “tox screen” when blood is taken from the victim during a rape examination, particularly when something along the lines of a rape which may have occurred under extreme intoxication or the surreptitious introduction to the victim of an intoxicating substance (or date rape drug if you prefer) is suspected, I don’t think it is a requirement of the exam process itself, at least not in my state.

North Carolina may be different, but I think Nifong was just casting about for a lifeline as he saw this worthless case going under when he mentioned she may have been given a “date rape drug”.

Well if the accuser did refuse the tox screen test than that should be on record as well but we have not heard anything about it. I’m no legal expert but even I know that a D.A. shouldn’t be offering speculative assertions to the public like Nifong shamelessly has in this case (hinting that a date rape drug was used and also the interview where he gave a physical demonstration how the rape occured and then offered that the accused might not have scratches if they wore long sleeves when NOBODY had on long sleeves in the documented photos). I don’t say this lightly when I say that this guy deserves to be disbarred and jailed for his handling of this case.

“It has been deleted by THE WHITE MAN several times due to the truth it speaks to America’s race problem and we’re sure will be deleted again soon. Get it while you can.”

America’s race problem starts with the 10,000 or so rapes blacks commit against whites every year.

Let’s deal with that first. Then we can discuss the white man’s deletion fetish.

“It has been deleted by THE WHITE MAN several times due to the truth it speaks to America’s race problem and we’re sure will be deleted again soon. Get it while you can.”

I would bet that the file was deleted because they did not want to pay for bandwidth, since they are using a free site:

This zSHARE Service Agreement (the “Agreement”) describes the terms and conditions on which zSHARE (”we”) offer services to you (”User”). By using our services, User agrees to be bound by the following terms and conditions:

We reserve the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system.

“America’s race problem starts with the 10,000 or so rapes blacks commit against whites every year.”

I am fairly sure this is a CRIME problem and not a RACE problem.

Blacks are busy shooting each other for the usual crime reasons such as turf wars and this is not racially motivated. I haven’t checked the numbers, but I think blacks are busy raping, bitch slapping and abusing mostly blacks.

Disclaimer - the criminal actions of some whites or blacks does not reflect on the entire group.