*** Scroll down for updates ***
The bond for Collin Finnerty, dangerous “rapist,” has been reduced from $400,000 to $100,000, according to The News & Observer.
In other news, Durham County Commissioner Lewis Cheek, another Democrat, has obtained enough signatures to challenge DA Mike Nifong on the November ballot.
Reade Seligmann’s attorney, Kirk Osborn, filled two motions last week:
1) Second Motion For Specific Discovery (PDF): The defense requests access to the accuser’s computer, Durham Access Center records, Duke University Hospital records, and other information. See this op-ed for background.
2) Motion For Bill Of Particulars (PDF): Reade Seligmann offers a “complete alibi” to the charges. According to the motion, the defense carefully reviewed Nifong’s discovery and claims it consists “mainly of extraneous, irrelevant material.” (Hence, the term “document dump.”) According to the discovery, no crime occurred, claims defense.
In order to prepare an adequate defense, Seligmann wants Nifong to turn over info on exactly where and when he contends the crime occurred, how the alleged rape was committed with another person, whether a dangerous or deadly weapon was used that the accuser reasonably believed was dangerous or deadly, who displayed or used it, etc. Download more motions here.
In other words, the defense wants specifics, and I’ll bet you $1 Nifong doesn’t have specifics.
Some journalist named Andrew Cohen wrote an op-ed called The Media Rush to Duke’s Defense, berating journalists for “tripping all over themselves to quickly and repetitively report the biased view of the young men’s defense attorneys, family members, and other supporters.” He must have been in a cave during the first weeks of the scandal, when journalists were tripping all over themselves to report Nifong’s every word, including his race pandering speeches. Tom Bevan of Real Clear Politics writes:
My beef with Cohen’s piece is that he makes only two passing references to Mike Nifong’s deplorable behavior at the start of this case when Nifong waded into the media frenzy and did more than seventy interviews, including at least a few where he touted the certainty that a rape had occurred…Just because Nifong subsequently decided (after his election was secured, of course) to unilaterally disarm and stop talking about the case with the press doesn’t mean the defense should have to surrender its right to discuss the case as well.
Mike Nifong set this whole thing in motion, based on the most egregious of motives. Unless some judge stops him, this case will go forward. I predict there won’t be a trial and Nifong will fall. Not that I enjoy watching others fail, but I look forward to reporting and documenting the fallout.
Bloggers: Robert KC Johnson blogs about the Group of 88, Duke faculty members who wanted to lynch the accused players the high-tech way (my characterization). Also see Johnson’s latest Duke post, which includes lots of links.
The Johnsville News has posted several updates.
Steve Levitt at the Freakonomics blog catches on:
She was shown the pictures one-by-one. The three players that she positively identified were the fourth, fifth, and seventh pictures that she saw. These are the only three positive identifications that were made…Statistically this is quite strange. The chance of any one player being positively identified is 3/46, or about .065. I did the calculations, and if the order of the pictures was randomly chosen, the probability that 3 of the first 7 pictures would be positive identifications is less than 1 in 100.
Update (6/30): “[I]t turns out that over 95% of those pages are worthless.”
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Steve Levitt is actually wrong. One of the three charged players was the 40th or 42nd (I can’t remember) slide that was shown. One of the three IDs of a player she made in the first seven slides was a player who was not charged.
I think it’s good news that Lewis Cheek likely has enough signatures on the ballot initiative to be a viable candidate in November. I imagine he’s been hedging about running for DA until the signatures are counted and validated. He’d be left with egg on his face if he was enthusiastic, yet came up short.
The N&O did a nice story on him a couple of days ago. It says he leans to the right even though he’s a registered democrat, although in the article, he looks more libertarian to me. I guess Durham is one of those places where everyone registers as a democrat regardless of your beliefs (I grew up in another such place).
I’m glad to see Finnerty got his bond reduction before he goes to trial in DC in two weeks. If that turns out badly for him, I doubt it would’ve been reduced after.
Nifong, Palistinians, John Kerry/Hil Clinton, Ahmadnejad/Hussein etc….
Most of the problems Man causes come about because of stiff necked pride. There is no humility. Racial pride is what got Hitler thinking he was better than Jews. He inflamed the racial prejudices of an entire nation. What put out those racial fires? Being humbled.
“Humble yourself in the sight of the Lord, and He shall lift you up.”
“God opposes the proud, but gives Grace to the humble.”
If you see someone’s pride getting him yammering about how his people are better than someone else, it might be wise to step off a few paces, as that person is headed for a fall.
Truly remarkable that Nifong to this point refuses to give the defense a specific version of the facts as he sees them – yet he continues to pursue the case proclaiming assurances that these young men are indeed guilty.
So in other words, they are guilty as sin, he’s just not sure what they are guilty of. The defense’s timeline is different than his timeline, but he doesn’t really know what his timeline is.
Kind of a moving target.
I heard that the judge who has been working on this case and is Nifong’s former boss, is going to be rotating out of Durham and a new judge who doesn’t know Nifong at all will be rotating in.
Maybe something will be done soon to end this travesty.
The stench of this case becomes ever more putrid. However, I am so grateful for the magnificent job being done by LaShawn to keep us current with EVERYTHING that is going on in Durham.
I heard an especially idiotic remark from some so-called expert on CNN the other night (no I do NOT watch it – but it plays in the background of my online solitaire game) – I swear to you, this is what she said:
“Well something must have happened. The prosecutor wouldn’t have filed all those charges if it hadn’t!”
This is the mindset people like Nifong rely upon. Dear merciful heavens.
Just a few more of the MANY questions to which Nifong and his cop-clowns must provide answers someday:
Why was the man in Picture #4 NOT indicted?
Why no follow-up questions of Precious when she stated that she thought #4 was a guy who “assaulted me, but I’m not sure”? No follow-up because the cops already knew #4 had an alibi? Just plain stupidity? These clowns had follow-up questions for the other men Precious identified, to clarify level of certainty, what the guy did to her, etc. It really seems to me like they steered her away from #4.
#3 What stopped the trouble with Hitler wasn’t that he humbled himself. It was that upon his clearly impending defeat and capture he, along with his lady, killed themselves in a bunker. No matter how you look at it. Maybe some other people need to learn when to give up (not necessary that they kill themselves) when they realize they’ve lost. *cough* Nifong *cough*
I think I have said “It cant get any worse for the prosecution” about ten times. I have been wrong ten times. I wont say it any more.
I found it refreshing that even on hip-hop blogs and boards there is an overwhelming belief that this woman is lying. I think black men think if it was a white woman accusing them and they had no DNA and a picture if himself across town at the time of a rape, and still the trial was proceeding…they would be MIGHTY upset.
This is beyond stupid. It is starting to look criminal.
Don’t forget that in the middle of all this, Nifong sent one of his sacrificial lamb flunkies to the Defense Press Briefing to loudly interrupt and declare that:
“He had seen all 1800 pages of the evidence and at NO TIME did the Accuser ever contradict herself!” (paraphrase)
Seriously, it just seems like utter madness to me.
Forrest Gump could have taught the Group of 88 and Nifong a lesson they apparently have not learned despite advanced degrees- “Stupid is as stupid does”.
Precious stated that one of the boys said to her, “Sweetheart, you can’t leave”, before they supposedly raped her. Doesn’t that sound like something right out of one of those “bodice rippers” cheesy novels? It almost sounds like a fantasy.
JC, where did you find the description of the photo lineup. In all the stuff I’ve reviewed, I’ve evidently missed this. Thanks.
Originally posted yesterday to the “Scottsboro” comments, my Letter to the WP Editor in rebuttal to Cohen’s hallucinations seems more appropriate in this location.
Andrew Cohen Proves Fools Don’t Always Rush In
After reading Andrew Cohen’s latest tripe suggesting a media “Rush to Duke’s Defense†(June 27th), one cannot but conclude that he has just awoken, bearded like Rip Van Winkle, and sauntered on over to have a looksie at what all this fuss in Durham is about. His base premise, that journalists “are tripping all over themselves to quickly and repetitively report the biased view of the young men’s defense…†when, “[u]sually, reporters breathlessly take everything prosecutors and the police say at face value, often to devastating effect upon criminal defendants,†could not be more uninformed, vacuous, misleading and ironic.
Cohen obviously missed the first month and a half of mainstream media coverage of this hoax. He obviously missed the breathless rush to publish and air every slanderous utterance of D.A. Nifong during his more than 70 press briefings within the first five days of the story breaking into the mainstream press. He obviously missed the breathless rush to convey to a nation Nifong’s “absolute certainty†that these privileged “hooligans†had committed the alleged crime. He obviously missed the breathless rush to report Nifong’s suggestion that the accuser was given a “date rape” drug on the evening in question, despite no blood work having been taken of the accuser at the hospital in the twenty four hours immediately following the alleged event. He obviously missed the breathless rush to televise Nifong physically acting out, with great dramatic flair, the manner in which the accuser was allegedly choked from behind, although she specifically denied having been choked to both the SANE nurse-in-training and the investigating police officer at the hospital. He obviously missed journalists “tripping all over themselves” to report Nifong’s smug dismissal of the importance of DNA results to the strength of his case with the assertion that DNA evidence would not be likely to be found if the attackers used condoms. Turns out that the accuser has specifically denied condom use by her attackers at the time of the alleged event. He obviously missed the repeated airings of the “Wanted Poster,†which referenced both the Durham Police Department and local CrimeStoppers organization, bore the team “mug shots†of 43 white players, and urged them all to “Please Come Forward.†He obviously missed the television footage of lacrosse players entering the Durham Police lab to voluntarily submit their DNA samples. While their heads were covered under advice of counsel to avoid individual identification in media airings, they nonetheless appeared, in the skewed aired snippets, every bit guilty rapists. Cohen obviously missed Nifong’s Blitzkrieg pandering to the black community in advance of his primary election, his suggestion that the players were hiding behind their rich “daddies,” and his vow not to allow “some Duke lacrosse players raping a poor black girl” to be the nation’s impression of Durham. Cohen obviously missed the laughable, if innumerable, media pieces virtually equating the “criminal†team behavior of open-container possessions and public urination with a predisposition to rape.
The mainstream media did in this case exactly what Cohen says it “usually does…to devastating effect upon criminal defendants.†Too bad Cohen missed it.
Only now, as it becomes clearer by the day that the remaining “certainty†regarding Nifong’s Folly is its ultimate dismissal on motion for lack of prima facie proof, is the media “tripping all over themselves†to wipe the egg off their collective faces and get it right.
Michael F. McCusker
Franklin Lakes, New Jersey
Hi Greg, re: your post #12, here is a link to the entire transcript of (one of) the photo lineup(s)…sorry I don’t know how to embed a link here, so I’ll just copy the whole web address:
http://www.wral.com/slideshow/dukelacrosse/9141851/detail.html?qs=;s=1;w=800
This includes a write-up of the preparation of the photo lineup as well as a transcript of Precious’s and the officers’ comments as the lineup proceeded. It’s 15 pages long.
Doesn’t it seem odd that they just move on from #4? Very weird. I guess maybe if there’s a video of this process, it can be explained by the gestures of the participants.
Oh, I see the web address automatically becomes a hyperlink. I’m better at this than I had thought!
A WORSE legal case than Scottsboro
While most of the Scottsboro Boys were falsely convicted and served years in jail or prison, the “evidence†in the Duke case makes the “evidence†in the Scottsboro case look great.
In the Scottsboro case there was:
TWO accusers
Who told CONSITENT stories
And who were not DRUNK/High/Delusional
And at the time, it was not obvious that the story was made up as a fear of being arrested for vagrancy or other crime.
The criminal science in the 1930s could not prove or disprove a rape.
No identification problems since the Scottsboro Boys were arrested on the train.
Is it “acting white†if one studies in African American Studies????
I’m glad to see Finnerty got his bond reduction before he goes to trial in DC in two weeks. If that turns out badly for him, I doubt it would’ve been reduced after.
He’s going to be acquitted.
Lashawn,
Much thanks for the continued coverage of this outrage. Fox had a group of women on last night on H&C, Hanny is on vacation, and these women were idiots. Colmes seems to think this is a political trial and all liberal must back Cyrstal or be racists. I don’t get it, I thought all liberal assumed “the Man” was always wrong and the accused were always innocient.
By the way, did anyone find out if the report, that the WPTF guy gave, saying the id motion would come up on the 5th is true? Kemp
What does Nifong have to lose? He can’t withdraw at this point unless he has a lucrative Mary Kaye Cosmetics contract lined up.
The little lady of obvious virtue (?) can decide she can’t go through the stress of the trial. (The murmur you hear is Nifong praying.)
Nifong can go to court and fight a change in venue.
If he is soundly thumped, is Nifong really damaged in his district? That outcome lies with whether the race card trumps common sense. Think O.J. When people think with their skin, all bets are off. Ask Jimmy the Greek.
Nifong ought to be SOL no matter what. At this point, unless (and potentially even if) it turns out that there’s a video of the rape with every person involved showing 2 forms of ID before they go after her, he has spoken out of turn and out of school. He has shown that he has no professional poise and according to some, no professional ethic. I hope he’s disbarred for pushing this case through and putting on the show he did at the start.
The following link
shows that the NC attorney general does indeed have the ability to intervene in this case; there are criteria for such an intervention, and this case
meets them (as discussed at the link).
So, Mr. Cooper, the ball is in your court. . .
JC, thanks for the link. And, yes, it does seem odd that they didn’t pursue discussion of #4 any further than just for her to say he looks like (blank) who assaulted me. Remarkable the number of folks she doesn’t recognize, yet they all had to give DNA.
It might be very fortunate for Player #4 that she picked Player #7 (Seligmann) because Player #4 might not have had ATM receipts and a cab driver to back up his alibi. Probably a good thing for a lot of those kids that she picked out Player #7. Though not so good for him.
And what’s this I’ve heard that Finnerty also has an alibi. I’ve seen the filing linked in the above story that indicates Seligmann is notifying the prosecution of his planned alibi defense. Has Finnerty filed something or how is it that people know he plans an alibi defense? I haven’t seen that published anywhere and I’ve tried to follow most of the links along the way.
Thanks all.
Was there ever any justification given by the DA for putting off trial for a year? Anyone know? I mean it’s not like they have a lot of ducks yet to get in a row (good grief, they’ve already convinced a grand jury to indict, afterall). Why would they not be ready to go, like, now? Is it prudent to allow such obviously guilty sex offenders to run around at large on bond where they could conceivably attack again? I would think a prudent DA would want to get such perps locked up as soon as possible, so why the delay … unless … no, it just couldn’t be … is it possible Nifong thinks these guys are (shock) innocent? (:O
Nifong is probably thinking if he drains the innocent boys’ families of as much money as he possibly can, they won’t have the resources to sue him for malicious prosecution.
And he’s relying on the blind racist bigotry of blacks wnating these boys prosecuted whether they’re guilty or not to save him in the general election this November
“And what’s this I’ve heard that Finnerty also has an alibi.”
Apparently he has an alibi to cover the entire night, with eye witnesses, receipts, phone calls, and a card swipe from his dorm. His attorney will not make this evidence public; but his parents were on the TODAY show and apparently said something like this.
Can Nifong be sued for civil damages? Normally a DA has immunity, but not always :
http://writ.news.findlaw.com/commentary/20060630_spilbor.html
” . . . in Buckley v. Fitzsimmons, the Supreme Court held that a prosecutor was not absolutely immune from civil liability for false statements made in a press conference and for other pre-trial investigative conduct; in that case, only “qualified immunity” applies.
“the conduct of a press conference does not involve the initiation of prosecution, the presentation of the state’s case in court, or actions preparatory for these functions.”
Ryan McFayden reinstated at Duke after his unfortunate e-mail. Kind of unprecedented to suspend a kid for distasteful comments in a private e-mail. Glad to see Duke come to its senses.
http://www.washingtonpost.com/wp-dyn/content/article/2006/06/29/AR2006062901869.html
Finnerty’s attorneys are wise to withhold the specifics of his alleged alibi, at this point. I guess Seligmann’s attorney’s figured that they could end this farce quickly for their client by unveiling his solid alibi. They must have assumed (wrongly, it turns out) that Nifong would act rationally when confronted with the alibi.
At this point, it is good not only for Finnerty, but also for Evans and Seligmann, for Finnerty’s alibi to be kept a secret from Nifong. He’s got to structure his story to overcome Seligmann’s alibi, without knowing if in doing so he is simultaneously bolstering Finnerty’s alibi. [ROCK - Nifong - HARDPLACE.]
Finnerty’s parents’ comment on his alibi:
http://www.wral.com/apncnews/9452307/detail.html
Does anyone know the terms of Crystal’s prior probation? If she was arrested again, what would have happened to her?
Since her family and friends say she has gone “underground” and they hardly hear from her, is she reporting to her probation officer? Does Crystal call in or does she see her/him in person?
Another Nifong-Bushfan case?
(Please remember, there may be absolutely no similarity or curious doings here. But this pair have brought it on themselves if they are
now subject to intense public scrutiny)
http://www.herald-sun.com/durham/4-748421.html
“During a hearing Wednesday, lawyer Mark Edwards told Chief District Judge Elaine Bushfan that the auditor’s complaint against Barros is so vaguely drawn that it doesn’t give him a fair chance to prepare a defense.
Bushfan declined to act on the dismissal motion immediately, instead saying she’d hear arguments on July 12 after prosecutors in District Attorney Mike Nifong’s office have had a chance to ponder their response.
http://www.newsobserver.com/145/story/450793.html
Eze (the complaintant in the above case; apparently a Nigerian immigrant?) appears to have a history of using the legal system to settle scores. Court records show he told a magistrate in 1995 that four people were stalking and harassing him. Based on Eze’s statements, two people were arrested, but a prosecutor later dismissed the cases. Arrest warrants for the other two were never served.
What I would like to see in the case of showing the plaintiff the photos is to mix the photos up and show them all to her twice as well as showing her non-students who fit the description of these young men. I would be willing to bet that she would not be able to pick the same 3 out both times.
Dick: “I would be willing to bet that she would not be able to pick the same 3 out both times.”
Isn’t that why the police had to have as many as six lineups with the accuser? She likely couldn’t pick the same people twice. Eventually, three weeks after the assault, she becomes certain of her ID? Sounds fishy to me.
Greg #25:
Thomas Sowell wrote a very eloquent column on that very premise at least a month ago. “Justice delayed is justice denied.” No matter which side you’re on, it’s bad. Bad to let rapists run around loose for a year, bad to tie up innocent students for a year.
“I would be willing to bet that she would not be able to pick the same 3 out both times.â€
Having seen the photos once and made an ID, even honest witnesses THINK they remember the person from the crime and not the line up, which is why a new fair ID can’t now be made. A dishonest person could try to keep their story straight.
Well this is one person who leans liberal who thinks Crystal/Precious (yer freakin’ kidding me, right?) is a lying …
And yes, Finnerty’s parents are not playing the cars they (and the defense) have, but apparently it also wreaks havoc on Nif(wr)ong’s case. Good.
Now Precious should have to do some prison time for the emotional and mental rape of three guys that had nothing to do with her obvious promiscuity (her “abrasions” apparently were so mild they could come from consensual sex, which she apparently had a lot of that week.)
It was funny watching the “New Black Panthers Party” marching in a Durham neighborhood looking like a bunch of fools. It’s sad that race hustlers, dumbed down blacks, class warfare advocates and others want to completely ignore the evidence that is coming out in this case. It has become a case of “guilt until proven innocent”. If you say anything remotely suspect about the stripper, your branded a racist. If you black and question her, you labeled a sellout. If she drops the case, then her legions of lemmings will say it was a conspiracy. Talk about living in a bizzaro world.
EVERYONE Should Judge And Be Judged On Character, Not Color
By Michael J. Gaynor – Jun 30, 2006
http://www.michnews.com/artman/publish/article_13283.shtml
What is the legal fallout for Nifong, Durham, etc. when it is proved that this was a sham from the beginning and the boys reputations have been irreparably (sp?) damaged?
Is this actionable?
“What is the legal fallout for Nifong”
The DA can be sued civilly if his actions–outside of his offical investigation–resulted in defamation, etc. His press conferences were by definition outside of what he needed to do as part of his investigation (they were purely voluntary) and so he can be sued at least for that.
However, that would mean the defendants would have to live with this case for a few more years, and they might just prefer to have it over with and behind them as soon as possible.
A great many of the other actors in this drama ought to be sued also; but that presents the same problem.
The criminal penaly for making a false accusation is not particularly great (it may even be a misdemeanor, though I am not sure).
The penalty for malicious prosecution, for witness intimidation (the cabbie and perhaps others), giving a judge false info in requesting a warrant,etc.,
may result in greater penalties (witness intimidation is a felony), but Durham may not care too much about such things.
(For example, Judge Stephens had the chance to declare the warrant he issued invalid once he knew it was based on false statements–and end the case right there–but he declined to do so. So all of the injustice and grief which this case will cause from that point onwards can also be laid at his door.)
Can Judge Stephens end the case on malicious prosecution, witness intimidation, giving the judge false information?
Judge Stephens is out of it now; it’s in the hands of the trial judge.
The trial judge could declare the photo ID invalid (hearing, I think, now set for July 18th?) which would in effect end it because Nifong has no other evidence besides the photo ID. (Odd, for a DA to bring a case on so little evidence–and flawed evidence, at that).
But will any judge in Durham have enough courage to do the right thing? We’ve been disappointed twice already (Stephens and Bushfan)–and thrice if you count the fact that the DA should have looked at the exculpatory evidence and then refused to bring charges.
Is this new judge in Durham going to be any better? Or just pass the rotten potato on to other hands (i.e., take the easy road and let it go to trial, and he can try and tell himself forever afterward wasn’t really his responsibility any longer).
Seahawk,
Remember, Judge Titus is a circut court judge, rotated in and not up for re-election in Durham county. He won’t give a damn about Durham. I think one of the previous posts listed his back ground, don’t remember how far back that was. Where did you hear the July 18th date? and what happened today, there was suppose to be some hearing? Lashawn help us out here. Happy 4th. Kemp
and what happened today, there was suppose to be some hearing?
The hearing that was supposed to be held today was postponed until mid-July because of the holiday.
There is a small, small chance, that a Judge Horton type will step up and end this charade then (but I’m not getting my hopes up. . .)
NOW Hear This: Don’t Be Obtuse.
http://crystalmess.blogspot.com/
Finally, Bennett and Hopper are most disturbed that this case seems, to them, to be covered merely for its Entertainment Value — but a “movie of the week” characterized by an “insensitive portrayal of the women involved.” “By turning a rape case into a story, the reality of rape, and the threat it poses for women, is removed.”
The media didn’t do that, gals. Crystal Gail Mangum did.
More Duhram follies :
The ex-husband of the AV, her current boyfriend, and another friend, have all been arrested since this case began. The first two of these are currently in jail, where they cannot talk to anyone nor give statements (although the defense investigators might already have talked to them).The third is awaiting trial.
Then add the arrest of the taxi driver on an expired warrant to that number.
Plus, consider the mysterious absence of the Durham chief of police (sightings of him are about as rare as those of Bigfoot). And remember that his daughter has had trouble with the law.
Is there an intimidation factor at work here? Or all all this police activity concerning people around this case merely coincidence?
Put it all together and something starts to smell rotten in N. Carolina. . .
You can add to that that Kim’s ex-husband was also arrested and held for a few days.
Can you spell, “intimidation”?
From what I understand, there is even more wierdness coming.
Durham is on a planet all its own. . .
The voter registration is worse than Texas (more confused, more inept, and more cases of the dead rising again on election day and walking, zombie-like, to the polls); and
the names on the AV’s cell phones are rumored (strictly rumor so far, people, so be warned this is just speculation) to be interesting .
If this were a soap opera, I would consider it just bad writing; but this is, unfortunately, real life.
“The ex-husband of the AV, her current boyfriend, and another friend, have all been arrested since this case began. …..
Is there an intimidation factor at work here? Or all all this police activity concerning people around this case merely coincidence? ”
Merely Coincidence is likely. In some social groups – people just don’t show up for court and have warrants out for their arrest. Not to mention, they are likely involved with prostitution and drugs if they are friends of the AV.
I have an untested theory on this and the wanted poster problem. Even if blacks commit half of the murders in a community, blacks are more likely to run and have the street smarts and connections to survive longer than white murders. This means that the vast majority of “wanted†murders are black.
This would also explain why blacks are more likely to be confused with a wanted person and falsely arrested – racist police is the PC explanation.
“The voter registration is worse than Texas ”
Can Duke students vote or are they outside the city limits????
IF Duke students can vote or be on the jury, it would be like Scottsboro where blacks were kept off jury.
“Merely Coincidence is likely.”
Hmmm. . . was the arrest of the taxi driver by investigators working on the rape case also a coincidence? (in fact, a double coincidence?)
“Can Duke students vote or are they outside the city limits????IF Duke students can vote or be on the jury, it would be like Scottsboro where blacks were kept off jury.”
Duke students can vote if they re-register in Durham. But that means they cannot vote in their home states (which is where most of them probably want to vote.)
As for the jury, if there was ever a case where a change of venue was required, this is it. (Remember that the entire purpose of having a jury is to protect the one who is the accused.)
A jury should therefore be composed of those of the defendant’s own social class (according to English practice), as a last ditch stand against a repressive government.
(In this case, a repressive PC culture might be the same thing.)
There is no provision for a jury to be made up of the victim’s peers; or to reflect some kind of ‘community interest’ in the case. The jury protections are only there for the man accused of a crime, to see he does not get railroaded.
Ditto, btw, for the grand jury. But we’ve seen how little that means anymore.
And I have to wonder if any judge in Durham will be able to find the needed courage to go against very strong local popular opinion if he has to rule on that issue.
“find courage to go against very strong local popular opinion”
Duke and NCC together should conduct an accurate opinion poll
(duke is durham’s largest employer – it’s not all us against them)
Anymore about AV’s cell phone / names / interesting?
“Duke and NCC together should conduct an accurate opinion poll”
Well, there’s 88 Duke professors against, already. (”Poll? We don’t need no stinkin’ poll!”)
“Anymore about AV’s cell phone / names / interesting?”
It is said that one newspaper in Durham knows these names, but won’t print them. (But it raises the question, if these people have sufficient clout and position to be able to influence the case–aiming to hide their own ivolvement with local area prostitutes.)
With all the inbred Durham goings on, What has happened to the Defense Motions, the latest being the Bill of Particulars, and Specific Discovery discussed above? In NC is there such a thing as a Motion Hearing, or can they be filed in Drawer 13 and ignored?
There were Defense motions? Who knew?
(Maybe by 2007. . .)
From another site :
Many sites are now saying that the AV’s …best friend (female) named LaJuana has been arrested and is jail unable to post bond. Word from Durham is that she was looking for $25,000 for a story about the False Accuser. One of the Investigators in the D.A.’s office brought her up on worthless check violations and some other charge. Her story is locked up with her now, and certainly no one will pay her now that she’s damaged goods
I think the evidentiary motions filed by the defense are put on hold until they can be ruled upon by the trial judge. A trial judge won’t be assigned for some time yet.
Then again, it’s looking like this might not ever come to trial. It appears that Lewis Cheek WILL get on the ballot in November. He’s going to get a lot of the “anybody but Nifong” vote. I suspect a lot of Dukies WILL register this year to vote in Durham.
Meanwhile, the following group is probably eligible for some of your Federal Tax dollars :
http://onecommunityofmany.blogspot.com/
UBUNTU
(note : there is actually a rather nice linux distribution called “Ubuntu”–no relation to this group, though. . .)
“UBUNTU was born in the aftermath of the March 13, 2006 rape of a Durham, NC Black woman by members of the Duke University Lacrosse team.
(note : this statement may be actionable, as there is no legal determination that there was actually a rape as yet.)
“UBUNTU is a Women of Color and Survivor-led coalition of individuals and organizational representatives. . . We are Women, Men, and people who do not fit into the gender binary. We are non-trans and trans. We are People of Color, Multi-racial, and White. We come from throughout the Triangle area (i.e. Raliegh Durham) and have roots both within and outside of the United States. We are sex workers, students and community members. We are workers. We are Lesbian, Gay, Bisexual, Two-Spirit, and Questioning. We are Queer and Straight. . .
“Sexual violence occurs in a culture sick with white supremacy and racism; heterosexism and homophobia; patriarchy, sexism, and transphobia; and poverty and capitalism.”
(AFAIK, if Federal grant money does come to this organization, it will be the only Federal response thus far to events in Durham.)
Geez, ‘hawk, how’d you stumble across that UBUNTO stuff? You just gotta know they’re moonbat loony when they start blaming capitalism for their woes!! (I can hear ‘em now: “SHREIK!!! I’ve been sexually assaulted by a … (swoon)… CORPORATION!!!”)
How can any sane, reality-connected individual take a group like that seriously? Their drivel just oozes down off the screen into a fetid little puddle below the monitor….
biting commentary :
LINK
“The comparison of what happened with (Tawana) Brawley and what has occurred in Durham is instructive, only in that it tells us that players in the press and in the “justice” system have learned nothing in the past 18 years.
(snip)
“If the legal nightmare for Seligmann, Finnerty, and Evans really does end, it will not be because “the system works.” It will be because bloggers, attorneys and a few heroic journalists made sure that the “legal” system did not work. We can only hope that Tawana Brawley II ends as did Tawana Brawley I: that despite the best efforts of the lying state “justice” apparatus, the truth was exposed anyway.”
Hearings Scheduled For Monday In Duke Lacrosse Rape Case
http://www.wral.com/news/9482602/detail.html
Still more Durham follies. . .
Kim (the second dancer) appears to have received a suspended sentence for something. Strange, however, that there is no record of her having been before a judge lately. So either she went in secret before a judge or something else unsual took place.
Was there a secret hearing? Is that legal? Part of a deal?
Note : the players’ dates of hearings are not kept secret–even though there are threats against them.
You can check the details at URL:
(deleted)
Choose “Durham County” and also chose “Both”
Enter the defedant’s last name (if you include the first name, type the last name and add a coma BUT LEAVE NO SPACE and then the first name)
Correction: the right URL is :
http://www1.aoc.state.nc.us/www/calendars/Criminal.html
Funny.
I can get there by typing that (second) URL into my browser; but not from the link.
LaShawn? (help!)
No clue. I get a “Can’t find server” error message. – Admin
Later…I went to the main page, found the one you linked to, and copied and pasted the URL into your previous comment, and deleted the original. Seems to be working now. – Admin
LaShawn, thanks!
I see that the three players are also charged with “kidnapping”.
I wonder what Nifong’s transportation of the AV around the state, and across state lines, might be called?
Re: Registering To Vote (Duke Students and all others)
Just saw that Finnerty was convicted in the DC assault case. Never made contact with the guy. Threw “fake” punches that stopped “near” his face. It scared him.
Here’s a link to Finnerty conviction:
http://www.usatoday.com/sports/college/lacrosse/2006-07-11-finnerty_x.htm?POE=SPOISVA
Prosecutors had initially agreed to drop the assault charges against Finnerty as part of a special program for first-time offenders. But they decided to go to trial after Finnerty was arrested in the North Carolina rape case.
Above is from the story linked on the previous post…I love how they can decide to press charges based on a completely baseless arrest.
The postings here seem devoid of any compassion, and leave me feeling dissapointed in this grotesquely antagonistic society.
#74- Kathy, most of us have an abundance of compassion…..for the falsely accused players. Some of us have a minute amount of compassion for the accuser and her need to tell this story. Please, don’t be disappointed in this “grotesquely antagonistic society”, rather be happy that there are some in this society who speak up about an injustice.
#60 – Many sites are now saying that the AV’s …best friend (female) named LaJuana has been arrested and is jail unable to post bond. Word from Durham is that she was looking for $25,000 for a story about the False Accuser. Is she out?
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