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	<title>Comments on: Duke Rape Case: Accuser Used Phone During &#8216;Rape&#8217; Timeframe</title>
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		<title>By: Seahawk</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73579</link>
		<dc:creator>Seahawk</dc:creator>
		<pubDate>Mon, 17 Jul 2006 12:08:29 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73579</guid>
		<description>DNA clears another one 

&lt;a href=&quot;http://www.blackamericaweb.com/site.aspx/bawnews/newton713&quot;&gt;link&lt;/a&gt;

&lt;i&gt;It&#039;s been one stop after another for freed inmate Alan Newton, who was released from prison last week after 22 years in jail for a crime he did not commit.

After a week of parties, picnics and public appearances, Newton, a former bank teller from the Bronx, is adjusting to life on the outside after DNA testing cleared him in the vicious rape and beating of a Bronx woman whose shaky identification sent him away for nearly half his life.

(snip)

It didnâ€™t matter that his alibi was tight: Newton had seen a movie with his fiancee and spent the night. Newton was convicted and sentenced to up to 40 years on the charges.
&lt;/i&gt;

Wonder if we&#039;ll have to wait 22 years to clear the Duke players--wait! They&#039;ve already had their DNA 
testing--that means they can be cleared now, right? (sarc/off)</description>
		<content:encoded><![CDATA[<p>DNA clears another one </p>
<p><a href="http://www.blackamericaweb.com/site.aspx/bawnews/newton713">link</a></p>
<p><i>It&#8217;s been one stop after another for freed inmate Alan Newton, who was released from prison last week after 22 years in jail for a crime he did not commit.</p>
<p>After a week of parties, picnics and public appearances, Newton, a former bank teller from the Bronx, is adjusting to life on the outside after DNA testing cleared him in the vicious rape and beating of a Bronx woman whose shaky identification sent him away for nearly half his life.</p>
<p>(snip)</p>
<p>It didnâ€™t matter that his alibi was tight: Newton had seen a movie with his fiancee and spent the night. Newton was convicted and sentenced to up to 40 years on the charges.<br />
</i></p>
<p>Wonder if we&#8217;ll have to wait 22 years to clear the Duke players&#8211;wait! They&#8217;ve already had their DNA<br />
testing&#8211;that means they can be cleared now, right? (sarc/off)</p>
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		<title>By: Greg</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73572</link>
		<dc:creator>Greg</dc:creator>
		<pubDate>Mon, 17 Jul 2006 03:22:03 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73572</guid>
		<description>UNK says at #75: &quot;I donâ€™t know if itâ€™s protected by federal privacy laws, but itâ€™s really third-rate police work at this stage in the game and close to trying to frame the usual suspects - the ones with records.&quot;

Of course, UNK, that&#039;s a gigantic leap from the 10th rate police work we&#039;ve seen to date.  ;)</description>
		<content:encoded><![CDATA[<p>UNK says at #75: &#8220;I donâ€™t know if itâ€™s protected by federal privacy laws, but itâ€™s really third-rate police work at this stage in the game and close to trying to frame the usual suspects &#8211; the ones with records.&#8221;</p>
<p>Of course, UNK, that&#8217;s a gigantic leap from the 10th rate police work we&#8217;ve seen to date.  <img src='http://lashawnbarber.com/wp-includes/images/smilies/icon_wink.gif' alt=';)' class='wp-smiley' /> </p>
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		<title>By: Lisa M.</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73556</link>
		<dc:creator>Lisa M.</dc:creator>
		<pubDate>Sun, 16 Jul 2006 22:28:26 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73556</guid>
		<description>Re: the quote from &quot;To Kill a Mockingbird&quot;   - how incredible to see a current event so perfectly described.
Some courts are basically just theaters with the best performance determining the winner and some judges just follow the path of least resisistance and allow cases to proceed to trial rather than risk standing up and judging whether a case has merit.  Looks like the Durham system fits the above.....
Nifong&#039;s smoking gun(s) will be the jurors he can whip into an emotional frenzy...the ones he can count on to make decisions with their &quot;gut&quot;, their race, their emotions rather than their intellect.  He is confident in his ability to maximize the theatrics and confident a Durham jury will contain the sort of intellectually lightweight patsies he needs for this trial strategy...evidence, or lack of it is irrrelevant and he knows it.  He has already demonized the boys and cast doubts on the defense news items by sneering about &quot;spin&quot;, now all he has to do is arrest and isolate all of the people who could damage his &quot;Precious&quot; by opening up about the sordid and pathetic reality of her life.  He must keep that jury pool amenable to his portrait of her as a devoted single mother and college student victimized by &quot;wolves in blazers&quot;.  A few months of detox, some serious scouring and a wardrobe change and she just might pass for a lamb.  Or at least a sheep.</description>
		<content:encoded><![CDATA[<p>Re: the quote from &#8220;To Kill a Mockingbird&#8221;   &#8211; how incredible to see a current event so perfectly described.<br />
Some courts are basically just theaters with the best performance determining the winner and some judges just follow the path of least resisistance and allow cases to proceed to trial rather than risk standing up and judging whether a case has merit.  Looks like the Durham system fits the above&#8230;..<br />
Nifong&#8217;s smoking gun(s) will be the jurors he can whip into an emotional frenzy&#8230;the ones he can count on to make decisions with their &#8220;gut&#8221;, their race, their emotions rather than their intellect.  He is confident in his ability to maximize the theatrics and confident a Durham jury will contain the sort of intellectually lightweight patsies he needs for this trial strategy&#8230;evidence, or lack of it is irrrelevant and he knows it.  He has already demonized the boys and cast doubts on the defense news items by sneering about &#8220;spin&#8221;, now all he has to do is arrest and isolate all of the people who could damage his &#8220;Precious&#8221; by opening up about the sordid and pathetic reality of her life.  He must keep that jury pool amenable to his portrait of her as a devoted single mother and college student victimized by &#8220;wolves in blazers&#8221;.  A few months of detox, some serious scouring and a wardrobe change and she just might pass for a lamb.  Or at least a sheep.</p>
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		<title>By: UNK</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73553</link>
		<dc:creator>UNK</dc:creator>
		<pubDate>Sun, 16 Jul 2006 21:11:02 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73553</guid>
		<description>I found this on the homepage of MSNBC most recommended stories:

http://www.msnbc.msn.com/id/13890428/from/RS.5/

&quot;Attorneys for the uncharged players want to prevent District Attorney Mike Nifong from gaining access to Duke records of the home addresses of uncharged team members and records of their use of student identity cards. The lawyers argue the information is protected by federal privacy laws. &quot;

I don&#039;t know if it&#039;s protected by federal privacy laws, but it&#039;s really third-rate police work at this stage in the game and close to trying to frame the usual suspects - the ones with records.</description>
		<content:encoded><![CDATA[<p>I found this on the homepage of MSNBC most recommended stories:</p>
<p><a href="http://www.msnbc.msn.com/id/13890428/from/RS.5/" rel="nofollow">http://www.msnbc.msn.com/id/13890428/from/RS.5/</a></p>
<p>&#8220;Attorneys for the uncharged players want to prevent District Attorney Mike Nifong from gaining access to Duke records of the home addresses of uncharged team members and records of their use of student identity cards. The lawyers argue the information is protected by federal privacy laws. &#8221;</p>
<p>I don&#8217;t know if it&#8217;s protected by federal privacy laws, but it&#8217;s really third-rate police work at this stage in the game and close to trying to frame the usual suspects &#8211; the ones with records.</p>
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		<title>By: TaterCon</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73547</link>
		<dc:creator>TaterCon</dc:creator>
		<pubDate>Sun, 16 Jul 2006 13:14:44 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73547</guid>
		<description>For your Sunday morning reading, from the Raleigh News &amp; Observer:

http://www.newsobserver.com/102/story/461187.html

Titled:  &quot;Lacrosse Defense Sways Media&quot;

Not many new insights, but in trying to have a &quot;balanced story&quot; the writer does all she can to make the defense evidence look like &quot;defense spin&quot; that&#039;s &quot;playing the world like a violin...&quot;

Lotsa quotes from law professors and media types who are more than pleased to offer lotsa quotes.
Kinda shows their stripes ... as folks who don&#039;t want to worry about the potential veracity of emerging information, so long as they get to keep offering lotsa quotes.</description>
		<content:encoded><![CDATA[<p>For your Sunday morning reading, from the Raleigh News &amp; Observer:</p>
<p><a href="http://www.newsobserver.com/102/story/461187.html" rel="nofollow">http://www.newsobserver.com/102/story/461187.html</a></p>
<p>Titled:  &#8220;Lacrosse Defense Sways Media&#8221;</p>
<p>Not many new insights, but in trying to have a &#8220;balanced story&#8221; the writer does all she can to make the defense evidence look like &#8220;defense spin&#8221; that&#8217;s &#8220;playing the world like a violin&#8230;&#8221;</p>
<p>Lotsa quotes from law professors and media types who are more than pleased to offer lotsa quotes.<br />
Kinda shows their stripes &#8230; as folks who don&#8217;t want to worry about the potential veracity of emerging information, so long as they get to keep offering lotsa quotes.</p>
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		<title>By: Seahawk</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73539</link>
		<dc:creator>Seahawk</dc:creator>
		<pubDate>Sat, 15 Jul 2006 20:16:41 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73539</guid>
		<description>&lt;i&gt;(Atticus Finch delivers his Closing Argument at the Trial of Tom Robinson)&lt;/i&gt;

&quot;To begin with, this case should never have come to trial. The State has not produced one iota of medical evidence that the crime Tom Robinson is charged with ever took place. It has relied instead upon the testimony of two witnesses whose evidence has not only been called into serious question on cross examination, but has been flatly contradicted by the defendant. . . 

I have nothing but pity in my heart for the Chief Witness for the State. She is the victim of cruel poverty and ignorance. But, my pity does not extend so far as to her putting a man&#039;s life at stake, which she has done in an effort to get rid of her own guilt. . . 

The witnesses for the State, with the exception of the sheriff of Lincoln County, have presented themselves to you gentlemen -- to this Court -- in the cynical confidence that their testimony would not be doubted. . .

Now I am confident that you gentlemen will review without passion the evidence that you have heard, come to a decision, and restore this man to his family.

In the name of God, do your duty. In the name of God, believe Tom Robinson.&quot;
(kudos to Friends of DU for posting this originally)</description>
		<content:encoded><![CDATA[<p><i>(Atticus Finch delivers his Closing Argument at the Trial of Tom Robinson)</i></p>
<p>&#8220;To begin with, this case should never have come to trial. The State has not produced one iota of medical evidence that the crime Tom Robinson is charged with ever took place. It has relied instead upon the testimony of two witnesses whose evidence has not only been called into serious question on cross examination, but has been flatly contradicted by the defendant. . . </p>
<p>I have nothing but pity in my heart for the Chief Witness for the State. She is the victim of cruel poverty and ignorance. But, my pity does not extend so far as to her putting a man&#8217;s life at stake, which she has done in an effort to get rid of her own guilt. . . </p>
<p>The witnesses for the State, with the exception of the sheriff of Lincoln County, have presented themselves to you gentlemen &#8212; to this Court &#8212; in the cynical confidence that their testimony would not be doubted. . .</p>
<p>Now I am confident that you gentlemen will review without passion the evidence that you have heard, come to a decision, and restore this man to his family.</p>
<p>In the name of God, do your duty. In the name of God, believe Tom Robinson.&#8221;<br />
(kudos to Friends of DU for posting this originally)</p>
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		<title>By: jc</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73537</link>
		<dc:creator>jc</dc:creator>
		<pubDate>Sat, 15 Jul 2006 19:48:09 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73537</guid>
		<description>The bogus email was more than just an internet rumor.  It was reported pretty widely back before any indictments came down.  I don&#039;t think we ever got any confirmation about whether or not it was the police that had sent the email from the lacrosse player&#039;s account though, it was just an accusation by the defense team.

See, for instance:  http://www.time.com/time/nation/article/0,8599,1184007,00.html

It&#039;s interesting to look at old stories like that, and notice things like that they were still reporting the police warrant application&#039;s statement that the medical exam showed signs &quot;consistent with sexual assault, both anally and vaginally&quot; - reporting it basically as a true fact.  The story goes on to note that such medical report will be difficult for the press to overcome.  Yeah, that&#039;s not exactly how it&#039;s gonna play out, in hindsight.</description>
		<content:encoded><![CDATA[<p>The bogus email was more than just an internet rumor.  It was reported pretty widely back before any indictments came down.  I don&#8217;t think we ever got any confirmation about whether or not it was the police that had sent the email from the lacrosse player&#8217;s account though, it was just an accusation by the defense team.</p>
<p>See, for instance:  <a href="http://www.time.com/time/nation/article/0,8599,1184007,00.html" rel="nofollow">http://www.time.com/time/nation/article/0,8599,1184007,00.html</a></p>
<p>It&#8217;s interesting to look at old stories like that, and notice things like that they were still reporting the police warrant application&#8217;s statement that the medical exam showed signs &#8220;consistent with sexual assault, both anally and vaginally&#8221; &#8211; reporting it basically as a true fact.  The story goes on to note that such medical report will be difficult for the press to overcome.  Yeah, that&#8217;s not exactly how it&#8217;s gonna play out, in hindsight.</p>
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		<title>By: Seahawk</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73532</link>
		<dc:creator>Seahawk</dc:creator>
		<pubDate>Sat, 15 Jul 2006 16:57:51 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73532</guid>
		<description>&quot;Email seems like an Internet rumor to me?&quot;

Hey, an Internet rumor was enough to get Judge Bayly&#039;s knockers into a twist in DC.</description>
		<content:encoded><![CDATA[<p>&#8220;Email seems like an Internet rumor to me?&#8221;</p>
<p>Hey, an Internet rumor was enough to get Judge Bayly&#8217;s knockers into a twist in DC.</p>
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		<title>By: UNK</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73529</link>
		<dc:creator>UNK</dc:creator>
		<pubDate>Sat, 15 Jul 2006 15:53:15 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73529</guid>
		<description>Email seems like an Internet rumor to me?  

Most likely not illegal, but interrogations are done in person, not by email or phone, for a reason.</description>
		<content:encoded><![CDATA[<p>Email seems like an Internet rumor to me?  </p>
<p>Most likely not illegal, but interrogations are done in person, not by email or phone, for a reason.</p>
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		<title>By: jc</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73525</link>
		<dc:creator>jc</dc:creator>
		<pubDate>Sat, 15 Jul 2006 13:09:00 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73525</guid>
		<description>It certainly smells improper, to use somebody&#039;s email account without their permission to send a known-to-be-a-lie email to possible suspects.  I wonder if any of the recipients picked up their email out of NC, in which case it&#039;s an interstate transmission and possibly could fall under some federal rules?

Wishful thinking, I&#039;m sure.  Sometimes people do things that stink, but there&#039;s nothing that can be done law-wise.</description>
		<content:encoded><![CDATA[<p>It certainly smells improper, to use somebody&#8217;s email account without their permission to send a known-to-be-a-lie email to possible suspects.  I wonder if any of the recipients picked up their email out of NC, in which case it&#8217;s an interstate transmission and possibly could fall under some federal rules?</p>
<p>Wishful thinking, I&#8217;m sure.  Sometimes people do things that stink, but there&#8217;s nothing that can be done law-wise.</p>
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		<title>By: Seahawk</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73516</link>
		<dc:creator>Seahawk</dc:creator>
		<pubDate>Fri, 14 Jul 2006 22:38:54 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73516</guid>
		<description>The email was sent on the computer of a student who was in class at the time (and so did not send it).
I think it is legal for the police to use such methods--i.e., they can talk to two criminals separately, telling each that the other has confessed (in order to get a confession from the one they are interviewing), even if this is not true.
IOW, they are permitted to use this kind of ruse.

So, I suppose that an email saying that someone has confessed would also fall into the same category--unless, by pretending to be another student, they crossed the line. (I don&#039;t know, I&#039;m not an attorney.)</description>
		<content:encoded><![CDATA[<p>The email was sent on the computer of a student who was in class at the time (and so did not send it).<br />
I think it is legal for the police to use such methods&#8211;i.e., they can talk to two criminals separately, telling each that the other has confessed (in order to get a confession from the one they are interviewing), even if this is not true.<br />
IOW, they are permitted to use this kind of ruse.</p>
<p>So, I suppose that an email saying that someone has confessed would also fall into the same category&#8211;unless, by pretending to be another student, they crossed the line. (I don&#8217;t know, I&#8217;m not an attorney.)</p>
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		<title>By: Greg</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73511</link>
		<dc:creator>Greg</dc:creator>
		<pubDate>Fri, 14 Jul 2006 21:24:27 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73511</guid>
		<description>What is the collective knowledge of the group on e-mails that the police evidently sent to LAX team members intimating that one of their mates was going to spill the beans?  This evidently happened early on and was apparently a police attempt to get people to cave in.  And it didn&#039;t work.

I saw this posted somewhere else -- with no link or further discussion -- but hadn&#039;t seen anything published that I could recall.  And I&#039;ve tried to follow this whole thing pretty closely so I&#039;m not sure where I missed it.  Thanks for any help.</description>
		<content:encoded><![CDATA[<p>What is the collective knowledge of the group on e-mails that the police evidently sent to LAX team members intimating that one of their mates was going to spill the beans?  This evidently happened early on and was apparently a police attempt to get people to cave in.  And it didn&#8217;t work.</p>
<p>I saw this posted somewhere else &#8212; with no link or further discussion &#8212; but hadn&#8217;t seen anything published that I could recall.  And I&#8217;ve tried to follow this whole thing pretty closely so I&#8217;m not sure where I missed it.  Thanks for any help.</p>
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		<title>By: UNK</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73509</link>
		<dc:creator>UNK</dc:creator>
		<pubDate>Fri, 14 Jul 2006 20:54:06 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73509</guid>
		<description>Greg,

One would have to be pretty stupid, legally insane, not to know that robbing a liquor store at gunpoint is illegal.

I would never give anyone a free pass on account of stupidity, but there are a lot of crimes where people are uncertain.  Even on this blog, people have incorrectly argued that â€œthey started the fightâ€ is a legal defense.  â€œThey started the fightâ€ rarely meets the legal standard of self-defense. 

In my opinion, the off duty cop or smart student who knows that you canâ€™t legally assault someone because they started it deserves more punishment than the person who does not.</description>
		<content:encoded><![CDATA[<p>Greg,</p>
<p>One would have to be pretty stupid, legally insane, not to know that robbing a liquor store at gunpoint is illegal.</p>
<p>I would never give anyone a free pass on account of stupidity, but there are a lot of crimes where people are uncertain.  Even on this blog, people have incorrectly argued that â€œthey started the fightâ€ is a legal defense.  â€œThey started the fightâ€ rarely meets the legal standard of self-defense. </p>
<p>In my opinion, the off duty cop or smart student who knows that you canâ€™t legally assault someone because they started it deserves more punishment than the person who does not.</p>
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		<title>By: Greg</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73505</link>
		<dc:creator>Greg</dc:creator>
		<pubDate>Fri, 14 Jul 2006 19:11:48 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73505</guid>
		<description>UNK, as far as I&#039;m concerned, stupidity is no excuse and we shouldn&#039;t lower the bar for stupid people.  Not in the criminal context.  That&#039;s a slippery slope -- &quot;I didn&#039;t know you weren&#039;t supposed to rob convenience stores at gunpoint&quot;, etc.  I just think that&#039;s an untenable standard to punish some people less harshly than others because you think they were too stupid to know better.</description>
		<content:encoded><![CDATA[<p>UNK, as far as I&#8217;m concerned, stupidity is no excuse and we shouldn&#8217;t lower the bar for stupid people.  Not in the criminal context.  That&#8217;s a slippery slope &#8212; &#8220;I didn&#8217;t know you weren&#8217;t supposed to rob convenience stores at gunpoint&#8221;, etc.  I just think that&#8217;s an untenable standard to punish some people less harshly than others because you think they were too stupid to know better.</p>
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		<title>By: UNK</title>
		<link>http://lashawnbarber.com/archives/2006/07/12/duke-rape-case/comment-page-2/#comment-73486</link>
		<dc:creator>UNK</dc:creator>
		<pubDate>Fri, 14 Jul 2006 03:55:38 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2053#comment-73486</guid>
		<description>And I thought you had to be a black criminal to be compared to Martin Luther King:

The Reverend Dr. Bill Lawson compared Lay with civil rights leader Martin Luther King Jr. and Jesus Christ, and said his name would eventually be cleared.

&quot;He was taken out of the world right at the right time,&quot; he said. &quot;History has a way of vindicating people who have been wronged.&quot;</description>
		<content:encoded><![CDATA[<p>And I thought you had to be a black criminal to be compared to Martin Luther King:</p>
<p>The Reverend Dr. Bill Lawson compared Lay with civil rights leader Martin Luther King Jr. and Jesus Christ, and said his name would eventually be cleared.</p>
<p>&#8220;He was taken out of the world right at the right time,&#8221; he said. &#8220;History has a way of vindicating people who have been wronged.&#8221;</p>
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