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	<title>Comments on: Duke Rape Case: Denial of Due Process?</title>
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	<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/</link>
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		<title>By: mem</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-77036</link>
		<dc:creator>mem</dc:creator>
		<pubDate>Thu, 28 Sep 2006 13:27:20 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-77036</guid>
		<description>Ref: Crystalmess.blogsplot.com

If Kristiana Bennett (a student at NCCU) is not compelled to write what she knows... &quot;She went to confession of a sort, confiding her quandary to The Echo&#039;s faculty advisor, Bruce dePyssler&quot; -  what about Bruce dePyssler (NCCU faculty) - his responsibility to the Durham college community to let the truth be told.</description>
		<content:encoded><![CDATA[<p>Ref: Crystalmess.blogsplot.com</p>
<p>If Kristiana Bennett (a student at NCCU) is not compelled to write what she knows&#8230; &#8220;She went to confession of a sort, confiding her quandary to The Echo&#8217;s faculty advisor, Bruce dePyssler&#8221; &#8211;  what about Bruce dePyssler (NCCU faculty) &#8211; his responsibility to the Durham college community to let the truth be told.</p>
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		<title>By: Seahawk</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-77026</link>
		<dc:creator>Seahawk</dc:creator>
		<pubDate>Wed, 27 Sep 2006 17:50:58 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-77026</guid>
		<description>&lt;i&gt;Could the 60 minutes piece on this case will be pushed back again until after the elections? September 24th scheduled showing was delayed because it was too close to a trial date. Why was October 1 schedule showing delayed? Are they changing the piece for the sake of a neutral position?&lt;/i&gt;

The gag order was lifted at Friday&#039;s hearing for everyone except attorneys; so it may mean that now they are allowed to interview many more people close to the case.
Will they change the focus of the piece, or make it more &quot;neutral&quot;, or postpone it again until after the election? 
I don&#039;t know; but I assume there is always pressure to do that.</description>
		<content:encoded><![CDATA[<p><i>Could the 60 minutes piece on this case will be pushed back again until after the elections? September 24th scheduled showing was delayed because it was too close to a trial date. Why was October 1 schedule showing delayed? Are they changing the piece for the sake of a neutral position?</i></p>
<p>The gag order was lifted at Friday&#8217;s hearing for everyone except attorneys; so it may mean that now they are allowed to interview many more people close to the case.<br />
Will they change the focus of the piece, or make it more &#8220;neutral&#8221;, or postpone it again until after the election?<br />
I don&#8217;t know; but I assume there is always pressure to do that.</p>
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		<title>By: mem</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-77017</link>
		<dc:creator>mem</dc:creator>
		<pubDate>Wed, 27 Sep 2006 12:56:45 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-77017</guid>
		<description>Could the 60 minutes piece on this case will be pushed back again until after the elections?  September 24th scheduled showing was delayed because it was too close to a trial date.   Why was October 1 schedule showing delayed?  Are they changing the piece for the sake of a neutral position?</description>
		<content:encoded><![CDATA[<p>Could the 60 minutes piece on this case will be pushed back again until after the elections?  September 24th scheduled showing was delayed because it was too close to a trial date.   Why was October 1 schedule showing delayed?  Are they changing the piece for the sake of a neutral position?</p>
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		<title>By: L.I. lex</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-77001</link>
		<dc:creator>L.I. lex</dc:creator>
		<pubDate>Tue, 26 Sep 2006 23:07:26 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-77001</guid>
		<description>Re: 24

La Shawn -

The 60 Minutes piece on this case has been pushed back and will now run October 15.  This might be the first time I watch 60 Minutes in years. 

Thanks for your continued work exposing this sorry abuse of the criminal justice system by an out-of-control DA.</description>
		<content:encoded><![CDATA[<p>Re: 24</p>
<p>La Shawn -</p>
<p>The 60 Minutes piece on this case has been pushed back and will now run October 15.  This might be the first time I watch 60 Minutes in years. </p>
<p>Thanks for your continued work exposing this sorry abuse of the criminal justice system by an out-of-control DA.</p>
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		<title>By: UNK</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-76959</link>
		<dc:creator>UNK</dc:creator>
		<pubDate>Mon, 25 Sep 2006 21:39:06 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-76959</guid>
		<description>Nifong is an idiot. Part 43 

&quot;Nifong learned of the survey when a pollster called his wife, Cy Gurney, at home.&quot;....

Gurney wrote. &quot;She (the pollster in NY) also did not appear to be recording my (on phone in NC)answers.&quot;

http://www.newsobserver.com/1185/story/488886.html

But there is a chance, about the chance a rape did occur, that the defense lawyers, in addition to being unethical, implicated themselves by telling the â€œsurvey firmâ€ â€œItâ€™s not a real survey. Donâ€™t bother recording the answersâ€ 

And if Nifong could add, he might figure out the odds of even just one of the 300 people polled, out of a city of how many, being on the jury is low.  If there were 3600 prospective jurors, then influencing 300 of them should affect one juror.  My guess is that there are closer to 36,000 prospective jurors in Durham?</description>
		<content:encoded><![CDATA[<p>Nifong is an idiot. Part 43 </p>
<p>&#8220;Nifong learned of the survey when a pollster called his wife, Cy Gurney, at home.&#8221;&#8230;.</p>
<p>Gurney wrote. &#8220;She (the pollster in NY) also did not appear to be recording my (on phone in NC)answers.&#8221;</p>
<p><a href="http://www.newsobserver.com/1185/story/488886.html" rel="nofollow">http://www.newsobserver.com/1185/story/488886.html</a></p>
<p>But there is a chance, about the chance a rape did occur, that the defense lawyers, in addition to being unethical, implicated themselves by telling the â€œsurvey firmâ€ â€œItâ€™s not a real survey. Donâ€™t bother recording the answersâ€ </p>
<p>And if Nifong could add, he might figure out the odds of even just one of the 300 people polled, out of a city of how many, being on the jury is low.  If there were 3600 prospective jurors, then influencing 300 of them should affect one juror.  My guess is that there are closer to 36,000 prospective jurors in Durham?</p>
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		<title>By: Seahawk</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-76951</link>
		<dc:creator>Seahawk</dc:creator>
		<pubDate>Mon, 25 Sep 2006 18:05:15 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-76951</guid>
		<description>&lt;i&gt;-She missed two appointments with a probation officer.

â€“ She left the state without permission.

â€“ She quit her job without notifying probation officers.

â€“ She moved without informing probation officers can&#039;tof her new address.&lt;/i&gt;

If Collin Finnerty tried any of that, he&#039;d be behind bars. 

David Evans kicked some cans and got a noise violation conviction and had to pay a fine.

But I guess if you embezzle $25,000, avoid your probation officers, and fail to make restitution, you are sent to  your room for two months.</description>
		<content:encoded><![CDATA[<p><i>-She missed two appointments with a probation officer.</p>
<p>â€“ She left the state without permission.</p>
<p>â€“ She quit her job without notifying probation officers.</p>
<p>â€“ She moved without informing probation officers can&#8217;tof her new address.</i></p>
<p>If Collin Finnerty tried any of that, he&#8217;d be behind bars. </p>
<p>David Evans kicked some cans and got a noise violation conviction and had to pay a fine.</p>
<p>But I guess if you embezzle $25,000, avoid your probation officers, and fail to make restitution, you are sent to  your room for two months.</p>
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		<title>By: Seahawk</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-76947</link>
		<dc:creator>Seahawk</dc:creator>
		<pubDate>Mon, 25 Sep 2006 17:32:02 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-76947</guid>
		<description>Kim skates --

&lt;a href=&quot;http://www.newsobserver.com/1185/story/490682.html&quot;&gt;link&lt;/a&gt;
&lt;i&gt;
DURHAM -- Kim Roberts, a dancer who performed at a Duke lacrosse party that ended with rape charges, admitted five probation violations today and will serve up to two months under house arrest.

(snip)

The probation violations that Roberts admitted to in court were:

-- She was behind on restitution payments.

-- She missed two appointments with a probation officer.

-- She left the state without permission.

-- She quit her job without notifying probation officers.

-- She moved without informing probation officers of her new address.&lt;/i&gt;

I would doubt seriously that her &#039;house arrest&#039; will be monitored. In effect, the state&#039;s chief witness gets no sentence at all.

(I will try to find out who the judge was in this case.)

Also  today :

http://www.newsobserver.com/102/story/490676.html

&lt;i&gt;Two former Durham police officers charged with assaulting a cook this summer at a North Raleigh sports bar had their court appearances postponed this morning.&lt;/i&gt;

Doubtless until after the lacrosse case is finished. . .</description>
		<content:encoded><![CDATA[<p>Kim skates &#8211;</p>
<p><a href="http://www.newsobserver.com/1185/story/490682.html">link</a><br />
<i><br />
DURHAM &#8212; Kim Roberts, a dancer who performed at a Duke lacrosse party that ended with rape charges, admitted five probation violations today and will serve up to two months under house arrest.</p>
<p>(snip)</p>
<p>The probation violations that Roberts admitted to in court were:</p>
<p>&#8211; She was behind on restitution payments.</p>
<p>&#8211; She missed two appointments with a probation officer.</p>
<p>&#8211; She left the state without permission.</p>
<p>&#8211; She quit her job without notifying probation officers.</p>
<p>&#8211; She moved without informing probation officers of her new address.</i></p>
<p>I would doubt seriously that her &#8216;house arrest&#8217; will be monitored. In effect, the state&#8217;s chief witness gets no sentence at all.</p>
<p>(I will try to find out who the judge was in this case.)</p>
<p>Also  today :</p>
<p><a href="http://www.newsobserver.com/102/story/490676.html" rel="nofollow">http://www.newsobserver.com/102/story/490676.html</a></p>
<p><i>Two former Durham police officers charged with assaulting a cook this summer at a North Raleigh sports bar had their court appearances postponed this morning.</i></p>
<p>Doubtless until after the lacrosse case is finished. . .</p>
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		<title>By: UNK</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-76928</link>
		<dc:creator>UNK</dc:creator>
		<pubDate>Mon, 25 Sep 2006 06:49:27 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-76928</guid>
		<description>Nifong is an idiot. Part 41b.

Actually, Nifong may actually benefit from the impossibility to PROVE motive, since itâ€™s impossible for people to prove if Nifong is criminally abusing his office as some here suspect OR if Nifong is just wrong/an idiot.</description>
		<content:encoded><![CDATA[<p>Nifong is an idiot. Part 41b.</p>
<p>Actually, Nifong may actually benefit from the impossibility to PROVE motive, since itâ€™s impossible for people to prove if Nifong is criminally abusing his office as some here suspect OR if Nifong is just wrong/an idiot.</p>
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		<title>By: UNK</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-76926</link>
		<dc:creator>UNK</dc:creator>
		<pubDate>Mon, 25 Sep 2006 06:42:12 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-76926</guid>
		<description>Nifong is an idiot. Part 42.

Nifong&#039;s &quot;new&quot; 5-10 timeline within 1.5 hours is not a timeline but total lack of a timeline.  A timeline does not have to pin down every minute, but it has inbetweens where a crime could have happened.</description>
		<content:encoded><![CDATA[<p>Nifong is an idiot. Part 42.</p>
<p>Nifong&#8217;s &#8220;new&#8221; 5-10 timeline within 1.5 hours is not a timeline but total lack of a timeline.  A timeline does not have to pin down every minute, but it has inbetweens where a crime could have happened.</p>
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		<title>By: UNK</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-76925</link>
		<dc:creator>UNK</dc:creator>
		<pubDate>Mon, 25 Sep 2006 06:33:39 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-76925</guid>
		<description>Nifong is an idiot. Part 41

Nifong branded the poll Friday as &quot;prima facie evidence of an attempt to influence jurors.&quot; 

http://www.heraldsun.com/durham/4-772261.html

Criminal Justice 101 for Political Science Majors â€“ You canâ€™t tell motive from a sample size of one.  The police officer may have beat up the black man because he was thought to be resisting arrest or because the officer was racist.  Unless you can read minds or obtain a confession, you canâ€™t presume the police officer was a racist â€“ or the lawyers were trying to influence jurors in this case.  You can prove the man was beat up or the potential jurors were influenced, but you can&#039;t prove why.</description>
		<content:encoded><![CDATA[<p>Nifong is an idiot. Part 41</p>
<p>Nifong branded the poll Friday as &#8220;prima facie evidence of an attempt to influence jurors.&#8221; </p>
<p><a href="http://www.heraldsun.com/durham/4-772261.html" rel="nofollow">http://www.heraldsun.com/durham/4-772261.html</a></p>
<p>Criminal Justice 101 for Political Science Majors â€“ You canâ€™t tell motive from a sample size of one.  The police officer may have beat up the black man because he was thought to be resisting arrest or because the officer was racist.  Unless you can read minds or obtain a confession, you canâ€™t presume the police officer was a racist â€“ or the lawyers were trying to influence jurors in this case.  You can prove the man was beat up or the potential jurors were influenced, but you can&#8217;t prove why.</p>
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		<title>By: kempermanx</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-76914</link>
		<dc:creator>kempermanx</dc:creator>
		<pubDate>Sun, 24 Sep 2006 23:38:39 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-76914</guid>
		<description>Greg,

I wish your hoop idea was true, UNC is loaded this year. We picked them No 1 in the Handbook.
Good news Duke won this weekend, they had a bye and Clemmens beat the tar poots!</description>
		<content:encoded><![CDATA[<p>Greg,</p>
<p>I wish your hoop idea was true, UNC is loaded this year. We picked them No 1 in the Handbook.<br />
Good news Duke won this weekend, they had a bye and Clemmens beat the tar poots!</p>
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		<title>By: Seahawk</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-76912</link>
		<dc:creator>Seahawk</dc:creator>
		<pubDate>Sun, 24 Sep 2006 23:01:42 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-76912</guid>
		<description>Don&#039;t know where to file this one : Bush and Brodhead were classmates :

http://www.yaledailynews.com/Article.aspx?ArticleID=15802

(from 2001)

&lt;i&gt;The president graduated in the same class as Yale College Dean Richard Brodhead. With both showing a penchant for Sterling Memorial Library, and its comfortable couches, Bush said he and Brodhead had a mutual understanding.

&quot;Dick wouldn&#039;t read aloud, and I wouldn&#039;t snore,&quot; Bush joked.&lt;/i&gt;

And also at Andover Preparatory Academy :

http://www.sourcewatch.org/index.php?title=Phillips_Academy_in_Andover

Class of 1963:

    * Richard H. Brodhead -- President, Duke University
    * George W. Bush -- President of the United States

Would it be reasonable to assume that GW is at least aware of the Duke Hoax? Concerned? 

Anyone feel like emailing the White House to show our own concern?</description>
		<content:encoded><![CDATA[<p>Don&#8217;t know where to file this one : Bush and Brodhead were classmates :</p>
<p><a href="http://www.yaledailynews.com/Article.aspx?ArticleID=15802" rel="nofollow">http://www.yaledailynews.com/Article.aspx?ArticleID=15802</a></p>
<p>(from 2001)</p>
<p><i>The president graduated in the same class as Yale College Dean Richard Brodhead. With both showing a penchant for Sterling Memorial Library, and its comfortable couches, Bush said he and Brodhead had a mutual understanding.</p>
<p>&#8220;Dick wouldn&#8217;t read aloud, and I wouldn&#8217;t snore,&#8221; Bush joked.</i></p>
<p>And also at Andover Preparatory Academy :</p>
<p><a href="http://www.sourcewatch.org/index.php?title=Phillips_Academy_in_Andover" rel="nofollow">http://www.sourcewatch.org/index.php?title=Phillips_Academy_in_Andover</a></p>
<p>Class of 1963:</p>
<p>    * Richard H. Brodhead &#8212; President, Duke University<br />
    * George W. Bush &#8212; President of the United States</p>
<p>Would it be reasonable to assume that GW is at least aware of the Duke Hoax? Concerned? </p>
<p>Anyone feel like emailing the White House to show our own concern?</p>
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		<title>By: Seahawk</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-76867</link>
		<dc:creator>Seahawk</dc:creator>
		<pubDate>Sat, 23 Sep 2006 12:48:47 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-76867</guid>
		<description>Note that police have already destroyed evidence in the case :

http://liestoppers.blogspot.com/

&lt;i&gt;&quot;...the &quot;highlight&quot; of the Duke Hoax hearing came with the announcement by the prosecution that the recordings of all Durham Police Department radio calls for March 13th and 14th had been destroyed. It seems Durham Police Department tape use policy calls for tapes to be reused after 60 days. 

So, even though tapes were requested in April 28th motion by the defense, and ordered by Judge Stephens on May18th, the prosecution now maintains that the tapes were destroyed on or after May 13th, just five days or less before Judge Stephensâ€™ order. Yep, we believe that! The defense indicated that they could call all the officers to testify as to their recollection of those radio calls. This was met with the assertion that the police could not be expected to recall their radio communication with accuracy at such a late date. LieStoppers can only wish that all police officers had the same â€œamazingâ€ memory and recall powers as Sergeant Gottlieb does!&quot;&lt;/i&gt;</description>
		<content:encoded><![CDATA[<p>Note that police have already destroyed evidence in the case :</p>
<p><a href="http://liestoppers.blogspot.com/" rel="nofollow">http://liestoppers.blogspot.com/</a></p>
<p><i>&#8220;&#8230;the &#8220;highlight&#8221; of the Duke Hoax hearing came with the announcement by the prosecution that the recordings of all Durham Police Department radio calls for March 13th and 14th had been destroyed. It seems Durham Police Department tape use policy calls for tapes to be reused after 60 days. </p>
<p>So, even though tapes were requested in April 28th motion by the defense, and ordered by Judge Stephens on May18th, the prosecution now maintains that the tapes were destroyed on or after May 13th, just five days or less before Judge Stephensâ€™ order. Yep, we believe that! The defense indicated that they could call all the officers to testify as to their recollection of those radio calls. This was met with the assertion that the police could not be expected to recall their radio communication with accuracy at such a late date. LieStoppers can only wish that all police officers had the same â€œamazingâ€ memory and recall powers as Sergeant Gottlieb does!&#8221;</i></p>
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		<title>By: Mike McCusker</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-76865</link>
		<dc:creator>Mike McCusker</dc:creator>
		<pubDate>Sat, 23 Sep 2006 05:37:31 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-76865</guid>
		<description>Re: #22

&lt;i&gt;...totally negating most alibi(s).&lt;/i&gt;

Um, no.</description>
		<content:encoded><![CDATA[<p>Re: #22</p>
<p><i>&#8230;totally negating most alibi(s).</i></p>
<p>Um, no.</p>
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		<title>By: L.I. lex</title>
		<link>http://lashawnbarber.com/archives/2006/09/20/duke-rape-case-denial-of-due-process/comment-page-1/#comment-76852</link>
		<dc:creator>L.I. lex</dc:creator>
		<pubDate>Fri, 22 Sep 2006 22:50:53 +0000</pubDate>
		<guid isPermaLink="false">http://lashawnbarber.com/?p=2160#comment-76852</guid>
		<description>I&#039;m told CBS&#039; 60 Minutes is running its entire show next week on the Duke case.  Should make interesting viewing, if they do their usual hit piece journalism, but directed at Nifong.  This case should outrage every American.</description>
		<content:encoded><![CDATA[<p>I&#8217;m told CBS&#8217; 60 Minutes is running its entire show next week on the Duke case.  Should make interesting viewing, if they do their usual hit piece journalism, but directed at Nifong.  This case should outrage every American.</p>
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