Duke Rape Case: The Bloggers

by La Shawn on October 23, 2006

in Bloggers, Duke Rape Case

Dave EvansTuesday, October 25: Finally, a blogger gets invited to speak on a panel about the Duke case. Go show KC Johnson your support.
—————————————————–

I’ve done a lot of blogging about the Duke case, but I’ve got nothing on bloggers like KC Johnson, who started a blog dedicated to the case, John in Carolina (fact-checks N.C. newspapers reporting on the case), Lie Stoppers, The Johnsville News, and Crystal Mess. Because I cover a wider variety of political topics, I haven’t gone as in depth as the others.

And they’re on top of things.

Last week there was a panel discussion about the case. Invitees were journalists, and at the time it didn’t occur to me to ask why “Duke bloggers” weren’t invited to join the panel. I’m asking now. I’ve been in touch with Robert Bliwise, editor of Duke Magazine, over the past few weeks. I assume he organized the panel, and I asked him why he didn’t invite bloggers. I’ll post his response if I get one.

As a blogger, I’m biased. As journalists talk about how “unedited” and “unvetted” bloggers are, they often do the same things they accuse us of doing. At least bloggers are open about their biases, whereas journalists hide behind the cover of “objectivity.”

I think left-leaning media were motivated to a greater extent by the man-bites-dog aspect of the “rape” story. I suspect that liberal journalists who wrote slanted stories didn’t really believe the lacrosse players raped the stripper-accuser. But it was good copy.

Like the Rathergate story, this one is moving too fast for me. So I’ll do what I think I’m better at doing: providing round-up coverage and cranking out a column or two about the blog swarm.

Journalist Jon Ham attended the Duke-and-the-media panel and blogged about it.

Unrelated Update (7:00 p.m.): I just got some cool news I can’t blog about yet. (I know it’s not nice to tease, but the girl can’t help it.) I’ll fill you in later. :D

{ 59 comments }

Seahawk 10.23.06 at 12:56 pm

No surprise to find out the media generally felt they had done a good job, their only sins being to refer to the AV as the ‘victim’ at the start (without the ‘alleged’) and to have been too trusting of what public officials told them. (So where is their journalistic sense?)

When Newsweek comes out with a cover with a mug shot of Nifong, and a screaming, “Sex, Lies, and the DA” banner across the front, then I’ll believe that they understand what “balance” and “truth in reporting” mean.

kempermanx 10.23.06 at 2:45 pm

LaShawn,
I think the blog posts about the meeting on John Lockes page are the best. Did you read my post about the Bar meeting last week? It was the last post on the page. Things look like they are coming to a head, but I doubt we will see anything before the election.

kempermanx 10.23.06 at 7:44 pm

SO, Lashawn,

Nifungu has taken the head football coaching job at UNC-CH, because he can’t beat anyone too?

Tatercon is going to love this one.

Seahawk 10.23.06 at 7:57 pm

Maybe someone should ask the editor of Duke Magazine about hosting a panel of bloggers on the case?

Maybe it could be hosted live online, with a hardcopy printed out later. That would be a first, I think. (You, KC Johnson, John in Carolina, William Anderson, Crystalmess, Michael Gaynor, and a few others; the topic being, “How the MSM missed the story : Sex, Lies, and Duke, from another perspective” ) . . .

kempermanx 10.23.06 at 8:39 pm

Seahawk,
I am going to parent’s weekend this weekend, I’ll see if I can find anyone sober enough to present this idea (sorry LaShawn, parents weekend gets a little rowdy) and we’re going to lose to Vanderbilt, but some Yankee folks will be at a seminar about the mid-east, instead of the game, isn’t that special?

You know the magazine only comes out monthly and has a deadline of about 30 days out front, which means that any story would run after christmas.

TaterCon 10.23.06 at 9:04 pm

Well, gee, Kempx, at least it’s news when Carolina changes its football coach. How many Duke coaching changes have escaped the media’s attention?

It’s gonna be interesting to see if any of the veiled concessions your bar council friends were making to your “Nifungu inquiries” actually transpire…. getting called on the carpet for yanking a grand jury’s chain and playing too coy with the Court can get to be pretty serious stuff.
I wonder who’s feeding the Bar the evidence of the “serious stuff” — State Bar can’t be acting on just news stories and blogs, I wouldn’t reckon….

UNK 10.23.06 at 9:25 pm

Not to sound sexist or racist, but researching and writing a book on the Duke alleged rape might be a job for a black women. But dont write a book without a cash advance.

UNK 10.23.06 at 11:07 pm

Shade, this should make you happy – a white woman lies about rape. The law may be an ass, but the dangers of taking law into own hand is worse:

http://news.yahoo.com/s/ap/20061023/ap_on_re_us/marine_slain

NORFOLK, Va. – A sailor pleaded guilty Monday to abducting and killing a Marine corporal he thought had been involved in a gang rape. The rape turned out to be a lie, but the truth surfaced too late.

batyah 10.24.06 at 1:45 am

Journalism has lost all integrity and objectivity. Thank goodness for the blogosphere, because news blogs and personal blogs like yours are blowing the mainstream media out of the water. Some bloggers have already caused ripples in the mainstream media world, forcing accountability.

It just makes me sick. I don’t understand why so many liberals have a suicide wish. If they bring the country down, don’t they realize that they will be going down with it?

Seahawk 10.24.06 at 8:24 am

A Duke Faculty Members breaks his silence–

http://www.dukechronicle.com/media/storage/paper884/news/2006/10/24/Columns/The-Administrations.Mismanagement.Of.Lacrosse-2384801.shtml?norewrite200610240812&sourcedomain=www.dukechronicle.com

“These kids were abandoned by their university. At least one of the indicted students, perhaps all three, was trespassed from Duke property. They were denied the presumption of innocence, despite the mounting evidence that the case against them is made of smoke and mirrors and is fatally flawed procedurally. They have been pilloried by their faculty and scorned by the administration. They are pariahs. . .

On the other hand I do not believe that a faculty member publicly describing any student in pejorative terms is ever justified. To do so is mean-spirited, petty and unprofessional, at the very least. The faculty who publicly savaged the character and reputations of specific men’s lacrosse players last spring should be ashamed of themselves.

They should be tarred and feathered, ridden out of town on a rail and removed from the academy. Their comments were despicable. I suspect they were also slanderous, but we’ll hear more about that later.

Finally, I urge the Duke community to take a reality check. Speak your minds. Do what you think is right. Tell the administration that you are not satisfied with the way they have handled the lacrosse affair. Demand better.”

TaterCon 10.24.06 at 9:13 am

I think everybody needs to link and go to the column to which Seahawk refers us. After reading the column, post a comment giving Professor Baldwin bigtime props. The Bunch of 78, or whatever the number may be, needs to be shamed.

mem 10.24.06 at 9:15 am

Any predictions for Oct 27th pretrial hearing…

kempermanx 10.24.06 at 9:22 am

Tatercon,

My guess would be the defense attorneys. The time table he presented to the Grand Jury doesn’t match the facts and it appears he knew that when he presented the case. I think you call that lying.

UNC football sells papers, everyone either loves them or hates them, but everyone loves to see them suffer, so you get coverage. Last coaching change at Duke I remember had to do with a lacrosse coach, and I think it got pretty good coverage.

OK LaShawn we’re waiting for your tease!!

UNK 10.24.06 at 12:06 pm

With expert police knowledge, full information on the case and hindsight, it’s almost certain that the “kids were abandoned by the university.”

The problem with the outrage at the university administration is that any school in the country does not have the police knowledge, information, time to evaluate each (accused) violent student.

One has to have a policy, suspend every accused until the police sort it out or allow potentially dangerous people on campus.

Or feel free to suggest a better POLICY – not asking for perfection.

Seahawk 10.24.06 at 1:28 pm

Or feel free to suggest a better POLICY – not asking for perfection.

(a repeat, but it bears repeating) :

Try Donna Shalala’s

“But we will not throw any student under the bus for instant restoration of our image or our reputation. I will not hang them in a public square. I will not eliminate their participation at the university. I will not take away their scholarships. . .

“It’s time for the feeding frenzy to stop. These young men made a stupid, terrible, horrible mistake and they are being punished. They are students, and we are an educational institution and we will act like an educational institution, not like a PR machine trying to spin and restore an image that we worked so hard to put in place.”

Contrast this with Brodhead’s “even if there was no rape, what they did was bad enough” statement”, etc. . .

kempermanx 10.24.06 at 1:55 pm

Seahawk,
I can assure you from personal experience that Duke does NOT stand up for it’s students about anything. Just the opposite, you are guilty until proven innocent. There is also a huge amount of hired help with chips on their shoulders, AKA liberal class warfare mentality. They know the students are at their mercy, for recommendations, etc. as a results the paid help thinks they own the school. That will change.

UNK 10.24.06 at 4:22 pm

“But we will not throw any student under the bus for instant restoration of our image”

The Duke administration threw the boys off campus because they were accused of rape.

“you are guilty until proven innocent.”

You are suspended from the school until proven innocent IS the policy at almost all schools.

Would you want your daughter at a school were accused, mostly guilty but some innocent rapists and other criminals were allowed on campus?

If you allow the 3 Duke boys back, you would have to allow 30 other real devients back.

UNK 10.24.06 at 4:26 pm

Also, I am not sure if it’s right for a school to have a position one way or the other on criminal cases.

To the extent some administrators went beyond the POSSIBILITY that a crime happened may have been wrong, but going the opposite direction, as some want to have a school argue that the boys are innocent would also be wrong.

Seahawk 10.24.06 at 5:59 pm

IIRC, South Dakota State University handled rape accusations differently :

http://sports.espn.go.com/ncb/news/story?id=2493071

SIOUX FALLS, S.D. — Two South Dakota State University basketball players have been indicted on charges stemming from the reported rape of a female student.. . (who) said they entered her Binnewies Hall dormitory room early in the morning on Dec. 15 and raped her. . .

Results of DNA samples were sent to Brookings County State’s Attorney Clyde Calhoon two weeks ago and grand jurors indicted the men Friday.

(The case was not sent to the GJ until the DNA results came back? How backwards they do things in SD!)

All three students (accuser and defendants) remained in school through the spring semester, though the men were moved to a different residence hall to avoid contact with the woman.

As well, Fresno state made certain that its accused football players had legal counsel :

http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/07/09/state/n192544D70.DTL

“We’re very much concerned about what’s going on,” said Ned Doffoney, president of Fresno City College. “Right now we just want to look into what ties there are with the college and make sure that everyone’s rights are being respected.”

(snip)

Fresno City College football coach Tony Caviglia arranged for seven players to consult Sunday with criminal defense attorney Michael Idiart.

Compare that with ‘don’t tell your parents’, ‘don’t get a lawyer’, ‘what they did was bad enough’, the wanted posters, the letter of 88, Duke will ‘consider’ permitting the players back on the team, maybe, if they are readmitted, perhaps, depending upon their mood, etc. . .

kempermanx 10.24.06 at 8:10 pm

UNK,
To your point, YES. Durham police citation now are put on the permanent records of students, BEFORE there is any conviction. It is up to the student to remove the mark on his permanent record, IF they get a not guilty on the “offense” Like say littering.

YES, every school should give it’s students the same rights as every AMERICAN gets, innocence until proven guilty. Duke and Durham are not PC NAZI land. Why would you even think that anyone should be presumed guilty? Let’s see a girl gets drunk and has sex, next morning she cries rape. So the boy gets expelled.

Wake up, this is BULLS***. You know better, I expect an apology.

kempermanx 10.24.06 at 8:22 pm

UNK,
Also, I believe that saying our students are Americans and we presume ever accused personto be innocent until proven guilty would be correct.

Let pull the race card. Black football player is accused of raping a white cheerleader and he is expelled.

You think the media would not go crazy? If you don’t you are smoking dope.

Gee, the quarterback at NAVY got to finish his classes and then go to court. HE is still on campus, and HE has admitted to raping a fellow student.

SOOOO???

UNK 10.24.06 at 9:45 pm

Kemp,

I hate to tell but being legally presumed innocent does not mean that none of your other legal privileges can’t be revoked.

Even the police are NOT presumed innocent if suspected of misconduct. Shoot some in a questionable situation don’t expect to wear a gun on the street tomorrow – and perhaps forever even if not convicted in court.

The Navy football player admitted to consensual sex, but not to rape and a jury at his trial believed him.

I don’t know enough about that basketball case or what “second degree” rape is in S.D., but a person who commits statutory rape or non-violent, non-consensual drunken sex is not is the same risk (to other students) category as a violent rapist.

I don’t think you would get far advocating a policy of allowing violent rapists on campus, but feel free to start a rapists- rights group and call everyone who opposes it Nazis – must have been listening to Rush too much?.

And yes.

If you have sex with a drunken crazy woman.

AND the drunken woman convinces the police that a rape occurred,

Getting thrown off campus is the least of your problems.

SteveDinMD 10.24.06 at 9:54 pm

Kemp,

The midshipman never admitted to raping anyone. He admitted to what he described as a consensual sexual encounter, though the female midshipman was reportedly intoxicated.

SteveDinMD 10.24.06 at 9:55 pm

Following up, though the midshipman was acquitted of rape, he stood convicted of Conduct Unbecoming an Officer, and could face loss of his military career.

kempermanx 10.24.06 at 9:56 pm

good point and he is still on campus, at Duke he would have been removed as soon as he was accused.

I guess government schools still believe in the Constitution.

kempermanx 10.24.06 at 9:58 pm

a racially correct plea cop out. The girl sure didn’t agree with that.

SteveDinMD 10.24.06 at 10:13 pm

I don’t know if it was racially correct or not. The case received wide coverage here in Maryland, and it seemed like a hard call. The alleged victim in the Naval Academy case admitted to previously having had consenual sexual relations with the accused. She was drunk at the time of the incident, and she admitted the accused into her room. What was in doubt was whether she had the capacity to consent at the instant of the act. Additionally, the case was tried at court martial, which afforded the accused fewer procedural safeguards than civilian defendants enjoy. Even with that, he benefitted from a far more fair process than the Duke lacrosse players have been subjected to in Durham.

Seahawk 10.25.06 at 9:59 am

More info about the faulty ID procedure at

http://johnsville.blogspot.com/2006/10/duke-case-identification-issues.html

The AV’s ability to identify who was at the party evidently changed from week to week :

(Comments are made by Iowa State University professor Gary Wells, an expert on police identification procedures.)

Player: Brad Ross…….March Lineup: Yes…….April Lineup: Yes

Comment: Ross was with his girlfriend at N.C. State until after the party broke up; she filed a sworn affidavit, backed by Ross’s cell-phone records showing calls originating in Raleigh from 3 p.m. to 1 a.m. that day. Wells said, “It places (the accuse) in the questionable category of eyewitnesses who is capable of being positive and wrong. That’s a red flag.”

Players: Fred Krom, Nick O’Hara, Kevin Mayer…. March: Yes…..April: No

Players: Glenn Nick, John Walsh, Kyle Dowd, Adam Langley, Josh Coveleski, Matt Wilson, Ben Koesterer, Peter Lamade, Dan Flannery, Erik Henkelman, David Evans, Willliam Wolcott……..March: No……..April: Yes

Player: Reade Seligmann…….March: 70 percent……April: 100 percent

Comment: In March, the accuser was 70 percent certain she recognized Seligmann but could not remember exactly where she saw him at the party. In April, she was 100 percent certain he had assaulted her. . . “Memory doesn’t get better with time. That’s one of the things we know. How does she get more positive with time?”

Player: Tony McDevitt…….March: n/a…….April: Yes

Comment: The accuser said McDevitt made the comment about the broomstick; the captains said Peter Lamade made that comment and that McDevitt repeatedly apologized to the second dancer about his teammates’ behavior.

Player: Chris Loftus……..March: n/a…….April: Yes

Comment: He was not at the party but was in his dorm with his roommate and their girlfriends, according to interviews by private investigators and other records provided to police.

As the blog says,

“The only crime involved here is allowing anyone to be indicted for rape based on these flawed identifications.”

kempermanx 10.25.06 at 10:16 am

Steve,
I am glad to hear the Navy case got wide spread coverage in Md. I read the Washington Post everyday, not much there, I think one story in the NYT, no cover shot on Newsweek, no MSM story, no Hardball, actually not much of any national coverage that I could see.

UNK,
You are right, but rape shield laws encourage just this sort of behavior, false accusations. Maybe rape is not the right example. Any citation in Durham for anything is reported to Duke, which then takes action against a student, BEFORE any trial. I don’t believe you agree with that do you?

Enough of that, where is Lashawn’s tease?

Seahawk 10.25.06 at 11:04 am

Proper procedures at Duke?

(reposted from a comment at Durham-in-Wonderland :

https://beta.blogger.com/comment.g?blogID=32542246&postID=8263772274230248324

I was surprised (or maybe not) to find Kim Curtis’ name on the list (of88), since she railroaded my son into the the Duke Judicial system, which caused him to be suspended for two semesters. He was in Army ROTC, a student athlete and an outspoken conservative. When his Roller Hockey Club team won the regionals, and were sent to the Nationals in LA for 10 days (paid for by the University), he visited all his professors to tell them of his absence. They all approved, assuming he turned his assigned work in beforehand.
Only one of his professors, Kim Curtis, claimed she never received his work, and automatically FAILED him for the entire course (this was second semester of his junior year). She also brought charges against him of Lying to the Duke Judicial system. He was notified of this by mail during the summer, well after the incident had
occurred.
Because he was at ROTC training, he was unable to respond in a timely way, nor was he able to connect with any of a list of Judicial Code Advisors, who act as respresentatives for the accused at these hearings, because many of them were not available during the summer. During the first week of classes in the Fall he was put on trial. His Judicial Advisor, who did her best to help him put together a case in such a short amount of time, expressed shock at the charges and the way that they were handled. She said in her rushed amount of research, she was unable to find ANY other cases of a student being charged through the Judicial System of Lying about turning a paper in late.
He was convicted and expelled for two semesters. He was ordered to vacate his dorm room within 48 hours. Since he did not have a car, I immediately started the long drive to Durham to help him move out. Since his DukeCard had been IMMEDIATELY invalidated, he could not get a meal on campus, or even get into his dorm to start moving his things out. Of course this pales next to the horrific ordeals that the Lacrosse players have endured. But I thought that I would share this story to show that some of these professors are potential serious threats to our students and their rights. ..

Seahawk 10.25.06 at 1:22 pm

Response to how Brodhead has been treating the families (repost from a post at Talk Left :

http://forums.talkleft.com/index.php?topic=465.0

… Brodhead and the rest of the administration have had no contact with any of the lacrosse players or their families whatsoever with the following three exceptions:

(snip)

3. Colin Finnerty’s parents contacted Brodhead to ask for permission to transfer credits from other colleges. Both Colin and Reade Seligmann are taking classes this semester at colleges near their homes. However, Duke will not let them transfer more than two courses so they are unable to keep up with their studies while suspended unless they get permission to transfer more. Colin was supposed to do study abroad this semester, but Duke cancelled that. Brodhead refused to meet with them despite several requests. Finally, the person in charge of the annual giving program told Brodhead that, unless he agreed to see the Finnerties, he would resign. Only then did Brodhead agree to meet them. In the meeting, Brodhead remained intransigent and he and Mrs. Finnerty got into terrible argument. The Finnerties walked out because Brodhead started insulting them.

There has not been a single note, card or other expression of kindness from anyone in the Duke administration to any of the three accused students.

Jason Trumpbour
Spokesperson

kempermanx 10.25.06 at 1:25 pm

Seahawk,
My son is experiencing just this sort of Jihad against conservative students by the Judicial code advisors, PAID Duke employees with axes to grind. This story does not surprise me one bit, what does is that no one has the guts to fight these people. The students are not in a position to go after them, they have absolute power over their transcipts. Where are the Alumni??

UNK 10.25.06 at 1:29 pm

“where is Lashawn’s tease? ”

I was wondering if the tease was the “story” about OJ Simpson writing a book saying he did it for $3.5 million, which of course OJ denies.

With a news tease, isn’t it traditional to give a hint of a story?

mem 10.26.06 at 9:01 am

http://www.blackcollegewire.org

NC Central Should Examine Its Own Prejudices
Black College Wire, District of Columbia – 4 hours ago
… found the situation ironic because just this spring, NCCU students were righteously attacking the prejudice directed against the rape victim in the Duke case. …

TaterCon 10.26.06 at 1:49 pm

My son is experiencing just this sort of Jihad against conservative students by the Judicial code advisors, PAID Duke employees with axes to grind ……..The students are not in a position to go after them, they have absolute power over their transcipts. Where are the Alumni??

Comment by kempermanx

Gee, Kempx, I’d jump in to help, but you’d just think I was beating on the Dook Admin and Profs in order to help Ol’ Roy convince recruits to play at Carolina over Coach K’s program.

Tater

PS: My Mom’s a Duke grad, 1946, but she gave up on trying to wield any “alumni clout” back during Terry Sanford’s reign as president…..

kempermanx 10.26.06 at 2:18 pm

Tater,
Thanks anyway. I am off to campus for parents weekend on Friday. Have my blue wristbands and will be on the hunt for some scoop. Number one son is speaking at a function, Google him tater and you can figure out what that will be. Go Deacs!
Terry Sanford, barf!

Eric Straton 10.26.06 at 2:19 pm

It’s time to start:

http://brodheadmustgo.blogspot.com/

William Teach 10.27.06 at 1:50 pm

Hey, you’ll love this new story from WRAL, La Shawn: http://www.wral.com/news/10171851/detail.html

Nifong has never spoken to the accuser.

Seahawk 10.27.06 at 2:14 pm

However, if Nifong took over the role of lead inevstigator in March (as indicated), then he becomes subject to being called as a witness. And if that is the case, then he must probably step aside as prosecutor, since he can’t be both prosecutor and witness at the same time.

The next court date is set for Dec. 15.

In California, there is a requirement for a speedy trial, which must take place within 60 days of indictment. If that had been the case here, the trial would have commenced in June (and been thrown out), and then the players could have both attended summer school and regular school in the fall, and this case would be ancient history.

But in Durham NC, justice crawls like a snail…

Seahawk 10.28.06 at 9:25 am

The AV apparently has a medical history . . .

http://www.newsobserver.com/102/story/503820.html

One physician wrote, “Due to the patient’s long psychological history, she is at very high risk of narcotic abuse, and at clinic, we have recommended not to prescribe the patient any narcotics.”

As well, if the dates are correct, she was apparently pole-dancing on the night a vigil was being held for her in Durham. . .

TaterCon 10.28.06 at 10:48 am

“However, if Nifong took over the role of lead inevstigator[sic] in March (as indicated), then he becomes subject to being called as a witness. And if that is the case, then he must probably step aside as prosecutor, since he can’t be both prosecutor and witness at the same time.” — Seahawk, at 39

Hey, we trial lawyers aren’t precluded from investigating our cases at the risk of being called as witnesses. State Bar rules encourage lawyers to make adequate investigations, and Rule 11 of the Rules of Civil Procedure requires lawyers to have “knowledge, information, and belief, formed after reasonable inquiry that [a pleading, motion or other paper]is well grounded in fact and is warranted by existing law….”

We aren’t exposed to a subpoena from the other side for a number of reasons, the two most prominent being the “work product doctrine”, protecting a lawyer’s investigation that leads to his/her mental impressions and strategy in a given case or file, and the “attorney-client priviledge”, where neither the client nor the attorney are compelled to testify about their conversations and other communications together.

There are, of course, exceptions to the rule, and I think the one you’re touching on, S’hawk, is the instance when the client and lawyer feel it’s in the best interest for the client to have the lawyer testify on a particular matter on which only the lawyer has the particular personal knowledge. Then the lawyer must step aside as counsel and another attorney takes over. Simplest example: Where the lawyer is the only remaining eyewitness to whether the client’s light was red or green (other witnesses die or are unavailable for trial), he/she must tell client to obtain another attorney so he/she can take the stand in support of the client’s evidence…..

The debate here becomes whether Nifong is making an adequate investigation at all if his only contact with his star witness is a few brief moments in April where he observes her, hears her mutter 15 or so words, and decides she’s too traumatized to talk. If that’s the case, he may well be answering from the witness stand, but it’ll be in proceedings down the road, after the “Precious trial”, when he has to defend himself against State Bar complaints initiated by Kempx…. ;-}

jc 10.28.06 at 3:21 pm

Well, Precious is not Nifong’s client – Nifong’s client is the State of North Carolina. Precious is a witness, not a client, so I don’t think attorney-client privilege applies. So Nifong has to rely on work-product doctrine to keep secret his meetings with Precious. But now he’s on record saying that there are no Nifong-Precious conversations anyway, so he doesn’t even really need to argue the work-product doctrine. I’m guessing/hoping that the defense team has forced this admission from Nifong because they can prove that it’s just another of his lies. Since they obviously had investigators following Precious around, maybe they’ve got tape of her and Nifong discussing the case.

UNK 10.28.06 at 5:04 pm

“She probably did not speak 15 words,” Nifong said in court Friday. “She had trouble making eye contact. She looked like she was going to cry.”

Just playing devil’s advocate:

But it’s possible that a person in pain could dance, just as many football players do.

It’s also possible that she was exaggerating the pain in order to obtain narcotics.

I don’t know if 15 words or even 100 would be a conversation.

Just speculation, but sounds like with just 15 words, she likely just nodded and agreed – as blacks used to do in the old south both to white racists saying how good they had it and to the civil rights workers who wanted them to register when they wanted neither.

TaterCon 10.28.06 at 8:39 pm

jc, You’re technically correct, but when the district ATTORNEY represents the “state”, the DA is representing the citizens, and that includes the prosecuting victim, who is (gag) “Precious.” That gives the prosecuting victim (hey, I’m not really asserting as fact that Precious is a victim!) the ability to talk confidentially with the DA without the DA being called to the witness stand to talk about the conversations.

I say it’s still up to the attorney to use some common sense, independent investigation and good judgment before sallying forth, willy-nilly, with either an indictment or a civil pleading, on just the client’s word alone. Geez, it looks like there’s a DA out there west of Raleigh who doesn’t even bother to hear the “client’s likely testimony” before forming a judgment that he can sally forth, willy-nilly, to get his indictment!

I think that’s the point that comes out of this most recent revelation….

TaterCon 10.28.06 at 8:51 pm

Dang, UNK, where are you going with that last thought? Are you saying that “Precious” is doing nothing more than The White Man’s bidding, from either fear or lack of understanding of the one who is perceived to have her best interests at heart?

I thought she was just trying to stay out of the lockup or the incompetency ward, and no one’s given her the time of day to talk to her seriously about her testimony since she uttered only 15 incomprehensible words in April…..

I think I’ll go get my extra hour of sleep now….
remember to turn your clock back tonight….

jc 10.29.06 at 8:41 am

Thanks for the clarification, Tater. I agree that the main point here is that Nifong plunged ahead with indictments with his political blinders on, actively avoiding any evidence that might cast doubt that a crime had occurred (a crime he NEEDED to have occurred)…which means avoiding ALL evidence, including testimony from accuser, accused, and witnesses and all forensic, photographic, electronic and other evidence as well as common sense and reasonable judgment.

It boggles my mind that the MSM still hasn’t managed to comprehend the totality of this DA’s misconduct. Even Fox News still has a few chuckleheads that think the DA is acting appropriately.

Seahawk 10.30.06 at 8:20 am

Kim exposes more of the hoax in an interview on Good Morning America –

http://abcnews.go.com/GMA/LegalCenter/story?id=2614634&page=1

Oct. 30, 2006 — The second dancer in the Duke rape case has said for the first time that the accuser told her to “go ahead, put marks on me” after the alleged attack.

UNK 10.30.06 at 8:44 am

go ahead, put marks on me’

Shows that the AV is familiar with domestic abuse to know enough what to say to discourage a perceived attack being pushed or helped out of Robertss car.

Or shows that she will run to the police with any story.

Unfortunate that many women, even if whores, are victims of domestic abuse, but I guess it would be race-treason if a black brought it up against black men.

But it does not really disprove the Duke rape case either way.

Seahawk 10.30.06 at 9:41 am

But it does not really disprove the Duke rape case either way.

Considering she says the police/DA did not substantially interview her, and that the DA never interviewed the AV nor the accused players, one might tend to think the DA was afraid of what he would find out, and that exculpatory evidence would be presented.

Considering that the DA took this case to the grand jury (and thus avoided any evidentiary hearing), one has to think also that he didn’t want anyone looking at the evidence.

Ergo, one can assume he knew from the very start that there was no case, but that he has forced it to continue for his own purposes.

tawanabrawley 10.30.06 at 10:53 am

Well it looks like the 2nd strippers new story that came out today, actually is a story that blows apart the prosecutions case…

It will either totally cancel out Roberts testimony, or it will hurt their case if she testifies…

UNK 10.30.06 at 11:50 am

“Ergo, one can assume he knew from the very start that there was no case,”

Reminds me of the old parable about the boy who cried wolf.

Cry wolf falsely and people will not believe you without supporting evidence such as your wolf-eaten corpse but sometimes a boy is eaten by the wolf.

Just because the boy sometimes cries wolf falsely is not evidence the wolf does not exist but I have not seen any crumb of any other evidence in the Duke rape.

kempermanx 10.30.06 at 12:31 pm

A report from Campus,

Back from parent’s weekend, it is hard not to get excited after Sunday service in the Duke Chapel. Yes, Duke has a Chapel, it is a huge stone building in the center of West Campus, which was the old men’s campus, East being women campus. The Duke Chapel is unbelievable. For those who have never been, it is very much like the National Cathedral in DC, or St. John the Divine in NYC. Large, Gothic, with lots of stained glass, a HUGE organ and 200 member choir, WOW! Even with a sort of anti-war sermon and the Gospel reading by Brodhead, it was all worth it to hear the pastor pray for the boys right in front of Brodhead and 1,000 students and parents.

The campus has truly changed it’s tune, everyone I saw was supporting the boys. Anti-Nigufu Tee Shirts were on sale everywhere. Two full page ads in the Chronicle, one by Friends of Duke, with Susan Erthic’s (sp) column about rape(see Johnsville news blog), and one by The Concerned Duke Mothers about the Durham Police targeting Duke students. The battle is on and FINALLY the Dukies are fighting back against the corrupt Durhamites.

Also heard more confirmation that the State Bar IS going to act, soon. After the election, Nifugu will win, I expect some movement.

The 60 Minutes story gave all the fence sitters a reason to support the boys and they are. Brodhead did not look too happy, and he didn’t stick around after the service, he was outa there.

TaterCon 10.30.06 at 3:00 pm

Kempx: Funny you should mention going to the Duke Chapel for church yesterday. Did you happen to see Michelle Malkin’s spot that reported the cross has been taken down from the altar at William & Mary’s chapel, on the notion that its presence might offend non-Christians when the chapel is used for a non-religious function? (It goes back to the altar during chapel services ….)

The current president at W&M is the ultra-lib ex-dean at UNC Law School, Gene Nichol. Having him hired away from Chapel Hill was a bonus, sorta like finding a twenty in the pocket of a jacket you hadn’t worn since last spring…..

kempermanx 10.30.06 at 2:42 pm

Tatercon,
Yes, I saw it. I am not that worked up about the cross thing, W&M is a STATE school, Duke is private. Sounds like W&M wants to use the space for more activities and the cross might offend someone. I know your happy, UNC covered the spread Saturday. things are looking up for you all. I wish I could say that about State and the Panthers. Also heard from another source that Bar has a complaint and action could come soon. Have you heard anything?

UNK 10.30.06 at 4:37 pm

“it was all worth it to hear the pastor pray for the boys right in front of Brodhead ”

I think its customary to pray for EVERYONE, sinners and saints, and it’s not really a sign of support in a legal case.

kempermanx 10.30.06 at 6:58 pm

UNK,
I don’t mean to be rude, but having been there I can tell you that mentioning the case and the incident is a lot different from praying for the good of the campus. Maybe I read too much into the prayer, but everyone I talked to got the same reading.

SOOO, unless you were there, and have a different take, don’t tell me what the priest said, OK? Bye the way he prayed for the rest of the sinners in a separate prayer, does that make this clear??

TaterCon 10.30.06 at 9:17 pm

Nope, Kempx, not down here. You’ve probably got a better pipeline for scoop up near the big elevator law firms in the Queen City than we do down here in little ol’ Wilmington…

As for the Heels covering the spread, geez, hoodathunk anyone would have set a point spread on that game? And the Heels beat the spread? That’d be the only thing they’ve beaten recently, other than themselves….

TaterCon 10.30.06 at 9:20 pm

….oh, and Kemp, calm down at the UNK dude. He likes to see what happens when he hits a beehive with a stick. Gets excited when he gets a reaction ….. thought provoking, though.

Seahawk 10.31.06 at 7:09 am

Sole black player on the team on Good Morning America :

http://abcnews.go.com/GMA/LegalCenter/story?id=2617301&page=1

In his first, exclusive interview with ABC News, Devon Sherwood said that his three white teammates who have been accused of sexually assaulting a black woman have been stereotyped by class and skin color. . .

“It’s just been all the stereotypes… I’ve even been stereotyped for being rich, being on full scholarship, [being] not in touch with my own black community at Duke… It’s terrible to find yourself being stereotyped,” Sherwood said.

“And you’re like, ‘Hold on, this couldn’t be much further from the truth,” he said. “You know? So it’s just amazing that the things you see and that [were] going on in this case and how the reversal from black stereotype to now rich white, privileged stereotype.”

(snip)

“I had one brother when I came to Duke. Now I have 47 brothers…46 of them just happen to be white,” he said. . .

(snip)

“We’re almost inseparable,” he said. “We have a bond for life that no one else has. We know that we’re in a unique situation. . .

(snip)

He said he is a little bit haunted by the absence of his teammates. Evans graduated, and Finnerty and Seligmann have been suspended from the university because of the criminal charges against them.

“It hurts,” he said. “Like, you walk … and you see [their] lockers, just empty, nothing there.

“It’s kind of like — it’s not — I don’t want to say ghosts.

“But it’s just like, you know, you wish they were there with you.”

Comments on this entry are closed.

Previous post: Deval Patrick and Homosexual ‘Marriage’

Next post: Colorblind Bind