NC Attorney General To Drop Duke Rape Charges

[Aniej]

I don't know if you caught this, but it looks like all charges are going to be dropped.

(04-11) 10:39 am Raleigh, N.C. (AP) --
Prosecutors have decided to drop all remaining charges against three Duke lacrosse players accused of sexually assaulting a stripper at a team party, a person close to the case told The Associated Press on Wednesday.

The North Carolina Attorney General's office, which took over the case in January after the local district attorney was accused of ethics violations, said it would have an announcement on the case at 2:30 p.m. but did not elaborate.

"I am very comfortable that the charges will be dismissed and these boys will be completely exonerated," said Joseph Cheshire, an attorney for one of the indicted players, all of whom were in Raleigh Wednesday to hear the news.

The sensational case was troubled almost from the start. DNA samples found no link to any of the Duke lacrosse players, and a critical change to the accuser's story forced the dismissal of rape charges in December. It drew so much attention that the attorney general planned to hold his news conference Wednesday Raleigh's hockey arena.

The person who talked to the AP, speaking on condition of anonymity because a formal announcement had not been made, did not list state prosecutors specific reasons for dropping the remaining charges.

Reade Seligmann, Collin Finnerty and David Evans were indicted last spring on charges of rape, kidnapping and sexual offense after the woman told police she was assaulted at a lacrosse team party where she had been hired to perform as a stripper.

The allegations at first outraged the city of Durham, a faded tobacco capital with a long history of tension between its large working-class black population and Duke, an elite private school where most of the students are white and many come from privilege. The woman is black and attended nearby North Carolina Central University; all three Duke players are white.

But that anger largely shifted to Durham County District Attorney Mike Nifong as his evidence against the three fell apart and questions surfaced about the accuser.

Nifong, who was away from his office Wednesday, has been charged by the state bar with ethics violations connected to his handling of the case and could face disbarment.

"We just hope this traumatic experience for all involved ends with the minimum amount of damage," said the Rev. Jesse Jackson, whose Chicago-based Rainbow/Push Coalition had offered to help the accuser pay for college but wasn't able to contact her.

The 28-year-old woman initially said she was gang-raped and beaten by three white men at the March 13, 2006, party thrown by Duke's highly ranked lacrosse team.

The three players who were indicted insisted the accusations were "fantastic lies," and another dancer who had been with the woman also questioned if she had been raped and said the woman seemed drunk when she tried to drive her home that night.

In the end, it appeared the case was based only on the testimony of the accuser, whom defense attorneys said had told wildly different versions of the alleged assault.

That shifting story led Nifong to drop the rape charges in December, but the other charges remained.

Nifong's recusal in January put the players' fate in the hands of North Carolina Attorney General Roy Cooper, who promised "a fresh and thorough review of the facts."

The North Carolina State Bar charged Nifong with making misleading and inflammatory comments about the athletes under suspicion. It later added more serious offenses of withholding evidence from defense attorneys and lying to the court and bar investigators. He stands trial on those charges in June.

Nifong had accused the team of refusing to cooperate, calling them "a bunch of hooligans," and promised DNA evidence would finger the guilty.

His case started to erode, though, when no DNA evidence tying any player to the accuser. The second dancer at the party called the allegations "a crock." And Seligmann produced ATM receipts, cell phone records and other evidence suggesting he was somewhere else at the time.

Defense attorneys also attacked a key photo lineup that used only pictures of lacrosse players, and they noted the accuser had claimed a decade earlier that she had been gang-raped but it never led to an arrest. A series of tests Nifong ordered from a private lab found genetic material from several men on the accuser's underwear and body, but none from any member of the Duke lacrosse team, they said.

Duke temporarily suspended Seligmann, 21, of Essex Fells, N.J., and Finnerty, 20, of Garden City, N.Y., in the wake of their arrest. Both were invited to return to campus but neither accepted.

Evans, 24, of Bethesda, Md., graduated the day before he was indicted.

John Danowski, the former coach at Hofstra who took over the Duke program last summer, has also said that both are welcome to continue playing lacrosse with the Blue Devils. On Wednesday, he said he moved the team's afternoon practice back so his players could attend a planned defense news conference with their former teammates.

[yellow]

The local sentiment still seems to be that they are guilty and got away with it.

[princealfie]

So who got bribed this time around? :eek:

[yellow]

So who got bribed this time around? :eek:

Seriously?

[leekohler]

I don't get you guys. If they had DNA samples taken from the "victim" and none of them matched the accused, what more do you need? Should these guys' DNA be planted on her so that the "local sentiment" can feel better?

[johnee]

good, there really wasn't any evidence to convict them with anyway. that da is a real jerk

[yellow]

I never believed that they were guilty until it was proven in a court of law.. unlike the hundreds of people that spent days upon days outside their home, banging pots, and carrying placards, and chanting on megaphones. Not to mention community leaders and national community leaders that spoke out against them as if everyone had witness the alleged crime in progress. As far as all of those people were concerned, the 3 were guilty right from the start.

My statement earlier was to point out that despite all charges being dropped (IMO there never was evidence enough for this, and I couldn't believe it when Nifong was re-elected. He's now in the process of being disbarred), the sentiment amongst some people here is that they are guilty, despite the complete lack of evidence.

[princealfie]

Seriously?

Who knows? Evidence gets planted all of the time.

[yellow]

Who knows? Evidence gets planted all of the time.

I can assure you, the Durham Police are totally incompetent. But even they couldn't "cover" this one up for a Duke paycheck.

[leekohler]

I never believed that they were guilty until it was proven in a court of law.. unlike the hundreds of people that spent days upon days outside their home, banging pots and carrying placards, and chanting on megaphones. As far as those people were concerned, they were guilty from the start.

My statement earlier was to point out that despite all charges being dropped (IMO there never was evidence enough for this, and I couldn't believe it when Nifong was re-elected. He's now in the process of being disbarred), the sentiment amongst some people here is that they are guilty, despite the complete lack of evidence.

Gotcha.

The awful thing is- these guys are now marked at Duke forever. Their lives won't be back to normal any time soon, if ever.

[yellow]

Completely true.

I also must place serious blame on the media for this.

This was major national headlines for quite a while.. It sullied the name of Duke and thrust into the limelight a bogus story. I suspect there will be no retraction statements. I'll see if it makes national news tonight.

Beyond that, the media sensationalized a (albeit false, apparently) horrible crime, simply because there was a racial element of "have" and "have-not". Hundreds, if not thousands of women are raped every day and don't get such attention. Where are their community advocates? Where are their nation community leaders demanding justice?

The whole thing makes me sick.

[nbs2]

I just wonder when the apologies from the many who "demanded justice" will reach these kids. After all the talk and anger that spewed, the activists who demanded expulsion, the rantings against their few public supporters (remember what happened when the Duke lax women supported them)...

And yet, I expect to see more people discuss how these guys were acting inappropriately than what needs to be done to prevent these false accusations. This woman struck a blow against rape victims everywhere.

It has inspired me though - when a person files a false police report or a DA moves to prosecute with demonstrated malice, they should be subject to up to the maximum penalty available for the crime committed (i.e. a charge carries 5 to 20 years, so subject the accuser/DA to 0 to 20). That should help avoid any chilling effect and protect the accused.

This doesn't feel any different than the PE teacher who was accused of sexual assult by the girls in his class because they were mad at him.

[saunders45]

'bout friggin' time. The case was bogus, no hard evidence from the beginning, and yet the race card kept getting played over and over again, so the case got drug out way too long.

See: http://en.wikipedia.org/wiki/Tawana_Brawley

[yellow]

Here's a link to local news about the dropping of the charges:

http://www.wral.com/news/local/story/1245389/

Duke Lacrosse Charges Dropped

Raleigh — State prosecutors on Wednesday dismissed all charges against the three defendants in the Duke University lacrosse sexual assault case.
"There is insufficient evidence to proceed on any of the charges," Attorney General Roy Cooper said at a news conference that attracted national media attention. "The result is these cases are over."
The announcement marked the end of the 13-month criminal case launched against David Evans, 24, Reade Seligmann, 21, and Collin Finnerty, 20, after an exotic dancer—a 28-year-old North Carolina Central University student—alleged she was gang-raped, beaten and sodomized for 30 minutes during an off-campus party at 610 N. Buchanan Blvd. in the early-morning hours of March 14, 2006.
Although sexual assault victims often provide varying accounts of a traumatic experience, Cooper said, the accuser's statements varied too much and there was no other evidence to support her story of an assault.
"The inconsistencies were so significant and so contrary to the evidence that we have no credible evidence that an attack occurred at that house on that night," Cooper said.
On April 17, a grand jury indicted Seligmann and Finnerty on first-degree forcible rape, first-degree sexual offense and first-degree kidnapping charges. Evans was indicted on the same charges May 15.

The three men maintained their innocence throughout the investigation, and Evans even spoke publicly to the media before surrendering to Durham authorities one day after he graduated.

"I am absolutely innocent of all the charges that were brought against me," he said. "These allegations are lies. Fabricated. And they will be proven wrong."

In the months that followed, the highly publicized case—which had already drawn attention across the nation because of the issues of race, privilege, fairness in the justice system, politics and ethics—took a number of different turns, with defense attorneys questioning the credibility of the accuser and the political motives of Durham County District Attorney Mike Nifong.
Nifong, who was in Winston-Salem Wednesday meeting with his own attorney, was not immediately available for comment.

Questions surrounding Nifong and his handling of the case also prompted the North Carolina State Bar to launch an investigation, and Nifong now faces allegations of ethics violations and a June 12 trial date. If he is found guilty, he could be disbarred.

The case had been troubled almost from the start, as DNA samples found no link to any of the white Duke lacrosse players, and the black accuser's story about what happened that night began to change.
Kim Roberts, a second dancer at the party, called the allegations "a crock." Seligmann produced ATM and fast-food receipts, cell phone records and other evidence that suggested he was not at the party when the rape supposedly took place.
Cooper called the pursuit of the case "a tragic rush to accuse and a failure to verify serious allegations." Without naming Nifong, he came down forcefully against "overreaching prosecutors" and called for a law that would allow the state Supreme Court to remove a district attorney from a case whenever such a move would assist the pursuit of justice.
"There were many point in this case where caution would have served justice better than bravado," he said. "Regardless of the reason this case was pushed forward, the result was wrong."
On Dec. 22, Nifong dropped the rape charges against Seligmann, Finnerty and Evans after the accuser told an investigator she was no longer certain a rape—as state law defines the act—had occurred.
The accuser likely still believes the sexual assault allegation, Cooper said. But he said criminal charges wouldn't be pursued against her.

Mounting scrutiny also prompted Nifong to recuse himself from the case on Jan. 12. According to his attorney, David Freedman, Nifong was concerned the accusations against him would be a distraction in the case, and he wanted to make sure there was a fair trial.

"He still believes in the case,” Freedman said. “He just believes his continued presence would hurt her."

On Jan. 30, Superior Court Judge W. Osmond Smith, the single judge appointed to preside over the case, postponed a critical hearing from Feb. 5 to May 7 so that special prosecutors appointed by the state attorney general could review the case. During that proceeding, the accuser was expected to testify and defense attorneys were planning to ask Smith to throw out her photo identification of the defendants.

With the criminal investigation now over, some legal observers say civil suits filed by the former defendants are possible for violating their constitutional rights and possibly for slander.

"I think it's likely at this point," said Durham civil attorney Carlos Mahoney, who has no connection with the case. "It sounds like the parents and the families are very interested in pursuing a civil lawsuit, and I would expect one to be forthcoming."

[nbs2]

However, Cooper said no charges will be brought against the accuser, saying she "may actually believe" the many different versions of the stories she has told. "We believe it is in the best interest of justice not to bring charges," he said.
...
Meanwhile, The Baltimore Sun reported on Wednesday that parents of Duke team members have asked if the university will pay the legal fees, estimated as high as $3 million, incurred by the families of the accused players.

I am astounded that nothing is being done regarding the woman - if she really believes the different versions, she needs to get some psychiatric help.

I don't know if they can expect payment from the university for the legal fees, but the damage to their educational careers may be possible. I could see them going after the state or the accuser (could you imagine the uproar over the rich white boys going after the poor black girl, all the while Al Sharpton forgets that she accused them just like he forgot about the his liabilities in the Brawley case).

[saunders45]

(could you imagine the uproar over the rich white boys going after the poor black girl, all the while Al Sharpton forgets that she accused them just like he forgot about the his liabilities in the Brawley case).

Nah, Sharpton is too busy getting all over Imus' ass. The hypocritical bigot has already moved on to the next limelight case.

[MacNut]

Nah, Sharpton is too busy getting all over Imus' ass. The hypocritical bigot has already moved on to the next limelight case.Sharpton is only out to make himself look good.

[fotografica]

Going to be interesting to see how the reverends come out on this one..

[saunders45]

When Rosie is taking shots.... damn...... (http://newsbusters.org/stories/rosie_defends_don_imus.html?q=node/11950) maybe it is getting sensationalized.

[Aniej]

So who got bribed this time around? :eek:
What an outrageous statement! Do you know anything about the matter at all?

No one got bribed, the DA completely mismanaged this from day one and completely abused his power and role that is vested with a prosecutor who is largely immune from being sued. In fact, it is just opposite of the question you posed. There was no bribe, rather there was finally an impartial thorough investigation by an outside law enforcement body that shed light on the matter.

[yojitani]

this was a weird case and certainly none of it seems cut and dry to me. the media went way overboard with the alleged details of the case, so i have no idea what is true and what is not. it seemed that at the beginning the (medical?) people who saw the woman just after the assault was reported were certain that she was violated, but then...

i just hope that the woman in question hasn't ruined her life or had it ruined.

[Aniej]

I can assure you, the Durham Police are totally incompetent. But even they couldn't "cover" this one up for a Duke paycheck.

Based on your posts, I assume you live or work in Durham?

I think this is an overblown statement about the police agency as a whole and is an easy attack to launch against a collective group rather than a few individuals involved in this investigation or another incident that has caused you to form this opinion. Moreover, you are conflating outrageous actions by the District Attorney's office with those of the police department, which were not perfect in any regard, but pale in comparison to those of the DA who has total discretion.

I am astounded that nothing is being done regarding the woman - if she really believes the different versions, she needs to get some psychiatric help.

I agree with you on an emotional level, but charging her with falsifying a police report would only further insight tension in a charged community. I also recognize the value in charging someone so as to say this is not ok and will be responded to accordingly, I just think from a public policy level it is best to leave that one alone.

I don't know if they can expect payment from the university for the legal fees, but the damage to their educational careers may be possible. I could see them going after the state or the accuser (could you imagine the uproar over the rich white boys going after the poor black girl, all the while Al Sharpton forgets that she accused them just like he forgot about the his liabilities in the Brawley case).

Not going to happen for several reasons. The two primary being: that the university simply suspended the students, that's it. The university has a right to comment on its student's activities, especially when a large portion of the story directly impacts and targets the university and its relationship with the community. The second reason is because while you have a constitutional right to a defense, you do not have a right to a defense using the most expensive attorneys which the government then has an duty to pay for. The only situation the government would pay is when the individual is an indigent and is constitutionally afforded counsel because they would not be able to afford any competent counsel without assistance. In the interest of keeping this brief, I will cut it off there, but I hope that clarifies a bit about the recouping of defense funds issue.

it seemed that at the beginning the (medical?) people who saw the woman just after the assault was reported were certain that she was violated, but then...
You have it pretty much correct. The Duke ER statements indicated that trauma had occurred and was consistent with the injuries associated with a sexual assault. However, these types of injures depending on how significant can also equally point a previous sexual encounter that was done in an aggressive, albeit non-criminal manner.

[Ugg]

This woman struck a blow against rape victims everywhere.

No, the woman didn't the DA did. He thought he had an easy case and wanted to drum up support from black voters.

This wasn't about rape but about a power hungry DA.

[Swarmlord]

The local sentiment still seems to be that they are guilty and got away with it.

The forensic and circumstantial evidence indicate otherwise.

[Swarmlord]

Who knows? Evidence gets planted all of the time.

I've only seen cases of that in drug busts, not rape.

[princealfie]

I've only seen cases of that in drug busts, not rape.

But you never know, do ya? :cool:

[obeygiant]

Those Duke athletes were Nifong'd (http://img247.imageshack.us/img247/764/nifongdos9.jpg).

[yellow]

The forensic and circumstantial evidence indicate otherwise.

I'm talking about the local populace that was outraged from the start.

[technocoy]

well,

I demand that Al Sharpton and Jesse Jackson apologize to these promising young euro-american young men who have risen to collegiate level sports and academia and that they both should be fired from their jobs as reverends as well as make a personal apology for all the judgmental and smacks-of-racism comments they made about these young men.

never happen.

[nbs2]

Well, I hope that Crystal Gail Mangum is happy with what she has done.

The sad (ironic?) thing is, if she ever is raped, I doubt the cops will persue with any aggression. I know that I won't feel any pity for her. While the DA carries blame, Ugg, Crystal is responsible for filing the report.

[Aniej]

princealfie & yellow

Perhaps you feel like responding to some of my points rather than making exaggerated claims.

[princealfie]

princealfie & yellow

Perhaps you feel like responding to some of my points rather than making exaggerated claims.

List your points and I will feel free to debate you then, okay? :confused:

[obeygiant]

well,

I demand that Al Sharpton and Jesse Jackson apologize to these promising young euro-american young men who have risen to collegiate level sports and academia and that they both should be fired from their jobs as reverends as well as make a personal apology for all the judgmental and smacks-of-racism comments they made about these young men.

never happen.

The Rev. Jesse Jackson said Saturday his Rainbow/Push Coalition will pay the college tuition of a woman who told police she was raped by members of Duke University's men's lacrosse team while working as a stripper -- no matter the outcome of the case.

"I can't wait ... to talk with her and have prayer with her, because our organization is committed, when she's physically and emotionally able ... to provide for her the scholarship money to finish school so she will never ... again have to stoop that low to survive," he said from Chicago in a telephone interview with The Associated Press.

When asked, the civil rights leader also said his group will pay for the woman's tuition even if her report proves false. …


I hope a trend doesn't emerge where strippers falsely accuse of rape then get college scholarships.

[yellow]

princealfie & yellow

Perhaps you feel like responding to some of my points rather than making exaggerated claims.

Edit, sorry, I missed you posts. One moment.

[princealfie]

Edit, sorry, I missed you posts. One moment.

Yeah, let's do the Burt Reynolds then.

[yellow]

Based on your posts, I assume you live or work in Durham?

I think this is an overblown statement about the police agency as a whole and is an easy attack to launch against a collective group rather than a few individuals involved in this investigation or another incident that has caused you to form this opinion. Moreover, you are conflating outrageous actions by the District Attorney's office with those of the police department, which were not perfect in any regard, but pale in comparison to those of the DA who has total discretion.

I have lived in Durham for the better part of 18 years. I have been robbed multiple times, each time having absolutely nothing to show for it from the Durham Police. I've seen a rotating door policy for Durham Police Chiefs over the last 5 years, at least 3 that I can think of. I look at my county tax statements where 41% goes to the police force and STILL there are people being shot and stabbed on public transportation, a horrible drug problem, and big city crime in a city of only 135,000... There's nothing overblown about that statement.

Perhaps you should re-read when I first made the statement. It was in response to "evidence gets planted all the time". Planted evidence is typically the domain of the police force, not the judicial force.

As far as I'm concerned, when this case dropped on Nifong's desk, he saw a chance to grind his axe for re-election, which he did. And despite the obvious (to me) total incompetence and axe-grindage right from the start, he managed to get elected AGAIN this last November.

I'm glad I moved to Person county.

Exaggerated claims. It is certainly your prerogative to think that.

[princealfie]

Yes, and honestly the lack of any positive DNA evidence doesn't exclude the possibility that a crime may have occurred...

Ah, wait a minute did I get this mixed up with the OJ Simpson case. Brown glove, tan glove, brown glove, tan glove, etc. etc.

[CorvusCamenarum]

Well, I hope that Crystal Gail Mangum is happy with what she has done.

The sad (ironic?) thing is, if she ever is raped, I doubt the cops will persue with any aggression. I know that I won't feel any pity for her. While the DA carries blame, Ugg, Crystal is responsible for filing the report.

This isn't the first time she's made a dubious claim to the police. Maybe if they actually held her accountable for her actions via criminal prosecution or at least some mandated psychiatric help she might learn something.