Wednesday, September 06, 2006

Best of the Case

The lacrosse case has generated a tremendous amount of press coverage. Items not to miss include:
Within North Carolina, virtually every article published since May by News&Observer reporter Joseph Neff has contained at least one new revelation; and the work of the paper's main beat-reporter on the case, Benjamin Niolet, has been consistently even-handed.

10 comments:

Luk said...

Does anyone know why none of the local newspapers, or even a coalition of same, have not challenged the gag order in federal court or even state court as an infringement on the media's First Amendment newsgathering rights? I am aware that the results in challenging gag orders have been mixed, but several have been successful and the media have nothing to lose in bringing the challenge; they are not a party who might otherwise wish to stay on a judge's good side during the pendency of some key motions. Notably, it appears that North Carolina state jurisprudence frowns on gag orders. At this website, http://www.snpa.org/index.cfm?fuseaction=CircuitLegalIssues.gagorders
the author gives a broad overview of the law and concludes that "North Carolina trial courts often enter gag orders on trial participants and lawyers, it is not clear that such orders will be upheld on appeal unless there is actual -- not speculative -- evidence that there is at least a reasonable likelihood of harm to fair trial rights, and no alternatives that would protect against that harm."

Anonymous said...

In Cash Micahels' latest, he suggests that the player's silence is evidence something happened. What's not like about sound reasoning like that? By all means he should be included in KC's list for having the courage to state that the player's adherence to Titus' gag order and their failure to issue false confessions along with their refussal to be coerced into testifying falsely fot the DA must mean they are guilty of something. For so long he apologized for Nifong by saying that he must have something and now his pitch is that because he has nothing (silence) it must mean that something happened. For Cash, it would appear that Absence of Evidence plus Absence of Words eguals guilt.

Anonymous said...

You may not like it but Cash has clearly stated (and sequestered away from all the bogus prosecutorial misconduct and polic abuse) the one remaining strength of Nifong's case.

That a housefull of partiers have not given an account of what happened to them and to Crystal Mangum in the 5-7 minutes that indisputedly created this case in the first place is both a problem and an opportunity for Nifong.

To suggest otherwise is just willful ignorance.

Unless the players individually change that situation, Nifong can (and will) try the entire team collectively for the crime.

Duh.

Anonymous said...

It is ignorance to suggest that those 5-7 minutes created an opportunity for Nifong. Reade Seligmann was long gone by the time photo of the accuser was taken on the stairs at ~12:30 am.
And our laws should prevent Nifong from charging an individual with a crime because something might have happened to the accuser (she fell or passed out on the stairs-duh) when that individual wasn't even there when "something might have happened".

Anonymous said...

To 8:09AM poster. Is that a new standard for justice now days? “Something might have happened”. Or does this apply to the three defendants in this case only?
Cause, you know, if I am ever on the jury, should I use that new standard? Something might have happened, and it doesn’t matter if an individual is arrested for a crime he did not commit and couldn’t have committed because he wasn’t even there when something might have happened?

Jim said...

Need to add "When the Law is an Ass" from Duke Basketball Report.

Anonymous said...

When these young men hired the two "dancers" how did they know that they were getting one with a mental illness & who is off of her medication. As it is stated by the spokesperson for her family Jakki.

Anonymous said...

I'd like to know exactly which 5-7 minutes (The AV said it was 30, but that's subject ot change without notice) you are talking about? Timeline, please.

Anonymous said...

n the interest of balance I would recommend adding Cash Michaels article today to your list.

He sees this case very clearly now including what the end game may be.

http://wilmingtonjournal.blackpressusa.com/news/Article/Article.asp?NewsID=72238&sID=4

Anonymous said...

DUH you say:

Unless the players individually change that situation, Nifong can (and will) try the entire team collectively for the crime.

What crime? Nifong first has to prove that there was a crime? Where is the evidence for the brutal crime alleged by the accuser? Nowhere! Just because CGM says she was raped, that doesn't make it so. There is no proof of any rape... To bad for Nifong!

Duke Parent 08