Wednesday, November 08, 2006

Interpreting the Results

A few days ago, in a sensational column, Kristin Butler asked the unanswerable question about yesterday’s contest:

So will Durham County voters consider [Nifong’s] misconduct at the polls?

According to a Raleigh News & Observer poll, the answer is no . . . Now for once, I’m speechless: What could 46 percent of Durham’s likely voters [or, as it turned out, 49 percent of those who cast ballots] possibly be thinking?

Events of the last seven months have exposed an ugly side to Durham, a city that once boasted of itself as a center of progressive thought in the New South. We’ve all witnessed, with horror, Chan Hall’s infamous comment (the NCCU student told Newsweek that he wanted to see Duke students prosecuted “whether it happened or not. It would be justice for things that happened in the past”); or Nifong’s celebrating the installation of Victoria Peterson, heretofore best-known for hate-filled homophobic rhetoric, as co-chair of his citizens’ committee.

Last night’s results confirmed the existence of a larger constituency for the politics of revenge and prosecutorial misconduct than anyone could have thought possible seven months ago. But Nifong offered more than simple, Chan Hall-style revenge: with some well-timed assistance from others, his actions and rhetoric helped recreate in Durham a mirror image of the Deep South legal system of the late 1950s.

By any rational interpretation, African-Americans awarding a bloc vote to Nifong made no sense: because blacks are disproportionately represented in the criminal justice system, procedures (such as the Actual Innocence Commission recommendations on photo IDs) protect African-Americans disproportionately. So, to the extent that Nifong’s crusade to override procedures succeeds, the net result will disproportionately harm African-Americans.

Yet voters in a racially charged environment often do not cast ballots based on rational calculations. Poor white voters in late 1950s Alabama or Mississippi were not well-served by electing as governor demagogues like George Wallace or Ross Barnett—but they did so anyway, responding to the politicians’ race-baiting appeals.

Nifong isn’t particularly skilled as a race-baiting demagogue, and his shelf life is likely to be very short-lived. But he isn’t interested in long-term success; he said upon announcing his candidacy that he would only serve one term—or until his pension reached maximum.

Like demagogues such as Wallace or Barnett, Nifong had some help:

  • The local paper, in this case, the Herald-Sun: editor Bob Ashley, as he oversaw the hilariously one-sided articles of John Stevenson and played up the Monks spoiler effort, turned in a performance suggesting that he would have been right at home in Scottsboro during the 1930s.
  • The local fire-breathing radicals—in the early 1960s the local white supremacists, in this case the Group of 88: the Group’s statement and heated rhetoric suggested a rush to judgment that deemed irrelevant the “facts” of whether the “perfect offenders” were guilty or innocent.
  • The activist group demanding race-based justice—in the early 1960s organizations such as the White Citizens’ Council, in this case the NAACP: over the past seven months, the civil rights organization has turned its back on the legacy of Charles Huston and Thurgood Marshall on issues ranging from free speech to change of venue to “victim’s rights” to procedurally proper lineups.

---------

Nifong’s victory was Pyrrhic. Responding poorly to the pressure of a campaign, Durham County’s minister of justice uttered four statements that demonstrated an appalling lack of judicial temperament:

  • If a case is of such significance that people in the community are divided or up in arms over the existence of that case, then that in and of itself is an indication that a case needs to be tried.
  • You can make the case go away pretty easily . . . But that does nothing to address the underlying divisions that have been revealed. My personal feeling is the first step to addressing those divisions is addressing this case. That is not the kind of thing that you can really assign to somebody else and say, “You go do this for me. The future of Durham’s in the balance and I don’t really want to get my hands dirty.” [emphasis added]
  • They have endeavored to make this election something it is not: a referendum on a single case that that [sic] view as a threat to their sense of entitlement and that they do not trust a jury of Durham citizens to decide.
  • There was one guy who came by with a lacrosse T-shirt. I didn’t talk to him. I might have prejudged him.

With the minister of justice suggesting that Durham’s future could be destroyed by a not-guilty verdict, it seems extraordinarily unlikely that Judge Smith could reject any defense request for a change of venue. And I doubt that Nifong’s demagoguery will play as well anywhere else in the state as it did in Durham.

Nifong’s statements also raise the question of what more the State Bar or the federal government could possibly need before they intervene. At least now, if they do so, they can know that they are acting on behalf of the majority of Durham County voters who did not cast ballots for the minister of justice.

Moreover, as Jason Trumpbour pointed out last Sunday, Governor Mike Easley or his successor almost certainly will be appointing Durham’s next district attorney, regardless of last night’s outcome. “It is,” according to Trumpbour, “almost certain that Nifong will be suspended or disbarred” after a post-case inquiry by the state bar’s ethics committee. He then would be removed from office.

The question, posed by David Maquera, an attorney at the firm of Raymond&Prokop: “What does a prosecutor profit when he gains the world but loses his soul in exchange?” Only Nifong can provide an answer, as he looks in the mirror every morning.

77 comments:

Anonymous said...

More than anything, this speaks volumes about the poor ethics, priorities, values and lack of education on the part of the Durham citizens who voted for Nifong.

The one saving grace in this is that we will now get to see Nifong have his tail kicked if and when the case actually goes to trial. Furthermore, he stands to be disbarred from office.

Joe T. said...

I'd say Durham County should be walled-off from the rest of the U.S., but I wouldn't want to hurt the significant number of sane citizens there who voted against Nifong. Now : I welcome a trial, as long as there's a change of venue.

Anonymous said...

I cannot begin to state how profoundly sad I am tonight. The university I have loved for years, and which welcomed me with scholarship dollars when I could not possibly have attended medical school without those dollars has disgraced itself immeasurably and irrevocably. No future acts it might take can redeem the horror of its cowardice in this matter. As Reinhold Neibuhr said, " All that is necessary for the triumph of evil is for a few good men to do nothing." The ig-norance (spelling intentional) of the Durham electorate evokes images of hatred and retribution which are sad, pathetic, and strange. As in any tragedy of the failure of the human spirit, as this most clearly is, the bright light is precisely the luminescence of that spirit, in the actions of courageous Duke students who said- and voted- "No, not ever!", to Durham residents who said, "This is NOT Durham!" and to KC Johnson, who said, "Seek the truth in the facts and it will free you.My only dog in this fight is the facts." Can any sane person fail to know that the truth will prevail in this fight, as it ultimately always does.

Anonymous said...

If Nifong's actions and words have been so egregious, thus, then why are statements being made that no bar action can/will be taken until after the trial?

What are NC Bar procedures and precedent for taking action? Surely, case outcome is not required before ANY issue can be addressed? Is there a need for filed complaints that are not specifically related to the Duke case? (Mail Monks an application, fast.)

Any final vote totals available?

From what I've seen of the Nifong/Harris confrontation, Nifong is guilty of impeding a voter's attempt to vote. Nifong knew exactly who he was approaching, calling him by name. Clear statement was made by Harris to Nifong, "Get out of here." Nifong refused to leave, moving even closer to the car door, and then demanded of Harris, "You've GOT [bold and caps added] to be nicer than that." While not familiar with voting statutes in NC, I presume that surely there is one against candidates harrassing voters as they attempt to egress from vehicles to progress to the poll. Federal law also applies in a national election.

At the very least, Harris has a harrassment complaint. He told Nifong to leave him alone and Nifong did not. He expressed his desire not to be filmed and Nifong made no move to leave so that the media would move or to ask media to leave. Harris remained in the car to avoid that media. Nifong subjected Harris to trauma in having to confront an authority figure and being filmed by media. He was subjected to unwanted public scrutiny and embarrassment. Or, do they have laws in NC that require individuals to "be nice" when the local DA's dictates it?

Interesting to note that Nifong approached Bob as if they were the best of friends (and, perhaps they were at one time...I imagine that Bob Harris knows the family...obviously they live in the same neighborhood). The tone of his voice, like a daddy soothing an upset child incapable of comprehending a situation, when he said, "This isn't about Duke..." indicated that he was hurt and shocked -- shocked! -- that he was receiving this reaction. I wonder if Nifong noticed that his good ole buddy Harris hadn't been over for beer, biscuits, and banjo in the last 7 months?

Hopefully, the boys' lawyers have already volunteered their services to Harris, pro bono publico.

Yes, it is depressing. While the truth always prevails (at least when the victims of lies are still alive and kicking back), in many cases it is not often swift of foot to reveal itself.

We all knew this was probable. It was only in the last few weeks there was real hope it could be otherwise. But, we will rise to fight another day (tomorrow). And another...and another...

Twaddlefree

Gregory said...

Keep shining your light of Truth, K.C.! The Duke Three will need you more than ever. We now know the scope of the Great Evil in Durham. There are 26,116 conspirators in this faudulent enterprise. The good news is that the majority, 27,068, even in a heavily Democratic county are on the side of Truth and Justice.

Anonymous said...

Make that 27,067 on the side of truth and justice (unless you already subtracted Monks' vote for himself).

Twaddlefree

Anonymous said...

Amusing side note - Madame Nifong was interviewed on local TV at some point during the day, and she had two stellar lines. The first was: "I don't know the details of the (Duke) case, but I do know Mike, and I know he would never do anything wrong or unethical."

And then my favorite: "You know, it's just an election. It's not that big a deal. Winning the election isn't worth it if you, you know, lose your soul in the process."

Gee, where did she get that line from? And I thought she spent an hour on the phone talking to a defense-paid pollster who talked to her about the case the whole time. But she doesn't know anything about the case? Isn't she the only identified complaint on the motion Nifong filed, with the other being anonymous?

Anonymous said...

This is the diversity agenda in action. I can't believe anyone is surprised. Anyone who thought blacks merely wanted to be treated without regard to race is a fool. They want preferential treatment for themselves and punishment for whites. End of story. If you need more evidence than this, you're living in wonderland yourself.

Anonymous said...

I read a letter in the Durham Herald-Sun this morning in which a woman said that in the so-called lineups, the police showed the woman pictures of all of the white lacrosse players, and since some of them were not at the party, that satisfied the "non-suspects" requirement.

First, I am not sure that is true. Second, from what I have read, in the first line-up go-round, the accuser picked someone who had not been at the party. Of course, I am shocked that Liefong still did not indict that person, giving he knows the "crime" is a hoax, anyway.

Anyway, if someone knows if Liefong showed pictures of people who were not at the party in the fateful lineup, let me know.

William L. Anderson

EC said...

To Anon 6:33 am,

You are exactly right and took the words out of my mouth. I want to reiterate the point and all the good people who comment and read here should emblazen it in their minds. This case is about race, white guilt, and black special treatment (made even worse with vile self interest in the form of Nifong and now Monks). Actually, it is a grotesque example of it and a few notches higher than the OJ fiasco. I commend the few blacks (like Professor Coleman) who stood up against this travesty, though they are a few specks of pepper in a mountain of salt. The more people begin to realize this the better.

tlxcross said...

I mentioned a few weeks back that Mike Nifong would win this election. So, part one of my prediction has come true (though much to my dismay).

My second prediction was that in a few weeks, or months, but almost certainly before trial, Nifong will drop the charges against the three innocent victims. Why? He will state that the accuser is too "traumatized" to testify. This gives Nifong an easy out, a way to avoid the light that a trial would shed on his unethical tactics.

My final thought is this. As incompently as Nifong has handled this case so far, what do you think he'd do in an actual trial? If not for the pain caused to the three victims' families, it would almost be worth watching this clown.

Mark my words here. The case will be dropped because the accuser will not be able to testify.

Anonymous said...

"Mark my words here. The case will be dropped because the accuser will not be able to testify."

Highly unlikely. She has half the Durham community at her back and Nifong will put on quite the show for those people. The accuser knows she has a good shot at the civil payout.

Anonymous said...

Now that the election is over, what is to keep the defendants from filing civil suits against Nifong, Durham Cty and the State of NC in Federal Court over the due process violations? Why should that suit wait until after a trial. As for the accuser, can the defendants hire a private prosecutor to file charges against her for false accusation. Should could do a lot of pole dancing at Central Prison.

The other side of the coin said...

This involves a bit of a leap of faith but, in the long run, it could actually be better that Nifong was re-elected. He made this bed and he needs to lie in it. A dismissal by a DA other than Nifong would bring screams of " 'rich white daddies' having gone so far this time as to have the DA voted out of office because they knew they couldn't beat him in the court room." Not exactly an outcome that would clear the names of the players.

The leap of faith is a trial in which the boys are vindicated and Nifong is humiliated and exposed. While I wouldn't bet against Nifong dropping the charges because the AV is "too traumatized to testify," Nifong seems to be one stubborn SOB. If the boys can get a change of venue, I think the best outcome (disregarding the cost and stress during the proceedings) is Nifong getting his ass handed to him in the courtroom.

Anonymous said...

Cash are you happy this morning? Did the mind numb robots in Durham do you bidding? Is Nifong someone you can say you are proud to support? Can anyone ever take you seriously again? The answer to the last question is NO.

Anonymous said...

To: the other side of the coin:

The same people who did not hand Nifong his ass in this election are not likely to when they sit on a jury. Remember, these are the same drones that voted for him.

Anonymous said...

Before we question the Durham voters "choice" of DA, remember, 51% voted against Nifong. That actually says a lot. Realistically this was a steep uphill battle considering that Nifong's real challengers were [1] an unknown candidate to be named later and [2] a guy who could not even muster enough votes to get his name on the ballot. The message is clear...I say "well done" Durham voters.

Anonymous said...

Well done Durham voters? Please...
How silly is that? They elected Nifong, and you think they done well?
What a joke.

Anonymous said...

KC

You gave an accurate history of Durham, this case, and the South, but you left out one VERY important fact, a fact that reinforces the status quo and that is not known by the vast majority of Americans today because history lessons are run through a protective (dare I say one that verges on proganda) screen. Durham has been dominated by the Democratic Party since Reconstruction. NO REPUBLICANS have gained more than a small portion of the votes. That means that if you wanted power in DURHAM, you were a Democrat. Your idiology didn't matter. READ DURHAM HISTORY - you don't have to go far back. WHY IS DID DURHAM HIGH CLOSE AND NOT HILLSIDE?
You may be a Democrat from some other area of the country but this is Durham and the Democrats can't run from their own history. As one South Carolina Democrat who was about as racist as I've seen said to me. "You just don't know the South." Oh, yes I do, and I switched parties about 20 years ago. If you're a New Yorker who wants to defend these boys, read North Carolina history, read Durham history. It WILL surprise you. KC read the history of Durham and of Duke. White power politics first ignored the black vote then turned around and used the black vote, but that power politician looked into the mirror each morning and saw the same reflection.

Anonymous said...

Regarding the posts which predict Liefong will drop the charges, I highly doubt this will happen. If he does drop the charges, he cannot prolong this case, and then the lawsuits and bar association investigations will begin.

Liefong's ONLY hope is to take it to trial and get either a conviction or hung jury. To do so, he will be spending the state's resources; if he drops the charges, then his OWN resources are on the line. In other words, all of the personal incentives are in favor of going on.

Furthermore, he knows that the defendants' families are spending THEIR OWN money, which is very difficult for them and is a form of legal punishment. Thus, he keeps them twisting in the wind for his own perverted enjoyment, and for the perverted enjoyment of the blacks and white liberals of Durham who have driven this prosecution from the beginning.

This is a massive injustice, but one that is inevitable when politics and justice mix. Is it evil? Yes, it is, but welcome to Amerika.

William L. Anderson

CWD said...

I completely agree this case parallels Scottsboro with some important twists. Capital punishment is not an issue here, and now political realities require that Mr. Nifong cross racial lines to effect his unjust ends. Also, in this case injustice in the form of Mr. Nifong has been reelected and in Scottsboro justice in the form of Judge Horton was voted out. It is completely stunning to see this happen some 75 years or so after Scottsboro.

Aside from Cheek's loss, my biggest disappointment in looking at the election results is that the Duke community apparently had a very low turnout. I hold the Group of 88, President Broadhead, and the student urging other students not to vote somewhat accountable. But if Duke's brilliant, energetic, aware students could not sort through the information available on this case, see the compelling need to support due process and fairness for their fellow students, and take a strong stand at the polls, how can we be so critical of Durham residents still under the spell of an authority figure who is preaching exactly what they want to hear?

Anonymous said...

To 8:48
Sorry to burst your bubble, but yes, well done...
Get real...in real life it is very tough to convince people not to vote for a candidate when there is no real alternative. Voting for a lame duck challenger who did not campaign and made it very clear he would not take the job is a huge disadvantage. Having a spoiler in the mix is another huge disadvantage. Literally everything other than Nifong's reputation was stacked in his favor--especially the local media. Consider voter habits--look around the rest of the U.S. and look at the crooks who continually get re-elected. My guess is lots of those who voted for him do not watch 60 minutes and get 100% of their news from the local newspaper.

If Nifong had any shred of integrity about him, he would have won 90% of the votes given the factors in his favor. In fact, this was a referendum on Nifongs' integrity and he lost.

the other side of the coin said...

1. I did say that I preferred a change of venue.

2. Over 50% did vote against Nifong--any of those on the jury would be more likely than not to acquit.

3. Of those that voted for Nifong, at least some of that was based on (a) no known alternative; and (b) rich white folks/Dukies aren't going to tell me how to vote. Some of these same people will still vote to acquit.

4. Even in Durham, for Nifong to get a conviction, he needs a unanimous jury. The odds of him getting on the jury exclusively the subset of his supporters that will convict reggardless of the facts are pretty long. It only takes one person to refuse to vote guilty to hang the jury = no conviction.

5. Plus, the jury doesn't get to decide if the photo id is tained enough to be thrown out. If that happens (and the initial ruling will be appealed either way), Nifong has no ID and no case to take to the jury.

Anonymous said...

I think it will be interesting to see how much Monks law practice improves after yesterday. I suspect that his "bottom line" will grow by leaps and bounds. How many public defender cases will be assigned to him now? Like to guess?

Anonymous said...

I am not so sure that a Durham jury would vote to acquit, and a hung jury is not likely. The reality is that if it goes to trial, the trial will last several months. An empaneled jury will be under tremendous pressure to have a unanimous verdict, and because the black jurors are going to be predisposed to convict no matter what evidence is put forth, it will be up to the other jurors to hold out.

The judge in this case almost surely will all but demand a unanimous verdict. Thus, the jury either will vote guilty on all counts, or come to a compromise verdict in which they vote not guilty on rape, but guilty on kidnapping and assault.

I realize this is a depressing scenario, but I have observed juries for many years and have found that all too often they come up with verdicts that make no sense logically speaking. Yes, a guilty verdict ultimately would be overturned, but that might be years in the making and in the meantime, the three would be in prison and in peril of losing their lives there, as I can bet that the gangs in prison would be prone to meting out "justice" for the "rape" of the "Sister Survivor," as she is called in Durham's black community.

I just am heartsick at what I am seeing, and I only can hope that I am too pessimistic. However, American juries long ago ceased to be capable of being just.

William L. Anderson

Anonymous said...

I agree with the posters who believe that Nifong does not plan to drop the case because the accuser is "too traumatized" to testify. However, the accuser herself may decide that she is "too traumatized" and does not want to pursue these charges. If that happens, it will be virtually impossible for the DA to proceed; if it doesn't happen, it will be extremely difficult for him not to proceed, given his actions and statements so far. Though the lineup evidence is important to his case, he could still proceed, I think, if the accuser will testify (unless a ruling that the lineup procedures were flawed invalidates the initial indictments and would thus require the DA to re-indict in order to proceed--I don't know NC law on this point).

Anonymous said...

I think Mr. Anderson goes a bit too far here--it's true American juries cannot be counted on to be just, and that is a real risk in this case. But it is another thing entirely to say that they have "ceased to be capable of being just." While some juries do, no doubt, decide based on their prejudices and preconceptions, others try hard to apply sometimes complex legal standards to often ambiguous and disputed facts.

Anonymous said...

I haven't felt so ill in the pit of my stomach since 9/11. It's that feeling you get when you wonder "what is the world coming to". The knowledge that some citizens in Durham have such a hatred for the white race that they would choose an evil person a Nifong to do their dirty work is so upsetting. This is truly a case of good against evil. Unfortunately evil permeates Durham NC. To the citizens of Durham who voted against Nifong, I wish you well and applaud your courage along with the Duke students. If my child was a Duke student, I would pull him/her out immediately. But this is not the end. Nifong will not win and justice will be served. If this injustice has to go to Washington before the Congress, so be it. I will not rest until Nifong and all of his parasites are held accountable for the pain they have caused so many.

Anonymous said...

8:55 post - I don't know what party you are referring to in your post, but dirty politics is not just the offspring of the South. The Democratic Party has created this drone society (Durham) and they have created one in every major city in the country. Dems win by creating a constituency that depends on government for jobs, food, housing, affirmative action, you name it. When we finally demand that these parasites grow up, we may have people who can finally think for themselves and go to the polls and make rational decisions. Until then, it's politics as usual, not just in Durham, but everywhere. This travesty happened in Durham, but I believe that it could well have happened in any major city in the country.

Anonymous said...

To anonymous 10:24;
You nailed it right on---scary but correct!

Anonymous said...

To 10:22
That is exactly how I feel this morning. Today's Chronicle has an article about the election. It is evident from the comments made by Durham citizens that they do in fact despise Duke. Their comments make me fear the worst for these young men. This is all about sticking it to Duke and showing them whose the "boss" of Durham.

Anonymous said...

I'm afraid 10:24 may be correct--forces are in place for the Hoax to have occurred in any of a number of cities. However, the presence of a particularly dishonest, reckless, evil D.A., and the total moral abdication of the cowardly and inept Duke administration, and a corrupt local press created the debacle unique to Durham. Years ago, I lived in Durham, blissfully unaware that so many townies must have hated the mere sight of my family-- white, middle class, enrolled at Duke University. And never would I have dreamed that many of my own professors and fellow administrators must have hated us as well. A university whose own faculty and administration hates its own students? Who would have imagined? The boys will be free of this eventually. But the damage to Duke (self inflicted) and to Durham (self inflicted) is deep, profound and lasting. Can you ever feel the same about either ever again? sic semper tyrannis

Anonymous said...

10:54 I agree. I had no idea that so many in Durham hate Duke and its students.

A very concerned new Duke Mom

Anonymous said...

At the risk of sounding like a tinfoil-hat-wearing conspiracy theorist, I'd like to point out something to anyone who thinks the NC Bar will take action against Nifong.

As I understand it, the wife of Mark Simeon (i.e., the accuser's attorney) is an ethics investigator with the NC Bar. It is widely believed in the Durham legal community that it was Mr. Simeon's wife's involvement that kept Simeon himself from being disbarred after he broke into the DA's Office after-hours while running against former DA Jim Hardin a little over 4 years ago.

The fox and his friends are guarding the henhouse, ladies and gentlemen. Sadly, Nifong will walk away from all this unscathed knowing he will now have his taxpayer-funded full pension to comfort him through his twilight years. Meanwhile, Durham County will continue to suffer.

Anonymous said...

10:02, Prof. Anderson knows that the educational system in this country has failed miserably and that critical thinking is required by members of a jury. If you have not done so, please read Anderson's latest piece "Why the Duke Hoax Continues". It's a must read and a piece that will illuminate further what has just transpired in Durham. There is a very evil spirit among some members of our society and that is the spirit of entitlement. On a national level we will now see an explosion of it with a Democratic Congress. The new minority constituency of the Dems and the next most pandered to segment of the population will be the illegals.(My prediction)

Anonymous said...

11:15, surely the NC Bar Assoc. would not put anyone inside Durham County as an investigator in this matter. What a depressing thought that even the Bar is that corrupt.

ME said...

Professor Anderson @ 7:00am,

Joe Neff does report that the Apr 4 photo ID line-up (what now appears to be the third and final photo ID line-up) included the 46 white lacrosse players:

http://www.newsobserver.com/1185/story/496369.html

In the Mar 16 and Mar 21 photo ID line-ups the complainant was unable to identify any assailant, this despite being shown Seligmann’s picture in the Mar 16 photo ID lineup and Evans’ picture in the Mar 21 photo ID lineup.

Further, in all three photo ID line-ups the complainant placed lacrosse players at the party when in fact they did not attend the party.

Most interestingly, the complainant may have identified an assailant that may not have attended the party. The complainant did identify four assailants in the Apr 4 photo ID line-up. The fourth assailant identified was Matt Wilson. I believe it has not been reported whether or not Matt Wilson attended the party during the relevant time frame. My analysis of the Matt Wilson identification follows the two additional news reports that you may find useful.

ME

http://www.newsobserver.com/1185/story/496321.html

http://www.newsobserver.com/content/news/crime_safety/duke_lacrosse/story_graphics/20061008_dukelax.pdf


Turning Point #3

During the Apr 4 photo ID lineup the complainant identified an assailant that was never charged with any crime.

During the Apr 4 photo ID lineup, the complainant identified the person displayed in the fourth image as “one of the guys that assaulted me” via responses to the following:
Question: Did you recognize that person [fourth image]? Response: He looked like Bret, but I’m not sure.
Question: Who is Bret? Response: One of the guys that assaulted me.
Question: One of the guys that assaulted you? OK. Response: Um hum.

At that point Gottlieb inexplicably moved on to image number five (see Footnote 4). By quickly moving past image number four and on to image number five, Gottlieb disregards a standard procedure line of questioning he utilizes later in the this photo ID lineup. That standard procedure is to ask the complainant follow-up questions about the percentage likelihood the person identified as an assailant assaulted her.

The question at this point is: why did Gottlieb move past image number four, foregoing further follow-up questions, and on to image number five? A possible answer to this conundrum is two-fold. First, clearly Gottlieb knows the name “Bret” had no significance at this point because the only available “Bret” was Bret Thompson and he was included in an earlier lineup and he was not identified as an assailant (the same may be true with regard to Breck Archer) (see Footnote 4).

The second, much more insidious explanation is partially pure speculation at this point. Gottlieb may have rushed past image number four because, first, he knew the person displayed in image number four was Matt Wilson. The rush past image number four becomes much more insidious because 1) Gottlieb knew Matt Wilson was included in one of the Mar photo ID lineups and the complainant failed to identify Wilson as an assailant during the Mar photo ID line-ups, and 2) Gottlieb may have known Matt Wilson did not attend the Mar 13/14 stripper party.

It will be much more clear why Gottlieb rushed passed image number four and failed to follow his standard procedure line of questioning (asking the complainant follow-up questions about the percentage likelihood the identified person being an assailant) when the following facts becomes known:

• The physical location of Matt Wilson during the time frame of the Mar 13/14 stripper party,
• What Gottlieb knew or had reason to know on Apr 4 with regard to the physical location of Matt Wilson on Mar 13/14.

Anonymous said...

Nifong will not walk away from this without being held accountable. I have been in contact with the Department of Justice and FBI. They have been closely monitoring this case for 5 months. They have compiled information against Nifong. The NC Bar has numerous motions against him and there will be an investigation and he will be disbarred. Looks like the Govenor will need to find a new DA. The sewage is thick in Durham and it will take time for the FEDS to sift through it all but assuredly they are on the job. This corruption in NC has not gone unnoticed by the Federal government. The world is watching. Their will be justice for these young men and their families.

Anonymous said...

To the supporters of Nifong: May you rot in hell.... opps... you are in hell (Durham) and Nifong is your leader (Satan).

ME said...

Professor Anderson and Others,

The links I cite above do not appear in their entirety. They are shown in their entirety but in sectons below:

http://www.newsobserver.com/
1185/story/496369.html

http://www.newsobserver.com/
1185/story/496321.html

http://www.newsobserver.com/
content/news/crime_safety/
duke_lacrosse/story_graphics/
20061008_dukelax.pdf


ME

Anonymous said...

To 11:36
A thought. The police seized some of the cameras from the lax house and the emails on the computers. They probably had a good idea who was there or not.

Anonymous said...

To 11:37 poster,

The NC Bar has been a paper tiger with regrad to prosecutorial misconduct.

Expect at most a reprimand.

Anonymous said...

^^ I expect even less. No way will they mess with the 49% in Durham.

Anonymous said...

The NC Bar will mess with 49% percent of Durham when information is dug up about the personal indiscretions on all the board members and it is put out in the press for the world to see. Yes, the bar will take these motions seriously and will investigate the DA's office because they don't want their personal lives to go down the tube with Nifong. And their are many interesting tidbits to tell.

Anonymous said...

Now more than ever we need Broadhead to stop being a doormat. Broadhead is still yet to take a firm stand for justice for his students and for the Duke Community.

Howard said...

been reading you for a few months. You cannot ignore the fact that Blacks are as racist as any Old South White person of the 40s. Viola, here is their chance to lynch somebody as revenge.

Anonymous said...

I wanted Nifong to be voted out. But I never believed for a second that would happen with Monks still in it. It was in Durham's best interest for Nifong to be voted out. Since he is still there he will continue forward with this case. His judgement is clearly clouded and he will continue to do stuff that in the end just might cost the city of Durham a lot of money.

Anonymous said...

Howard, some blacks in Durham just might be racists. But the black vote going to Nifong has nothing to do with that. They voted the same way they always vote. That is how the black leadership in Durham tells them. Which is straight democrat.

Anonymous said...

^^ They would have gotten a Democrat with Easley's appointment.

Anonymous said...

12:37 No way Brodhead does ANYthing. He's afraid of the 49%.

EC said...

To Anon 1:13 PM,

Re: Howard, some blacks in Durham just might be racists. But the black vote going to Nifong has nothing to do with that. They voted the same way they always vote. That is how the black leadership in Durham tells them. Which is straight democrat.

I disagree. You are attempting to excuse racist attitudes and behaviour by saying that they (blacks) in Durham are too stupid and too lazy to think for themselves? I think not. I think they know exactly what they voted for and that is a modern day lynching.

Anonymous said...

12:17 I hope so, but these boys and their families should not have to pay the price "for the greater good."

Anonymous said...

I hate to say this but the blacks in Durham who follow the Democrats do not think far enough down the line to realize with Mike E as Govenor that they would get another Donkey DA. The leadership in Black Durham probably recognizes this and tells them to vote accordingly.

Anonymous said...

To 10:24 and 10:54:

I agree. I will say this, however. I have many generations of family from Durham. It was not always like this. Duke did not always have to create its own community and economy to protect its students and visitors as it does now. The white flight continues as democrats and the entitlement agenda increasingly prevail. My family moved to Charlotte with the rise of that location as a business and financial center and to Virginia and Georgia. While sad to think that the minds that graduate from Duke with local ties could not find sustainable and challenging work, that is the reality that forced the creators and supporters of Duke to move away.

This situation has undoubtedly affected Duke and will for years to come in terms of alumni contributions and enrollments. Realistically, few in this country probably gave a second thought to this case when it hit the media in March. The '60' program increased awareness, but likely not to the point where a keen enough interest was piqued by masses of Americans to truly absorb and analyze the case. While alumni can do a lot of damage given that a large number of their own children have been the future students of Duke (mine will not attend) and by withholding financial support, the key to exposing Nifong and the underlying agenda, here, is assuring that thinking people are aware of this travesty and have a means to place it prominently before the public eye. That is still not happening. (With all due respect to Bill Anderson, I was screaming -- at my computer monitor -- for him to tell it like it is months ago, yet he only did that clearly and forcefully in the last few weeks. This is a clear indication of the time and extreme required before enough, both black and white, muster the nerve to speak up and shout out.) It is doubtful that it will happen unless and until a judiciary somewhere takes action against Nifong. Even then, the PC mindset will prevail over the truth.

To 11:37: Give us your name and credentials, to whom you spoke and who is "on it" and I MIGHT believe you. While there is no doubt there are powerful watchers, here, due to the potential for racial violence, I sincerely doubt that anyone is seeking justice in the sense that you portray, at least not at this point.

To 1:13 who says: Howard, some blacks in Durham just might be racists. But the black vote going to Nifong has nothing to do with that. They voted the same way they always vote. That is how the black leadership in Durham tells them. Which is straight democrat.

How has it escaped you that this is the point? That they will do whatever they are TOLD to do. That they are told to vote democrat. They do as they are told because they are one group against another group, solely based on race. THAT is racism, pure and simple. The issue of intelligence is simply not in play with this mentality. There would be no group mentality if there were not many very intelligent blacks to create, foster, and promote it. Group versus individual is ultimately racist and always will be.

In general, and as I've postulated before, NOTHING will ever change the collective black community's mind in this case. THese boys will NEVER be innocent to them because they can never admit that one of their own lied, deceived, defrauded (the AV). Nifong is simply a pawn in their agenda. While the truth will prevail at some point, it will be twisted to excuse and absolve the AV and Nifong, going down in history as an "unsolved" case. The truly shocking aspect is that a very large number of Americans will believe this. That is the key to what we will surely and violently experience in this country in the near future.

Twaddlefree

Anonymous said...

Twaddlefree,

Next time, you have to scream at me, not the computer!! But you are right in part. I was waiting to see what the black leadership would do when the information continue to come out about the accuser and the implausibility of her story.

Unfortunately, now we know, and I felt much more free to write about it. Even though I am highly opinionated (as my wife -- and ex-wife -- will tell you), I tend to be a bit more careful when my words go into print. I am a pointy-headed academic after all!!

But, I do enjoy your posts, Twaddlefree, and I encourage you to continue to make the noise!

Bill Anderson (a.k.a. William L.)

Anonymous said...

I want to believe that 11:37 is correct, that the Federal government is doing something besides transfering wealth. I want to believe that is is minding the fort. I want to believe this ... but when I speak to people in other areas of the country, they really don't care about this case. They don't realize that we all have a stake in this case because our laws, like English common law, is based upon prescident.

I hope 11:37 is right, but why are they waiting?

Anonymous said...

Mr. "I am not a politician" Nifong makes me sick. He hired the son of Finesse Couch, who is very important in the Committee on the Affairs of Black People. He donated 600 dollars to the committee. He overlooks Destine's website, and his sexual harassment of a fellow assistant District Attorney. The last time the committee supported a white candidate for DA, unopposed or not, was at least 20 years ago, if ever. Their support for Nifong was solely based on the lacrosse case. This is just so sad. As a friend of mine said with tears in her eyes, " How could anyone who watched 60 Minutes have voted for that man?" Mr. Bradley, you have already done so much, is there any way you could revisit this case and reveal more of what is really going on?

Anonymous said...

Bill:

Yes, I know, and fully understand. Thanks for your kind words and for not taking personal offense (as I knew you would not).

Rolling on!

Twaddlefree

Anonymous said...

To Reade, Colin, Dave and their families your freinds and supporters are still here as strong as ever and more determined than ever to see justice done. We will not stop until your names are cleared. We will pool all our resources, make calls, write letters and voice a resounding, "WE WILL NOT STAND FOR THIS INJUSTICE" across the country which will resonate throughout the world. Battling evil is never easy but rest assured your guardian angels are a force to behold.

WJD said...

Does anyone know who and how many ethics have been filed with the NC bar concerning this case? You keep writing that the NC Bar will have to respond to complaints, but whose?

Anonymous said...

Do any locals here know the story behind Nifong's first marriage?
He never mentions his daughter...She wasn't in the campaign photo...
Maybe the N&O can get an exclusive interview?

Anonymous said...

To Justice 58: You obviously believe this is a great victory for you and maybe for you it is. It may make you feel better about yourself and your circumstances. It is not a great victory for the accuser. She is in deep and Nifong let her there. If the Black community really cares about her, they would make the justice system accountable for to her.
She has some troubles. Based on Nifong's statement that when he has spoken to her it has been to arrange for her to see her kids, she has lost her children. She is still working as a stripper and probably worse. She is under tremendous pressure. She has probably not been treated for any alcohol or drug issues she has. Her circumstances are very serious. I don't know why the Black community would consider this a great victory.
When the weight of upholding this entire prosecution rests solely on her shoulders, she will be carrying a heavy load.
Nifong has a responsibility to her that he cannot fulfill without blowing the whole case.
Congratulations.

Anonymous said...

Is it a known fact that AV has lost custody of her children?

Twaddlefree

Anonymous said...

One of the more disgusting post-election quotes from Nifong was "I'm just glad to get this over with...It's been hard on my wife, it's been hard on my staff. I think it's been hard on Durham..."

Wow, Mike!! So sorry it's been so hard on you--what do you think it's been like for Reade, Collin and David and their families for the last 8 months? They are being railroaded by you and your lies and deceit. Your "hard" doesn't even come remotely close to theirs. You're only out a few thousand $, while they're out hundreds of thousands (and counting). We are all awaiting (with high hopes) your downfall. Then maybe you'll really see how "hard" it will be!

Anonymous said...

To 5:39, my understanding is that Nifong and his current wife were both married when they met and began their sexual relationship. That could just be courthouse rumor, but it's what I heard from a few sources.

Anonymous said...

In the bible it is said that the Antichrist will come from the world of politics.

Anyone thinking what I'm thinking???

Anonymous said...

no, that is George Bush in a close finish.

Anonymous said...

Re: the AV's kids.
I think Nifong's wife has them tucked away.
Guess Durham is paying for that too.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

Hi, it's 11:32 reposting.

To 11:37 and others who think the NC Bar might do anything at all against Nifong, let me reiterate that Mark Simeon broke into the DA's office 4 years ago, and nothing happened to him. The bar supposedly investigated it, but nothing happened. It is, as I said widely believed that his wife's influence saved him.

Now that Mark Simeon is representing the accuser in this case, do you honestly think that we can expect the bar (i.e. Simeon's wife) to do anything to Nifong?

Anonymous said...

was that when Nifong claimed he was raped? Maybe the NC Bar determined it was a hoax.

Anonymous said...

http://www.ncbar.com/

can't find Simeon's wife associated with NC Bar ???

Anonymous said...

9:52, I'll call around tomorrow and get the skinny on Simeon's wife.

Anonymous said...

I was there in the old courthouse with Dumbfong and co. last night. It was truly more than I could take. Mr. Dumbfong walking around pandering to all of the black folks that are his only friends in Durham. Oh Mr. Linwood Wilson was there too! He had the biggest smile on his face and I did feel like I was watching the movie from the 50's. It is so very sad that this man has taken Durham back 50 years or so in the racial divide. One of the boys on the lacrosse team that I was standing by was told by an old black man that he knows those lacrosse players are going to get what they deserve. We all just walked away. I am sure Mr. Nifong would have felt proud to have heard such a comment.

Anonymous said...

K.C., thank you for your efforts. I'm sure this case must be horribly to think about on a daily basis. But closing one's eyes is not the answer to injustice. You are an inspiration to everyone.

Anonymous said...

Poor little Nifong. He thinks he is soooo important & beloved.

As soon as "the community" runs one of their own for DA watch Finesse & Company throw Nifong under the wheels of the bus. They'll have no further need for their token inept air head white boy.

I wish I could feel some pity for him but he'll get what he deserves.

Rob said...

It goes both ways - just look at 10:24 and 11:27, they've been duped just as badly as those idiots who voted for Nifong, just the other way.