Saturday, June 16, 2007

David Evans

Next up is David Evans (Dave Evans' father).

Has practiced law for 36 years.

Dave loves Duke--made some great friends at Duke. Did well academically--3.4 GPA, made All-ACC academic team each year. Started in 2005 national championship game.

First hears from his son on the 17th; got a call a little after 1pm--first thing he says is that he made a mistake, knows it, wants to describe the situation to him.

For next 10-14 days, Dave and other captains repeatedly apologize to Duke officials for hosting the party and hiring dancers; prepare written statement that accepts responsibility for the shame that it had brought on Duke and the families.

Zash, Evans, and Flannery did exactly what a prosecutor and police would want--cooperated fully. Gave statements from 5-7 hours, written statements, DNA offer, 7-page written statement by Dave; this statement basically a carbon copy of the AG's report. Went to police uncounseled; had not called either of his parents.

Dean Sue from Duke advised them to cooperate fully and tell the truth if police came to them.

"Floored" by Nifong statements that there was a stonewall of silence and that players wouldn't cooperate.

Points out that Nifong has lawyers--despite his statement calling into question the wisdom of hiring lawyers if you're innocent.

"We were eager to try to share information with Mr. Nifong. We were eager for Joe to talk to Mr. Nifong, or to allow Dave to be questioned by Mr. Nifong."

Statements maligned the entire team. Whole families "were under attack by Mr. Nifong. Our entire world changed as a result of these unethical statements that were made."

Every day, his son feels terrible about hosting the party--"these statements tore a lot of people apart." His son is very strong, proud of the way that he's handling everything.

His son has "led the way in handling this outrageous situation well, looking out not only for himself but his friends."

Knew at the end of April that Nifong was targeting Dave, but still hoped that reason would prevail. Find out about indictments just after baccalaureate ceremony at Duke, right before graduation. Had his job offer from JP Morgan withdrawn.

Continuing effects of indictments. "Lost sleep again last night" after hearing Nifong's statements. Did a yahoo search--"Dave Evans," "Duke lacrosse"--more than 5M hits.

Developed stress-induced diabetes as a result--trouble sleeping: learned that he had to "prove his innocence." "Know I had a lot of stress."

Dave's grandfather (89 years old) went regularly to Duke lacrosse games. "Took it very very hard . . . He was consumed with the case. Would say, 'Why is this DA going forward? Look at all the evidence.'"

Had sudden heart attack Aug. 20. "Great regret" that he died before he heard that the system worked and Dave was declared innocent.

Reaction to Nifong's comments yesterday? Resonated with him when Nifong said that he wanted his son to be proud of him. 'Less than candid if I didn't tell you how disappointed I was, and the Finertys, and the Seligmanns, when asked by the chair whether he felt whether a sexual assault occurred, he had a difficult time answering, and then said that something happened."

"I have a real hard time with that. I don't accept it." AG comprehensive inquiry. What did they find? They found that the accuser is a liar with a mental health history. Blasts Nifong for calling Crystal Mangum as a victim yesterday. He placed his career and reputation on a woman he didn't interview; then hears from AG that nothing happened--and he says he still thinks that something happened that night.

"That takes me all the way back to late March of last year when he began his unethical public statements."

[This was a statement of extraordinary power and grace.]

77 comments:

Anonymous said...

OMG, Nifong went after a lawyer's kid.

Anonymous said...

David Evans... what a pilar of integrity... the exact opposite of Mike Nifong.

Anonymous said...

A very classy guy.

Anonymous said...

Yep, everything Nifong is not.

Anonymous said...

I'd have a hard time keeping my hands from Nifong's neck if I were a parent and was testifying.

Bernie said...

Nifong looks like he is having heart palpitations.

Anonymous said...

"Dave loves Duke" (present tense).

Anonymous said...

He's not only a lawyer, he's a very successful one at one of the largest firms in the country.

Those parents weren't kidding--Nifong messed with the wrong kids (thank God these parents have the resources to fight back--I can't imagine what I would do in the same situation).

Anonymous said...

Whoa - I notice Mr. Nifong has lawyers - you go Dave!

Anonymous said...

He's not only a lawyer, he's a very successful one at one of the largest firms in the country.

Nifong would love to have his credentials.

Anonymous said...

Has a RIGHT to a lawyer. Absolutely.

Anonymous said...

3:05: You're right--most lawyers would. I work at one of those huge firms and have enormous respect for the partners I work for.

Anonymous said...

I'm teary-eyed. What a great dad. I couldn't be so collected.

Anonymous said...

3:04 -- I stepped away for 1 minute. Did Evans say that Nifong has lawyers? Ha ha.

Anonymous said...

Great testimony on the impact on employment. Another angle on the hell caused by Nifong.

Anonymous said...

Go Dad! I love how he is staring down nifraud between questions... Happy Fathers Day Mr S!!!!!!!!!!!!!!!!!!!

Anonymous said...

5,130,000 hits on Dave Evans and lacross on yahoo. Great, great thing to bring up to the panel.

God - these are real lawyers. Nifong must be sitting there in awe of such true professionals.

Not in his wildest dreams....

Anonymous said...

I'm pretty sure that Dave Sr is getting his financial institutions wrong. I think Dave jr works for Morgan Stanley, not J.P. Morgan. Totally different companies in all respects but a commonly mistaken as the same.

Anonymous said...

He was offered jobs a jp morgan, got a job at morgan stan.

Anonymous said...

What an unexpected bonus to hear Mr. Evans. I'm very pleased for him that he has HIS day on the stand.

Why are they showing the Fonger?

Anonymous said...

Why AREN'T? I mean.

Anonymous said...

Mom's crying. That's really going to tick dad off even more.

Anonymous said...

OMG...my daughter is a Type 1 diabetic. This will affect him for the rest of his life. He's insulin-dependent forever.

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

No. Let him have his day, 3:16.

Anonymous said...

I still want to see a final statement from the bar that addresses not only the 'Fong's misdeeds but reiterates the AG's report in explicitly saying that the Duke 3 are innocent of any & all wrongdoing and that it is crystal (pun unintended) clear that nothing whatsoever happened that nite.

Anonymous said...

Important to keep the pressure on and on and on.

Anonymous said...

Let him go on just because it bugs Nifong

Anonymous said...

He developed health issues from this, diabetes. This Nifong is directly responsible. A seasonsed attorney of 30+ years developing stress over the actions of one rogue D.A.?...that show a SIGNIFICANT impact on the lives of these families. A huge impact....an attorney of 30+ yrs....wow.

LTEC said...

Can someone explain to me the point of having David Evans testify about the character of his son? His son is not on trial, and has been officially declared innocent.

Anonymous said...

Williamson will not do that 3:17. That is not what they are here for. That is outside the scope of this hearing.

Anonymous said...

Itec, the point is to demonstrate that the damage was so severe that Mr. Nifong's conduct should be punished to the greatest extent of the board's power.

Anonymous said...

You're missing the point.

Evans is setting the stage for heavy penalty by this panel AND for civil lawsuits afterwards.

Evans is quite aware of the dynamics of the courtroom. You don't get to be a partner at Reed Smith (one of the top 15 lawfirms in the world) without a good sense of how to manage testimony. ;-)

Anonymous said...

316.. are you serious? Do you consider the "character" witnesses for nifong, as going to far in saying nifong is still credible?
This all goes to sentencing....

Anonymous said...

3:16: If Nifong's true victims don't get a chance to speak, where's there any justice at all?

I'm so sick of Nifong calling Magnum the victim. I hope this goes on for hours!

Anonymous said...

YAY! Dad addressed the "something happened" comment!!!

Anonymous said...

YES!! Brings up "something happened" crap... and coopers findings!!! GO DAD!!!

Anonymous said...

Itec...he is testifying about the impact to his family. The victims have right to speak too and help determine the extent of the damage so the bar committee can issue a fair punishment.

Anonymous said...

"I would be less than candid if I didn't tell you how disappointed I was and the Finnertys and the Seligmans when asked by the chair if a sexual assault had occurred and then said 'something happened that night in that bathroom'. I have a hard time at that and do not accept it. The attorney general investigated this case for 90 days and found the accuser was a liar with a mental health history."

Anonymous said...

Sorry, that "you're missing the point" was aimed at the comment about 'going too far'.

Yes, having one of the top lawyers in the country testify under oath that Nifong's offenses impacted even his own health ... THAT will resonate with the lawyers on the panel, I think.

Anonymous said...

GREAT - Slamming Nifong's conduct and saying who the real vicitm is.... and slamming him for still calling Magnum a victim and still not saying it after AG report. THIS IS SO PERFECT.

gs said...

rip him a new one

Anonymous said...

Way to go Dad. I sure hope that one of his Father's Day presents will be an announcement of Mike Nifong's disbarrment.

Anonymous said...

OOOOHHHH -
Evans is HAMMERING Nifong on the "something happened" line.

Anonymous said...

HAMMERED!

Anonymous said...

Staring down the Fong. Best thing yet in this hearing.

Anonymous said...

Strong ending for Mr Evans

Anonymous said...

AWESOME!!!

Anonymous said...

I'll bet Mr. Evans would love to go a few rounds with Nifong.

Anonymous said...

Dad rocks!!! Go Mom!!!

Anonymous said...

I know and understand 3:18 ... but isn't part of the problem that allowed this to stay a mess as long as it did ... folks being constrained to 'proper roles' (unable/unwilling to counter the Fong) rather than the pursuit of justice for all?

Anonymous said...

I'm sorry we did not see nifong during that

Anonymous said...

Smackdown!!! So glad the families got to vent that and you could hear the emotion that was barely contained. Just beautiful.

Nifong's apology was BS.

Anonymous said...

Glad Evans brought up Nifongs belief that something happened in the bathroom. The fact Nifong said that tells you all you need to know about this case and the DA that will soon be disbarred.

Anonymous said...

Show Fong. Show Fong. Show F0ng.

Anonymous said...

STANDING OVATION HERE IN DURHAM AS DAVID EVANS WALKS OFF

Anonymous said...

New Thread.

Anonymous said...

Wow.
Dave Evans just gave some of the strongest, most powerful testimony so far in this case.

Nifong is done. Disbarment, and highly likely civil and possible criminal charges to follow

Rob, Edinburgh, Scotland. said...

Mr Evans made a fantastically controlled appearance and skewered Nifong with morality and grace a number of times. Nifong doesn't have a shred of the dignity, credibility or authority of Mr Evans. I wish we could have seen Nifong's face.

Watching Mr Evans relive his and his family's experience is still making my blood boil.

Anonymous said...

Standing F***ing ovation!!!!!!!!
I was wondering where Dad was going with the family stuff. But he had this pat. Game Set Match
Check Mate Nifong fried.

Anonymous said...

3:19 -- I agree, this couldn't go on long enough to suit me...

Nifong took the blind "Lady of Justice" and struck her deaf, dumb and corrupt..

Any and ALL officers of the court, should receive punishment 10 score the level for non officers of the court...

This DA's violations - strike to the heart of our Republic -- and the punishment should match the crime.

Fry his sorry ass......slowly and perpetually...

Anonymous said...

From the article on ABC News:

Once Nifong's bar trial concludes, he could still face civil lawsuits from the families of indicted Duke Lacrosse players.

Joe Cheshire, an attorney for the Evans family, said that he expects "excessive civil action" against Nifong.

YIKES

Bella said...

These families continue to impress me over and over again. No one deserves to be tried for a crime they didn't commit but this is heartbreaking to hear these people talk about the last 15 months.

Anonymous said...

Wonderful - Mr. Evans' statement was bone-chilling and devastating to Nifong, yet it was delivered with a regal grace and poise that should serve as a model for the way people should handle themselves when they're in a similar situation.

Cedarford said...

Yikes! Maybe what Rae Evans meant by messing with the wrong family was that it will be bad enough dealing with me and Dave hitting back, but wait 'till the Old Man steps forth.

Powerful testimony. Not just another evisceration of Nifong but if you heard puckers when he talked of Dave's grandfather dying of a sudden heart attack bewildered and agonizing that his grandson was still ensnared in the Levicy-Nifong-DPD railroading and that he directly got stress related diabetes from the case...well, that pucker was from Duke, DUMC, and City of Durham lawyers thinking "more torts??". 5 million plus Internet hits on "Dave Evans" "Duke Rape".

Think of it as an opening salvo of things to come... Nifong is a good starting point, but neither he nor the "lying accuser with mental problems" is where the deep pockets are.

I think Mr. Evans did his statement not just to further sway the Bar to punish the DA harshly, but to set up criminal prosecution and establish in public that the torts are not trivial, but major league...

09 Parent said...

Beautiful job, Mr. Evans. I admire your refusal to accept Nifong's delusional and character disordered and malicious insistence that "something happened" after the AG's exhaustive investigation. WHAT TEMERITY!!
Thank you for speaking with strength, reason, balance and with strong emotions that all made perfect sense. But most of all, I admired the restraint you showed and the human face you gave the court. You are a wronged father more than an apalled attorney. The entire justice system let you down and was willing to destroy your son based on fabrications, malice and what they all knew were outrageous lies.
As the mother of a Duke student, I can only hope that David knows how much he is respected by his peers. You are correct. David did demonstrate leadership and character under fire after accepting his own mistake immediately and with grace... and David did indeed win the day.

miramar said...

This is why my daughter, along with many other Duke students, is proud to wear a Duke Lacrosse tee shirt. I don't know how any three young men and their families could possibly have reacted better than the Finnertys, the Evans, and the Seligmans.

Happy Fathers Day to all three!

Anonymous said...

I am blown away. The reason your childern go to Duke is to study with really smart kids from all over the world. They all have REALLY smart parents. I know and I am so proud of Dave's dad.

BRODHEAD MUST GO!!!

Kemp

Anonymous said...

Ever since the Duke lacrosse hoax story broke, I've been very impressed with the maturity and poise of all three of the accused students.

No justice, no peace said...

"BRODHEAD MUST GO!!!"

Amen brother.

Gary said...

Points out that Nifong has lawyers--despite his statement calling into question the wisdom of hiring lawyers if you're innocent.

This is NO contradiction, Nifong knew his own guilt and so it was perfectly proper for Nifong to get lawyers.

Mandelbrot's Chaos said...

True, Gary. Not contradiction. Irony of the sweetest sort.

Anonymous said...

That new New York haircut is exactly what Dave needed.

Anonymous said...

Glad you all got to see Dave, Sr. A true gentleman, and an outstanding attorney.

He's an avid sailor as well.

I agree, Dave is everything Nifong is not. He's just what Nifong wanted to be.

-Esquire-
-Maryland-

Anonymous said...

Mr. Evans> Happy Fathers Day. Tell Dave, he won't be remembered as an accused person.
He will be remembered as a falsely accused victim who held his head high and stated the truth from the beginning.
You and your wife have done a great job, he's someone anyone of us would be proud to call a son.
I'm an east coast lax mom with two of my own, I always felt like I knew the guys. Most kids who play lax are great people who will do well in life.

I, along with many silent others have been watching, praying and pulling for your families.
You were never alone. It is heart breaking to know that is how the guys felt on their own school campus. They were never alone, just in a poor place when they needed the grown-ups to protect them. They failed misrerably. Duke has forgotten it is a school, with young adults attending. The G88 definitely doesn't know that.
KC> thanks for everything.

Anonymous said...

is Duke a state school?

Anonymous said...

Can anyone tell me the name of the Saint Mr. Evans referred to as one the families learned about as the patron of [? difficult? causes?"