tag:blogger.com,1999:blog-32542246.post2285022430604498321..comments2024-02-24T05:19:10.949-05:00Comments on Durham-in-Wonderland: The Only "Evidence" Leftkcjohnson9http://www.blogger.com/profile/09625813296986996867noreply@blogger.comBlogger134125tag:blogger.com,1999:blog-32542246.post-39213963567377226182007-01-10T13:39:00.000-05:002007-01-10T13:39:00.000-05:00As a Duke alum, I have followed this case and your...As a Duke alum, I have followed this case and your razor sharp analyses since the inception. Thank god there are still people like you in our society who can see through the fog of political correctness and the myriad personal biases to expose the core issues. Your persistence and tenacity in the pursuit of truth are making a difference.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-44430338669802721542007-01-06T00:36:00.000-05:002007-01-06T00:36:00.000-05:00Seriously, is there any precedent for requiring an...Seriously, is there any precedent for requiring an in-court ID to be conducted as Victim in Massachusetts suggested at 1:17 (defendants seated in court gallery among similar-type people, witness has to pick them out rather than just pointing to the person sitting at the defendant's table)? I'm sure that the defense has thought about it but I would appreciate finding out if they would be allowed to do so.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-5169696812300833722007-01-04T20:49:00.000-05:002007-01-04T20:49:00.000-05:00Go Team!
NY Times tonight (from AP wire)
http://...Go Team!<br /><br />NY Times tonight (from AP wire)<br /><br />http://www.nytimes.com/aponline/us/AP-Duke-Lacrosse.html<br /><br />Here is the article:<br /><br />RALEIGH, N.C. (AP) -- A former Duke University lacrosse player sued the university Thursday alleging that one of his professors unfairly gave him a failing grade because he was a member of the team.<br /><br />Kyle Dowd graduated in May 2006, two months after a woman said she was raped by three of his teammates at a lacrosse party. The allegations set off a tumultuous few weeks in Durham, with almost daily protests by people who criticized lacrosse team members for a pattern of rowdy behavior.<br /><br />Dowd, who was not charged in the case, claims in his lawsuit that visiting professor Kim Curtis gave him an F in a politics and literature class that nearly prevented him from graduating, even though he had earned C's on his assignments to that point.<br /><br />''Defendant Curtis engaged in extreme outrageous and unethical conduct ... due to personal bias and prejudice,'' the lawsuit says.<br /><br />The university later changed Dowd's grade to a D, citing a calculation error.<br /><br />He and his parents ask in the lawsuit for the grade to be changed to a ''P'' for passing.<br /><br />Dowd and his parents, Patricia and Benjamin Dowd, are asking for a total of $60,000 in punitive and compensatory damages. The lawsuit was filed in Durham Superior Court.<br /><br />University officials declined to comment, saying they had not yet seen the suit.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-58547966075513610722007-01-04T17:36:00.000-05:002007-01-04T17:36:00.000-05:00"This is an insignificant point for those not clos..."This is an insignificant point for those not close to the game but an important one to whose who are: LaCrosse is a town in Wisconsin and a brand of work boots. The game is lacrosse. FYI"<br /><br />LOL!<br /><br />I thought that looked wrong after I typed it. I just didn't take the time to figure out why.Jerri Lynn Ward, J.D.https://www.blogger.com/profile/10097381893555114911noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-56523818433899942102007-01-04T16:17:00.000-05:002007-01-04T16:17:00.000-05:00jerri lynn:
This is an insignificant point for th...jerri lynn:<br /><br />This is an insignificant point for those not close to the game but an important one to whose who are: LaCrosse is a town in Wisconsin and a brand of work boots. The game is lacrosse. FYIAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-33131946121108808472007-01-04T16:06:00.000-05:002007-01-04T16:06:00.000-05:00This BS about the gov. and others having no author...This BS about the gov. and others having no authority is just what I said, BS!<br /><br />Remember when the bounty hunters were getting crazy in the 90's? First thing they had lawyers say is "there are no laws regulating these bounty hunters/bail agents". Quite a few got away with all kinds of crimes because of the legal spin.<br /><br />Then some bail agents went to the wrong house and killed a few people. They went to prison and things have significantly tightened up. Prosecutors and legislatures realized they had been put on. You can't break the law and then claim the law doesn't apply to you because your name is not written ON THE LAW. Every person has to obey all civil, criminal, etc laws. Nifong also has to obey all ethical rules, EEOC, Civil rights, etc.. he swore an oath to this yesterday. Things will heat up soon when the civil cases are filed. That is why Duke profs(newest post) are now coming out.The Dudehttps://www.blogger.com/profile/07417776000068927222noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-57756917285027940332007-01-04T15:02:00.000-05:002007-01-04T15:02:00.000-05:00"Despite all logical and legal reasoning to the co..."Despite all logical and legal reasoning to the contrary, I suspect that Nifong will still attempt, in his own double-speak way, to continue with his charade that this was not intended to be an official line-up and that any spontaneous statements by the FA about any alleged assault cannot therefore be excluded."<br /><br /><br /> The legal principles involved in the motion to suppress the photo id are not limited to formal line-ups. They involves any type of eye witness identifications that are unduly suggestive. Accordingly, it is a red-herring to discuss whether the photo id session was a line-up. It does not matter if the procedures were so suggestive as to make the identification unreliable. The same legal principles would be involved if a defendant were arrested and handcuffed and the eye witness id's him as he was walked through the police station on the way to lock up.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-6087276155849683412007-01-04T14:55:00.000-05:002007-01-04T14:55:00.000-05:00I do have a question for some of the legal eagles ...I do have a question for some of the legal eagles here. If the judge tosses that lineup doesn't that automatically toss the case? The lineup was the key to getting the indictment. If the lineup is tossed doesn't that toss the indictments?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-87589196033128639342007-01-04T14:48:00.001-05:002007-01-04T14:48:00.001-05:002:23 I totally disagree with you. I think this ca...2:23 I totally disagree with you. I think this case has grown so big, so high profile and Nifong's practices so egregious that in the end the powers that be will have to do more than give him a slap on the wrist. You are being impatient here. <br /><br />The Feds haven't stepped in because, they haven't needed to yet. Congressman Jones just asked them several weeks ago. Do you think they are going to drop everything else just for this? No. More importantly, there are a number of issues before the judge that the feds and many others aren't going to deal with until the judge rules.<br /><br />Look at the charge by the Bar. That is unprecedented. If they were going to slap him on the wrist, they wouldn't have done that. I believe they announced that as a result of the Dec 15 hearing and revelations of the exculpatory evidence. I think the Bar charge is a shot across the bow to Nifong to step down. If he doesn't then they can get more serious. <br /><br />They still have the option to pursue other charges such as the lineup and the exculpatory evidence problems.<br /><br />But they won't until the judge rules on them. However, the bar charges do give the judge the cover to rule harshly against Nifong. He can throw the book at Nifong knowing that he won't be all alone doing it. Once the judge throws the book at Nifong, the Bar and a lot of other people will too. <br /><br />Nifong's only hope for a way out now is to put the blame on the AV. If she backs out or discredits herself on the stand, he can drop the charges and get some respite.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-50782178492187953662007-01-04T14:48:00.000-05:002007-01-04T14:48:00.000-05:00the current judge is not a durham judge. Nifong i...the current judge is not a durham judge. Nifong is irrelevant to him. Plus, from a selfish standpoint, if he kicks the case it coudl be his springboard to bigger and better things, a federal judgeship, court of appeals. If he goes along with Lifing, he will be as despised as that foolAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-26583980889924805592007-01-04T14:45:00.000-05:002007-01-04T14:45:00.000-05:00The police and DA made a concerted effort not to '...The police and DA made a concerted effort not to 'know' anything that would cast doubt on the false accuser.<br /><br />That's why they never followed up with Kim, why they harrassed the poor cab driver, refused to view/hear the alibi information, refused to allow the defendants to take lie detector tests, failed to interview the false accuser, failed to read full reports about her non injuries and her trips to the ER trying to get meds, her mental history, her previous 3 man gang rape and beating allegation, her having resumed stripping days or at most a couple of weeks after her violent attack and all the rest of it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-4707507232534636402007-01-04T14:44:00.000-05:002007-01-04T14:44:00.000-05:00"A judge in Durham would be very reluctant to thro..."A judge in Durham would be very reluctant to throw out the case because it would open him up to retaliation from the district attorney's office."<br /> A judge who is not willing to make calls against a DA is has no business calling himself a judge. Moreover, such bias in favor of the DA would become glaringly apparent quite quickly and result in an uproar from the defense bar and over time from appellate courts. DA's have alot more to be concerned about in getting on the bad side of a judge than a judge has to be concerned about getting on the bad side of a DA. I've seen lots of prosecutors "kiss up" to judges, but never the other way around. <br /><br />"For example, the D.A. could simply refuse to schedule felony cases before that judge, relegating him to hearing only misdemeanor cases for the rest of his career."<br /><br /> DA cannot refuse to schedule felony cases before a judge. Such power would violate basic principles of Constitutional law.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-31861281322156862182007-01-04T14:42:00.000-05:002007-01-04T14:42:00.000-05:00So even though they had Crystal identify everyone ...So even though they had Crystal identify everyone at the party & who supposedly assaulted her, they never had Kim Roberts do it? Is it because they believed Kim when she said Crystal's story was a crock?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-74548831735792036442007-01-04T14:38:00.000-05:002007-01-04T14:38:00.000-05:00So far the facts bear out that anon 2:23 is pretty...So far the facts bear out that anon 2:23 is pretty much on the mark. If he were not, this case would be over with long ago. NC is simply a legal cesspool where the likes of Nifong can get away with criminal activity. Unfortunately, I beleive these boys may still end up not as criminals but as political prisoners. <br /><br />Here's the sad thing. As a country, througout our history, we have sacrificed many young lives (war) to end this same kind of behavior in other countries...and here it is right in our back yard.<br /><br />I am thankful, however that the NC legal system is not duplicated in other states and jurisidctions (recently our DA got sent away for 4 years for less than what Nifong is doing).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-35411984493166117602007-01-04T14:37:00.000-05:002007-01-04T14:37:00.000-05:002:31
The fair answer is no, absence of DNA doesn'...2:31<br /><br />The fair answer is no, absence of DNA doesn't mean a man is not guilty of rape, just like presence of DNA doesn't automatically mean he's guilty. <br /><br />There are plenty of examples where a man is guilty of rape and there is no DNA evidence...the rape wasn't reported for a few days or weeks, he wore a condom, he didn't ejaculate.<br /><br />In this case, though, the chances of a man ejaculating in the victim's mouth and her being given a rape exam within 5 or 6 hours, and her stating she didn't brush her teeth, etc. is virtually nil.<br /><br />The proximity of the alleged attack to the rape exam, plus the woman's statements that no condoms were used that at least one man ejaculated is what make her claims obviously false.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-91457064665463856122007-01-04T14:33:00.000-05:002007-01-04T14:33:00.000-05:00When does Nifong become eligible for a full pensio...When does Nifong become eligible for a full pension? How many sick and vacation days is a state employee allowed to carry from one year to the next?<br /><br />Could it be that he is trying to string this out as long as he can to retire with a full pension and not care about being disbarred?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-42861620406715919062007-01-04T14:31:00.001-05:002007-01-04T14:31:00.001-05:00Feminist blog(www.amptoons.com)posed the question ...Feminist blog(www.amptoons.com)posed the question to several experts: <br />"If DNA evidence fails to prove that an accused person raped an alleged rape victim, does that prove that the accused person could not have raped the alleged victim?"<br />One of her posted responses was from "Jennifer Friedman,J.D., Deputy Public Defender and Forensic Science Coordinator with the Los Angeles Public Defender’s Office, who has litigated several high-profile cases where DNA testing played a pivotal role and is also the founder and former head of the Los Angeles County Innocence Project." Jennifer Friedman was quoted as saying<br />“If someone is excluded, he is definitively excluded.”Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-84751552666586560372007-01-04T14:31:00.000-05:002007-01-04T14:31:00.000-05:00I think you are over estimating the protection he'...I think you are over estimating the protection he's getting.<br /><br />The one two punch from the bar and the DA's was a very clear message to Nifong that if he doesn't take care of business--get off the case--his career is over.<br /><br />The false accuser's 11th hour forgetfulness about the penises that she knew at one time were inside her and his statements that he's continuing on with the case unless she recants her IDs was the last straw.<br /><br />Nifong will be obliterated in the courtroom and everyone knows this.<br /><br />He has to find a way to get the case dropped or his career is finished.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-52829409966206525352007-01-04T14:23:00.000-05:002007-01-04T14:23:00.000-05:00A judge in Durham would be very reluctant to throw...A judge in Durham would be very reluctant to throw out the case because it would open him up to retaliation from the district attorney's office. <br /><br />For example, the D.A. could simply refuse to schedule felony cases before that judge, relegating him to hearing only misdemeanor cases for the rest of his career. <br /><br />In this case, the more I study it, the less I see any positive resolution possible. The governor is supporting Nifong; powerful political forces are still arrayed against the boys; the network of prosecutors, judges, and police still supports Nifong; the Department of Justice has evinced no interest. <br /><br />True, some prosecutors called for Nifong to resign, but that's just words, it means nothing. The judges and police all collaborated with Nifong to, for example, refuse press access to the signing in. <br /><br />I am not criticizing these folks. They are corrupt, true, but they have families and jobs they need to protect. I am just saying that as a practical matter, without gubernatorial or federal intervention, a bunch of angry letters just won't affect corruption that is entrenched to the degree it is in Durham. Since the feds and governor have basically said they aren't interested, there will be no justice for the Duke 3. <br /><br />I know that those of you who are not lawyers tend to hold an idealized view of the law as place where justice wins out in the end and wrongs are righted, but that just isn't how the criminal justice system works.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-68064278109208424122007-01-04T14:22:00.000-05:002007-01-04T14:22:00.000-05:00I agree.
New mommy/sex worker/college student jus...I agree.<br /><br />New mommy/sex worker/college student just wants to be alone, please respect her privacy...<br /><br />Nifong will blame the defense, say he really wanted to take the case to trial, continue to be a big hero to stupid blacks, and the NC legal community will write him a letter telling him not to hide exculpatory evidence anymore, wrist slap.<br /><br />I do think though that he is going to be a pariah among most circles in Durham that he previously was traveling in.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-68435372741427109432007-01-04T14:17:00.000-05:002007-01-04T14:17:00.000-05:00Just don't think Nofing will risk putting CGM on t...Just don't think Nofing will risk putting CGM on the stand. Look for a written announcement that because of all the publicity and pressure, the new mom has decided not to testify and to drop everything, followed by another no-press sign on the door.<br /><br />Provides about as much cover as this slimeball, who has caused so much damage to so many, can get at this point. Really, he was taken big enough chunks out of enough people's lives that his cost to society far exceeds the damage done in a typical murder case.<br /><br />Speaking of which, if CGM goes missing beteen the end of this "case" and the start of proceedings against Mr. Nifong, he's going to be the first person anyone thinks of in terms of motive and opportunity.<br /><br />Anyone doubt that he's in the process of transferring all assets to the wife or investing in a FL property for his retirement?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-42999510331811801252007-01-04T14:16:00.000-05:002007-01-04T14:16:00.000-05:00To 1:49 JLS
I can't conceive of a situation where...To 1:49 JLS<br /><br />I can't conceive of a situation where the lawyers or parents of the other LaCrosse players would allow them to be part of an in court id under the circumstances. God knows what would happen to a player she id's if he were different from the defendents.<br /><br />I thought by in court id, it was meant that she would point to the defendants as they sat at the defense table--the typical id that is done in trials AFTER probable cause has already been achieved.<br /><br />But, if the in court id were to happen as JLS portrays, then I think that the line up participants should be white members of the DPD--perhaps their rookie class. That would be interesting indeed.Jerri Lynn Ward, J.D.https://www.blogger.com/profile/10097381893555114911noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-61119958942264587562007-01-04T14:14:00.000-05:002007-01-04T14:14:00.000-05:001:42p.m. yes I can imagine what could have happene...1:42p.m. yes I can imagine what could have happened if the DNA of Collin, David and Reade were found on Crystal and that is what scares me to death. Knowing that there is a DA like Nifong and a Police Department that hates an entire college, is unreal.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32542246.post-23301048893230382592007-01-04T14:09:00.000-05:002007-01-04T14:09:00.000-05:00I got a response from the Edwards campaign. It was...I got a response from the Edwards campaign. It was an email asking me<br />to organize a local group.<br /><br />Nothing about the case of course.<br /><br />Senator Gregg has written me personally in the past so I'm curious as to what he will say on the matter. I've heard that other Senators just state that it's not their job.Michaelhttps://www.blogger.com/profile/11381497683202091939noreply@blogger.comtag:blogger.com,1999:blog-32542246.post-21214543026626459572007-01-04T13:50:00.000-05:002007-01-04T13:50:00.000-05:00For those of you who are interested, here is a lin...For those of you who are interested, here is a link to a good academic analysis of the law regarding the suppression of eye witness identifications. http://www.pdsdc.org/Cpi/CH_21.pdfAnonymousnoreply@blogger.com