Wednesday, December 13, 2006
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Comments and analysis about the Duke/Nifong case (2006-2014).
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DIW in the News
- New York Magazine (Kurt Andersen)
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- USNews.com (Michael Barone)
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Blog Archive
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2006
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December
(78)
- The Wendy Murphy File
- Washington Post: Drop the Charges
- "The Prosecutor Is Guilty"
- The Last 200 Hours
- Conference of D.A.'s: Recuse
- The Reaction
- John Stevenson: Reporter
- Analyzing the Complaint
- The Complaint
- The Hammer Drops
- Wilmington Star Demands Resignation
- Mike Nifong, on the Rape Evidence
- A Switch in Times?
- To Nifong
- Durham "Justice"
- Dead on Arrival
- Bazelon Targets Nifong
- L.A. Times: Drop the Charges
- The Meehan Transcript
- Christmas Roundup
- Today's Papers
- Nifong's Fantasy World
- Only in Durham
- Nifong in the N.C. Media
- Nifong's Sinking Ship
- Comparing Versions
- The Last Enablers
- What Mike Nifong Is Now Saying
- Brodhead, Finally
- The Beginning of the End
- The Cascade Continues
- Questions and Answers
- Nifong: DNA "Excludes" (Except When It Doesn't)
- Closing In
- Meagerly Articulated Agendas
- More from Jones
- Another Scientist on Meehan
- Leadership, Not Leakers
- Accreditation Agency Will Investigate Meehan
- Another Durham "Gang Rape"
- Gonzales' Remarks
- Sunday Hearing Round-Up
- December 15 Hearing
- Nifong and the Naïf
- Atmosphere
- Jones the Prophet
- Meehan: DSI Doesn't Follow Its Own Policies
- More from Meehan
- More Meehan
- The Perry Mason Moment
- DSI
- Meehan, Nifong, and Exculpatory
- Change of Venue Motion
- What To Watch For
- Coincidences
- The Lineup Motion
- A Few More DNA Items
- DNA Motion
- Live Blogging
- The Jones Letter
- Finally
- Creating Wahneema's World
- Group Profile: Wahneema's World
- Sunday News
- Best of the Case, V
- Checking In with "Spoiler Steve"
- The Calame Thesis
- The Baum Letter and a Durham Trial
- Statement Analysis
- How "Separate-but-Equal" Justice Works
- H-S "Opinion-News"
- Keystone Kops
- Checks and Balances
- Sunday Roundup
- The Board Takes Its Stand
- Census Coincidences
- The Herald-Sun's Peculiar "Corrections" Policy
- The Steel Trap
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December
(78)
Comments Policy
(1) Comments are moderated, but with the lightest of touches, to exclude only off-topic comments or obviously racist or similar remarks.
(2) My clearing a comment implies neither that I agree nor that I disagree with the comment. My opinion is expressed in my words and my words only. Since this blog has more than 1500 posts, and since I at least occasionally comment myself, the blog provides more than enough material for readers to discern my opinions.
(3) If a reader finds an offensive comment, I urge the reader to e-mail me; if the comment is offensive, I will gladly delete it.
(4) Commenters who either misrepresent their identity or who engage in obvious troll behavior will not have their comments cleared. Troll-like behavior includes, but is not limited to: repeatedly linking to off-topic sites; repeatedly asking questions that already have been answered; offering unsubstantiated remarks whose sole purpose appears to be inflaming other commenters.
- "From the Scottsboro Boys to Clarence Gideon, some of the most memorable legal narratives have been tales of the wrongly accused. Now “Until Proven Innocent,” a new book about the false allegations of rape against three Duke lacrosse players, can join these galvanizing cautionary tales . . , Taylor and Johnson have made a gripping contribution to the literature of the wrongly accused. They remind us of the importance of constitutional checks on prosecutorial abuse. And they emphasize the lesson that Duke callously advised its own students to ignore: if you’re unjustly suspected of any crime, immediately call the best lawyer you can afford."--Jeffrey Rosen, New York Times Book Review
Links
Motions and Documents
- Attorney General's Report
- DNA motion
- Lineup motion
- Supplementary lineup motion
- Change of venue motion
- Bar amended complaint/Nifong response
- December 15 hearing
- State Bar v. Nifong
- Brewer removal motion
- Nifong December 28 letter to Bar
- Nifong January 16 letter to Bar
- Group of 88 statement (removed from Duke website)
- Group of 88 membership
- Transcript of relevant sections, April 4 "identification" "procedure"
68 comments:
Thank you KC for being there for support the family members so much appreciate everything you have done.
More DNA news. Defense motion filed!
http://www.newsobserver.com/100/story/521017.html
also thanks KC
Thanks KC for all of you hard work.
KC, thanks. Please know how much we appreciate your hard work.
Duke07 Mom
Chicago writes:
Give Nifong our love KC! ;)
Have a safe trip.
To 2:43
Just read the article in the N&O regarding the DNA. Simply unbelievable!!! I don't know what else to say.
To KC:
As a Duke parent, thank you so very much for all the fine work regarding this case. You are definitely one of the heroes in this travesty.
Can this get any worse for this "victim" DNA from THREE more sources other than her boyfriend!! I really don't think you are EVER going to see her up on the witness stand. What are her supporters going to say about this?? This is a very chilling episode in our American judicial system, and EVERY one of us should be frightened....ANYONE can point an accusing finger at you and this could be YOUR nightmare.
Thanks as well, KC, for all you're doing for the cause! Enjoy your trip down South.
Day-ham, that N&O report on the additional DNA found in the hoax starter from ***multiple males*** is interesting! Crystal's out to beat Kobe's accuser! Pro vs Am, I assume. ;>)
N&O says that the lab 'failed to report' - does this mean that Nifong didn't know back in April? Or that he found out later and has been sitting on it thru October, and the defense just twigged to it recently & filed a motion?
KC--thank you so much for te live blogging from the hearing. When you did that in October it was terrific!! We know we won't have to hear the fabricated version that the HS will tell, or Beard with AP--both are worthless!!
You are doing a wonderful thing in being a champion for justice!!
duke2009mom
3:33 Anon:
Where did you see 'three'? The N&O is reporting 'multiple', have you seen another report since?
WRAL is weak, their site has:
BREAKING NEWS: According to a defense motion filed Wednesday, a private laboratory hired by the prosecution did not find DNA evidence on an alleged rape victim from any member of the Duke lacrosse team. The woman alleged that she was raped by three members of the team at an off-campus party in March.
Nuthin new there...
LOL!! Didn't realize that the DNA didn't match the alleged boyfriend's, either!
Hmmm, I wonder if we'll have a match for one Brian Taylor, the regular customer [at Platinum] at whose house the AV prepared for the night's festivities. Supposedly spent 2+ hours over there, then he drove her to the party.
He could certainly tell us what condition the AV ws in just prior to the party, but he's seemingly dropped off the face of the earth since giving a short statement to the DPD (or was it a news reporter?) a couple of weeks after Mar 13-14.
my bad.... it isn't THREE, is was several, it was the filing of two or three new motions... must of been where I got the "3" from.... I am just giddy with excitement of this new news!!! I really hope Nifong gets his on Friday!!!!!
Thanks, K.C. Keep safe- watch your back!!!
3:49 Anon:
No prob, 3:49. Odd that your post was at '3:33', reminds me of that STNG episode...
Seems she speaks the language of Athens as well, there were additional visitors to the rectal zone. And the lab met w/ Nifong/Gottlieb/Hinman on Apr 14, but didn't tell them this? Uh..huh...
Makes me wonder about ol' cash's statements recently re: the earth shakin'. He did mention 2 or 3 more witnesses, but what were they witnesses to? A little (or a lot) of prior nookiewanga?
you better hurry up!
it might be all over by
the time you get here!
from a non-attorney:
Could it possibly over this Friday? It all seems to move at such a glacial pace.
Ruhroh...
Also from the article:
On April 20 or 21, Meehan again met with Nifong and the two investigators in his Burlington office.
Meehan included none of these DNA results in his final report to Nifong on May 12.
The report violated DNA Security's own policies, which state that reports shall include "results of every DNA test," according to a copy of the policy filed with the motion.
Wonder what ol' Meehan is doing right now? Does he fess up and tell the truth, that Nifong told him to leave the extra evidence out of his report? He's counting noses right now - who's gonna cover his ass, trying to figure out if hitching his wagon to Nifong might have been a bad idea...
Sux to be Meehan right now, I reckon!
a 17 page motion can be found at www.WRAL.com
4:41 Anon, et al:
Thanks, 4:41!
Here's a link directly to the filing:
http://www.wral.com/download/2006/1213/10527414.pdf
So she was taking it in front and back inputs from clients without washing up in between? Then showing up for a party of guys without a bodyguard? She was not only a hooker but a low class one too. The guys at the party might shudder a bit just having been in the same room with her.
I wonder if any AV defenders will continue to worry about her "humanity"?
Uh, is this the earth shattering revelation we were supposed to expect this week?
Send in the trolls. Let's hear from you guys/gals.
Chicago writes:
It should also be pointed out Meehad stated he was willing to lower the price for Nifong because they "Wanted to be involved in the case." with that said perhaps because they wanted to be involved Meehan also agreed to take out those pages from thereport.
Chicago writes:
WRAL did not even remove the name of the false accuser from the motion they published on the website. It is right there for everyone to read on page 4. Perhaps WRAL feels she is so full of crap that they do not feel the need to protect her anymore. However, it is likely just a mistake.
5:05 Chicago:
Can you imagine being Meehan right now? He's making diamonds w/ his sphincter, wondering what the hell Tweakfong got him into.
Oh to be a fly on the wall in Meehan's depo as he spills his guts about the arm-twisting he got from Tweakfong & Gottlieb!
Too bad the Feds aren't tapping their phones right now as they burn up the lines trying to get their stories straight.
Meehan can walk away from this, fired & discredited but free, if he comes clean now.
Chicago writes:
Gprestonian:
According to some research I just did on the DNA Security site as well as on the website Onesource, it is Meehan's company. He is the President and sole owner. I think he better contact a good bankruptcy attorney right now because his reputation just went down the drain. His only hope for redemption is if he stands up for himself and exposes Nifong.
WRAL removed the motion from their site. Perhaps because the false accuser's name was not redacted in it.
Wow, just think of the deseases she is passing around in Durham. Her customers would be safer eating at Taco Bell.
5:32 Chicago:
Oops, good work, Chicago! Really really sux to be Meehan, huh? Say, didya get his cell number while looking at the site!? ;>)
Yup, Meehan is approaching the point of no return. Only a genuine moment of clarity will save him now.
5:34 Anon:
My link @ 4:44 still works, so the file is still there.
WRAL just removed the html link, quite possibly for the reason you mentioned.
GPrestonian, just heard on FOX news that there was DNA from 5 different people, not 3 as Anon reported. Nifong was definately hiding something
Chicago writes:
Just checked the WRAL link again, it is still working and her name is still on page 4.
Chicago writes:
Good God. Five people?? Sounds like the false accuser is a first class whore. Can you imagine 5 johns in one night? I would hate to go fifth. She is a busy girl...but oh she is also a devoted honor student and a mother of 2.....what a joke.
This is the single greatest case of injustice I have seen in my 30 years on planet earth.
First, the three witnesses to which Cash was pointing must have been Mr. D, Mr. N, and Mr. A.
Second, Meehan is not going to take the fall here. Does anyone think that Meehan withheld the documents on its own? We are dealing with Obstruction of Justice and Criminal Conspiracy.
This IS the opening for the feds. Whether or not they take it is another matter, but I can guarantee you that some people are in deepest trouble, and it is not the Duke 3.
Doesn't this new DNA Security issue open up an even bigger can of worms? If they report only what the DA wants reported will not every case in which their evidence was used come undone? Meehan, quoting from his website "has qualified as an expert witness for courtroom testimony in six different states/jurisdictions including North Carolina, Michigan, West Virginia, Wisconsin, Wyoming and Pennsylvania."
For that reason, will the courts go to any length to avoid dealing with this?
5:55 Bill Anderson:
Ya bastich, you owe me a new monitor and keyboard, the one I spewed the sumatra on!!! LOL
No question, that is the quote-o'-the-day!
"First, the three witnesses to which Cash was pointing must have been Mr. D, Mr. N, and Mr. A."
This is gonna really suck if this was what cash & cary was alluding to...
It cannot be coincidental that on both of the exact days that his lab finished its testing, Meehan also met with Nifong. Nifong wanted the results given to him verbally--and he must have directed Meehan to only put results relevant to the accused in its report. It makes perfect sense. There would be no other reason for the lab to deviate from SOP. also, it now is very clear why Nifong (and Meehan) did not want the judge to grant the defense motion to provide all the DNA results from the private lab....remember Nifong said it would be too expensive, and how ironic it was that now the defense wanted all that DNA information....
As of a minute ago, the Herald-Scum still had not acknowledged this information on its late-breaking news site. I cannot help but wonder if the defense left these guys totally out of the loop.
Keep putting on the heat, because Nifong now has to keep this thing going in order to stall a criminal investigation into his own actions.
If Nifong put the arm on the DNA lab to withhold the information regarding the DNA from the other 3 or 5 guys, then he is on his way to prison for obstruction of justice.
WOW, WOW, and WOW. I consider this earth shaking news. Not surprising the DNA was there considering the drivers claimed to have had sexual relations with her in the police report. I had wondered why the presence of other DNA had not been confirmed. Can we just say THANK GOD these men did not use condoms. Otherwise, the condom residue would have been interpreted as evidence of guilt for these defendants who will SURELY be exonerated soon.
Any ideas how DA Nifong can possibly explain the withholding of this extremely important information? At this point it seems the boys will be able to prove their innocence at trial, but it seems it won't be theirs; it will be DA Nifong's.
Godspeed to you, KC, and thanks.
Observer
Now we have a possibilty of this whole thing unraveling. Meehan's culpability and potential depo testimony is tearing at the worst fears of Hinman & Gottlieb. Gottlieb won't turn, I bet, but Hinman could.
As the truth is revealed and the tide turns we're liable to see folks in the DA's office come clean.
This is good news in so many ways - how about the 'lab rigged the testing' accusations of some in the AA community? Doesn't make much sense now that there's evidence that the lab was in the DA's pocket all along.
I have been a moderate voice in all of this and have thought and said that the predictions of Nifong's disbarment or jail were wildly optimistic. But this revelation is the real deal.
Prof. Anderson points out that Meehan is not likely going down without a fight. No doubt he's talking to a lawyer either today or first thing Thursday morning. If I were that lawyer I would be on the phone with whatever U.S.Attorney's office handles that area to see if they have an investigation open and to see if they would like to discuss immunity in return for testimony on criminal civil rights violations.
I never thought I would say this -- Nifong is toast.
http://www.wral.com/news/10527301/detail.html
Okay, look, it appears that meehan's dna was found in the sample. so, its official - there's now more evidence against meehan than the lax players.
maybe nifong can save his own skin if he dismisses the charges against the lax players and seeks an indictment against meehan. he'll have some evidence to put on. but i guess that only works if meehan is white.
WINDBAG
I would think the LAX players would have a cause of action against Nifong, the DNA lab, and the City of Durham for every dollar of defense costs incurred since the date the phoney DNA test results were released plus some serious punitive damages based upon the malicious acts by the DA and the lab.
to windbag at 648. maybe meehan has an alibi.
6:56 Anon:
Does he frequent the same ATM as Reade Seligmann?
Meehan won't have an alibi, he'll have a story to tell.
I just hope he has the guts to tell it, and doesn't eat a gun. Even if he's not made that way, I'd sure be concerned about the DPD if I were him. I'd be hiding right now, burning up the lines to an attorney in a 3-way call with the DOJ or NC AG.
Driving while Meehan could be fatal in Durham.
maybe meehan has an alibi
My guess is that the defense has even more information. If there is a "smoking gun" in this case, it will be on the side of the defense, not the prosecution.
The defense is not going to go away, either. Trust me here when I say that they do not simply regard this as a case of an overzealous prosecutor. The attorneys want Nifong's career as a lawyer to be over with, period. They want him disbarred and out of business, and I can guarantee you that guys like Joe Cheshire and Kirk Osborn are going to use their resources to pursue action against Nifong.
The significance here is not simply that there was no lacrosse player DNA or that even there was other DNA on the accuser. Instead, the issue is about withholding exculpatory documents. Nifong knew about this on April 4, and he tried to hide it.
Yes, he will say that he believes (1) a rape took place, and (2) the lacrosse players were careful not to get any DNA on her, but this dog simply will not hunt. One cannot go with the accuser's story and then say they left NOTHING on her.
Yes, Nifong no doubt would try to get her to tell another story, but now we are getting into subornation of perjury. In other words, there are landmines all over the place for this guy.
Given the record of the government in misconduct cases, perhaps the best we can hope for is a reprimand, but the basis of criminal charges is there, and there will be a lot of heat brought onto the feds to investigate, and it won't just be from Rep. Jones.
Pretty bad when the head of the lab doing the DNA testing comes back positive. Dr. Meehan's DNA came back on his own labs test. Here is a link to the report:
http://www.foxnews.com/
Anybody else notice that the defense is using the prefix "BS" in identifying the prosecution's documents? Amusing and apt.
Does anyone know the e-address to Cash Michale's we all should send him a little letter and ask how bad the ground is shakinggggg, down there
If you read Det. Soucie's handwritten notes posted on Liestoppers, Soucie was told by Meehan's lab that the DNA testing would take 3-5 days. Now I seem to remember back in April that Nifong publicly stated it could a very long time...but he had to know when he made that claim that it would only take 5 days to get results. He then made the trip to the lab the exact day they finished their testing (and coincidentally, he made the trip AGAIN the day they finshed testing the second batch of samples...) Clearly he was coaching Meehan on what to include in the report. (After all, he wanted to keep the costs down--that's why they didn't need to go into all the detail about the DNA that WAS found....If there wasn't a match, how important could it be? It would only hurt the poor victim...)
Would it be possible for the LAX players to sue the DNA lab if they find there was some type of tampering or "tom-foolery", or are they protected like Nifong?
The judge that covers fox news said that Collin, David and reade can sue Nifong, the Lab, and the State of North Carolina.
I wonder if how board of trustees of Duke are feeling tonight about the lack of support that they have given the families?
Ca$h posted on the TL boards that THIS is what he meant all along. He heard from a friend of a friend that there was news regarding the DNA results to come. Naturally he is claiming that he knew that there would be yet another non-linking of the players with the alleged crime. Of course, anyone with a brain can figure out what he was secretly hoping for. This whole thing long ago sputtered into the realm of disbelief, but now it's just downright insane. Someone, the feds, Dan Abrams, God, the ACLU, Greta Van Sustern, even Ca$h, needs to step in here.
KC is sizzling!
Too hot!
Even beyond mention!
Debrah
Dan Abrams was one of few out front on this hoax right from the beginning.
I adore him and really miss his show.
Debrah
wow - what a tangled web we weave -Facts are facts and truth will out.
I miss Dan and the show also - MSNBC need a lawyer(male please - I am female but those women are to much to take) like him to have a show.
Has anyone heard from Victoria Peterson or is she too busy trying to determine who tampered with these DNA results.
Victoria Peterson and her sidekick Kim Brummell are pulling an OJ.
They're out scouring all of Durham, looking for the real rapists!
10:05
I've been sitting on a limerick with a possible solution if you're interested.
Darby
idiots! how does this prove there was no rape? we knew there was no dna link to the players back in the initial report. does it matter if one dna profile is found or 30? it does not. the sbi missed all these samples, meaning they were degraded and old and had to be amplified by the private lab; they were not recent samples that would have easily been detected by the sbi. and this is all just good pr from the defense as they have known about this since the oct evidence drop. they timed this to be revealed before the hearing; it is that simple. the reason for this simple: there are some revelations from the other side coming out and they want to discredit them. rumors here are that:
1.nifong has a witness from the party on his updated list and/or
2.the accuser is pregnant and the baby was concieved in march(don't beleive this one and if so, anyone in durham could have fathered the baby so....? significance)
To 5:51:
So, you are telling us that DNA evidence is useless. You need to contact the Innocence Project and tell them that the numerous males, black and white, were wrongfully exonerated, since Ms. 5:51 says DNA does not matter.
Also, you need to contact Darryl Hunt and tell him he is a rapist. You see, his DNA was not found in the body of Debra Sykes, but according to you and the rest of the Durham "community," not having DNA found now is PROOF that the person whose test was negative is the rapist.
5:51.... A BABY!!!???? Omigod!! That has got to be the best one yet... The LAX players did not leave a DROP of DNA evidence... but somehow this woman is going to have one of their babies???!!! And not to be too graphic, but it is my understanding that the "area" in which most of the "DNA" was found was not where babies come from!!
Does any of the DNA match Destin Couch?
You can bet the ranch that Nifong directed Meehan to give him a verbal report before he drafted his report regarding the second round of DNA testing.
You can also be the ranch that Meehan's agreement to omit the exculpatory evidence from his report (perhaps because of his stated interest in being involved in the case?) amounts to clear evidence of a conspiracy to deprive the defendants of a fair trial.
If I were representing Meehan, I would not wait for the Justice Department to call him, I would be at its office by the close of business today trying to work out some sort of deal.
I only hope that once the dust settles someone will provide us with Nifong's prison address so that we can keep the cards and letters going.
to 551 and to support Bill A
It is your view that the DNA testing is so sensitive that it picks up all her sexual activity for days or weeks, picks up contamination from the lab, picks up casual DNA floating around the bathrooms, but that the violent rape by three people leaves no trace either on the vicitms body or in the bathroom who, according to other posters convinced of guilt, wer drunk. I can assure you that there is not one single scientist in the entire country who supports that view.
Here is my challenge, can you find one person who in writing or orally says that is possible.
5:51
Please follow up on the baby reports. Who is your best guess on the father? Elvis? Bat Boy? Tell us!
5:51
I know this is the CHRISTMAS season and all but are you suggesting another immaculate conception???? Precious is no Virgin Mary.
KC
You are a hero!
Wonder what good old Cash has to say about this. I wish Ed Bradley was here to watch this unfold.
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