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Comments and analysis about the Duke/Nifong case (2006-2014).
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Blog Archive
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2007
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May
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- Eugene Brown Speaks Out
- Class & No Class
- Defending the Durham Status Quo
- NCAA Grants Waiver
- A Blow to Hodge
- Lacrosse Ad
- Group Profile: The Deutsch Files
- Seligmann to Brown
- Standing Out
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- Unfortunate ESPN Comment
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- Trustees, Dartmouth, and the AP
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- Men's Lacrosse Wins
- A Word to the Wise
- The Astonishing Mr. Chalmers
- Pressler Interview with AP
- DPD: Internal Candidate to Replace Chalmers?
- Linwood & The Intimidators
- The Group of 88: Non-Endorsement "Endorsements"
- Chalmers: Revising History
- DCU: "We're Listening"
- Who Are the Clarifiers?
- La Shawn on Taylor/Neff Panel
- Nifong, Wilson, Meehan to Testify
- Linwood Wilson: Threatening, Intimidating Behavior
- Shifting Standards
- Council Video Up
- Council Moves Toward Inquiry
- Patrick Baker, City Manager
- Tonight's City Council Meeting
- More Bad Times
- Upholding "Separate-but-Equal" Justice
- Men's & Women's Lacrosse Advance
- Sunday Review
- Neff, Taylor at DC Event
- The Dowd Case in Perspective
- Revisions
- Cheshire, Cooney on DPD
- Point of Emphasis
- Charns: What Does a Law Enforcement Disaster Look ...
- Farred's Secrets
- N&O, H-S Dismiss Baker/Chalmers Report
- Good News from the DSG
- No AG Inquiry
- Ashley: "We Have a Lot to Celebrate"
- Brad Bannon on WRAL
- More Questions Than Answers
- Times Readers Speak Out
- Sunday Roundup
- Bell: Outside Investigation Needed
- "Typical"
- Dowd Settlement
- Whitewash
- Report Countdown
- Friday with Farred
- Baker/Chalmers Report Due Tomorrow
- Twelve (and One) Questions for the Trustees
- Serena and the Potbangers
- Feinstein's Flexible Standards
- Law School Panel
- Feinstein: "They're Probably Guilty of Everything ...
- Brad Bannon: The Unknown Soldier
- Neff Sets Stage for Chalmers Report
- Sunday Roundup
- Crying Wolf
- Globe Readers Rebuke Murphy
- Levicy and Linwood
- Chafe's Conspiracy Theory
- Levicy and Law Enforcement
- More Murphy
- The Levicy Exam
- A Question for Wendy Murphy
- The Astonishing Wendy Murphy
- The Group: Divided, Defiant, Delusional
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May
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- "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"
29 comments:
Since no one in Durham accepts responsibility for this travesty some outside agency must move to investigate and punish those that are responsible. KC has done all the work in an extrodinary manner. Where are the authorities
Do you think the defense team is waiting until Nifong's bar hearings are over before filing a civil suit?
I agree wholeheartedly. There needs to be an outside investigation, including a criminal investigation. Since Baker and Chalmers have chosen not to tell the truth, we must look elsewhere.
By the way, on Talk Left, they really are saying that it was all the fault of the attorneys, and had the attorneys just tried to give Nifong exculpatory evidence, he would have accepted it. This is mind-boggling to me. We have the record of Nifong's statements, but apparently none of that matters.
Since Reade Seligman's alibi information was made public and given to the media many, many months before Roy Cooper got involved it seems absurd on its face to say that if only the defense had given the alibi information to the cops/DA it all would have ended.
I actually find that position extremely insulting. If Dan Abrams could get the alibi information and review the photos why couldn't the police and prosecutor?
Answer: They could and they did, they just ignored it. The whole purpose of subpoenaing the other players dorm key card data was to find a way to discredit the alibi information.
Brad Bannon is a superman hero of the hoax. As no Federal agency saw fit to enter into this case, when civil rights were thrown out the window, why would they come into it now?
Once Nifong has had his day in Court, this event is over. Durham will or will not clean up it's house. I for one do not care what they do, I don't live there and have absolutly no impact on decisions made about Durham.
I don't live there either, but due to the notoriety of this case, doesn't it set a tone, if not a standard, for acceptable conduct on the part of police, DAs and their offices, medical personnel, professors, college presidents, etc. everywhere? Can we really live with this? Not addressing this on a national level can only be to our great collective detriment--these are our criminal justice system and our United States Constitutional protections at stake.
Observer
If everyone remembers, the SP's job was to investigate, whether Reade, Collin and Dave were guilty or not. They were not tasked to investigate the DPD. Maybe if Mayor Bell is listened to, the NC Attorney General will start an investigation into the DPD. The Mayor said he would follow up his request this week, hopefully that will happen.
The lies just never end. Nifong said specifically that nothing would change his mind, all he needed with a complaining witness. He also arrested a disclosed alibi witness. So now the defense attorneys are to blame--just ludicrous.
Now we have the spectacle of the police "discovering" that the line-up they conducted, the only link to the three victims, was improper but for an apparently "innocent" reason. Of course, all the facts necessary to know that the line-up were improper were public, but multiple people defended what anyone with a brain should have known--it was a sham.
I think my head is going to explode.
The only bonus in this fiasco is that the bad guys are so brutally stupid.
So, they showed the stripper several line-ups and she couldn't pick out any attackers.
They already knew the party was attended by 98% of the team, yet they changed the 'line up' strategy to find some witnesses...even though they already had a list of witnesses, the lacrosse team, most of whom were at the party.
No explanation of how or why she changed from 4 attackers to 3. Of course we know the reason is that the 4th guy she ID'd wasn't at the party and could prove it. A reasonable person would have serioiusly questioned the stripper at this point. You said 4 guys attacked you, you ID 4 guys, one of them wasn't at the party. Instead, they simply stuck to 3 attackers from there on in.
Bring on the lawsuits.
re: "As no Federal agency saw fit to enter into this case, when civil rights were thrown out the window, why would they come into it now?" - 12:53:00 PM
IMCO, this case is already under federal review, but will not be acted upon by same until state-level remedies have been fully exhausted -or- ignored.
With the ball back in AG Cooper's court, it's now up to him to make the determination.
No doubt, a tough call for Cooper, since a thorough, impartial investigation of DPD/DA procedures is bound to open a very large can of worms, and create a number of unintended consequences.
Still, better than passing it off to the Feds, which would be rightly seen as a dereliction of duty.
Carolyn says:
Brad's point about the DPD refusing to take blame is priceless: "How could it be wrong, but nobody be wrong?"
Bannon exposes the truth of this ridiculous 'investigation' the same way he found the truth in the ungodly mess of lab papers Meehan and Nifong tried to bury it in. Ohhh, bad guys, no use trying to hide from Bannon - he'll find you anyway.
By the way - Bannon DOES look awfully young!
What evidence do you have, that this case us is already under Federal Review?
I don't remember how we knew this, but we understood from pretty early on that a file had been opened on this case at the DOJ.
Legal Eagle, why is it a dereliction of duty for AG Cooper to turn this over to the Feds? Sure beats not doing anything.
Can the NC AG even conduct this investigation properly given that we understand the AG would normally defend DAs in lawsuits against them. Would the AG also ordinarily defend the police in lawsuits?
Observer
re: "What evidence do you have, that this case us is already under Federal Review?" - 1:55:00 PM
None, except empirical, on which I base my considered opinion.
And do remember the question when this all shakes out.
It was interesting to see Bannon note that the DPD and the DA ran criminal background checks on every player on the team, but they did not do that on Mangum. They accepted her word without checking the facts, which once again suggests that they simply did not want to examine anything that called her story into question. This is unsurprising since whenever there were known inconsistencies, Nifong would create some bizarre rationale for them (the thirty minute attack that turned into 5-10, the magically appearing condoms that did not exist), ignore the evidence (time stamped photos, cell phone logs), or simply forget about them and never mention them again (remember the false fingernails that she broke off fighting off her attackers, but that were already broken in the dance photos?). How did Nifong think he could get away with this? How could Baker and Chalmers think that anyone would swallow this report? It must be the water.
To Carolyn:
He looks like Peter Parker's older brother!
BTW, I find the total lack of accountability really frightening. Looks like police chief Chalmers is just going to keep his head down til retirement and he'll get off scot-free. He did appear before the City Council in March, though, asking for 60 more officers for the 501-member force. The article said:
Though homicides were down in 2006, rapes, robberies, aggravated assaults and motor vehicle thefts reached five-year highs.
Council members were concerned about the crimes and who was committing them.
Chalmers presented robbery statistics from the fourth quarter of 2006 as a snapshot. More than 93 percent of the suspects in the 274 robberies were black; more than 32 percent of suspects were younger than 18, he said.
"We as a community have got to somehow come to grips with that and find a way to deal with it," Mayor Bill Bell said.
Hunting for the latest fad in policing isn't the solution, Chalmers said.
"We tweak from time to time the things we are doing," he told council members. "But my advice to my staff is, 'We're going to stay the course.' "
How reassuring - NOT!
re: "Legal Eagle, why is it a dereliction of duty for AG Cooper to turn this over to the Feds?" - 2:11:00 PM
The NC/AG is the state's #1 law enforcement officer. Beyond that, it's federal.
This is not to suggest the AG won't undertake proper action, because in legal reality he doesn't have much choice.
If there's a wild card, it's marked 'P' for political, although up to this point, Cooper's actions in this case have been exemplary.
Patience.
"By the way, on Talk Left, they really are saying that it was all the fault of the attorneys, and had the attorneys just tried to give Nifong exculpatory evidence, he would have accepted it."
Talk Left is a joke. It is easy to win an argument if you can pick and choose your facts and all you care about is ideology.
While there are some honest posters there the board seems dominated by two idiots.
I live outside Washington DC and have no affilitation with Duke. If I was aware of the exculpatory information such as the photos and ATM and taxi records for Seligman just from watching TV, why didn't the Durham Police Department know about it. It's very weak of them to claim that they can't be held accountable for the flase charges because the defense didn't provide the exculpatory information. Correct, it's not weak, it's just a simple lie!
If I wanted to create a process to deliberately charge innocent people, I would use the DPD investigation:
1. Let an accuser take as many swipes at a line up as needed.
2. Don't cooperate with the defense.
3. Intimidate those who don't support the case (taxi driver) or buy off those who do support the case (Kim and Wilson with his big raise).
4. Delay for as long as possible by not responding to motions, postponing delivery of discovery.
5. When faced with exculpatory evidence that you didn't intend to find, hide it, bury it, and always forget it exists (DNA).
DPD looks worse every day.
The existence of the radical Left and its race/class/gender minions and enablers is wholly dependent upon the perpetuation of supporting lies. Contradictory facts are ignored and dissenting sources are disparaged or shouted down. This is how the true believers have to operate because their positions cannot survive the bright lights of intensive scrutiny or rational debate. The lies and misrepresentation are never going to end, because there is a growing segment of society, academia and the consequent political spectrum that lives in a delusional, self-generated fairy tale - hence DIW.
I have been reading everyones posts with great interest over the course of this travesty.
Regarding the potential for a DOJ investigation, I was a member of LAPD for over twenty years and can tell you that the FBI does not wait for other investigations to complete before becoming involved - they were interviewing officers at their homes in front of their children within hours of an allegation regardless of how bizarre it might be.
Of course the allegation was usually on behalf of one of the protected groups.
I'm just not too hopeful that there will be a civil rights investigation without a lot of pressure being brought to bear.
4:59 commenter is correct. Pressure needs to be brought and brought immediately. The FBI needs to do its job. The Justice Department needs to do its job. Cooper needs to do his job; thus far, he has done only part of it. If enough citiziens bring pressure, a criminal probe will follow.
Am I the only one who is shocked and concerned that criminal attorneys are among the few directly connected with this case who are concerned with the truth??!!
I have written to Gonzales so many times about this case, I feel that we are almost engaged. As has many others. The calvary is not coming.
Carolyn says:
Anon at 2:18:
"Am I the only one who is shocked and concerned that criminal attorneys are among the few directly connected with this case who are concerned with the truth??!!"
No, you're not. I'm totally depressed that the DPD tried to jail Reade, Dave and Collin for a crime that never happened - and that nothing in the DPD stopped them except public outcry. Worse, the DPD is still corrupt - it's merely given up on Reade, Dave and Collin and is now looking for different victims. Ones without money.
It's depressing and I'm angry - but I'm not giving up.
I take it because you're also posting that you won't either? In that case, thanks. Misery loves company. ;>)
Brad Bannon - in the video -
states that the DPD claims that the
pictures were not used as a lineup,
or as evidence to indict.
What's unsaid - and very interesting -
is that the DPD used the same
"non-lineup" 7 TIMES in order
to obtain CGMs positive ID.
To repeat:
No other evidence is used
except the non-lineup, from
which CGM made her accusations.
It took them 7 times for the
non-lineup to produce results.
Sorry to repeat myself, but it's
hard to imagine that anyone is so
blatantly stupid!
Carolyn says:
Anon at 2:18:
"Am I the only one who is shocked and concerned that criminal attorneys are among the few directly connected with this case who are concerned with the truth??!!"
No, you're not. I'm totally depressed that the DPD tried to jail Reade, Dave and Collin for a crime that never happened - and that nothing in the DPD stopped them except public outcry. Worse, the DPD is still corrupt - it's merely given up on Reade, Dave and Collin and is now looking for different victims. Ones without money.
It's depressing and I'm angry - but I'm not giving up.
I take it because you're also posting that you won't either? In that case, thanks. Misery loves company. ;>)
May 15, 2007 8:38:00 PM
I'm glad I'm not the only one. No, wont give up.
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