Today’s lead editorial in the N&O dismisses the Baker/Chalmers report as “wasted words” that amount to little more than “a series of partial explanations and excuses.” The paper says that an independent investigation is needed.
For instance, “In his report, Police Chief Chalmers doesn’t answer the who-was-in-charge question directly, but speaks of ‘collaboration’ with the D.A. and says his detectives pursued leads independently of Nifong. Yet the lead detective wrote in his case notes that he had been instructed within days of the alleged attack to go through Nifong.”
The report, N&O editors note, “is similarly obtuse about a critical photo lineup that Nifong used to gain indictments against the students,” and fails “to explain why detectives shared the [April 4] tainted identifications with Nifong, who used them to keep the case alive.”
The basic issue, according to the N&O: “
The Herald-Sun, meanwhile, awakened from its editorial somnolence to agree. The paper terms the Baker/Chalmers report “deeply flawed,” and says that it failed to answer either why the DPD pressed forward despite an improper photo lineup and why the department neglected to more seriously question Crystal Mangum’s credibility.
“It appears,” the H-S has finally realized, “everyone knew at the time the process was flawed. To have that—and only that—become the basis for indictments for felony rape charges seems unbelievable now.” Meanwhile, “The report discusses the police department's supposed willingness to hear exculpatory evidence from the defense. But the main evidence against the defendants was coming from [Mangum], and the police appear to have done next to nothing to question her credibility. Again, we can’t know for sure, because the report doesn’t tell us.”
Like the N&O, the H-S concludes that “a third-party investigation will be necessary.”
62 comments:
If even the Hurled-Scum led by Bob "What, Me Worry?" Ashley is saying there needs to be a third-party investigation, then I guess that is about as obvious a reason as possible to have such an investigation.
However, let us NOT forget that the Blogosphere, led by K.C., Liestoppers, Michael Gaynor, and others, already was conducting a near-daily investigation of this case. If any investigator wants to know the facts, he can speak to any of us.
If anyone truly believes that the DPD, Durham, Nifong, and Wilson did not commit real-live crimes in this case, then that person is living in a dream world. There was a criminal case all right; it is just that the criminals were wearing badges or were representatives of the State of North Carolina.
Oh, NOW they tell us!
The Hurled Scum finally
arises, heroically, like
Wonder Dog to save the day!
At least this proves that they're
finally on the right medication.
Federal Receivership was resisted for parts of the DC government, but today DC is a better run city. If I remember correctly, financial mismanagement and continued operational failures drove the call for receivership.
The assualt on the justice system in Durham by its own locals makes DC's failings minor.
Time to start forming a large board to begin to restore working government to Durham. Start by appointing Iraq vets to the board. They know the value of working government and can lead/remind the residents of Durham to a better city.
Of course, everybody knew what the HS wrote today. The line-up, its content, and its wrongful nature were public knowledge. Furthermore, Nifong publicly stated afterwards (i can't remember when, maybe a month afterwards) that is wasn't a line-up so it was okay, nonsensical then and obviously nonsensical now. So, why are the enablers blaming Nifong and the DPD, they KNEW this at the time and people (the defense attorneys, the bloggers, commentators) were screaming about it. Reason: they are pathetic and should look into their own heart.
The Herald Sun's editorials are a public disgrace and make their paper a laughing-stock. Durham residents deserve the truth and of course can get it elsewhere. Does no one at the H-S parent company care that their local paper deliberately chose not to report DPD and DA malfeasance to the public while the rest of the USA looked on aghast?
Collaborators!
It is telling when, as a parent of a Duke student, knowing the crime statistics in Durham, you feel compelled to warn your student of the DPD along with these other dangers.
If anyone truly believes that the DPD, Durham, Nifong, and Wilson did not commit real-live crimes in this case, then that person is living in a dream world.
The problem is that all guilty parties involved are democrats. Going after black racists or white marxists is the last thing any politicians in this country wants to do. New York al-Times and the rest of the dem-controlled Drive-By-Media would launch massive counter-attack and accuse them of racism.
Just like whites registering to vote, or requiring photo ID at polls (like every country from Mexico to Iraq does) is racism, according to the Wonderland worldview. To quote Harry Reid: This war is lost. Gang88 won. Now go home.
JLS says...
Well I wonder if the Duke student government dumping the Herald-Sun could be having an effect this quickly?
Roy Cooper is a Democrat also, the "Democratic conspiracy" doesn't hold water. The mayor is also a Democrat and he's calling for an independent investigation.
The problem with investigating the police is they are given wide, wide latitude, the best anyone will conclude is they made a lot of mistakes, its very, very unlikely that any independent investigator is going to conclude the cops committed crimes like witness intimidation [cab driver], and evidence tampering [strip club employees] which they clearly DID commit.
My guess is Linwood Wilson and Mike Nifong will be the only people to take a fall and potentially be slapped with criminal charges. Gottlieb is free to compose as many memory reports as he wants in future, harass Duke students and railroad innocent people to jail.
Well I wonder if the Duke student government dumping the Herald-Sun could be having an effect this quickly?
Well, the H-S daily circulation was only 50,000 last year. Duke university enrollment is 12,800. That HAS to have made a big dent in the total circulation.
The problem with investigating the police is they are given wide, wide latitude, the best anyone will conclude is they made a lot of mistakes, its very, very unlikely that any independent investigator is going to conclude the cops committed crimes like witness intimidation [cab driver], and evidence tampering [strip club employees] which they clearly DID commit.
But it will be rather easy to convince a jury that they have civil liability, both as a department and as individuals for what they did. That requires a much lesser standard of proof (witness the innocent verdict for OJ and the subsequent civil liability levied against him) and the police enjoy nowhere near the immunity from prosecution or civil liability that Nifong himself has.
Durham will pay through the nose for the actions of these people, and continue to pay for a decade in their liability insurance, just as Wenatchee Washington did for their rogue police investigator in their sex-crimes fraud many years ago.
The three families of these young men have the ability to reduce Durham to economic rubble.
Here's hoping they use it.
Carolyn says:
"deeply flawed..", "tainted identifications...", "felony rape charges seems unbelievable..."
Come ON! These are just empty words sounding in the empty air. There's no one listening in Durham!!
Face it, please! Durham is a small Southern town corrupt to its bone with prostitution, drugs and race greed - corrupt so long it just stares when 3 white boys from up North fight that DA with his whore. (Hey, WTF is the MATTER with you white boys for making so much noise?)
Laugh, sneer at the white boys in court, slam doors in their lawyers' faces, giggle as blacks scream 'dead man walking' and whore yells to the AG she's still gonna press charges. (Damn - who the hell ever heard of lacrosse?)
Well - yawn - guess things didn't turn out like they should. (Shit, aint gonna vote for that bastard Cooper!) Damn, guess we gotta hold a couple of press conferences, I dunno, write a bunch of shit saying it was all the f**king defense attorneys' fault. (Well, it WAS!) Anything, just shut 'em UP! Ah, hell, probably gonna have to deep six Nifong's pension! Damn, he's been around a long time.
Hey, who do ya think's gonna win the Super Bowl this year?
Roy Cooper is a Democrat also, the "Democratic conspiracy" doesn't hold water.
Candidate seeking to be the next governor (in a republican leaning state) doing the right thing after 13 months is hardly an act of heroism. Now he has done the minimum so he can avoid embarrassing and politically dangerous investigation. Everybody has known for over a year that this is a massive hoax. Durham demoratic party elite (esp black community) is only angry that Nifong was stupid and got caught.
There are a LOT of hurdles to jump through to puncture the immunity that police and prosecutors have. I believe that Mike Nifong did run the investigation so he loses his absolute immunity, Linwood Wilson is a PI so he's fair game, I'm not sure about how liability for police officers would work in this case but its no slam dunk.
From what I understand police can't even be sued civilly for lying on the witness stand!
The best bet is to sue Durham, DA, DPD on the basis of malicious prosecution and evidence tampering/witness intimidation.
“The report discusses the police department's supposed willingness to hear exculpatory evidence from the defense. But the main evidence against the defendants was coming from [Mangum], and the police appear to have done next to nothing to question her credibility. Again, we can’t know for sure, because the report doesn’t tell us.”
These are 3 unrelated sentences. The first concerns the police's "willingness" to hear exculpatory evidence. The second is about Magnum providing evidence. and the third has no definate subject. "We can't know for sure" what? That the defense attorneys didn't provide exculpatory evidence or that Magnum's credibility wasn't questioned?
From what I understood from the pot-bangers, 88, media, Levicy-- Magnum's credibility could not be questioned. Or as the Black Panthers said,"She is a queen." The mother of humanity. It, therefore, seems to be saying that we don't know for sure if the defense attorneys provided exculpatory evidence because the report doesn't tell us. It sounds to me like the H-S wants more information on how the defense delayed the case. I don't know if this is a turn-around or not.
Have I seen posted that Ashley is a Duke grad?
"I'm not alleging any criminal wrongdoings," Bell said when asked why he didn't favor forcing Baker and the Police Department to request SBI involvement. "I don't want to take it in that direction. My interest is in [police] procedure, methodology and who was leading the [lacrosse] investigation."
Why not take it in that direction, Mayor Bell? Open it up IF seeking the TRUTH. Otherwise, it looks like there's something to hide.
The Herald Sun's editorial includes moments of unintended hilarity:
"It appears everyone knew at the time the process was flawed. To have that -- and only that -- become the basis for indictments for felony rape charges seems unbelievable now. We think it's likely that if a judge ever heard that evidence, it would have been quickly tossed out, and the case would have evaporated."
The flaws and contradictions in the lineup come as no surprise since Neff outlined them in detail in the N&O last fall. Yet the Herald Sun wants us to believe that this process "seems unbelievable NOW" (i.e., if only we knew then what we know now...).
In addition, they note that a judge would have quickly thrown out this so-called evidence. Unfortunately, even when the H-S had the same information in front of them, they said that the three defendants should go to court to prove their innocence.
Worse yet is my favorite quote in the editorial: "Why wasn't the accuser's credibility more seriously questioned?" That's right, Bob, why didn't you?
A modest proposal: Since Bob Ashley has finally got religion and is now in favor of a third-party investigation, why doesn't the Paxton Media Group hire an independent athority to investigate the Herald Sun's reporting of the lacrosse case? It could be a retired journalist or a journalism professor on summer break, but I don't think that you can demand accountability from others if you don't demand it of yourself.
Re: 10:25
H-S circulation was around 50k two years ago, but the latest ABC figures place it at around 36k in six months ended in March. I don't know how many copies the Duke Student Government buys, but it will surely put another huge dent in these dismal numbers,& might even lead to management/editorial changes at the paper.
Seems to me that the problem with appointing some panel of "experts" to do an independent investigation would be that without subpoena power, the persons being investigated could simply refuse to talk. They would not even have to take the Fifth.
Or, if they did talk to the appointed investigators, they could lie with impunity, since the investigators would not be law enforcement officials (to whom lying amounts to obstruction of justice).
Perhaps the NC legislature, as part of its investigation into the wisdom of enacting various post- lacrosse-case reforms, could hold hearings on the activities of the Durham PD and D.A.
Durham Lawyer
I don't this represents a change in the Herald Sunk's defend-the-indefensible policy. They have blindingly supported the actions of Durham. However, the the actions of the city are taking divergent paths. On one path are Baker, Chalmers and the DPD, and the DA's office; on the other are the mayor and at least 3 council members. It appears that the H-S has made a pragmatic rather than principled decision to follow the mayor. Let's not mistake that for courage on the H-S's part.
I think the papers are looking for a professional investigation, with trained professional investigation credentials. Unfortunatley to much speculation has gone on in some areas to taint the blogosphere as people with "known facts."
To 11:52:
What???
Had the Republicans risen up with an outcry of "injustice", I would be more impressed. They missed a golden opportunity or maybe they too know their constituants better than I. Just like the Democrats. I think it is clear that noone if Durham or North Carolina is so concerned about the event to make a fuss. At least, no one willing to go on record. Nifong is taking the fall.
11:57
Are you kidding? This case was all about RACE, CLASS, PRIVILEGE. Republicans couldn't touch it with a 10 foot pole. I imagine the state republicans watched in amusement as Durham and Duke made fools of themselves but couldn't say a word.
In a DC suburb, a black republican was in danger of beating a black democrat for mayor. The democrats set fire to their own campaign signs near a jewish temple polling place. They blamed the republicans. If the republicans had said word one there would have been race riots. Duke would have had to come down on the white boys even harder.
A real flying pigs moment.
I wonder if community sentiment has changed?
Its clear that Durham citizens do not want a full accounting.
Its clear that Durham citizens do not want a full accounting.
why doesn't the Paxton Media Group hire an independent athority to investigate the Herald Sun's reporting of the lacrosse case? It could be a retired journalist or a journalism professor on summer break,
Yeah, maybe some nice marxists from Duke's newly created Angry Studies dept would be willing to conduct an investigation. /sarc
Seriously, since over 95% of Drive-By-Media "journalists" are some sort of marxists sufering from BDS, this is mission impossible. On the other hand, any blogger with above-average IQ (ie. any non-race privileged marxists) would be more credible and qualified to conduct the investigation.
This would be the "blue wall of silence"...
Where are the whistle blowers?
Doesn't anyone get famous for telling the truth? Any black reporters that want to step up and potentially get a journalism award....
Since this was a Railroading, and a Railroading is a conspiracy involving the state, the county, the judges, the prosecutors, the police, the "experts" and the rest (you all know who you are, including the media,) it looks like the conspiracy is now so obvious that even the Ashely's are beginning to understand their own involvement and now want out.
Remember folks, First Rats to jump ship win!
I agree with Jamil on this one. Despite the newspapers calling for an independent investigation, I would be surprised if there is one.
Politics, the standard of proof beyond a reasonable doubt in a criminal inquiry, and the dwindling lack of interest in this case by the general public, make civil suits much more likely to succeed.
I hope I'm wrong but.....
dj stillwater,
Ummm...you're kidding, right?
I mean, just the photo-lineup
was a violation of civil rights.
Not to mention...not to mention...
not to mention...the list of
likely prosecutable offenses is
so long, and has been so well-
reported, it's not worth the time
to rehash it all.
Someone - the AG, maybe -
should be asking the Grand Jury
what it was that they were told
that made them go forward with
the case; at the very least they
should be required to testify what
it was that they were told when
they convened the first time.
Perhaps if they feel duped,
lied to and made foolish, the same
Grand Jury should be reconvened,
this time with a different set of
defendants? (re: Book of Esther)
But then, this is the City of Durh:
they may still believe that
"something happened," and that
"whatever they did, it was bad
enough."
Anyone know how the DPD accreditation process is coming along? Seriously, if this doesn't come up in this context, this tells us something about the worth of being accredited.
Missah Johnson Missah Johnson, Jerry Falwell dead, Jerry Falwell dead!
From the last comment, I am reminded of President "whatever happened is bad enough" Brodhead.
If he had principles, would he not say - in defense of his railroaded students - to his racist ideologue faculty and to the Durham PD, regarding their behavior, that "whatever happened is bad enough" or something that judgemental.
His duplicity (bigotry, perhaps?) is showing. The emperor has no clothes...neither do the board of trustees. As KC says, "amazing."
Ed
Nifong. aided by Meeham are the conspirators in this event. it is obvious that once Nifong became the Lead Investigator, the investigation stopped. For what ever reason, the head honchos at the DPD got the police out of the case. Linwood "investigating" was no accident and has no standing with the police, as he is not an officer with the DPD.
They sure are making noise about this independent inquiry. I hope it's more than just noise though. DPD and Baker tell blatant whoppers and put out a "report" that can't even withstand mild scrutiny. They expect people to just accept it. It's like giving everyone the finger and saying hey, we can do whatever we want.
Frankly, I think SBI should do a criminal investigation of DPD. I think there was criminal misconduct. If this isn't clear to Bell and Cooper now maybe it will become clear to them after Nifong's bar hearing. If the right questions are asked they should uncover quite a bit there. Besides if Gottlieb and Linwood have to testify I seriously doubt they can make it off the stand without perjuring themselves at least once.
Nifong. aided by Meeham are the conspirators in this event. it is obvious that once Nifong became the Lead Investigator, the investigation stopped. For what ever reason, the head honchos at the DPD got the police out of the case. Linwood "investigating" was no accident and has no standing with the police, as he is not an officer with the DPD.
I don't believe Linwood and Gottlieb can be called to a Bar
Ethics hearing, can they?
mac:
I mean, just the photo-lineup
was a violation of civil rights.
Quick reality check is in order.
Since illegal immigrants, blacks or mexican drug gangs were not victims here, Gonzales, ACLU, NAACP, New York al-Times, and the most ethical congress in history could not care less if a bunch of whiteys were railroaded. Besides, they may even be republicans and in anycase, whites cannot be victims (that would mean black guilt, according to gang88).
AG Cooper has done his part and going after local black racists or white marxists is not going to be tolerated in democratic party primaries. These two sub-groups vote early and often and every career oriented politician knows that.
Hmm..that cab driver that was harassed by Nifong and DPD was a black immigrant. If he were to be illegal, that might change everything. Let's hope he is an illegal immigrant and black. Can anybody confirm this?
3:44
Whaaat????
Imagine that you are sitting around the living room of your house one fine day, thinking rosy thoughts about your future, when some unsavory dude walks in uninvited, hands you a stick of dynamite, and immediately leaves.
There is a fuse in the dynamite stick, and it is burning. You contemplate the fuse for a while, considering the consequences of doing nothing, there in your comfortable chair. Maybe the fuse will be magically extinguished. But no, it continues to burn ever closer to the explosion point.
Finally, with some reluctance, you quickly pull the fuse from the explosive, hoping not to burn your fingers in the process. The operation is successful. Your fingers emerge unscathed, and your house has been saved from imminent disaster. You are AG Cooper, now Hero of the People.
Or not.
AG Cooper did right by three kids.
He is not the "hero of the people". I do not think that the number of people on this blog and other related ones amounts to such a number that they could be deemed "the people".
In yet another case of the criminal justice system gone bad, people are temporarily interested. Once things die down, they lose interest. This is not going to sway the '08 Presidential election, FYI.
There is now a well-accepted theory with regards to fire spreading within a building. It is called "flashover", and creates a similar pattern that would occur if an arsonist were to pour gasoline and intentionally start a fire. Almost the exact same pattern, but slightly distinguishable.
A man in Texas was put to death for "killing" his three children and the best piece of evidence... was the burn spots which indicated that it had been intentionally started. He was put to death. The modern flashover theory became prevalent and universally accepted a few years after his death.
That was a bigger deal. No one knows about it. You only care about this case because it represents so many things you hate. Well, in reality, it doesn't really represent all those things, but its a nice little avenue for you to get all angry about liberals and affirmative action, and for many of you, black people in general.
Duke 85 12:12 said...
...This case was all about RACE, CLASS, PRIVILEGE. Republicans couldn't touch it with a 10 foot pole. I imagine the state republicans watched in amusement as Durham and Duke made fools of themselves but couldn't say a word.
::
You are absolutely correct.
The Republicans are especially amused that Broadhead is being treated as an English Monarch who somehow does not report to the Board of Trustees.
If Duke Alums would review their Cliff Notes on the U.S. legal environment of Not-for-Profit educational institutions they could help the decision making process move along as we intended when we founded this country.
When the Board of Trustees interviewed Broadhead, the members of the board knew what they were looking for. The Board hired Broadhead! Broadhead works for the Board! The Board sets policy! Broadhead carries out policy!
Trustees need to have their feet held to the fire if you want to see Duke grow and prosper and ...the Republicans know that.
When Broadhead behaves as if he is an English Monarch, the Republican leadership know for sure that they can't touch this radioactive hot potato.
Enough with the Monarchy, already.
::
GP
To Anon 2:34
"I don't believe Linwood and Gottlieb can be called to a Bar
Ethics hearing, can they?"
-----
Yes, the Bar has power of subpoena in its proceedings against Nifong, and could compel Gottlieb to appear and testify, assuming he can fit his huge fat gut and swollen head through the door.
But, he could still plead the 5th Amendment, and in his case, probably should, since he is a criminal.
Linwood, too.
From NC General Statutes:
§ 84‑29. Evidence and witnesses.
In any investigation of charges of professional misconduct or disability or in petitions for reinstatement, the Council and any committee thereof, and the disciplinary hearing commission, and any committee thereof, may administer oaths and affirmations and shall have the power to subpoena and examine witnesses under oath, and to compel their attendance, and the production of books, papers and other documents or writings deemed by it necessary or material to the inquiry.
I'm betting Nifong does not fight the ethics charges next month. He's a no show.
Witnesses will be under oath. If you were his lawyer would you want any more inquiries about the Duke fraud case? His client could get sued or even wind up in criminal court.
Imagine a lawyer questioning Himen, Linwood, Gottlieb and Meehan on the stand. I bet their lawyers are calling Nifong's lawyer and saying are you nuts?
5:02
Well, that dog don't hunt.
Lots of us recoil at racism -
regardless of who might be
dishing it out. Most of also
hate double standards.
If those things happen to be
the chief M.O. of the 88,
the City of Durh, then too bad.
When people use race to put
other people in jail, everybody
should rightly be offended.
Trouble is, this was nothing more
than a state-sanctioned lynch-mob.
Sounds like you'd like to wear
a sheet, too, but probably a
rainbow version. Same with the
noose.
Obviously, you write better than
the 88. Your logic is not much
better, though since you've lumped
us all into one kettle of gravy.
Anonymous 5:02 said...
...You only care about this case because it represents so many things you hate. Well, in reality, it doesn't really represent all those things, but its a nice little avenue for you to get all angry about liberals and affirmative action, and for many of you, black people in general.
::
You almost said YOU PEOPLE didn't you?
Many of the people I talk with who are following this case echo my own appreciation and respect for the concept of Due Process.
A concept that was violated by Duke University and the City of Durham, NC.
Due Process is precious to our American values and needs advocates like many of use who are following this case and cases.
::
GP
Gary Packwood,
"I believe you almost said
YOU PEOPLE didn't you?"
I believe you're right; she almost
DID say that.
Perhaps the police chief is unqualified. D'ya think?
Does anything about this story feel at all like Zimbabwe to you?
it seems Canada has more backbone than Durham. They denied entry from Black Panthers hatemongerer. Apparently, professional bigots are not welcome in Canada.
michellemalkin.com:
The leader of the U.S.-based New Black Panther Party, whose invitation to Toronto angered Jewish groups, was denied entry into the country Tuesday morning, the Black Youth Taking Action said.
Words, words, words!!! It has been months and that feckless stumblebum is still in place. What idiocy!!! Wonderland indeed.
Duke U. will probably never overcome the embarassment of brodhead. Keeping him on ain't gonna help.
Recognizing that dickie b. is the Board's man, they need to admit their error QUICKLY and find a competent replacement.
trinity60
O had a @20.00 bet that Crystal would be a no show if it went to trial. My money is now on Nifong Appearing for the event,
I would be surprised if Nifong shows up. He knows he will be disbarred, probably forever.
Nifong Trial 28 days and counting.
Decisions, decisions.
G88 After Nifong trial, all hell breaks loose. Enjoy your summer.
There is a name for "collaboration" that results in what the "collaborators" should have or did reasonably know would be crimes...
CONSPIRACY!!!
There ARE laws against this.
The report was such a whitewash that even the Durham Herald-Sun had to criticize it.
New Jersey Lawyer. The N&O asks how the DPD intends to learn from the Duke case if there is no critical examination of what happened. The DPD knew what was happening all along. Indeed, it sounds like they had the alleged victim correctly sized up at the beginning. My guess is that, only when Nifong got involved did the DPD suddenly discover they "had a case." The N&O assumes that there are people at the DPD who want to learn about the case. Given how this case developed, it is clear that noone at the DPD wants to learn from the case. If anyone at the DPD was interested in learning anything, the case would have meet a speedy demise once it was clear that there had been no rape, sexual assault or kidnapping.
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