p. 1:
Author interview with Devon Sherwood.
p. 2:
Devon Sherwood interview.
Tom Wolfe, I Am Charlotte Simmons (New York: Picador, 2005).
p. 3:
“Duke was best summarized by . . .”: author interview with Duke alumnus.
p. 4:
“The lacrosse players didn’t become . . .”: author interview with Chris Kennedy.
“A student later recalled the tradition . . .”: author interview with 2006 Duke graduate.
p. 5:
“Brodhead was there . . .”: author interview with Dan Flannery.
“We bond over athletics”: author interview with Seyward Darby.
p. 6:
“Most academics support racial and ethnic diversity”: see, for example, amicus briefs, Grutter v. Bollinger, 539 U.S. 306 (2003).
“Deserving African American and other applicants . . .”: Herald-Sun, 15 Sept. 2006.
p. 7:
“Pressler put together a dossier . . .”: Mike Pressler interview, Dan Flannery interview.
“Tendency to think of Duke . . .”: Chronicle, 13 Sept. 2002.
“Chosen to settle . . .”: Chronicle, 31 Oct. 2002.
p. 8:
“I received nothing but love . . .”: Devon Sherwood interview.
p. 9:
“This class of 2006 seniors . . .”: author interview with Sue Pressler.
p. 10:
“No choirboys”: Newsday, 9 April 2007.
“I remember seeing a guy . . .”: author interview with Duke alumnus.
“Herding to get everyone on the same page . . .”: Sue Pressler interview.
p. 11:
“Duke is loaded this year . . .”: Face-Off, 2006 edition.
“That was devastating . . .”: Sue Pressler interview.
“Evans ‘plays big’ . . .”: Devon Sherwood interview.
p. 12:
“Unusually mature, serious, thoughtful . . .”: author interview with Rob Bordley.
“Dave was always a joy to have on board . . .”: author interview with Bill Moulden.
“Sweet-tempered, shy, considerate kid . . .”: author interview with Yani Newton.
p. 13:
“Collin literally has no temper . . .”: author interview with Jess Harman.
“Collin’s deeply sensitive creativity”: author interview with Bradley Hammer.
p. 14:
Hayes to Reade Seligmann, 12 Dec. 2003.
p. 15:
“This kid can be a freight train . . .”: Mike Pressler interview.
“If I was having a bad day . . .”: Yani Newton interview.
“You know what I’m here to talk to you about . . .”: Devon Sherwood interview.
p. 16:
p. 18:
“Duke is a shining city on a hill . . .”: author interview with Joe Cheshire.
p. 19:
“Venerable group in Durham . . . ”: N&O, 18 Sept. 2005.
For background on Mangum, we used
N&O, 13 April 2007; interviews with defense attorneys; and relevant documents from the discovery file. Our attempts to reach Mangum for an interview were unsuccessful.
p. 20:
“We were able to track down . . .”:
Liestoppers, discussion forum, 13 April 2007.
“We drive around . . .”: Jarriel Johnson statement to Durham Police, 6 April 2006.
p. 21:
“We were all playing Beirut . . .”: Flannery statement to police, 16 March 2006.
“Screaming at the top of their lungs . . .”:
New York Times, 31 March 2006. For
Trinity Park residents’ attitudes toward Duke students, see “Party Haters,”
Matter, 2005.
p. 22:
pp. 23ff:
Our account of the party is taken from author interviews with several lacrosse players, including all three accused players; the police statements of the three captains, Kim Roberts, and Jason Bissey; the
Summary of Conclusions offered by the North Carolina Attorney General’s Office; material from the discovery file (including time-stamped photographs of the evening and cell-phone records); and
Kim Roberts’ interview with Ed Bradley.
p. 27:
Dave Evans told police that Flannery had later returned $260 to him and he had handed $100 of it back to Flannery because he had paid extra (presumably when he slid money under the bathroom door). The remaining $160 was later found by police on a table. It is unclear how much money was taken from the bathroom and not entirely clear how much Flannery slid under the door.
p. 30:
“Passed-out drunk”: Shelton report, discovery file. Because he remained skeptical of Mangum’s story/stories, Shelton would be subjected to an internal affairs inquiry by the DPD, coordinated by Nifong investigator Linwood Wilson.
“ . . . Roberts later admitted”: Kim Roberts, statement to police, 22 March 2006.
p. 31:
“While being interviewed at Duke . . .”: Sutton official report, discovery file.
“Some of the guys . . .”: Shelton official report, discovery file.
p. 32:
“She was claiming . . .”: Day official report, discovery file.
“Brett knew the deal . . .”: Jones official report, discovery file.
“Manly later said . . .”: Manly interview with Doug Kingsbery, 10 Oct. 2006.
p. 33:
“Down there . . .”: SANE report, discovery file.
p. 34:
“Matt said I’m getting married . . .”: Levicy notes, SANE report, discovery file.
p. 35:
“Due to the patient’s . . .”: UNC medical report, 15 March 2006, discovery file. This report was delivered to police, after a subpoena, in early April. When asked about it in his March 2007 deposition before the State Bar, Sgt. Gottlieb—astonishingly—stated, “This is not a report that I have had time to review.” “
The Gottlieb Deposition,”
Durham-in-Wonderland, 24 June 2007.
Chapter Four:
Police: Building a Case without Evidence (pp. 36-49)
p. 36:
“Medical records and interviews . . .”: Ben Himan affidavit, 23 March 2006.
p. 37:
“One of the worst things that’s happened . . .”: “
Nancy Grace,” Headline News, 15 June 2006.
“Coach Pressler got an urgent message . . .”: Mike Pressler interview.
“Flannery clearly recalls . . .”: Dan Flannery interview.
“That same night . . .”: Zash e-mail, discovery file. Evidence presented in Nifong's ethics trial revealed that the same team member--Matt Zash--also sent two racially offensive text messages on the evening of the party
“She seemed shaken . . .”: Ben Himan, handwritten and typed notes, discovery file.
p. 39:
“This is harder than I thought”: Michele Soucie notes, discovery file.
“Is this the person . . .”: The form, which Mangum and Clayton signed, was associated with General order 4077, the DPD’s procedure for photo lineups.
“Crystal’s father . . .”: Emery Delasio to Kammie Michael, 28 March 2006, e-mail, discovery file.
p. 40:
“Such evasions and violations . . .”:
Fact Sheet, Death Penalty Information Center.
p. 42:
“
Crystal’s mother . . .”: Kristin Zook, “Accuser’s Mother Meets with Famed Attorney,”
Essence.
The events of the search are taken from author interviews with Dave Evans and Dan Flannery.
p. 44:
“Kennedy said that the captains . . .”: author interviews with Chris Kennedy, Dave Evans, and Dan Flannery.
p. 45:
“When he called his father . . .”: Dave Evans interview.
“Upon Dean Wasiolek’s recommendation . . .”: Chris Kennedy interview. Due to an editing error, the hardcover text erroneously asserted that Dean Sue Wasiolek had once worked for Wes Covington.
“Evans, Flannery, and Zash . . .”: Dave Evans interview, Dan Flannery interviews.
“Wasiolek used the same phrase . . .”: Mike Pressler interview.
“Evans’ parents reached . . .”: author interview, David and Rae Evans.
p. 46:
“None of those who . . .”: Dave Evans interview.
“After the game . . .”: Dave, Rae, and David Evans interviews; author interviews, Bruce Thompson, Everett Flannery.
“The way to go . . .”: Bruce Thompson interview.
“She stated that . . .”: Himan typewritten notes.
“He gave Pressler the impression . . .”: Mike Pressler interview.
p. 47:
“Now, she gave Gottlieb the records she had created . . .”: “Supplemental Case Notes of Sgt. M.D. Gottlieb,” discovery file.
“Levicy would later state . . .”: Levicy interview with Doug Kingsbery, 15 Nov. 2006.
“Defense attorney Doug Kingsbery later speculated . . .”: author interview with Doug Kingsbery.
p. 48:
“Covington also warned . . .”: David and Rae Evans interviews; Thompson interview.
“I knew it in my heart when I finished . . .”: author interview with Bill Thomas.
“Larry Lamade, whose son, Peter . . .”: author interview with Larry Lamade.
“We were awful . . .”: Mike Pressler interview.
p. 49:
“If you have faith in the system . . .”: Dave Evans interview.
“That night at 10:50 . . .”: Larry Lamade interview.
“A few hours later, at 1:30 A.M. . . .”: author interview, Ben and Tricia Dowd.
Chapter Five:
Cops Ignite Firestorm, Duke Runs for Cover (pp. 50-76)
p. 50:
“On March 20, when Dan Flannery . . .”: author interviews, Bob Ekstrand, Stefanie Sparks; Dan Flannery interview.
p. 51:
“After Danny left, Stef asked Bob . . .”: Bob Ekstrand interview, Stefanie Sparks interview.
“The danger was compounded . . .”: In his 2007 deposition before the State Bar, Gottlieb admitted that, despite his promise to
Covington, the DPD intended to “see if they [the players] would allow DNA. See if they would allow photographs, et cetera.” “
The Gottlieb Deposition,”
Durham-in-Wonderland, 24 June 2007.
p. 52:
The material on this page comes from the Bob Ekstrand and Stefanie Sparks interviews.
p. 53:
“It was to appease neighbors . . .”: Herald-Sun, 12 Sept. 2006.
“ . . . reign of terror”: Bob Ekstrand interview.
p. 54:
“Even in this atmosphere”: Bob Ekstrand interview.
“In my judgment . . .”: Bob Ekstrand interview.
p. 55:
“Larry Lamade arrived . . .”: Larry Lamade interview.
“Tricia Dowd, who had taken . . .”: Tricia Dowd interview.
“It was not fear of the evidence . . .”: Larry Lamade interview.
p. 56:
“Pressler felt caught in the middle . . .”: Mike Pressler interview.
“Covington acknowledged to Lamade . . .”: Larry Lamade interview. Covington did not respond to a request for an interview from Stuart Taylor.
“On the way out, Dowd . . .”: Tricia Dowd interview.
“Within hours, Himan went to . . .”: Ben Himan testimony, State Bar v. Michael B. Nifong, 16 June 2007.
p. 57:
“Himan also conducted . . .”: Kim Roberts, statement to police, 22 March 2006, discovery file.
p. 59:
“What the hell is a non-testimonial order . . .”: Bob Ekstrand interview, Larry Lamade interview.
“Ekstrand thought the order . . .”: Bob Ekstrand interview.
“As for Pressler . . .”: Mike Pressler interview.
“Dave pulled Covington aside . . .”: Dave Evans interview.
p. 60:
“Kyle Dowd called his mother . . .”: Tricia Dowd interview.
“The coach took Devon aside . . .”: Devon Sherwood interview, Mike Pressler interview.
“Stef Sparks intercepted some of the players . . .”: Stefanie Sparks interview.
“A Duke official later said . . .”: author interview, Duke official.
“Inside the crime lab . . .”: Bob Ekstrand interview.
p. 61:
“The first sign of how big a deal . . .”:
N&O, 24 March 2006. Our wording of the sentence discussing this article could be misinterpreted. We did
not mean to suggest that the
N&O story had portrayed the event in a sinister light because of reporters' bias or improper journalism; instead, we wanted to make the point that an accurate portrayal of the "perp walk" was sinister. The clause should not be in any way construed as casting doubt on the quality of the article.
“Ekstrand thought that hiding . . .”: Bob Ekstrand interview.
p. 62:
“Meanwhile, when Sue Pressler told . . .”: Sue Pressler interview.
“While silent in public . . .”: Dave Evans interview, Dan Flannery interview, Mike Pressler interview. Chris Kennedy remembers Trask speaking not of a “faculty-student privilege” but of protected records under FERPA.
“But the captains were still reluctant . . .”: Dave Evans interview, Dan Flannery interview, Mike Pressler interview; Chris Kennedy interview.
p. 63:
“On his way out, Flannery shook . . .”: Dan Flannery interview.
“Also on March 24 . . .”: “Supplemental Case Notes of Sgt. M.D. Gottlieb,” discovery file. For the DPD chain of command, see this
DPD flow chart.
“Really, really strong physical evidence”: Herald-Sun, 26 March 2006.
p. 64:
“All of the players had ‘denied participation . . .’”: Herald-Sun, 25 March 2006.
“When I saw Addison quoted . . .”: author interview with John Burness.
“Every day there was some new thing . . .”: Burness interview.
p. 65:
“The article concluded . . .”: author e-mail with Paul Haagen.
p. 66:
p. 67:
“Alleva appeared without warning . . .”: Mike Pressler interview.
“Many of the senior parents . . .”: Tricia Dowd interview.
“As the women’s lacrosse team returned . . .”: author interview with Kerstin Kimel. Khanna subsequently denied intruding on Kimel's meeting; Kimel stands by her recollection.
p. 68-69:
Our account of the March 25, 2006 meeting comes from interviews with David and Rae Evans, Stefanie Sparks, Bob Ekstrand, Ben and Tricia Dowd, Phil and Kathy Seligmann, Bruce Thompson, Larry Lamade, Mike Pressler, and Steve Henkelman. Larry Moneta did not respond to a request from us for comment; Sue Wasiolek said that she would defer any comment to John Burness.
p. 70:
“That was the day . . .”: lacrosse parent e-mail, copy in authors’ possession.
“Horrible feeling . . .”: Tricia Dowd interview.
p. 72:
“I and President Brodhead were somewhat alone . . .”: John Burness interview.
“The best gauge of what did not happen here . . .”: author interview with Kevin Finnerty.
p. 73:
“The protesters moved on to a nearby residence . . .”: author interview with William Wolcott.
p. 74:
“Tell them to confess their sins first”: author interview with Bob Wellington.
“You know what happened that night . . .”: author interview with Bo Carrington.
p. 75:
“Samantha, what do you want from me?”: author interview with Samantha Ekstrand.
“We wanted desperately to be able to . . .”: author interview with Adam Chandler.
Chapter Six:
The Most Dangerous Power: Enter Nifong (pp. 77-89)
p. 77:
“Not to win a case, but that justice shall be done . . .”: Berger v. United States 295 U.S. 78 (1935).
North Carolina’s Rules of Professional Conduct are available at
this website.
p. 78:
“I have . . .”: “
mikenifong.com,”
Durham-in-Wonderland, 27 July 2006. The Nifong campaign website was taken down after the election, and no listing for it exists at the Internet Archive.
p. 79:
“Nifong spent a lot of time . . .”: author interview with Patsy McDonald.
p. 80:
p. 81:
“I’m the chief asshole . . .”: Don Yaeger, with Mike Pressler, It’s Not About the Truth: The Untold Story of the Duke Lacrosse Rape Case and the Lives It Shattered (New York: Simon and Schuster, 2007), p. 46.
“I’ve known Mike Nifong for twenty-seven years . . .”: Bill Thomas interview.
p. 82:
“He told associates . . .”: author interview with Jackie Brown.
p. 83:
“You have to remember when there’s a murder . . .”:
Durham News, 30 Dec. 2006. A correction to the text: this audience was majority black, but not all-black.
“His wife tended to focus on peripheral . . .”: Jackie Brown interview.
p. 84:
“Nifong was ‘probably sold a bill of goods . . .’”: Bill Thomas interview.
p. 85:
“Talks about what this community stands for . . .”: For a full listing of Nifong’s early statements, with references, see
this site.
“At a March 27 meeting . . .”: Bob Ekstrand interview.
“I wanted to give them the confidence . . .”: Bob Ekstrand interview.
p. 86:
“Brodhead would later explain . . .”: Stuart Taylor, Jr. interview with Richard Brodhead.
“What was the basis for . . .”: In his 2007 deposition to the State Bar, Nifong stated that during his time speaking out about the case, “I wasn’t really involved in reviewing written documents.” Indeed, Nifong confessed that he
never read the report of Sgt. Shelton, the first officer to come into contact with Crystal Mangum. “
The Nifong Deposition, Part I,”
Durham-in-Wonderland, 26 June 2007.
p. 87:
For direct links to these quotes, see
this site.
p. 88:
“When police officers arrived . . .”: Herald-Sun, 28 March 2006.
“There was something very strange . . .”: Adam Chandler interview.
p. 89:
“The caller was not the woman . . .”: Kammie Michael to Brianne Dopart, 28 March 2006, e-mail in discovery file.
“If a prosecutor gets up . . .”: author interview with Peter Lange.
“In the early days of this story . . .”: Richard Brodhead interview.
“You know, we’re fucked”: Ben Himan testimony, State Bar v. Michael B. Nifong, North Carolina Disciplinary Hearing Committee, 16 June 2006.
p. 90:
“He was just talking to us . . .”: Rae Evans interview.
“Joe is simply the best leader . . .”: author interview with Jim Cooney.
p. 91:
“During the second Alan Gell murder trial . . .”: Jim Cooney interview.
“I built my career . . .”: Joe Cheshire interview.
“His basic message was . . .”: Dave Evans interview.
p. 92:
“Brodhead, sweeping his hand around the room . . .”: Bob Ekstrand, Dave Evans, and Dan Flannery interviews.
“The main thing I told the students . . .”: Richard Brodhead interview.
“Ekstrand felt . . .”: Bob Ekstrand interview.
“Dan Flannery, also holding his tongue . . .”: Dan Flannery interview.
“Absolutely nothing happened . . .”: Bob Ekstrand, Dave Evans, and Dan Flannery interviews.
p. 93:
“In an interview months later . . .”: Richard Brodhead interview.
p. 94:
“The Herald-Sun editorial page . . .”: Herald-Sun, 28 March 2006.
“Well before the end of the interview . . .”: Joe Cheshire interview.
p. 95:
“I raised Dave Evans twice in my family . . .”: Joe Cheshire interview.
“Brad Bannon was a harder sell . . .” : author interview with Brad Bannon.
p. 96:
“On March 29, the district attorney proclaimed . . .”: For direct links to these quotes, see
this site.
“But that afternoon . . .”: Jennifer Leyn testimony, State Bar v. Michael B. Nifong, North Carolina Disciplinary Hearing Committee, 17 June 2006.
p. 97:
“The DNA results will demonstrate . . .”: Herald-Sun, 29 March 2006.
“I would not be surprised . . .”: New York Times, 31 March 2006.
“We were just stunned . . .”: Brad Bannon interview.
“The victim was examined . . .”: “
The Early Show,” CBS, 30 March 2006.
“Cheshire and Bannon decided . . .”: Joe Cheshire interview, Brad Bannon interview.
“He has basically announced . . .”: Cheshire and Bannon to State Bar Grievance Committee, 30 March 2006, copy in authors’ possession.
p. 98:
“I came to the decision . . .”: Joe Cheshire interview.
“The playbook was thrown out the window . . .”: Brad Bannon interview.
“When you see lawyers this experienced . . .”: Bill Thomas interview.
p. 99:
“I’ve never been in a case . . .”: Bill Thomas interview.
“His response to Brown’s concern . . .”: Jackie Brown interview.
“In 33 years . . .”: Joe Cheshire to Mike Nifong, 31 March 2006, copy in authors’ possession.
p. 100:
“Nifong had never had anybody . . .”: Brad Bannon interview.
“The next day came three . . .”: For direct links to these quotes, see
this site.
“Section 3.8 of the North Carolina Code . . .”:
North Carolina’s Rules of Professional Conduct are available at
this website.
p. 101:
“In the second ballot . . .”: Jackie Brown interview.
“I think that Nifong pandered to the black community . . .”: “
60 Minutes,” CBS, 15 Oct. 2006.
p. 102:
p. 103:
“I chose Duke to be my home . . .”: “
60 Minutes,” CBS, 15 Oct. 2006.
p. 104:
“The day those [wanted posters] appeared . . .”: author interview with Michael Catalino.
“I don’t think I’ll ever forget it . . .”: author interview with Tony McDevitt.
“It was scary . . .”: author interview with Bo Carrington.
“McFadyen tried to laugh it off . . .”: author interview with Ryan McFadyen.
“It felt like we were betrayed by the students . . .”: Tony McDevitt interview.
“People on the team had the real story . . .”: Bo Carrington interview.
“The faculty were a hell of a lot worse than the students . . .”: Mike Pressler interview.
p. 105:
“I think people just go about their business . . .”: author interview with John Burness.
p. 106:
“Baker provided a window . . .”: Houston Baker e-mails, in possession of authors.
p. 107:
“Many Duke students . . .”: Adam Chandler interview.
“Giving priority to unnecessary athletic commitments . . .”: Herald-Sun, 2 April 2006.
p. 108:
“Lacrosse players on campus . . .”: New York Times, 31 March 2006.
“White slave masters . . .”: William Chafe, “
Sex and Race,”
Chronicle, 31 March 2006.
p. 109:
“Sam Veraldi . . .”: Dan Flannery interview, William Wolcott interview.
“Rhonda Sharpe . . .”: Dave Evans interview, Tony McDevitt interview, author interview with Kyle Dowd.
“History professor Thomas Robisheaux . . .”: Dan Flannery interview, Bo Carrington interview.
p. 110:
“One was Reeve Huston . . .”: Ryan McFadyen interview, author interview with Jay Jennison.
“Down the hall from Huston’s class . . .”: Tony McDevitt interview.
p. 111:
“Deutsch subsequently asserted . . .”: Sally Deutsch to KC Johnson, e-mail, 12 March 2007.
“Yet another History professor, John Thompson . . .”: John Thompson to Collin Finnerty and Dan Loftus, 27 March 2006, copy in authors’ possession.
“Well-off white women . . .”: Elizabeth Chin, “
Out of Their Worlds,”
Chronicle of Higher Education, 26 May 2006.
p. 112:
“I have a responsibility to all of my students . . .”: Herald-Sun, 14 Dec. 2003.
p. 113:
“Houston Rockets coach Jeff Van Gundy . . .”: Grant Farred, Phantom Calls: Race and Globalization in the NBA (Chicago: Prickly Paradigm Press, 2006), pp. 48.
p. 114:
“In a 2007 essay . . .”: Richard Bertrand Spencer, “
Rotten in Durham,”
American Conservative, 26 Feb. 2007.
p. 115:
“Sabotage has to be the order of the day . . .”: Wahneema Lubiano, “
Class Issues.”
p. 116:
“The interesting thing about the
United States . . .”: Jack Langer, “
Durham, We Have a Problem,”
New Sense Magazine, 8 March 2004.
p. 117:
“The biggest surprise for us . . .”: Ed Bradley interview, WRAL, 13 Oct. 2006.
“The haste and vehemence with which scores of Duke professors . . .”: Thomas Sowell, “
A Deep Moral Rot,”
National Review, 30 Jan. 2007.
“Asked why, in an interview . . .”: Richard Brodhead interview.
Chapter Nine:
Politically Correct Sensationalism (pp. 118-128)
p. 118:
“The flier being distributed . . .”:
USA Today, 30 March 2006. A copy of the “wanted” poster is in the book’s photo section.
p. 119:
“An awful performance, an embarrassing time . . .”: “
Reliable Sources,” CNN, 21 Jan. 2007.
p. 120:
“Bruce Thompson, and his attorney . . .”: Bruce Thompson interview.
“Having problems with the editors . . .”: Bill Thomas interview.
“Screaming at the top of their lungs . . .”: New York Times, 31 March 2006.
p. 121:
“Bonded in Barbarity . . .”: New York Times, 31 March 2006.
“The media has scooped up this case . . .”: Ben Himan e-mail, 31 March 2006, copy in discovery file.
“Despite the passionate commitment . . .”: “
Selena on Diversity,”
Durham-in-Wonderland, 27 March 2007.
p. 122:
p. 123:
“The authorities were leading the lynch mob . . .”: Joe Cheshire interview.
“What was coming to our door . . .”: Sue Pressler interview.
p. 124:
“There’s really no good reason why . . .”: “
Nancy Grace,”
Headline News, 31 March 2006.
p. 125:
“Guaranteed front-page coverage . . .”: Chronicle, 3 April 2006.
“When this case first made national news . . .”: N&O, 31 Oct. 2006.
“If the tables had been turned . . .”:
Independent, 2 May 2006.
“If it was a Duke student . . .”:
cbsnews.com, 6 April 2006.
For a summary of the other cases, see “
Facile Assumptions,”
Durham-in-Wonderland, 31 Jan. 2007.
Chapter Ten:
Richard Brodhead’s Test of Courage (pp. 129-151)
p. 129:
“From our point of view . . .”: “
60 Minutes,” CBS, 15 Oct. 2006.
“It was like he’d never been . . .”: author interview with Duke alumnus.
p. 130:
p. 131:
“Being a university president . . .”: Richard Brodhead interview.
“We had to worry things might blow . . .”: author interview with senior Duke official.
p. 132:
“In early April, a lacrosse team parent called . . .”: author interview with lacrosse parent.
“Burness, asked by one of the authors to respond . . .”: John Burness e-mail to Stuart Taylor, copy in authors’ possession.
p. 133:
“Duke effectively gave Nifong . . .”: Bruce Thompson interview.
“The university, I believe, has done pretty much everything they can . . .”: “
Nancy Grace,” Headline News, 31 March 2006.
“You had a district attorney coming out . . .”: “
Abrams Report,” MSNBC, 19 April 2006.
p. 134:
“Ekstrand’s notes for a meeting . . .”: Bob Ekstrand interview.
“While Brodhead shunned any and all . . .”: Herald-Sun, 30 March 2006, 31 March 2006.
Richard Bernstein, The Dictatorship of Virtue: How the Battle over Multiculturalism Is Reshaping Our Schools, Our Country, and Our Lives (New York: Vintage, 1995), p. 110.
pp. 134-135:
Our accounts of this faculty meeting come from interviews with Stephen Baldwin and another professor who attended, who passed along his contemporaneous notes of the meeting.
p. 136:
“WHAT IF JANET LYNN WERE NEXT?”: Chauncey Nartey to Mike Pressler, e-mail, copy in authors’ possession.
p. 137:
“Raising the temperature . . .”: Kim Curtis posting to Durham Responds Yahoo! Group, 1 April 2006, copy in authors’ possession.
“The day begin inauspiciously . . .”: New York Times, 5 March 2006.
p. 138:
“Day of hysteria . . .”: Sue Pressler interview.
“They released Ryan’s e-mail . . .”: Mike Pressler interview.
p. 139:
p. 140:
p. 141:
“You wonder why they . . .”: Bruce Thompson interview.
“Pressler jotted down later . . .”: Mike Pressler interview.
p. 142:
“Guys, our darkest hour has come . . .”: Mike Pressler interview; interviews with multiple lacrosse players.
p. 143:
“If I had a son . . .”: Mike Pressler interview.
“Outside, the media . . .”: Tricia Dowd interview.
“When Pressler got home . . .”: Mike Pressler interview.
“Urinated on people’s houses . . .”: “
Nancy Grace,” Headline News, 5 April 2006.
p. 144:
“When the last friend had left . . .”: Mike Pressler interview.
p. 145:
“Asking, “What does . . .’”: A copy of this document is in the photo section.
“Lubiano gave colleagues a deadline . . .”: Thomas Bartlett and Sara Lipka, “
One Ad, 88 Professors, and No Apologies,”
Chronicle of Higher Education, 16 Feb. 2007; Ronald Butters to English Department faculty, e-mail, copy in authors’ possession.
p. 146:
“Who comprised the Group . . .”: “Sunday Review,” Durham-in-Wonderland, 26 Nov. 2006.
p. 147:
“Not merely military mobilization . . .”: “Miriam Cooke: Crusade! I Mean Democracy! You Know: Women!,”
Duke press release, 3 April 2003.
p. 148:
“Brodhead and Alleva told . . .”: author interview with Kerstin Kimel.
“I absolutely know . . .”: Mike Pressler interview.
“It doesn’t seem right or fair to me . . .”: Kerstin Kimel interview.
p. 149:
“Weak gesture . . .”: Bo Carrington interview.
“Several pairs of siblings . . .”: Kerstin Kimel interview.
“It was good to keep . . .”: Bo Carrington interview.
“We couldn’t talk to anyone else . . .”: Tony McDevitt interview.
p. 150:
“Do we need legal counsel here . . .”: Mike Pressler interview.
“Duke University abandoned these three . . .”: Bill Thomas interview.
p. 151:
“The ‘Group of 88’ Duke professors . . .”: Michael Barone, “
Of Victims and Virtues,”
Real Clear Politics, 16 April 2007.
p. 154:
“On March 31 . . .”: Ben Himan testimony, State Bar v. Michael B. Nifong, 16 June 2007; “Supplemental Case Notes of Sgt. M.D. Gottlieb,” discovery file.
p. 156:
“The planned lineup also deviated . . .”: “
North Carolina Norms,”
Durham-in-Wonderland, 13 July 2006.
pp. 157-8:
The transcript of the lineup is contained in “Supplemental Case Notes of Sgt. M.D. Gottlieb,” discovery file.
p. 158:
“At the same time . . .”: In his 2007 deposition to the State Bar, here was how Dr. Meehan described the manner in which his lab was hired to conduct DNA tests in the highest-profile criminal case in North Carolina history: “There was phone calls being made between the detective and Nifong to determine if they would want us to do the work and if the price was right and dah, dah, dah, dah, dah, dah, dah, back and forth.” “
The Meehan Deposition,”
Durham-in-Wonderland, 29 June 2007.
“Mike Nifong stated . . .”: Michele Soucie notes, discovery file.
p. 159:
“Meanwhile, also on April 4 . . .”: Bill Thomas interview.
“The next day, April 5 . . .”: Michele Soucie notes, discovery file.
“Police did interview . . .”: Jarriel Johnson police statement, discovery file.
“It was also on April 6 . . .”: Crystal Mangum police statement, discovery file.
p. 161:
“Defense lawyer Joe Cheshire . . .”: Joe Cheshire to Mike Nifong, 7 April 2006, copy in authors’ possession.
p. 162:
“Deliberately closed his eyes to what otherwise . . .”:
Bernard J. Ebbers v. United States of America, On Petition for a Writ Of Certiorari to the United States Court of Appeals for the Second Circuit, Brief for the
United States in Opposition,
No. 06-590.
p. 163:
“Unbeknownst to the defense lawyers . . .”: Brian Meehan testimony,
State Bar v. Michael B. Nifong, 17 June 2007. In his May deposition before the State Bar, Nifong dismissed the significance of this meeting, stating that “it would probably just have been an introductory meeting and nothing about the case would have been discussed.” “
The Nifong Deposition, Part II,”
Durham-in-Wonderland, 27 June 2007. Meehan offered a very different recollection of the meeting in his deposition: Meehan said that “we very carefully went over this data,” which included results that the DNA of multiple unidentified males was found on Mangum’s rape kit. Meehan recalled going over the profiles “in detail” with Gottlieb, Nifong, and Himan. Since he considered this information “critical,” he was “absolutely” certain that he discussed it with Nifong on April 10. Indeed, Meehan stated that Nifong asked him to try to work on the specimens with the unidentified male DNA to see if better resolution could be obtained. Meehan said that he felt “it was important that [Nifong] understood—and I believe he understood” that there were unidentified male DNA profiles.” “
The Meehan Deposition,”
Durham-in-Wonderland, 29 June 2007.
“The equivalent of telling a detective . . .”: Bill Thomas interview.
“DNA day was a huge turning point . . .”: Adam Chandler interview.
p. 164:
“We were all elated . . .”: Dave Evans interview.
“Reporters Duff Wilson . . .”: New York Times, 11 April 2006.
“Anything about any of the details . . .”: (look up email)
p. 165:
“Duke’s lacrosse members . . .”: New York Times, 12 April 2006.
“What they did was clam up . . .”: “
Nancy Grace,” Headline News, 10 April 2006.
p. 166:
“Wild speculation . . .”: For a summary of these quotes, see “
The Wendy Murphy File,”
Durham-in-Wonderland, 31 Dec. 2006.
“As she was feeling him up . . .”: Crystal Mangum police report, discovery file.
p. 167:
“Pursuit of knowledge and learning . . .”: N&O, 12 April 2006.
p. 168:
“Strutting”: Tricia Dowd interview.
“Indeed, Nifong’s office . . .”: “
Fun with Numbers,”
Liestoppers, 14 Sept. 2006.
For the April 11 NCCU forum, we used a transcript prepared from WRAL’s video of the event. In an August 29, 2006 letter to the State Bar’s Grievance Committee, Nifong defended his remarks at the forum, deeming his appearance necessary to “correct any misunderstanding that might have been engendered in the community by the prejudicially false or misleading statements made by the defense attorneys [in their April 10 press conference revealing no matches from the SBI lab tests], thereby defusing any potential for community unrest that might have resulted from those statements.” Mike Nifong to Katherine Jean, 29 Aug. 2006, copy in State Bar Disciplinary Hearing Committee file.
p. 170:
“Because he told us they did it . . .”: Tricia Dowd interview.
“Pep rally for an indictment . . .”: Bill Thomas interview.
“I had to turn it off . . .”: Dave Evans interview.
“A reverse O.J. Simpson . . .”: Joe Cheshire interview.
p. 171:
“She stated that she felt bad . . .”: Ben Himan typed notes, discovery file.
“She looked like she was going to . . .”: transcript, 27 October 2006 hearing.
“The victim and District Attorney . . .”: “Supplemental Case Notes of Sgt. M.D. Gottlieb,” discovery file.
“The reason that I took this case . . .”: Herald-Sun, 13 April 2006.
p. 172:
“Do you want to live . . .”: Herald-Sun, 13 April 2006.
“With what?”: Ben Himan testimony, State Bar v. Michael B. Nifong, 16 June 2007.
Chapter Twelve:
Blind Injustice: Indicted after Proven Innocent (pp. 173-194)
p. 174:
“The next day, Himan tried . . .”: Bob Ekstrand interview. In his testimony before the DHC, Himan contended that these initiatives came from his own concerns about the possibly improper indictment of Reade Seligmann—although, since Nifong already had made the decision to indict, whatever exculpatory evidence Himan did find would have been irrelevant.
“Bill, in your wildest . . .”: author interview with defense attorney.
p. 175:
“Felt like Russian Roulette . . .”: “
60 Minutes,” CBS, 15 Oct. 2006.
“He looked at us . . .”: Bill Thomas interview; Wade Smith and Butch Williams had similar recollections of the conversation.
p. 176:
“That Easter weekend . . .”: Larry Lamade interview.
“Something happened . . .”: Jesse Jackson, “
Duke: Horror and Truth,” Black News, press release, 13 April 2006.
“My son is being pursued . . .”: author interview with MaryEllen Finnerty. Events of Easter weekend from author interviews with Kevin Finnerty, MaryEllen Finnerty, Collin Finnerty, Jess Harman.
“Lax Environment . . .”: Los Angeles Times, 16 April 2006.
p. 177:
“Would not be proceeding with this case . . .”: “
Paula Zahn Now,” CNN, 17 April 2006.
“The Finnertys spent Monday morning . . .”: Kevin Finnerty interview, MaryEllen Finnerty interview.
“How can this happen . . .”: MaryEllen Finnerty interview.
“I know that a grand jury indictment . . .”: Baltimore Sun, 18 April 2006.
p. 178:
“The grand jury can actually open up the floor . . .”: “
Nancy Grace,” Headline News, 18 April 2006.
p. 179:
“Phil and Reade Seligmann . . .”: Events of Easter weekend from author interviews with Phil Seligmann, Kathy Seligmann, Reade Seligmann, Ann Jandl.
“We needed someone . . .”: Joe Cheshire interview.
“They’re absolutely innocent . . .”: author interview with Kirk Osborn.
p. 180:
“Reade and Collin . . .”: Phil Seligmann, Kathy Seligmann, Reade Seligmann, Kevin Finnerty, MaryEllen Finnerty, Collin Finnerty interviews.
p. 181:
“Mr. Nifong says . . .”: Kirk Osborn interview. In his State Bar deposition, Nifong remarked that he was “not sure that I would say that it’s my obligation” to look at such evidence if a defense attorney offered it before indictment. Indeed, reminisced Nifong, he
never had done so in any case that he prosecuted. “
Nifong Deposition: Personal issues,”
Durham-in-Wonderland, 28 June 2007.
“The Seligmanns went from the courthouse . . .”: Phil Seligmann, Reade Seligmann, Kirk Osborn, Stefanie Sparks interviews.
p. 182:
“Oh my God, what has this man done?”: Tricia Dowd interview.
“To see my face on TV . . .”: “
60 Minutes,” CBS, 15 Oct. 2006.
p. 183:
“He took it very hard . . .”: MaryEllen Finnerty, Jess Harman interviews.
p. 184:
“The Finnertys drove east . . .”: Kevin Finnerty interview.
“I assume you’ve got a mother . . .”: “Nancy Grace,”
Headline News, 18 April 2006.
“The ax falls at Duke . . .”: “
Scarborough Country,” MSNBC, 18 April 2006. The guest host of the
Scarborough Country program mentioned on this page was Pat Buchanan.
p. 185:
“The media . . .”: MaryEllen Finnerty interview.
“This man and his family . . .”: “Good Morning America,” ABC, 18 April 2006.
p. 186:
“If you had to pick two people . . .”: Yani Newton interview.
“He is such a gentle soul . . .”: author interview with Eileen Cornacchia.
p. 187:
“All of a sudden . . .”: Bo Carrington interview.
“Do anything for you . . .”: author interview with Taylor Price.
p. 188:
p. 189:
“I live near three country clubs . . .”: Phil Seligmann interview.
p. 190:
“You hate yourself . . .”: Dave Evans interview.
“Every day was a bad day . . .’: David Evans interview.
“That someone such as Crystal Mangum . . .”: Bill Thomas interview.
“ . . . whatever they did was bad enough”:
WRAL, 20 April 2006.
p. 191:
p. 192:
p. 193:
“Corroborated some of the accuser’s . . .”: New York Times, 25 April 2006.
p. 194:
“Ejaculation has occurred . . .”: Jay Jennison interview.
“Gottlieb, who was downstairs . . .”: Jay Jennison interview.
“He told them that the DNA . . .”: Meehan also stated that Dave Evans’ DNA—and that of 2 percent of the rest of the U.S. adult male population—could not be excluded from a DNA mixture found on Mangum’s false fingernails in Evans’ trashcan. Gottlieb, however, struggled to understand what Meehan was saying, and thought the doctor had stated that there were “one in 900-some trillion” odds of the DNA belonging to someone other than Evans. “
The Gottlieb Deposition,”
Durham-in-Wonderland, 24 June 2007. Nifong offered, if anything, a more peculiar interpretation of DNA. When asked by Bar prosecutor Doug Brocker about whether he found it odd that Mangum had DNA from multiple unidentified males but none from lacrosse players, the DA replied, “Not specifically, because as I said, the SBI lab had said that there was no ejaculation from that . . . suggesting that I was aware that the victim that night had been in—she came in one car. She left in a separate car. She was in a police car. She was at the access center. She was at
Duke Hospital. There were a lot of places where a fractional amount of DNA could be picked up from something that she was sitting on.” In other words, Nifong didn’t consider it odd that Meehan’s tests suggested that the “victim” might have picked up stray DNA from the cars in which she traveled to and from the party, but had no DNA on her from anyone who attacked her in a 30-minute violent assault. “
The Nifong Deposition, Part II,”
Durham-in-Wonderland, 27 June 2007.
p. 197:
“Racing back and forth to undisclosed locations . . .”: Kristin Zook, “
Nowhere To Turn,”
essence.com.
“Basically fair, I think . . .”: New York Times, 23 April 2006.
p. 198:
“Had no one she could trust . . .”: Michele Soucie notes, discovery file.
“Wanted me to have . . .”: Dave Evans interview.
“It’s not me who is trying the case in the media . . .”:
WRAL, 25 April 2006.
p. 199:
“I pressed him to do it . . .”: Phil Seligmann interview.
“Neglected his duties . . .”: Kirk Osborn, “Motion for Recusal of District Attorney,” 1 May 2006.
p. 200:
“Try cases in the media . . .”:
WRAL, 1 May 2006.
“I’m going to keep that . . .”: Bill Thomas interview.
“I had to defend Kirk . ..”: Joe Cheshire interview.
“It was those motions . . .”: Phil Seligmann interview.
p. 201:
“Conventional wisdom . . .”: Jim Cooney interview.
“We’ve got a sound strategy”: Herald-Sun, 17 April 2006.
p. 202:
“In his April 22 article . . .”:
N&O, 22 April 2006. Melanie Sill's proper title is executive editor and senior vice president of the N&O; she is the top news editor for the paper. Also, Michael Biesecker conducted the interviews of both Keith and Nifong mentioned in the discussion of this article.
p. 203:
“Blacks and whites have not always gotten . . .”: Herald-Sun, 28 April 2006.
p. 204:
“If the Duke lacrosse players . . .”: Kansas City Star, 4 May 2006.
p. 205:
“I’m not familiar with the
North Carolina . . .”: “
The Abrams Report,” MSNBC, 18 May 2006.
p. 206:
p. 208:
“Coleman provided structure . . .”: author interview with Jim Coleman.
“I have given over five thousand speeches . . .”: author interview with Thom Mayer.
p. 209:
“Jim Coleman was kind, gracious, and fair . . .”: Thom Mayer interview.
p. 210:
“The only one who did . . .”: “
Scapegoating,”
Durham-in-Wonderland, 4 Aug. 2006.
p. 211:
“Duke University lacrosse team members . . .”: New York Times, 3 May 2006.
“With the exception of self-described feminists . . .”: Janet Reitman,
“Sex & Scandal at Duke,” Rolling Stone, 1 June 2006.
p. 212:
“I’m sitting here . . .”: Yani Newton interview.
“Duke police ‘quietly’ asked her . . .”: Duke Police incident report, 1 May 2006, copy in discovery file.
p. 213:
“I’ll tell you one of the things . . .”: Richard Brodhead interview.
“When the president took questions . . .”: Tony McDevitt interview, Bo Carrington interview, Dan Flannery interview, Ryan McFadyen interview, William Wolcott interview, Michael Catalino interview, Brad Ross interview, Jay Jennison interview.
p. 214:
“Brodhead could have made history . . .”: Tony McDevitt interview.
“Our confidence in anyone . . .”: Bo Carrington interview.
p. 215:
“Instead of sticking to that assignment . . .”: William G. Bowen and Julius L. Chambers, “
The Duke Administration’s Response to Lacrosse Allegations,” 4 May 2006. Quotes from pp. 215-216 taken from the report. Bowen declined to respond to four requests from KC Johnson, one of the authors, about items in the report that were contradicted by later revelations.
p. 216:
“Makes me wonder . . .”: Kim Curtis posting to Durham Responds Yahoo! Group, 29 March 2006, copy in authors’ possession.
“With these words . . .”: Material in these two paragraphs taken from “
Dowd and Duke,”
Durham-in-Wonderland, 6 Jan. 2007.
p. 217:
“Made a very bad decision . . .”: Stuart Taylor, Jr., “In Duke Case, A Rogues’ Gallery,” National Journal, 20 May 2006.
p. 218:
“I was speaking what I believed . . .”: Kerstin Kimel interview.
p. 219:
“Joe Cheshire tried one last time . . .”: Joe Cheshire interview.
“Mr. Nifong wanted to know . . .”: Ben Himan typewritten notes, discovery file. In 2007 depositions before the State Bar,
Durham authorities offered contradictory explanations on the nature of the Elmostafa arrest.
Nifong said that he had directed Linwood Wilson to conduct a background check; Wilson found the misdemeanor warrant; and Wilson presented it to Nifong, Ben Himan, and Mark Gottlieb; Gottlieb denied any knowledge of the arrest at all; Himan said that Wilson found the warrant on his own and gave it to Himan and Officer Clayton at a meeting that Nifong had left, after which Wilson pressed the officers repeatedly to arrest Elmostafa; Clayton’s notes mentioned no such meeting; and Wilson’s less-than-credible version was summarized by the witty crew at Liestoppers: “Anonymous or unknown tipster from within DA’s office or maybe the Clerk’s office leads Wilson to warrant by suggesting that Elmostafa may have written a bad check(!). He presents warrant in meeting with Gottlieb, Himan, Nifong, and Candy Clark. Alternately, he or Nifong hands warrant to Himan or Gottlieb. Wilson didn’t expect Himan and Gottlieb to serve the warrant themselves.” “Neff, Liestoppers, and Bad News for the DPD,” Durham-in-Wonderland, 1 July 2007.
p. 220:
“Touchdown for the state . . .”: “
Nancy Grace,” Headline News, 11 May 2006.
“Tissue found under . . .”: Herald-Sun, 11 May 2006.
p. 221:
“It all looked bleak . . .”: “
Nancy Grace,” Headline News, 11 May 2006.
“Human flesh found under her . . .”: “
Nancy Grace,” Headline News, 15 May 2006.
“Multiple contributors . . .”: SBI report, discovery file.
“Excluded as a contributor . . .”: Dr. Brian Meehan report, 12 May 2006, discovery file.
“Nifong, Gottlieb, and Himan . . .”: Ben Himan testimony, State Bar v. Michael B. Nifong, 16 June 2007, Brian Meehan testimony, State Bar v. Michael B. Nifong, 17 June 2007.
p. 222:
“After looking through the report . . .”: Joe Cheshire interview, Brad Bannon interview.
“Retard when it comes . . .”: Joe Cheshire interview.
“Dave Evans had been calling . . .”: Joe Cheshire interview.
p. 223:
“Is this good or bad for us?”: Joe Cheshire interview, Brad Bannon interview.
“Imagine what the effect . . .”: Brad Bannon interview.
“I want to throw something out . . .”: Joe Cheshire interview.
“Then, I find myself . . .”: Dave Evans interview.
p. 224:
“If you even crack a smile . . .”: Dave Evans interview.
“It was a very long weekend . . .”: “
60 Minutes,” CBS, 15 Oct. 2006.
“That Monday morning . . .”: N&O, 16 May 2006.
“Cheshire came on the scene . . .”: Joe Cheshire interview.
p. 225:
“I carry a little bit of a cross . . .”: Joe Cheshire interview.
“I follow Joe and Brad . . .”: Dave Evans interview.
“I want to thank you all . . .”: N&O, 15 May 2006.
p. 226:
“You nailed it . . .”: David Evans interview.
“Gottlieb shook my hand . . .”: Dave Evans interview.
“An NBC reporter . . .”: Rae Evans interview.
“That was an awesome thing . . .”: Joe Cheshire interview.
p. 227:
”That speech was . . .”: Joe Cheshire interview.
“He was a captain . . .”: Sue Pressler interview.
“That was one of the most . . .”: Jim Cooney interview.
“How would he know . . .”: “
Nancy Grace,” Headline News, 15 May 2006.
“He said, ‘It did . . .’”: “
Nancy Grace,” Headline News, 15 May 2006.
“Evans’ preppie-looking . . .”: New York Daily News, 16 May 2006.
p. 228:
“Physically worried . . .”: Rae Evans interview.
“I believe it is important . . .”: Herald-Sun, 16 May 2006.
“Three guys grabbed . . .”: Crystal Mangum police statement, 16 May 2006.
p. 229:
“On May 18, the Evans . . .”: David Evans interview, Rae Evans interview.
“I came within a quarter of a second . . .”: author interview with Rich Preyer (to whom Osborn had told the story).
“Case is not going to jump . . .”: Herald-Sun, 19 May 2006.
“The judge thinks they’re guilty . . .”: Kirk Osborn interview.
p. 230:
“This was classic . . .”: author interview with defense attorney.
“As a criminal defense lawyer . . .”: Kirk Osborn interview.
“The medical records . . .”: Kirk Osborn interview.
p. 231:
“Please don’t take this personally . . .”: Kirk Osborn interview.
“You got something to say . . .”: Taylor Price interview.
“He was physically there . . .”: Taylor Price interview.
p. 232:
“It was one of the most . . .”: Taylor Price interview.
p. 233:
“Coach Kerstin Kimel mentioned . . .”: Kerstin Kimel interview.
“The lacrosse gals . . .”: New York Times, 26 May 2006.
p. 234:
“I never believed the day would come . . .”: Philadelphia Inquirer, 28 May 2006.
“Reporters didn’t seem to think . . .”: Kerstin Kimel interview.
p. 235:
“The Duke witch hunt . . .”: New York Times, 28 May 2006.
p. 236:
“Extremely vulnerable . . .”: Robert Bliwise, “
A Spring of Sorrows,”
Duke Magazine, May-June 2006.
p. 237:
p. 238:
“In their back and forth . . .”: Bo Carrington interview.
“The fundamental rule he should have imposed . . .”: New York Daily News, 7 June 2006.
“This has not been . . .”: New York Times, 11 June 2006.
p. 239:
“Heavily outspent in a tough . . .”: New York Times, 11 June 2006.
“Growing perception that the case . . .”: New York Times, 12 June 2006.
p. 240:
“You’d better be right about this . . .”: Brad Bannon interview.
“In an interview later . . .”: New York Times, 23 June 2006.
p. 241:
p. 242:
“When Reade’s mother pressed . . .”: Kathy Seligmann interview.
p. 243:
“Jackie Brown coordinated . . .”: Jackie Brown interview.
p. 244:
“These facts were conceded . . .” pretrial papers filed by prosecution, in possession of authors.
The facts of the case are taken from an author’s notes of the trial testimony of several witnesses; arguments, factual concessions and stipulations of counsel; police reports; and court papers.
“It was an argument between two young guys . . . .” statement by U.S. Attorney spokesperson Stephanie Bragg Lee, explaining why this was no hate crime, quoted in
Washington Blade, 20 April 2006.
p. 245:
“Finnerty wanted to plead. . .”: interviews with defense sources who requested anonymity.
“Put Finnerty under a pretrial curfew . . .”: interviews with Finnerty family and lawyers.
“Had authorized Finnerty to spend the night . . .”: court papers in possession of author.
p. 246:
“Maybe you want to go up on . . .”: MaryEllen Finnerty interview.
p. 247:
“Herndon had told a police officer . . .” Herndon trial testimony.
“Both Herndon and Bloxsom had consulted lawyers . . .” Herndon trial testimony; Charlotte Observer, 22 April 2006.
Our account of Judge Bayly’s comments and rulings comes from his statements from the bench, of which an author has the official transcript.
“Strong, homophobic overtones . . .”: Herald-Sun, 17 Oct. 2006.
“Beat up a gay man . . .”: Houston Baker to Tricia Dowd, 31 Dec. 2006, e-mail.
p. 248:
“It looked sometimes over the course . . .”: Herald-Sun, 18 July 2006.
p. 249:
“We were making Nifong look bad . . .”: author interview with defense attorney.
p. 250:
p. 252:
“Both sides . . .”:
N&O, 19 Jan. 2007. In August 2007, the state NAACP removed the memorandum of law from its website.
p. 253:
“Chance to engage . . .”: Jim Coleman interview.
p. 254:
“We believe that the Duke administration . . .”:
FODU open letter, 19 July 2006.
“On July 27 . . .”: Kevin Finnerty interview, MaryEllen Finnerty interview.
p. 255:
“I’ll tell you why . . .”: Richard Brodhead interview.
“Hours after Cheek’s announcement . . .”: author interview with Beth Brewer.
p. 256:
“Beth Brewer, a Durham resident . . .”: Beth Brewer interview, Jackie Brown interview.
“The people of
Durham do have an option . . .”: “
Anybody But Nifong,” campaign flyer, 27 July 2006.
p. 257:
p. 258:
Quotes on this page from “
Eyes Wide Shut,”
Durham-in-Wonderland, 27 Aug. 2006.
p. 259:
“It would tend to support . . .”: Herald-Sun, 1 Aug. 2006.
p. 260:
“To get warrants . . .”: N&O, 6 Aug. 2006.
“The memo appeared to have been typed . . .”: In his deposition for the State Bar, Gottlieb admitted that he typed the critical portions of the memo—Mangum’s alleged descriptions of her “attackers” in the March 16 interview—sometime in early July. His excuse for failing to take contemporaneous notes? He said he did so—on a dry-eraser board, and was unaware that the board wasn’t photographed each day before being erased.
p. 261:
“This is a pristine, white . . .”: New York Times, 25 Aug. 2006. The material from pages 261-263 is all from the discovery file, including Gottlieb’s supplementary report.
p. 263:
“Bannon and Cheshire spent hours . . .”: Brad Bannon interview, Joe Cheshire interview.
“More careful . . .”: Duff Wilson to Brad Bannon, 25 Aug. 2006, e-mail.
The quotes from page 263 through page 267 all come from the Wilson/Glater August 25 article in the New York Times.
p. 268:
“Newsy . . . largely consistent . . .”: author interviews with defense attorneys.
p. 270:
“The unforgivable flaws and omissions . . .”: “
Enough from Duff,”
Liestoppers, 25 Aug. 2006.
p. 271:
“The other dancer, Ms. Roberts . . .”: New York Times, 25 Aug. 2006.
“A bit Grassy Knoll-ish . . .”: N&O, 17 Aug. 2006.
p. 272:
“The reason . . .”: Kirk Osborn interview.
p. 273:
“Principles of due process . . .”: Duke Students for an Ethical Durham, mission statement.
“Kim Brummell, who had written . . .”: “
Who Is Kim Brummell?,”
Durham-in-Wonderland, 28 Sept. 2006.
p. 274:
“It was totally different . . .”: Michael Catalino interview.
“They know they were wrong . . .”: Tony McDevitt interview.
“Students who did return . . .”: Material in this and the following eight paragraphs taken from “
Mobbing Duke Students,”
Durham-in-Wonderland, 13 Aug. 2006.
p. 277:
“Devon wished they were . . .”: Devon Sherwood interview.
“As the summer was winding down . . .”: Kevin Finnerty interview, MaryEllen Finnerty interview.
“Our response was that we all . . .”: Tony McDevitt interview.
“To present a good image . . .”: Ryan McFadyen interview.
p. 278:
“Deeply psychologized . . .”: Ryan McFadyen interview.
“What have you and the administration . . .”: Jay Jennison interview.
“A great judge . . .”: Joe Cheshire interview.
p. 279:
“The Finnerty legal team had suspected . . .’: Doug Kingsbery interview.
p. 280:
“So his report encompasses it all?”: transcript, court session, 22 Sept. 2006.
“Just screw it . . .”: Bo Carrington interview.
“Registering voters . . .”: Tony McDevitt interview.
p. 281:
“Voice your choice . . .”: Tony McDevitt interview.
“Then Mike Sobb . . .”: Tony McDevitt interview, Bo Carrington interview, Michael Catalino interview, Jay Jennison interview.
p. 282:
“Among the highlights . . .”: Quotes in this and the following four paragraphs come from “
60 Minutes,” CBS, 15 Oct. 2006.
p. 283:
“People whose profession is dedicated . . .”: Arizona Republic, 22 Oct. 2006.
p. 284:
“Political science professor . . .”: Kerry Haynie to Steve Baldwin, 24 Oct. 2006, e-mail.
p. 285:
“Brad Bannon . . .”: Brad Bannon interview, Brad Bannon testimony, State Bar v. Michael B. Nifong, 18 June 2007.
“He’s hiding . . .”: Kathy Seligmann interview.
“The Seligmanns were . . .”: Phil Seligmann interview, Kathy Seligmann interview.
p. 286:
“Everything you’d want in a teacher . . .”: Jim Cooney interview.
“Bad closing argument . . .”: Jim Cooney interview.
“Additional intellectual . . .”: Joe Cheshire interview.
“Some fancy-ass golf club . . .”: Brad Bannon interview.
p. 287:
“The first day . . .”: Brad Bannon interview, Jim Cooney interview.
“The defense team . . .”: Jim Cooney interview.
“Accepted Mr. Nifong’s . . .”: transcript, court session, 27 Oct. 2006.
“That’s interviewed the victim . . .”: Herald-Sun, 20 Oct. 2006.
“Man of integrity . . . traumatized . . .”: transcript, court session, 27 Oct. 2006.
p. 288:
“Put himself in a position . . .”: transcript, court session, 27 Oct. 2006.
“Any prosecutor with any sense . . .”: transcript, court session, 27 Oct. 2006.
“Other than a rude response . . .”: transcript, court session, 27 Oct. 2006.
p. 289:
“Rather stunning . . .”: transcript, court session, 27 Oct. 2006.
“Jason Trumpbour . . .”: Jason Trumpbour memorandum, copy in authors’ possession.
p. 290:
“If Nifong were corrupt . . .”: Jason Trumpbour memorandum, copy in authors’ possession.
“Even though it is not fair . . .”: Jason Trumpbour memorandum, copy in authors’ possession.
“I met with Mr. Trumpbour at his request . . .”: author interview with Bob Steel.
p. 291:
“Secret racism . . .”: Herald-Sun, 29 Oct. 2006.
“Displace the problem of racism . . .”: Herald-Sun, 29 Oct. 2006.
“The vulnerability of black bodies . . .”: Herald-Sun, 29 Oct. 2006.
“Obscure what is really at stake . . .”: Herald-Sun, 29 Oct. 2006.
p. 292:
p. 293:
“Nifong may have made mistakes . . .”: “
Just One Case?,”
Durham-in-Wonderland, 21 Nov. 2006.
p. 294:
p. 295:
“The future of Durham’s in the balance . . .”: AP wire, 30 Oct. 2006.
“Threat to their sense of entitlement . . .”: Nifong e-mail, 4 Nov. 2006, copy in authors’ possession.
p. 296:
“We’ll see if we can . . .”: Bo Carrington interview.
“You’ve got to be nicer than that . . .”:
WTVD, 7 Nov. 2006.
“Hope you lacrosse players . . .”: Bo Carrington interview, Michael Catalino interview, Stefanie Sparks interview.
p. 297:
p. 298:
“Many more voters than we suspected . . .”: Herald-Sun, 9 Nov. 2006.
p. 299:
“The thirteen core faculty members . . .” After the Board’s action (and the public criticism), AAAS
reorganized its website to list four full-time faculty and four joint lines. No explanation was given for the redesign.
p. 301:
“There is no such thing . . .”: Jim Cooney interview.
“Frankly stunned . . .”: Jim Cooney interview.
“Brad Bannon had spent . . .”: Material for this and the next three paragraphs from Brad Bannon interview, Joe Cheshire interview. For more details about the defense attorneys’ work with the DNA evidence, see “
Bannon on the DNA Process,”
Durham-in-Wonderland, 28 July 2007; “Cooney & Bannon on DNA,”
Durham-in-Wonderland, 31 July 2007; “Jim Cooney on the Dec. 15 Hearing,”
Durham-in-Wonderland, 4 Aug. 2007; “More from Bannon on DNA,”
Durham-in-Wonderland, 7 Aug. 2007.
p. 302:
“Meanwhile, on December 12 . . .”: Walter Jones press release, 12 Dec. 2006.
p. 303:
“In a sixteen-page joint motion . . .”: This and the following five paragraphs come from
Defense joint motion, 13 Dec. 2006.
p. 304:
“The second hammer blow . . .”: This and the following two paragraphs come from
Defense joint motion, 14 Dec. 2006.
“The third hammer blow . . .”: This and the following three paragraphs come from
Defense joint motion, 15 Dec. 2006.
p. 306:
“The night before . . .”: Phil Seligmann interview, Kathy Seligmann interview.
“I knew it could have been me . . .”: Michael Catalino interview.
“The DA avoided eye contact . . .”: Bo Carrington interview, Ryan McFadyen interview.
“On November 9 . . .”: Doug Kingsbery interview.
p. 307:
“The first statement from the judge . . .”: Doug Kingsbery interview.
“I just, in terms of . . .”: Court session,
15 Dec. 2006, transcript.
“This move took defense lawyers . . .”: Brad Bannon interview, Joe Cheshire interview.
“As attorneys debated . . .”: Brad Bannon interview, Joe Cheshire interview.
p. 308:
“You could see Brad’s pant legs . . .”: Dave Evans interview.
“Cheshire leaned over . . .”: Joe Cheshire interview.
“Bannon thought to himself . . .”: Brad Bannon interview.
p. 309:
“Watching Brad pull the truth out . . .”: Dave Evans interview.
“One of the prouder . . .”: Joe Cheshire interview.
“Meanwhile, the contrast . . .”: Both co-authors attended the December 15 hearing.
“Seeing Nifong’s disorganization . . .”: Michael Catalino interview.
“Let me ask you . . .”: Court session,
15 Dec. 2006, transcript.
p. 310:
“Asked by a defense attorney . . .”: Los Angeles Times, 16 Dec. 2006.
“Final conclusive report . . .”: Court session,
15 Dec. 2006, transcript.
“It is true . . .”: Court session,
15 Dec. 2006, transcript.
“Redemptive feeling . . .”: Bo Carrington interview.
“Staring at Nifong . . .”: Ryan McFadyen interview.
p. 311:
“Needed to go through . . .”: Court session,
15 Dec. 2006, transcript.
“The hearing’s Perry Mason moment . . .”: Court session,
15 Dec. 2006, transcript.
p. 312:
“As the story turned . . .”: Richard Brodhead interview.
p. 313:
“The duo didn’t even tell . . .”: Ben Himan testimony, State Bar v. Michael B. Nifong, 16 June 2007.
“According to Wilson’s . . .”: This and the information in the following eleven paragraphs comes from
Defense joint motion, 11 Jan. 2007. In a 2007 deposition conducted by the State Bar, Wilson later claimed that the interview’s sole purpose was to clear up “some discrepancies between what Kim Roberts had said and what Crystal Mangum had said,” as well as between Mangum’s various versions of events and the time-stamped party photos broadcast by MSNBC’s Dan Abrams. The “interview” moved in different directions, according to
Wilson, when Mangum, who was having “flashbacks,” “just started talking” about them. After the “flashback” session ended,
Wilson said that he decided to show Mangum some of the party photos. But as he opened his briefcase, he happened to have the photos from the April 4 lineup (which were then the subject of a suppression motion). And, further, he happened to have Dave Evans’ photo in plain sight—which allowed Mangum to note that Evans had a 5:00 shadow, not a mustache, on the night of the “attack.” “
Linwood Wilson Deposition,”
Durham-in-Wonderland, 9 July 2007.
p. 316:
p. 317:
“Given the certainty with which . . .”: “
Brodhead, Finally,”
Durham-in-Wonderland, 22 Dec. 2006.
“They had a long piece . . .”: author interview with New York Times insider who requested anonymity.
p. 318:
“A draft of the new Times piece . . .”: author interview with New York Times insider who requested anonymity.
“Close to the investigation . . .”: New York Times (web), 22 Dec. 2006.
“The Times did a much less . . .”: This and the following five paragraphs come from New York Times, 23 Dec. 2006, 24 Dec. 2006.
p. 319:
“The moment that may have changed . . .”: New York Times, 24 Dec. 2006.
p. 320:
“You know, it’s not the only case . . .”: New York Times, 24 Dec. 2006.
“What is clear is that Nifong . . .”: Los Angeles Times, 26 Dec. 2006.
“Mike Nifong has demonstrated . . .”: Wilmington Star, 27 Dec. 2006.
“We want our law enforcement officials . . .”: Herald-Sun, 28 Dec. 2006.
p. 321:
p. 323:
“I don’t feel I’m part of the problem . . .”:
WRAL, 2 Jan. 2007.
“Could get back to work . . .”:
News 14, 2 Jan. 2007.
p. 324:
“Outpouring of support . . .”: Seligmann family press release, 4 Jan. 2007.
“Especially just before a critical judicial decision . . .”:
Diverse Online, 10 Jan. 2007.
p. 325:
“Holloway dramatized her resignation . . .”: “
Let’s Play Telephone,”
Durham-in-Wonderland, 16 Jan. 2007.
p. 326:
“Borderline psychotic . . .”: Cathy Davidson mass e-mails, 7 Jan. 2007, 10 Jan. 2007, copies in authors’ possession.
p. 327:
“Potentially unethical statements . . .”: “
Abrams Report,” MSNBC, 19 April 2006.
“Said ‘no’ but wasn’t . . .”: Linwood Wilson notes, 10 Jan. 2007m discovery file.
“Oh . . .”: Doug Kingsbery notes, interview with Levicy, DATE, copy in authors’ possession.
p. 328:
“I have come to understand . . .”: Susan Thorne draft essay, enclosed in Susan Thorne to Danny Flannery, e-mail, 18 Jan. 2007.
“My voice wouldn’t count . . .”: Susan Thorne to Danny Flannery, e-mail, 18 Jan. 2007.
p. 329:
“Get a freaking life! . . .”: Kerry Haynie to KC Johnson, e-mail, 23 May 2007.
“May well end up being the subject of a civil suit . . .”: Cathy Davidson, mass e-mail, 14 Jan. 2007.
p. 330:
p. 331:
“If these allegations are true . . .”:
AP wire, 25 Jan. 2007.
p. 332:
“Lynching mobs in Durham . . .”: Herald-Sun, 26 Jan. 2007.
“Team’s drunken, perverted party . . .”: Wilmington Journal, 18 Jan. 2007.
p. 333:
“After all, as a Democrat . . .”: Wilmington Journal, 18 Jan. 2007.
“Disturbingly extensive experience . . .”: Herald-Sun, 2 April 2006.
“Nifong owes the alleged victim . . .”: Herald-Sun, 27 Jan. 2007.
“It was a cover-up . . .”: Newsday, 1 April 2007.
“I don’t want to be a Nifong . . .”: Greensboro News-Record, 1 Feb. 2007.
p. 334:
p. 335:
“Will continue to enjoy their aristocratic . . .”: New York Post, 23 March 2007.
“They are used to controlling the scope . . .”: Jason Trumpbour memorandum, 5 Feb. 2007.
p. 336:
“Current of criticism . . .”: “Shut Up and Teach?”
flyer, 12 Feb. 2007.
p. 337:
“Weintraub’s words . . .”: This and the following three paragraphs come from “
Condemned to Repetition,”
Durham-in-Wonderland, 16 Feb. 2007.
“It is through [their] inarticulateness . . .”: Richard Bertrand Spencer, “
Rotten in Durham,”
American Conservative, 26 Feb. 2007.
p. 338:
p. 339:
“Out of context . . .”: Robert Thompson to KC Johnson, e-mail, 23 March 2007.
p. 340:
p. 341:
“Meanwhile, in the classroom . . .”: This and the following paragraph come from “
Group of 88 for Credit,”
Durham-in-Wonderland, 1 Feb. 2007.
“Sometimes, in the course of . . .”: This and the following eight paragraphs come from “
Double Standards,”
Durham-in-Wonderland, 22 Feb. 2007.
p. 343:
“Nifong, Still the DA . . .”: This and the following five paragraphs come from “
Nifong’s Continued Evasions,”
Durham-in-Wonderland, 8 March 2007.
p. 345:
p. 346:
“Osborn fell just after writing these . . .”: eulogy at Osborn’s March 28, 2007 memorial service by his close friend Rich Preyer; prepared text is in authors’ possession.
“He was one of our warriors . . .”: Herald-Sun, 26 March 2007.
p. 347:
“Osborn’s close friend . . .”: eulogy at Osborn’s March 28, 2007 memorial service by his close friend Rich Preyer; prepared text is in authors’ possession.
“The special prosecutors . . .”: This and the following three paragraphs come from the defense letter and PowerPoint presentations, which were provided to the authors—with the exception of the portions of both items dealing with Mangum’s medical records, which remained under seal.
p. 348:
“Nifong, by contrast . . .”: author interview with defense attorney.
p. 349:
“Provided the defense . . .”: This and the following seven paragraphs come from Office of the Attorney General of North Carolina,
Summary of Conclusions, 27 April 2006.
p. 351:
“I said, for what? . . .”: Newsday, 8 April 2007.
“The timing couldn’t have been worse . . .”: “
The Civil War Begins,”
Forty Questions, 11 April 2007.
p. 352:
“Dave Evans urged . . .”: This and the following six paragraphs come from defense attorneys’ press conference, Lexis/Nexis, 11 April 2007.
p. 354:
“Love yourself, Durham . . .”: Herald-Sun, 12 April 2007.
p. 355:
“I believe in the transforming power . . .”: Note from Scott Campbell to Dave Evans; copy in authors’ possession.
Chapter Twenty-Three: No Isolated Case: From Duke to Death Row (pp. 356-370)
p. 357:
p.358:
“In 2004, after the State Bar . . .”: The text of Brad Bannon’s letter to the State Bar is
here.
“Nor are such problems confined . . . .”: See, e.g., Angela J. Davis, Arbitrary Justice: The Power of the American Prosecutor, Oxford University Press, 2007.
p. 359:
“For many years . . .”: Joe Cheshire interview
“Criminal defense lawyers in America . . .”: See, e.g., Alan M. Dershowitz, The Best Defense (New York: Random House, 1984).
“In addition, says a former prosecutor . . .”: Author interview with former prosecutor who requested anonymity.
p. 360:f
“Professor Samuel Gross . . .”: See Samuel Gross and Barbara O’Brien, “Frequency and Predictors of False Conviction: The Problem, and Some Data on Capital Cases,” 19 June 2007 preliminary draft, copy in authors’ possession; Stuart Taylor, Jr., “Innocents in Prison,” National Journal, 4 Aug 2007.
p. 361:
“Indeed, the word ‘testilying’ . . .”: See Alan M. Dershowitz, “Controlling the Cops; Accomplices to Perjury,” New York Times, 2 May 1994.
“Every objective study . . .”: Dershowitz, “Police Testilying Must Not Be Tolerated,” Boston Globe, 11 Dec. 1997.
p. 362:
“The strong presumption that verdicts are correct . . .”: Henry Weinstein, “States Resist DNA Tests that Could Free the Wrongly Convicted,”
Los Angeles Times, 21 Feb. 2000.
“DNA Testing’s Unique Qualities . . .”: Harvey Silverglate, “A Judge Speaks with Candor About Judicial Cop-Outs,
The Phoenix, 28 March 2007. Judge Gertner’s opinion is
here.
“Police and/or prosecutorial misconduct . . .”:
www.innocenceproject.org; author interview with Eric Ferrero of Innocence Project; Brandon L. Garrett, “
Judging Innocence,” forthcoming in January 2008
Columbia Law Review.
pp. 363-366:
The facts of these cases were taken from the Grisham book (in the Williamson-Fritz case) and from summaries on the
Innocence project’s website, and were checked with Eric Ferrero of the Innocence project, who in some cases supplied additional facts and court transcripts (in possession of authors).
p. 366:
“The Cruz case was one of those . . . .”: E.g., Ken Armstrong and Steve Mills, “Ryan Suspends Death Penalty,” Chicago Tribune, 31 Jan. 2000; Stuart Taylor, Jr., “The Death Penalty: To Err Is Human,”: National Journal, 12 Feb. 2000.
“A classic example was the Stuart case . . .”: Judge Gertner’s speech is in authors’ possession.
p. 367:
“Vague criminal statutes in the federal system . . .”: Author interview with Harvey Silverglate.
“A liberal is a conservative who has had his child . . .”: Joe Cheshire interview.
p. 368:
“Almost everywhere in this country . . . .”: E.g., National Association of Criminal Defense Lawyers (NACDL),
“Federal Grand Jury Reform”; Angela Davis,
supra.
“Reporters feed at the trough of prosecutors . . .”: Harvey Silverglate interview.
“Grand juries in most states . . .”: Niki Kuckes, “The Useful, Dangerous Fiction of Grand Jury Independence,” 41 American Criminal Law Review 1 (Winter 2004).
“It’s hard to explain what it’s like . . .”: Joe Cheshire interview.
“What is most hopeful . . .”: author interview of Barry Scheck.
p. 369:
“In New York and some other states . . .”: NACDL, supra.
p. 371:
“The speaker was Catherine MacKinnon . . .”: as recalled by Peter Berkowitz, a member of Yale’s 1990 graduating class.
pp. 371-372:
“To a point, this movement was an overdue backlash . . . .”: A useful summary of the common law of rape and evolving rules during the 20th Century, including rape shield laws, is Susan Estrich, Real Rape (Cambridge, MA: Harvard University Press, 1988).
“As the seventeenth-century English jurist Sir Matthew Hale . . .”: 1 Hale, History of the Pleas of the Crown 635 (1971).
p. 373:
“The 1987 Tawana Brawley case . . . “ See, e.g., Robert D. McFadden, Outrage: The Story Behind the Tawana Brawley Hoax (New York: Bantam, 1990).
“Meanwhile, as Robert Woodson, Sr. wrote . . . .”: Washington Times, 11 May 2006.
“For so long . . .”: Jim Cooney to Stuart Taylor, e-mail, 13 April 2007.
pp. 373-374:
“Indeed, Professor Dershowitz was once accused . . .”: as reported in interview with Harvey Silverglate, a close friend of Dershowitz; various web sites.
p. 374:
Linda Fairstein, “Why Some Women Lie About Rape,” Cosmopolitan, November 2003. In September 2016, a decade after the hardback edition of Until Proven Innocent, it came to Taylor's attention for the first time that in a February 1987 article about Fairstein in Penthouse, Ben Stein had quoted her making a statement identical to the one in our hardback edition: “There are about 4,000 reports of rape each year in Manhattan. Of these, about half simply did not happen.” Taylor contacted Fairstein again on September 30, 2016, and she said that Stein's quotation of her was "not true." Asked by Taylor to comment, Mr. Stein declined to answer, citing his long friendship with Ms. Fairstein.
“FBI statistics say . . . .”: FBI Uniform Crime Reports, Crime in the United States 1996, Section II, p. 24: The average of unfounded complaints for all Index crimes was 2 percent.
pp. 374-375:
“Forty-one percent of 109 . . .”: The Kanin studies are both
here.
p. 375:
“Fraudulent rape complaints were perceived as a problem . . . .”: Elaine Donnelly, “Sex, Lies and Rape,”
Center for Military Readiness (membership required), 4 Sept. 2006: “According to a report of the Defense Department Inspector General released in 2005, approximately 73% of women and 72% of men at the military service academies believe that false accusations of sexual assault are a problem. But military officials keep pretending that the problem does not exist.”
“One in four rape reports was unfounded . . . .”: Stephen Buckley, “Unfounded Reports of Rape Confound Area Police Investigators, Washington Post, 27 June 1992: “Police departments in seven Washington area jurisdictions use a standard identical to the FBI when dismissing rape claims as unfounded. In the last two years, women in those jurisdictions filed 1,842 rape reports, and police concluded that 439 were unfounded.”
pp. 375-376:
“‘Every year since 1989 . . .”: E. Connors et al., “Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial,” U.S. Dept. of Justice Research Report, June 1996, at xxviii-ix. (Scheck and Neufeld are quoted
here.)
p. 376:
“Indeed, 60 percent of rape and sexual assault victims do not report . . . .”: see
here.
p. 377:
“This view, wrote Butler, . . .”: Kristin Butler article, supra.
“Tara Levicy, for example, made it absolutely clear . . . .”: Tara Levicy interview with Doug Kingsbery, 26 Feb. 2007.
p. 378:
“Tara Levicy’s stridency . . .”: Joe Cheshire interview.
“For them, ‘bad news is good news,’ . . .”: Donnelly’s testimony is
here.
“If accusers are asked to take polygraphs . . .”: Mandy Locke, “Lie Detector Tests Randle Victim Backers,”
N&O 23 May 2006.
p. 379:
“As
Durham minister Carl Kenney demanded . . . .”: “
March Madness, II,”
Durham-in-Wonderland, 19 March 2007.
“The relevant section from the North Carolina general states . . .”: § 15-144.1 of the criminal procedure code, “Essentials of bill for rape,”: quoted in
“Discretionary Daily Double,” Durham-in-Wonderland, 5 Sept. 2006.
p. 380:
“Oliver Jovanovic . . .”: e.g., Cathy Young, “Excluded Evidence: The dark side of rape shield laws,” Reason, 1 Feb. 2002.
pp. 380-381:
“And in a 1997 case, sportscaster Marv Albert . . . .”: Cathy Young, “Excluded Evidence: The dark side of rape shield laws,” Reason, 1 Feb. 2002.
“The danger of such miscarriages . . .”: The Law Lords decision is summarized
here.
pp. 381-382:
“A leading example is the case of Kobe Bryant . . .”: See, e.g., Kirk Johnson, “The Bryant Trial: Anatomy of a Case that Fell Apart,” New York Times, 3 September 2004.
p. 382-383:
“The same forces that took the treatment . . . .”: E.g., Dorothy Rabinowitz, No Crueler Tyrannies: Accusation, False Witness, and Other Terrors of Our Times (New York: Free Press, 2003).
“The excesses of those prosecutions were epitomized . . .”: Boston Globe, 22 June 2006.
“They showed, according to Harvey Silverglate . . .: Harvey Silverglate to Stuart Taylor, e-mail.
“A heartbreaking article . . . .”: Ashley Cross, “I Fell for a Man Who Wore an Electronic Ankle Bracelet,” New York Times, 14 Jan. 2007.
pp. 383-384:
“A twenty-year-old Brandeis junior, David Schaer . . .”: The facts are best summarized in the parties brief in Schaer v. Brandeis University, 432 Mass. 474, 735 N.E. 2d 723 (2000) (in possession of authors).
p. 384:
“The Massachusetts Supreme Judicial Court ruled . . .”: Id.
“This amounted to judicial encouragement . . .”: Wendy Kaminer’s comments are
here.
pp. 384-385:
“An assistant professor of religion . . .”: The facts of the Ramda Lamb case are detailed in Melanie Thernstrom,
“Trouble in Paradise,” George, September 1999.
pp. 385-386:
“Cathy Young described the trend . . .”: Cathy Young, “Harsh Punishment at Harvard,” Boston Globe, 11 March 1999.
Chapter Twenty-Five: The Assault on Excellence (pp. 386-401)
p. 387:
“As when armed militants occupied . . .”: See Donald Alexander Downs, Cornell ‘69: Liberalism and the Crisis of the American University (Ithaca: Cornell University Press, 1999.)
p. 388:
“In a nation whose future depends . . .”: Alan Charles Kors and Harvey Silverglate, The Shadow University: The Betrayal of Liberty on America’s Campuses (New York: The Free Press, 1998), pp. 210.
“As it happens . . .”: This and the following nine paragraphs from
Shadow University,
chapter one.
p. 390:
“Check your history . . .”: Alan Charles Kors letter, 2002, copy in authors’ possession.
p. 391:
p. 392:
“In the era of political correctness . . .”: Richard Bernstein, The Dictatorship of Virtue: How the Battle over Multiculturalism Is Reshaping Our Schools, Our Country, and Our Lives (New York: Vintage, 1995), p. 110.
“Coalition of angry feminists . . .”: New York Sun, 14 April 2005.
p. 393:
“Sounding more like a prisoner in a Soviet show trial . . .”: Ruth Wisse, “
Gender Fender-Bender,”
Wall Street Journal, 21 Jan. 2005.
“The modern university is the culmination . . .”: Harvey Silverglate, “
Say It Ain’t So,”
Boston Phoenix, 28 Jan. 2005.
“You might think that the presidents . . .”: Donald Kagan, “
As Goes Harvard . . .,”
Commentary, Sept. 2006.
p. 394:
“Scholars and feminists engaged in these studies . . .”: “
How Not to Diversify,”
EphBlog, 25 Jan. 2006.
p. 395:
“Take Marquette . . .”: Inside Higher Ed, 14 Oct. 2005.
“Cultural competence . . .”: Inside Higher Ed, 31 May 2005.
p. 396:
“No need for more emphasis in Western studies . . .”: Daily Tar Heel, 7 March 2005.
p. 397:
p. 398:
p. 399:
“Unlike conservatives, they believe in working for the public good . . .”: “
The Democrats and ‘Values’,”
Discriminations, 24 Nov. 2004.
p. 400:
p. 401:
“A university without a larger . . .”: Harry R. Lewis, Excellence without a Soul: How a Great University Forgot Education (New York: Public Affairs Press, 2006), pp. 73.
Epilogue: (pp. 403-430)
p. 403:
p. 404:
“Wendy Murphy, meanwhile . . .”: “
More Murphy,”
Durham-in-Wonderland, 2 May 2007.
In a subsequent interview with
American Journalism Review: Rachel Smolkin, “
Justice Denied,”
American Journalism Review, Aug.-Sept. 2007.
“He dismissed the lacrosse case . . .”: “
Araton: No Apologies,”
Durham-in-Wonderland, 24 April 2007.
“Byron Calame, in his final major column as “public editor” of the
Times . . .”:
New York Times, 22 April 2007.
“Executive editor Bill Keller later lashed out . . .”: Smolkin, “
Justice Denied,”
American Journalism Review, Aug.-Sept. 2007.
“Board of Trustees chairman Bob Steel released a statement . . .”: Bob Steel e-mail, 11 April 2007.
p. 405:
“In an interview with the
Chronicle, William Chafe conceded . . .”:
Chronicle, 30 April 2007.
“Farred told a
Williams College audience . . .”: “
Friday with Farred,”
Durham-in-Wonderland, 11 May 2007.
p. 406:
“Gushed English Department chair Molly Hite . . .”: “
Path Not Taken,”
Durham-in-Wonderland, 13 Sept. 2007.
“Outraged Cornell alumni . . .”: “
More Big Red,”
Durham-in-Wonderland, 28 Sept. 2007; Bruce did not respond to multiple requests for comment.
“Describing the lacrosse team as ‘a semi-criminal youth gang’ . . .”: “
Mindboggling,”
Durham-in-Wonderland, 10 April 2007. After this book went to press, Potter—without explanation—removed her post from her website. It is, however, cached
here.
“
Syracuse professor Bryce Watkins . . .”: “
Still Foolish,”
Durham-in-Wonderland, 23 June 2007. After this book went to press, Watkins—without explanation—removed the post from his website.
p. 407:
“Solomon Burnette openly called for race war and black vigilantism . . .”: Campus Echo, 18 April 2007.
“In response to heavy outside criticism . . .”: Campus Echo, 2 May 2007.
p. 408:
“Unlike many in the academic world . . .”: Quotes in this and the following five paragraphs come from the
Baker-Chalmers Report, 11 May 2007.
p. 409:
“As Brad Bannon noted . . .”: Herald-Sun, 12 May 2007.
“Chalmers . . . ‘Investigators hoped this [procedure] would develop some leads’ . . .”:
Baker-Chalmers Report, 11 May 2007.
“Catotti complained about chiefs of police from “competing” and “rival” cities . . .”: Herald-Sun, 29 May 2007.
“’This case,’ explained Catotti, “raises so many race and gender issues’ . . .”: Herald-Sun, 2 June 2007.
p. 410:
“Gottlieb effectively confessed . . .”: The quotes in this and the following paragraph come from Gottlieb deposition, State Bar v. Michael B. Nifong.
“Himan, the only Durham police officer . . .”: Himan deposition, Bar v. Michael B. Nifong.
p. 411:
“Wilson also provided a far-from-credible explanation . . .”: The quotes in this and the following two paragraphs come from Wilson deposition, State Bar v. Michael B. Nifong.
“Nifong rationalized in his own deposition . . .”: Wilson deposition, State Bar v. Michael B. Nifong.
p. 412:
“The encounter energized the former co-captain too . . .”: Interview with Dave Evans.
“Whitlock . . . the “program and its players were demonized’ . . .”: Kansas City Star, 29 May 2007.
“The Chicago Tribune’s Philip Hersh . . .”: Chicago Tribune, 28 May 2007.
“Added the Baltimore Sun’s Roch Kubato . . .”: Baltimore Sun, 27 May 2007.
p. 413:
“The Washington Post’s Mike Wise . . .”: Washington Post, 26 May 2007.
“Mark Purdy of the San Jose Mercury . . .: San Jose Mercury News, 28 May 2007.
pp. 413-417:
All quotes in these pages come from coverage of the hearing at Durham-in-Wonderland.
p. 418:
“Hodge . . . ‘you guys in the media’ . . .”: N&O, 7 July 2007.
“It is in the best interests of the Duke community to eliminate the possibility of future litigation’ . . .”: N&O, 13 April 2007.
p. 419:
All quotes on this page come from coverage of the criminal contempt trial in Durham-in-Wonderland.
p. 420:
Coleman: “When the city acts in ways . . .”: N&O, 13 Sept. 2007.
p. 421:
“But in November, Coleman dramatically revised his opinion . . .”: Chronicle, 14 Nov. 2007.
“Termed Coleman’s behavior ‘way off-base’ . . .”: Winston-Salem Journal, 22 Nov. 2007.
“Durham spokesperson Beverly Thompson . . .”: N&O, 7 Oct. 2007.
p. 422:
“Brodhead offered a limited apology at a Duke Law School conference . . .”: Chronicle, 30 Sept. 2007.
p. 423:
Bilas “thought it was appropriate that President Brodhead would apologize . . .”:
N&O, 30 Sept. 2007.
“Statement revealed both personal courage . . .”: Chronicle, .30 Sept. 2007.
Starn . . . “By speaking only of his own supposed mistakes . . .”: Herald-Sun, 3 Oct. 2007.
“Paula McClain quoted Nelson Mandela . . .”: Chronicle, 19 Oct. 2007
p. 424:
“NYU law professor Derrick Bell . . .”:
BET.com, 21 June 2007.
p. 425:
“Group of 88 stalwart Karla Holloway . . .”:
Jena statement, 19 Sept. 2007.
p. 426:
“Justice Department spokesperson Peter Carr . . .”: N&O, 5 Dec. 2007.
Blue: “We think he has articulated a compelling . . .”: Chronicle, 10 Dec. 2007.
Butler: “heavy reliance on out-of-court settlements . . .”: Chronicle, 15 Jan. 2008.
p. 427:
Cline fantastically told the
Herald-Sun . . .”:
Herald-Sun, 10 Oct. 2007; for Cline’s record, see “
Cline: The Nifongesque Choice,”
Durham-in-Wonderland, 3 May 2008.
p. 428:
“Mangum, in a cap and gown . . .”: N&O, 12 May 2008.
Butler: “It seems anyone . . .”: Chronicle, 15 May 2008.
“The faculty whose professional expertise . . .”: Lubiano, Hardt, and Weigman, “In the Afterlife of the Duke Case,” Social Text 25:4 (2007):1-16.
p. 429:
Williamson: “In addition to this being a deterrent to any prosecutorial misconduct . . .”: for the video of these remarks, see
here.